S.I. No. 301/1981 -- European Communities (Entry Requirements For Tankers) Regulations, 1981.

S.I. No. 301/1981 -- European Communities (Entry Requirements For Tankers) Regulations, 1981. 1981 301

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STATUTORY INSTRUMENTS.

S.I. No. 301 of 1981.

EUROPEAN COMMUNITIES (ENTRY REQUIREMENTS FOR TANKERS) REGULATIONS, 1981.

S.I. No. 301 of 1981.

EUROPEAN COMMUNITIES (ENTRY REQUIREMENTS FOR TANKERS) REGULATIONS, 1981.

I, PATRICK COONEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Comunities Act, 1972 (No. 27 of 1972) , and for the purpose of giving effect to Council Directive No. 79/116/EEC⁽¹⁾ of the 21 December, 1978, as amended by Council Directive No. 79/1034/EEC of the 6 December, 1979⁽²⁾ , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Entry Requirements for Tankers) Regulations, 1981.

2. These Regulations shall come into operation on the 1st day of December, 1981.

3. In these Regulations--

“chemicals” means any substance listed in Chapter VI of the IMCO Code for ships carrying Dangerous Chemicals;

“gas” means any substance to which the IMCO Code for existing ships carrying Liquefied Gases and the IMCO Code for ships carrying Liquefied Gases apply;

“harbour” includes harbours so called (whether natural or artificial), estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers;

“harbour authority” includes all persons being proprietors of, or entrusted with the duty, or invested with the powers of constructing, improving, managing, regulating, maintaining or lighting a harbour;

“master” means any person (other than a pilot) having command or charge of a tanker:

“oil” means petroleum in any form, including crude oil, fuel oil and refined products (other than a substance listed in Chapter VI of the said Code for ships carrying Dangerous Chemicals);

“tanker” means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of chemicals, gas or oil in bulk;

“IMCO” means the Inter-Governmental Maritime Consultative Organisation;

“the IMCO Code for ships carrying Dangerous Chemicals” means the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk published by IMCO in London in 1977 (as amended by the 1st to 9th Amendments thereto);

“the IMCO Code for existing ships carrying Liquefied Gases” means the Code for Existing Ships carrying Liquefied Gases in Bulk published by IMCO in London in 1976 (as amended by the 1st to 3rd Amendments thereto);

“the IMCO Code for ships carrying Liquefied Gases” means the Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk published by IMCO in London in 1976 (as amended by the 1st to 3rd Amendments thereto).

4. These Regulations apply to all tankers which have a gross registered tonnage of not less than 1,600 tons and which:

(a) are carrying a cargo of chemicals, gas or oil in bulk; or

(b) having previously carried such a cargo, have discharged that cargo but whose tanks are not free of vapours given off by residues of such cargo and have an atmosphere which has not been rendered non-flammable.

5. The master of a tanker to which these Regulations apply shall, before the tanker enters any harbour in the State, transmit to the harbour authority concerned the following information:--

(a) the name and call sign of the tanker;

(b) the country in which the tanker is registered;

(d) the estimated time of arrival of the tanker at the harbour;

(e) the nature and quantity of the cargo carried in the tanker;

(f) whether the tanker is fitted with an inert gas system;

(g) whether the inert gas system, if fitted, is fully operational;

(h) whether the cargo tanks have an atmosphere which has been rendered non-flammable;

(i) whether or not a certificate has been issued in respect of the tanker:

(i) if its cargo includes chemicals, that it complies with the IMCO Code for ships carrying Dangerous Chemicals; and

(ii) if its cargo includes gas, that it complies with the IMCO Code for existing ships carrying Liquefied Gases or with the IMCO Code for ships carrying Liquefied Gases.

6. The master of a tanker to which these Regulations apply shall, before the tanker enters any harbour in the State, accurately complete the tanker check list specified in the Schedule to these Regulations and shall give, or cause to be given, the completed check list to the pilot, if taken on board, and to the harbour authority of that harbour.

7. The master of a tanker to which these Regulations apply, whilst in the territorial waters adjacent to the port of entry or departure, shall inform the harbour authority of any defect in the hull, machinery or equipment of the tanker which may:--

(i) decrease the safe manoeuvrability of the vessel; or

(ii) affect the safety or easy flow of traffic in or in the vicinity of or in the approaches to the harbour; or

(iii) constitute a hazard to the marine environment; or

(iv) constitute a hazard to persons or property on land or in the vicinity of the harbour.

8. Any person who fails to comply with the provisions of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

SCHEDULE

TANKER CHECK LIST

A. Vessel Identification
Name of Vessel		Owner
Flag	Call sign	Year built
Port of Registry	Length overall	Gross tonnage
Classification society
Class notation	Hull	Machinery
Propulsion machinery	Output
Agent
Draught: forward	amidships	aft

Kind of cargo loaded (according to tank loading Volume of cargo loaded plan)

B. Safety installations aboard	in good working order		Deficiencies
	Yes	No
1. Construction and technical equipment
Main and auxiliary engines	□	□
Main steering gear	□	□
Auxiliary steering gear	□	□
Anchor gear	□	□
Fixed fire-extinguishing system	□	□
2. Navigational equipment	□	□
Manoeuvring characteristics available	□	□
First radar installation	□	□
Second radar installation	□	□
Gyro compass	□	□
Standard magnetic compass	□	□
Radio direction-finding apparatus	□	□
Echo-sounding device	□	□
Other electronic position fixing aids	□	□
3. Radio equipment	□	□
Radiotelegraphy installation	□	□
Radiotelephony installation (VHF)	□	□

Certificates/documents valid on board

C. Safety certificates and other documents	Yes	No
Cargo Ship Safety Construction Certificate	□	□
Cargo Ship Safety Equipment Certificate	□	□
Cargo Ship Safety Radiotelegraphy Certificate	□	□
Cargo Ship Safety Radiotelephony Certificate	□	□
Load Line Certificate	□	□
Classification Certificate	□	□
Oil Liability Certificate	□	□
Oil Record Book filled in	□	□
Certificate of fitness for the carriage of dangerous chemicals in bulk under the terms of the IMCO Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk.	□	□
Certificate of fitness for the carriage of liquefied gases under the terms of the IMCO Code for Existing Ships carrying Liquefied Gases in Bulk or the IMCO Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk.	□	□

D. Officers and ratings	Yes	No
Master	□	□
Chief Mate	□	□
Second Mate	□	□
Third Mate	□	□
Chief Engineer	□	□
First Engineer Officer	□	□
Second Engineer Officer	□	□
Third Engineer Officer	□	□
Radio Officer	□	□
Total number of ratings		deck	□	engine room	□

	Signature of the master
	or, if he is indisposed, of the
	deputy.
Date
___________	_____________________

	GIVEN under my Official Seal, this 18th day of August, 1981.
	PATRICK COONEY
	Minister for Transport

EXPLANATORY NOTE.

(This Note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations implement EEC Council Directive No. 79/116/EEC, as amended by Council Directive No. 79/1034/EEC, which prescribes minimum reporting requirements for certain oil, gas and chemical tankers entering or leaving Community ports.

⁽¹⁾ (1) OJ No. L33, 8.2. 1979, p. 33.

⁽²⁾ OJ No. L315, 11.12. 1979, p.16.

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S.I. No. 301/1981 -- European Communities (Entry Requirements For Tankers) Regulations, 1981.