S.I. No. 301 of 2003

European Communities (Ship Inspection and Survey Organisations) Regulations 2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ), for the purpose of giving effect to Council Directive 94/57/EC¹ of 22 November 1994, as amended by Directive 2001/105/EC² of the European Parliament and of the Council of 19 December 2001, hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Ship Inspection and Survey Organisations) Regulations 2003.

2.         (1)       In these Regulations --

“authorisation” means an authorisation under Regulation 4 or Regulation 4 of the Regulations of 1998;

“authorised officer” means an officer of the Minister authorised under Regulation 8;

“Commission” means the Commission of the European Communities;

“Directive” means Council Directive 94/57/EC¹ of 22 November 1994, as amended by Directive 2001/105/EC² of the European Parliament and of the Council of 19 December 2001;

“Irish ship” means a ship entitled to wear the national colours (within the meaning of section 9 of the Mercantile Marine Act 1955 ( No. 29 of 1955 );

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

“recognised organisation” means an organisation recognised by the Commission under Article 4 of the Directive or recognised by the Minister under the Regulations of 1998;

“Regulations of 1998” means the European Communities (Ship Inspection and Survey Organisations) Regulations 1998 ( S.I. No. 56 of 1998 ).

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

(3)  In these Regulations --

(a)       a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended, and

(b)       a reference to a paragraph is a reference to a paragraph of the Regulation in which the reference occurs, unless it is indicated that reference to some other Regulation is intended.

3.         (1)       Where the Minister proposes to grant an authorisation to an organisation which is not yet recognised, he or she may, for the purposes of submitting a request for recognition under Article 4 of the Directive to the Commission, require the organisation to give the Minister such information as he or she considers necessary for evidence that the organisation complies with the criteria set out in the Annex to the Directive.

(2)       An authorised officer may carry out an assessment of an organisation for which a request for recognition has been received by the Minister in order to verify that the organisation meets and undertakes to comply with the Annex to and Article 15(2), (4) and (5) of, the Directive.

(3)       An authorised officer may for the purposes of paragraph (2) --

(a)       request an organisation to give such information to the officer as he or she decides, or

(b)       enter at any reasonable time the premises or place of business of an organisation and carry out such inspection of any documents or records, in whatever form kept, he or she finds there and require any relevant person there to provide him or her with information relevant for the purposes of the request for recognition.

4.         (1)       The Minister may grant an authorisation to a recognised organisation to undertake fully or in part inspections and surveys of Irish ships related to certificates including those for assessment of compliance with Article 14 of the Directive and, where appropriate, to issue or renew the related certificates.

(2)       An authorisation may apply generally or for a particular purpose, provision of law or ship.

(3)       A person who is not a recognised organisation shall not undertake any of the tasks referred to in paragraph (1).

(4)       A person who contravenes paragraph (3) is guilty of an offence.

(5)       A recognised organisation may only undertake any of the tasks referred to in paragraph (1) if it is authorised under that paragraph to carry out the task.

(6)       A recognised organisation which contravenes paragraph (5) is guilty of an offence.

5.         (1)       Where the Minister considers that a recognised organisation which holds an authorisation can no longer be authorised to carry out on behalf of the Minister the tasks specified in the authorisation, he or she may suspend the authorisation on the basis of the procedure under Article 10 of the Directive.

(2)       Where an authorisation has been suspended under paragraph (1) or recognition of an organisation has been suspended by the Commission under Article 10 (2) or (3) of the Directive, the organisation to which the suspension relates shall not carry out any task referred to in the authorisation while the suspension is in force.

(3)       An organisation which contravenes paragraph (2) is guilty of an offence.

6.         (1)       A recognised organisation shall comply with Article 11 (4) and 15 of the Directive.

(2)       Where the Minister considers that a recognised organisation is failing to comply with paragraph (1), he or she may give a direction to the organisation to comply with that paragraph in accordance with the terms of the direction.

(3)       A recognised organisation which fails, without reasonable excuse, to comply with a direction given to it under paragraph (1) is guilty of an offence.

(4)       A direction under paragraph (1) shall be in writing, be addressed to the organisation concerned and may be given in any one of the following ways:

(a)       by delivering it to the organisation,

(b)       by leaving it at the address at which the organisation normally carries on business,

(c)       by sending it by post in a pre-paid registered letter to the address at which the organisation normally carries on business,

(d)       if an address for the service of directions has been furnished by the organisation, by leaving it at, or sending it by pre-paid registered post to that address.

7.         (1)       Where an offence is committed under these Regulations by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if he or she was guilty of the first-mentioned offence.

(2)       A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000.

(3)       Proceedings for an offence under this Regulation may be brought and prosecuted by the Minister.

8.         (1)       The Minister may appoint such and so many of his officers to be authorised officers for the purposes of these Regulations and the Directive.

(2)       An authorised officer shall --

(a)       be given a warrant of his or her appointment, and

(b)       when exercising a power conferred on an authorised officer under these Regulations, if requested by any person affected, produce to the person the warrant for inspection.

(3)       For the purpose of ensuring that these Regulations, the Directive and any authorisation is being complied with, an authorised officer may --

(a)       at all reasonable times, enter any place or premises or board any Irish ship where he or she has reason to believe an inspection or survey of an Irish ship is taking place or there is documentation or information relating to such an inspection or survey,

(b)       require any person there and involved in the inspection or survey to produce to the officer such documents, records (in whatever form kept) or certificates or answer such questions relating to the inspection or survey, that the officer requires,

(c)       take copies of or extracts from any such documents, records or certificates,

(d)       carry out such inspection or survey, as the officer considers necessary, of the ship.

(4)       A person who --

(a)       obstructs or impedes an authorised officer in the exercise of his or her duties under this Regulation or Regulation 3(3), or

(b)       fails to comply with a requirement made of him or her by an authorised officer under this Regulation or Regulation 3(3), is guilty of an offence.

9.         The Regulations of 1998 are revoked.

10.        (1)       Any organisation recognised under Regulation 3 of the Regulations of 1998 or any authorisation granted under Regulation 4 of the Regulations of 1998 which is in force immediately before the making of these Regulations continues.

(2)       These Regulations apply to an authorisation granted under Regulation 4 of the Regulations of 1998.

Explanatory Note

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

These Regulations transpose Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and amending Directive 2001/105/EC of the European Parliament and of the Council of 19 December 2001.

The European Communities (Ship Inspection and Survey Organisations) Regulations 1998 ( S.I. No. 56 of 1998 ) are now revoked.

¹ OJ No. L319, 12.12.94, p. 20

² OJ No. L19, 12.01.02, p. 9

¹ OJ No. L319, 12.12.94, p. 20

² OJ No. L19, 12.01.02, p. 9