Fishing Vessels (Safety Provisions) Regulations, 2002

JurisdictionIreland
CitationIR SI 418/2002
Year2002

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 19 of the Merchant Shipping Act 1992 (No. 2 of 1992), as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ), for the purpose of giving effect to Council Directive 97/70/EC of 11 December 19971 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended by Commission Directive 1999/19/EC of 18 March 19992 and Commission Directive 2002/35/EC of 25 April 2002,3 hereby make the following Regulations:

1. These Regulations may be cited as the Fishing Vessels (Safety Provisions Regulations 2002.

2. (1) In these Regulations, except where the context otherwise requires -

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

“Council Directive” means Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended by Commission Directive 1999/19/EC of 18 March 1999 and Commission Directive 2002/35/EC of 25 April 2002;

“fishing vessel” has the same meaning as it has in the Merchant Shipping Act 1992 (No. 2 of 1992) as amended by the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000);

“the Minister” means the Minister for Communications, Marine and Natural Resources;

“recognised organisation” means a recognised organisation to which an authorisation under Regulation 4 of the European Communities (Ship Inspection and Survey Organisations) Regulations 1998 ( S.I. No. 56 of 1998 ) has been granted.

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

(3) These Regulations shall apply to all fishing vessels notwithstanding anything to the contrary contained in any rules, Regulations or orders in force immediately before the coming into operation of these Regulations.

3. (1) Subject to paragraph (2) of this Regulation, the Annex to the Torremolinos Protocol (as adapted by Annex 1 to the Council Directive) shall, in respect of a fishing vessel, be complied with.

(2) Chapters IV, V, and VII of the Annex to the Torremolinos Protocol applying to vessels of not less than 45 metres in length (as adapted by Annex II to the Council Directive) and subject to any exemption granted under Regulation 4(2) of these Regulations, Chapter IX of that Annex (as so adapted) shall, in respect of a new fishing vessel of not less than 24 metres in length be complied with.

(3) The provisions specified in paragraph A of Annex III to the Council Directive shall in respect of a fishing vessel operating in an area specified in subparagraph 1 of the said paragraph A, be complied with.

(4) The provisions specified in paragraph B of the said Annex III shall, in respect of a fishing vessel operating in an area specified in subparagraph 1 of the said paragraph B, be complied with.

(5) The specific safety requirements specified in Annex IV to the Council Directive shall, in respect of a fishing vessel, be...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT