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S.I. No. 676/2019 - European Union (Passenger Ships) Regulations 2019

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2019 S.I. No. 676/2019 - European Union (Passenger Ships) Regulations 2019 S.I. No. 676/2019 - European Union (Passenger Ships) Regulations 2019 AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice

the making

this Statutory Instrument was published in “Iris Oifigiúil”

3th January,

  1. Regulation Contents
  2. Citation and commencement
  3. Interpretation
  4. Application
  5. Categorisation

sea areas and classes

ships

  1. Safety requirements — passenger ships
  2. Safety requirements — high-speed passenger craft
  3. Stability requirements and phasing out

ro-ro passenger ships

  1. Safety requirements for persons with reduced mobility
  2. Exemptions
  3. Surveys — passenger ships
  4. Surveys — high-speed passenger craft
  5. Certificates — passenger ships
  6. Revocation and suspension

certificate 14. Display

certificate 15. False declaration

survey or certificate

  1. Foreign passenger ships
  2. Certificates — high-speed passenger craft
  3. Powers

surveyor

ships

  1. Power to detain certain vessels
  2. Directions
  3. Appeals
  4. Service

directions, etc. 23. Penalties and prosecutions 24.

fences by body corporate

  1. Revocation
  2. Saver SCHEDULE 1 Regulation 3

(3)PART 1 FIRE APPLIANCES RULES FIRE PROTECTION RULES LIFE-SAVING APPLIANCES PASSENGER SHIP CONSTRUCTION PART 2 LIFE-SAVING APPLIANCES SCHEDULE 2 Regulation 4
(4)SEA AREAS I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise

the powers conferred on me by section 3

the European Communities Act 1972 (No. 27

1972), and for the purpose

giving further effect to Directive 2009/45/EC

the European Parliament and

the Council

6 May 20091 , as amended by Directive (EU) 2017/2108

the European Parliament and

the Council

15 November 20172 , hereby make the following regulations: Citation and commencement 1.

(1)These Regulations may be cited as the European Union (Passenger Ships) Regulations 2019.
(2)These Regulations come into operation on 21 December 2019. Interpretation 2.
(1)In these Regulations— “Act

1952” means Merchant Shipping (Safety Convention) Act 1952 (No. 29

1952); “Act

1955” means Mercantile Marine Act 1955 (No. 29

1955); “Act

1992” means Merchant Shipping Act 1992 (No. 2

1992); “Act

2006” means Sea Fisheries and Maritime Jurisdiction Act 2006 (No. 8

2006); “craft constructed” means a craft the keel

which is laid or which is at a similar stage

construction; “direction” means a direction served under Regulation 20; “Directive” means Directive 2009/45/EC

the European Parliament and

the Council

6 May 20091 , as amended by Commission Directive 2010/36/EU

1 June 20103 and Commission Directive (EU) 2016/844

27 May 20164 and Directive (EU) 2017/2108

the European Parliament and

the Council

15 November 20172 ; “domestic voyage” means a voyage in sea areas from a port in the State to the same or another port within the State; “DSC” means Dynamically Supported Craft; “DSC Code” means the ‘Code

Safety for Dynamically Supported Craft’ contained in IMO Assembly Resolution A.373

(10)

14 November 1977, in its up-to-date version; “existing ship” means a ship which is not a new ship; “HSC Code” means for a high speed passenger craft constructed— (

  1. a)before 1 July 2002 – the HSC Code 1994, and (
  2. b)on or after 1 July 2002 – the HSC Code 2000; “high-speed passenger craft” means a high-speed craft as defined in Regulation X/1

the 1974 SOLAS Convention, as amended, which carries more than 12 passengers, with the exception

passenger ships engaged on domestic voyages in sea areas B, C or D when— (

  1. a)its displacement corresponding to the design waterline is less than 500m3 ,or (
  2. b)its maximum speed, as defined in Regulation 1.4.30

the HSC Code 1994 and Regulation 1.4.38

the HSC Code 2000, is less than 20 knots; “HSC Code 1994” means the ‘International Code for Safety

High-Speed Craft’ contained in IMO Maritime Safety Committee Resolution MSC.36

(63)

20 May 1994, in its up-to-date version; “HSC Code 2000” means the ‘International Code

Safety for High-Speed Craft, 2000’ contained in IMO Maritime Safety Committee Resolution MSC.97

(73)

