Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships Cooks) Regulations 2014

• Jurisdiction: Ireland
• Citation: IR SI 374/2014
• Year: 2014

Arrangement of Regulations

Part 1

Preliminary

1. Citation and commencement

2. Interpretation

Part 2

Accommodation and recreational facilities

3. Application-Part 2

4. Existing ships

5. General accommodation requirements

6. Ventilation and heating

7. Lighting

8. Sleeping accommodation

9. Mess rooms

10. Sanitary facilities

11. Hospital accommodation

12. Laundry facilities

13. Other facilities

14. On-board recreational facilities

15. Inspections

16. Saver for more favourable conditions

Part 3

Food and catering

17. Application-Part 3

18. Food to be provided free of charge

19. Provision of food and drinking water

20. Catering

21. Food and catering inspection

22. Offences-Part 3

Part 4

Ships’ cooks

23. Interpretation-Part 4

24. Application-Part 4

25. Ships’ cooks

26. Approval of institutions, training courses and certificates

27. Qualification for issue of ship’s cook certificate

28. Application for issue of ship’s cook certificate

29. Form and record of ship’s cook certificate

30. Loss of ship’s cook certificate

31. Recognition of certificates of qualification as ship’s cook issued by other states

32. Recognition of existing certificates of competency

33. Offences-Part 4

Part 5

Repeals and Revocations

34. Repeals

35. Revocations

S.I. No. 374 of 2014

MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (ACCOMMODATION, RECREATIONAL FACILITIES, FOOD, CATERING AND SHIPS’ COOKS) REGULATIONS 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 section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 2009/13/EC of 16 February 20091 , hereby make the following regulations:

Part 1

Preliminary

Citation and commencement

1. (1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships’ Cooks) Regulations 2014.

(2) These Regulations come into operation on 20 August 2014.

Interpretation

2. (1) In these Regulations—

“accommodation”, in relation to a ship, includes such sleeping rooms, mess rooms, catering accommodation (including store rooms and storage spaces), sanitary accommodation, hospital accommodation and recreational accommodation as are provided for the use of seafarers on board a ship;

“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);

“approved” means approved by the Minister;

“catering department”, in relation to a ship, means the galley, mess room and any other areas on board for the storage or preparation of food for seafarers or the service of meals to seafarers;

“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;

“date constructed”, in relation to a ship to which these Regulations apply, means the date the keel of which was laid or was at a similar stage of construction;

“existing ship”, in relation to a seagoing Irish ship, means a ship the keel of which was laid or was at a similar stage of construction before 21 July 2015;

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

“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, and any reference to a particular Marine Notice includes a reference to that notice as amended or replaced from time to time;

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

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

“officer” means a person other than a master ranked as an officer by agreement between one or more than one organisation of shipowners and seafarers or by custom;

“passenger ship” means a ship which carries more than 12 passengers;

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

“seafarer” means any person, including a master, who is employed, engaged or works in any capacity, on board a ship to which these Regulations apply, but does not include 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;

“similar stage of construction” means the stage at which construction identifiable with a specific ship begins, and assembly of that ship has commenced and has reached a stage of completion comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the lesser.

(2) For the purposes of these Regulations, when reference is made to “adequate” or “adequately”, in relation to accommodation requirements set out in Part 2, the accommodation, equipment or fitting shall be deemed to be adequate if it is in compliance with relevant standards or specifications specified in a Marine Notice that is in force.

Part 2

Accommodation and Recreational Facilities

Application-Part 2

3. Unless expressly provided otherwise, this Part applies to all seagoing Irish ships constructed on or after 21 July 2015, wherever they may be.

Existing ships

4. (1) Subject to paragraph (2), the requirements of the Merchant Shipping (Crew Accommodation on Board Ship) Regulations 1951 ( S.I. No. 95 of 1951 ) shall continue to apply to existing ships.

(2) Where any substantial structural alterations or major repairs, or outfitting related to such alterations or repairs are intended to be made to an existing ship on or after 21 July 2015, the shipowner shall notify the competent authority and those alterations, repairs or related outfitting shall meet the requirements of these Regulations, insofar as may be directed by the competent authority.

General accommodation requirements

5. (1) External bulkheads of sleeping rooms and mess rooms shall be adequately insulated.

(2) All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced shall be adequately insulated where the possibility exists of adjoining accommodation or passageways being affected by the heat.

(3) All service pipes, whether hot water or steam pipes, shall be adequately covered so as to protect seafarers from the heat effects of such pipes.

(4) Sleeping rooms, mess rooms, recreation rooms, the galley and passageways in the accommodation shall be adequately insulated to prevent condensation or overheating.

(5)(a) Bulkhead surfaces and deckheads shall be of a material which is easily kept clean and shall be constructed so as not to harbour vermin.

(b) Bulkhead surfaces and deckheads in sleeping rooms and mess rooms shall be of a material easily kept clean and be light in colour with a durable, non-toxic finish.

(c) The decks in all accommodation shall be of approved material and construction and shall be of a non-slip type surface which is impervious to damp and easily kept clean.

(d) Where flooring is made of composite materials, the joints of the floor and walls shall be profiled to avoid crevices.

(6) The clear headroom in accommodation on board a ship shall be not less than 203 centimetres (6ft 6.5 ins).

(7)(a) Sleeping rooms in seagoing Irish ships, other than passenger ships, shall be situated above the load line amidships or aft. In exceptional cases, subject to the prior approval of the competent authority having been obtained, where the size, type or intended service of the ship renders any other location impracticable, sleeping accommodation may be located in the fore part of the ship so long as the sleeping accommodation provided is not situated forward of the collision bulkhead.

(b) The competent authority may permit the sleeping rooms in...