European Union (Passenger Ships) Regulations 2019.

• Statutory Instrument No.: 676/2019
• Published date: 03 January 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3th January, 2020.

Regulation

Contents

1. Citation and commencement 2. Interpretation 3. Application 4. Categorisation of sea areas and classes of ships 5. Safety requirements — passenger ships 6. Safety requirements — high-speed passenger craft 7. Stability requirements and phasing out of ro-ro passenger ships 8. Safety requirements for persons with reduced mobility 9. Exemptions 10. Surveys — passenger ships 11. Surveys — high-speed passenger craft 12. Certificates — passenger ships 13. Revocation and suspension of certificate 14. Display of certificate 15. False declaration of survey or certificate 16. Foreign passenger ships 17. Certificates — high-speed passenger craft 18. Powers of surveyor of ships 19. Power to detain certain vessels 20. Directions 21. Appeals 22. Service of directions, etc. 23. Penalties and prosecutions 24. Offences by body corporate 25. Revocation 26. Saver SCHEDULE 1 Regulation 3 (3) PART 1 FIRE APPLIANCES RULES FIRE PROTECTION RULES LIFE-SAVING APPLIANCES PASSENGER SHIP CONSTRUCTION PART 2 LIFE-SAVING APPLIANCES SCHEDULE 2 Regulation 4 (4) SEA AREAS

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive 2009/45/EC of the European Parliament and of the Council of 6 May 20091 , as amended by Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 20172 , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Passenger Ships) Regulations 2019.

(2) These Regulations come into operation on 21 December 2019.

Interpretation

2. (1) In these Regulations—

“Act of 1952” means Merchant Shipping (Safety Convention) Act 1952 (No. 29 of 1952);

“Act of 1955” means Mercantile Marine Act 1955 (No. 29 of 1955);

“Act of 1992” means Merchant Shipping Act 1992 (No. 2 of 1992);

“Act of 2006” means Sea Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006);

“craft constructed” means a craft the keel of which is laid or which is at a similar stage of construction;

“direction” means a direction served under Regulation 20;

“Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6 May 20091 , as amended by Commission Directive 2010/36/EU of 1 June 20103 and Commission Directive (EU) 2016/844 of 27 May 20164 and Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 20172 ;

“domestic voyage” means a voyage in sea areas from a port in the State to the same or another port within the State;

“DSC” means Dynamically Supported Craft;

“DSC Code” means the ‘Code of Safety for Dynamically Supported Craft’ contained in IMO Assembly Resolution A.373(10) of 14 November 1977, in its up-to-date version;

“existing ship” means a ship which is not a new ship;

“HSC Code” means for a high speed passenger craft constructed—

(a) before 1 July 2002 – the HSC Code 1994, and

(b) on or after 1 July 2002 – the HSC Code 2000;

“high-speed passenger craft” means a high-speed craft as defined in Regulation X/1 of the 1974 SOLAS Convention, as amended, which carries more than 12 passengers, with the exception of passenger ships engaged on domestic voyages in sea areas B, C or D when—

(a) its displacement corresponding to the design waterline is less than 500m3 ,or

(b) its maximum speed, as defined in Regulation 1.4.30 of the HSC Code 1994 and Regulation 1.4.38 of the HSC Code 2000, is less than 20 knots;

“HSC Code 1994” means the ‘International Code for Safety of High-Speed Craft’ contained in IMO Maritime Safety Committee Resolution MSC.36(63) of 20 May 1994, in its up-to-date version;

“HSC Code 2000” means the ‘International Code of Safety for High-Speed Craft, 2000’ contained in IMO Maritime Safety Committee Resolution MSC.97(73) of 5 December 2000, in its up-to-date version;

“IMO” means International Maritime Organization;

“internal waters of the State” shall be construed in accordance with section 86 of the Act of 2006;

“Irish high-speed passenger craft” means a high-speed passenger craft that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“Irish passenger ship” means a passenger ship that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“line of coast” means land being the mainland of the State or any island which is normally inhabited and which has piers or berthing facilities which are in regular use;