5 December 2000, in its up-to-date version; “IMO” means International Maritime Organization; “internal waters

the State” shall be construed in accordance with section 86

the Act

2006; “Irish high-speed passenger craft” means a high-speed passenger craft that is entitled to wear the proper national colours within the meaning

section 10

the Act

1955 or that is a ship to which section 18

(3)

that Act applies; “Irish passenger ship” means a passenger ship that is entitled to wear the proper national colours within the meaning

section 10

the Act

1955 or that is a ship to which section 18

(3)

that Act applies; “line

coast” means land being the mainland

the State or any island which is normally inhabited and which has piers or berthing facilities which are in regular use; “maritime administration” in relation to a Member State (other than the State) or a third country, means the person who, in that Member State or third country, exercises functions the same as or similar to those exercised by the Minister under these Regulations; “mile” means nautical mile or 1,852 metres; “Minister” means Minister for Transport, Tourism and Sport; “new ship” means a ship the keel

which was laid or which was at a similar stage

construction on or after 1 July 1998; “notice

detention” means a notice

detention served under Regulation 19

(2); “passenger” means every person other than— (a) the master and the members

the crew or other persons employed or engaged in any capacity on board a ship on the business

that ship, and (b) a child under one year

age; “passenger ship” means a passenger ship which carries more than 12 passengers engaged on a domestic voyage other than passenger ships which are— (a) ships

war and troopships, (

  1. b)sailing ships, (
  2. c)ships not propelled by mechanical means, (
  3. d)vessels constructed in material other than steel or equivalent and not covered by the standards concerning High Speed Craft (Resolution MSC 36

(63)or MSC.97
(73)) or Dynamically Supported Craft (Resolution A.373
(10)), (e) wooden ships

primitive build, (

  1. f)traditional ships, (
  2. g)pleasure yachts not engaged in trade, regardless

the means

propulsion, (h) ships exclusively engaged in port areas, (i)

fshore service ships, or (j) tenders; “port area” means an area other than a sea area, specified in Schedule 2, extending to the outermost permanent harbour works forming an integral part

the harbour system, or to the limits defined by natural geographical features protecting an estuary or similar sheltered area; “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

2011 ) has been granted or continued; “ro-ro passenger ship” means a ship carrying more than 12 passengers, having ro-ro cargo spaces or special category spaces, as defined in Regulation II-2/A/2 contained in Annex I to the Directive; “similar stage

construction” means the stage at which— (

  1. a)for a ship— (
  2. i)construction identifiable with a specific ship begins, and (
  3. ii)assembly

that ship has commenced comprising at least 50 tonnes or 1 per cent

the estimated mass

all structural material, whichever is less, and (

  1. b)for a high speed passenger craft— (
  2. i)construction identifiable with a specific craft begins, and (
  3. ii)assembly

that craft has commenced comprising at least 50 tonnes or 3 per cent

the estimated mass

all structural material, whichever is the less; “surveyor

ships” means a person appointed under section 724

the Merchant Shipping Act 1894 (c. 60) to be a surveyor

ships; “territorial seas” means the territorial seas

the State and shall be construed in accordance with section 82

the Act

2006; “third country” means a state other than a Member State.

(2)A word or expression that is used in these Regulations and that is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive. Application 3.
(1)These Regulations apply to— (a) new and existing passenger ships

Class A, B, C and D being 24 metres in length and above, and (b) high-speed passenger craft, regardless

their flag, when engaged on a domestic voyage.

(2)These Regulations shall have effect notwithstanding any provision to the contrary in regulations, rules or orders applying to passenger ships or any class

passenger ship immediately before the coming into operation

these Regulations.

(3)The instruments specified— (a) in Part 1

Schedule 1 shall not apply to Class A, Class B and new Class C or D passenger ships to which these Regulations apply, and (b) in Part 2

Schedule 1 shall not apply to existing Class C and Class D passenger ships to which these Regulations apply. Categorisation

sea areas and classes

passenger ships 4.

(1)The sea areas

the State are divided into the following categories: “Area A” means a sea area outside

areas B, C and D. “Area B” means a sea area, whose geographical coordinates are at no point more than 20 miles from the line

coast

the State, corresponding to the medium tide height, but which is outside

areas C and D. “Area C” means a sea area whose geographical coordinates are at any point no more than 5 miles from the line

coast

the State, corresponding to the medium tide height, but outside

sea area D if any, and the probability

the significant wave height exceeding 2.5 metres is smaller than 10 per cent for a period

one year for all-year-round operation, or for a specific period for seasonal operation, such as summer period operation. “Area D” means a sea area whose geographical coordinates are at any point no more than 3 miles from the line

coast

the State, corresponding to the medium tide height, and the probability

the significant wave height exceeding 1.5 metres is smaller than 10 per cent for a period

one year for all-year-round operation, or for a specific period for seasonal operation, such as summer period operation.

(2)Passenger ships are divided into the following classes according to the sea area in which they may operate: “Class A” means a passenger ship engaged on a domestic voyage in Areas A, B, C and D. “Class B” means a passenger ship engaged on a domestic voyage in Areas B, C and D. “Class C” means a passenger ship engaged on domestic voyages in Areas C and D. “Class D” means a passenger ship engaged on domestic voyages in Area D.
(3)For high-speed passenger craft the categories defined in Chapter 1 (1.4.10) and (1.4.11)

the HSC Code 1994 or Chapter 1 (1.4.12) and (1.4.13)

the HSC Code 2000 shall apply.

