Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014

• Jurisdiction: Ireland
• Citation: IR SI 376/2014
• Year: 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th August, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 87 of the Merchant Shipping Act 2010 (No. 14 of 2010) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), and for the purpose of giving effect to Council Directive 2009/13/EC of 16 February 20091 and to Directive 2013/54/EU of the European Parliament and of the Council of 20 November 20132 , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014.

(2) These Regulations (other than Regulation 4) come into operation on 20 August 2014.

(3) Regulation 4 comes into operation on 21 July 2015.

Interpretation

2. In these Regulations—

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

“Act of 2010” means the Merchant Shipping Act 2010 (No. 14 of 2010);

“anniversary date” means the day and month of each year which will correspond to the date of expiry of the relevant maritime labour certificate;

“certification inspection” means an inspection carried out for the purposes of certifying a ship and includes an initial inspection, an intermediate inspection and a renewal inspection referred to in Regulation 9;

“Code” means the Code of the Convention;

“competent authority” means that part of the Department of Transport, Tourism and Sport which is known as the Marine Survey Office;

“Convention” means the Maritime Labour Convention 2006 adopted at Geneva on 23 February 2006;

“declaration of maritime labour compliance (“DMLC”)” means the two-part document issued with a maritime labour certificate under Regulation 11 and consisting of—

(a) Part I which contains the information referred to in Standard A5.1.3, paragraph 10(a) of the Convention, and

(b) Part II which contains the measures referred to in paragraph 10(b) of that Standard;

“Directive 2009/13/EC” means Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC1;

“Directive 2013/54/EU” means Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 20062;

“interim maritime labour certificate” means a certificate issued under Regulation 12 and in the form set out in Schedule 2;

“international voyage” means a voyage from a port in one country to a port in another country;

“Irish MLC requirements” means the obligations imposed on persons by these Regulations and the other requirements of the Convention as implemented in the domestic law of the State;

“Irish ship” has the meaning assigned to it by section 2 of the Act of 2010;

“Marine Notice” means a notice, described as such, issued by the Minister, as may be amended or replaced from time to time;

“maritime labour certificate” means a certificate issued under Regulation 11 with a DMLC attached;

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

“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 and which has been granted an authorisation under Regulation 7;

“Regulations of 2011” means the European Communities (Passenger Ships) Regulations 2011 ( S.I. No. 322 of 2011 );

“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on the ship but does not include a person who is a pilot within the meaning of section 2 of the Harbours Act 1996 (No. 11 of 1996);

“seagoing”, in relation to a ship, means—

(a) a ship in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968),

(b) a passenger boat that proceeds to sea of Class P3, P4, P5 or P6, in respect of which a passenger boat licence is required to be in force in accordance with the Act of 1992,

(c) a passenger ship of Class I, II, II(A), III or VI in respect of which a passenger ship certificate is required to be in force in accordance with the Act of 1992,

(d) a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2011,

(e) a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011,

(f) a Dynamically Supported Craft (“DSC”) in respect of which a DSC Construction and Equipment Certificate, and a DSC Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011, or

(g) any other ship that proceeds to sea beyond the limits of smooth or partially smooth waters;

“ship” means any vessel, whether publicly or privately owned, which is ordinarily engaged in commercial operations, being a vessel other than a fishing vessel, warship or naval auxiliary;

“shipowner”, in relation to a ship, has the meaning assigned to it in the Convention and includes an owner within the meaning of section 2 of the Act of 2010;

“surveyor of ships” means a person appointed under section 724 of the Merchant Shipping Act 1894 to be a surveyor of ships for the purposes of that Act.

Application

3. These Regulations apply to all seagoing Irish ships wherever they may be.

Requirement for certain ships to be certified

4. (1) Every seagoing Irish ship of 500 gross tonnage or over that—

(a) engages in or intends to engage in international voyages, or

(b) operates or intends to operate from a port, or between ports, in another state,

is required to be certified in accordance with these Regulations.

(2) A shipowner of a seagoing Irish ship that is not required under paragraph (1) to be certified may request that his or her ship be certified in accordance with these Regulations.

(3) A request for the purposes of paragraph (2) shall be made to the competent authority.

(4) If a ship to which paragraph (1) applies proceeds or attempts to proceed to sea without a valid maritime labour certificate and DMLC or a valid interim maritime labour certificate, the shipowner and the master commits an offence.

Inspection of ships

5. (1) The reference in this Regulation, and each subsequent reference in these Regulations, to a ship that is required to be certified under Regulation 4(1) shall be deemed to include a reference to a ship that would, if Regulation 4 were in operation at any time before 21 July 2015 (but not a time earlier than 20 August 2014), be required to be certified under Regulation 4(1).

(2) A ship that is required to be certified under Regulation 4(1) or to which Regulation 4(2) applies shall be subject to—

(a) certification inspections, and

(b) periodic inspections at such intervals as may be determined by the competent authority for the purpose of verifying that the working and living conditions of seafarers on board the ship meet, and continue to meet, Irish MLC requirements.

(3) A ship to which these Regulations apply other than a ship referred to in paragraph (2) shall be subject to inspection, at intervals not exceeding 3 years, for the purpose of verifying—

(a) that the ship is in compliance with Irish MLC requirements, and

(b) that the working and living conditions of seafarers on board the ship meet, and continue to meet, those requirements.

Certified ships

6. A ship that is required to be certified under Regulation 4(1), or that a shipowner has requested to be certified under Regulation 4(2), shall be considered to be certified for the purposes of these Regulations if it carries in respect of that ship—

(a) a maritime labour certificate to which there is a DMLC attached, both of which are in force, or

(b) an interim maritime labour certificate which is in force.

Recognised organisation

7. (1) The Minister may, in accordance with Regulation 5.1.2 and Standard A5.1.2 of the Convention and Articles 3 and 4 of Directive 2013/54/EU, authorise a recognised organisation to carry out on his or her behalf inspection and certification services for the purposes of these Regulations.

(2) The inspection and certification services referred to in paragraph (1) include—

(a) carrying out the inspections referred to in Regulation 5,

(b) requiring the rectification of deficiencies, and

(c) issuing, endorsing and renewing maritime labour certificates.

(3) A recognised organisation may only undertake any of the tasks referred to in paragraphs (1) and (2) if it is authorised under paragraph (1) to carry out such tasks.

(4) A recognised organisation which contravenes paragraph (3) commits an offence.

Application for certification

8. (1) Subject to paragraph (2), a shipowner of a ship that is required to be certified under Regulation 4(1), or to which Regulation 4(2) applies, shall apply to the competent authority or the recognised organisation for a certification inspection to be carried out before a maritime labour certificate may be issued in respect of the ship.

(2) Before making an application for an initial inspection to be carried out, a shipowner shall—

(a) provide the competent authority with such information as the...