“maritime administration” in relation to a Member State (other than the State) or a third country, means the person who, in that Member State or third country, exercises functions the same as or similar to those exercised by the Minister under these Regulations;

“mile” means nautical mile or 1,852 metres;

“Minister” means Minister for Transport, Tourism and Sport;

“new ship” means a ship the keel of which was laid or which was at a similar stage of construction on or after 1 July 1998;

“notice of detention” means a notice of detention served under Regulation 19(2);

“passenger” means every person other than—

(a) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship, and

(b) a child under one year of age;

“passenger ship” means a passenger ship which carries more than 12 passengers engaged on a domestic voyage other than passenger ships which are—

(a) ships of war and troopships,

(b) sailing ships,

(c) ships not propelled by mechanical means,

(d) vessels constructed in material other than steel or equivalent and not covered by the standards concerning High Speed Craft (Resolution MSC 36(63) or MSC.97(73)) or Dynamically Supported Craft (Resolution A.373(10)),

(e) wooden ships of primitive build,

(f) traditional ships,

(g) pleasure yachts not engaged in trade, regardless of the means of propulsion,

(h) ships exclusively engaged in port areas,

(i) offshore service ships, or

(j) tenders;

“port area” means an area other than a sea area, specified in Schedule 2, extending to the outermost permanent harbour works forming an integral part of the harbour system, or to the limits defined by natural geographical features protecting an estuary or similar sheltered area;

“recognised organisation” means a recognised organisation to which an authorisation under the European Communities (Ship Inspection and Survey Organisations) Regulations 2011 ( S.I. No. 275 of 2011 ) has been granted or continued;

“ro-ro passenger ship” means a ship carrying more than 12 passengers, having ro-ro cargo spaces or special category spaces, as defined in Regulation II-2/A/2 contained in Annex I to the Directive;

“similar stage of construction” means the stage at which—

(a) for a ship—

(i) construction identifiable with a specific ship begins, and

(ii) assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is less,

and

(b) for a high speed passenger craft—

(i) construction identifiable with a specific craft begins, and

(ii) assembly of that craft has commenced comprising at least 50 tonnes or 3 per cent of the estimated mass of all structural material, whichever is the less;

“surveyor of ships” means a person appointed under section 724 of the Merchant Shipping Act 1894 (c. 60) to be a surveyor of ships;

“territorial seas” means the territorial seas of the State and shall be construed in accordance with section 82 of the Act of 2006;

“third country” means a state other than a Member State.

(2) A word or expression that is used in these Regulations and that is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

Application

3. (1) These Regulations apply to—

(a) new and existing passenger ships of Class A, B, C and D being 24 metres in length and above, and

(b) high-speed passenger craft,

regardless of their flag, when engaged on a domestic voyage.

(2) These Regulations shall have effect notwithstanding any provision to the contrary in regulations, rules or orders applying to passenger ships or any class of passenger ship immediately before the coming into operation of these Regulations.

(3) The instruments specified—

(a) in Part 1 of Schedule 1 shall not apply to Class A, Class B and new Class C or D passenger ships to which these Regulations apply, and

(b) in Part 2 of Schedule 1 shall not apply to existing Class C and Class D passenger ships to which these Regulations apply.

Categorisation of sea areas and classes of passenger ships

4. (1) The sea areas of the State are divided into the following categories:

“Area A” means a sea area outside of areas B, C and D. “Area B” means a sea area, whose geographical coordinates are at no point more than 20 miles from the line of coast of the State, corresponding to the medium tide height, but which is outside of areas C and D. “Area C” means a sea area whose geographical coordinates are at any point no more than 5 miles from the line of coast of the State, corresponding to the medium tide height, but outside of sea area D if any, and the probability of the significant wave height exceeding 2.5 metres is smaller than 10 per cent for a period of one year for all-year-round operation, or for a...