(4)A list

the sea areas

the State for the purposes

Article 4

(2)

the Directive is set out in Schedule 2. Safety requirements — passenger ships 5.

(1)New and existing Irish passenger ships shall comply with the safety requirements

Article 6

the Directive.

(2)Where, in respect

a new or existing Irish passenger ship— (a) the standards referred to in subparagraph (a)

Article 6

(1)

the Directive, or (b) the provisions specified in subparagraph (b)

Article 6

(1)

the Directive, are not complied with, the owner, operator and master

the passenger ship concerned each commits an

fence.

(3)Where, in respect

a new Irish passenger ship— (a) the general requirements specified in subparagraph (a)

Article 6

(2)

the Directive, or (b) notwithstanding Regulation 3

(1)(e)

the Merchant Shipping (Load Lines) (Exemption) Order 2002 ( S.I. No. 416

2002 ), the load line requirements specified in subparagraph (b)

Article 6

(2)

the Directive, are not complied with, the owner, operator and master

the passenger ship concerned each commits an

fence.

(4)The owner, operator and master

an existing Irish passenger ship

Class A, engaged on a domestic voyage, in respect

which there has been a failure to comply with these Regulations or specific relevant requirements referred to in subparagraph (a)

Article 6

(3)

the Directive each commits an

fence.

(5)The owner, operator and master

— (a) an existing Irish passenger ship

Class B in respect

which there has been a failure to comply with the specific relevant requirements referred to in subparagraph (b)

Article 6

(3)

the Directive, or (b) an existing Irish passenger ship

Class C or D in respect

which there has been a failure to comply with the specific relevant requirements referred to in subparagraph (c)

Article 6

(3)

the Directive, each commits an

fence.

(6)With regard to new and existing Irish passenger ships, repairs, alterations and modifications

a major nature shall comply with the requirements

subparagraph (a)

Article 6

(2)

the Directive; however, alterations made to a passenger ship that are intended solely to achieve a higher survivability standard shall not be regarded as modifications

a major nature.

(7)Where, in respect

a new or existing Irish passenger ship, there has been a failure to comply with paragraph

(6), the owner, operator and master

the passenger ship concerned each commits an

fence.

(8)References in this Regulation to an Irish passenger ship shall include references to a passenger ship, while in the internal waters

the State or the territorial seas, that is entitled to fly the flag

a Member State (other than the State) or a third country. Safety requirements — high-speed passenger craft 6.

(1)Irish high-speed passenger craft shall comply with Article 6
(4)

the Directive.

(2)Where, in respect

an Irish high-speed passenger craft, there has been a contravention

paragraph

(1)the owner, operator and master

the high-speed passenger craft concerned each commits an

fence.

(3)References in this Regulation to an Irish high-speed passenger craft shall include a reference to a high-speed passenger craft, while in the internal waters

the State or the territorial seas, that is entitled to fly the flag

a Member State (other than the State) or a third country. Stability requirements and phasing out

ro-ro passenger ships 7. Where, in respect

a ro-ro passenger ship— (a)

Class A or B, or (b)

Class C, the keel

which is, on or after 1 October 2004, laid or at a similar stage

construction, there has been a failure to comply with Article 7

the Directive, the owner, operator and master

the ro-ro passenger ship concerned each commits an

fence. Safety requirements for persons with reduced mobility 8.

(1)Every owner, operator and master

a passenger ship

Class A, B, C or D and all high-speed passenger craft, used for public transport, the keel

which is laid or which is at a similar stage

construction on or after 1 October 2004, shall in respect

each such ship and craft, ensure that appropriate measures are taken, based, where practicable, on the guidelines in Annex III to the Directive, to enable persons with reduced mobility to have safe access to the ship or craft.

(2)For the purpose

modification

a passenger ship

Class A, B, C and D and high-speed passenger craft, used for public transport, the keel

which is laid or which is at a similar stage

construction before 1 October 2004, the owner, operator and master

each such ship and craft shall apply the guidelines in Annex III to the Directive as far as reasonable and practicable in economic terms. Exemptions 9.

(1)The Minister may, subject to paragraphs
(3)and
(4)

Article 9

the Directive, grant an exemption from such provisions

these Regulations and the specific requirements

the Directive as are specified in the exemption concerned, in respect

such Irish passenger ships or high-speed passenger craft (other than those to which section 18

(3)

the Act

1955 applies) as he or she considers appropriate.

(2)The Minister may, subject to paragraph
(4)

Article 9

the Directive, attach such conditions to an exemption granted under this Regulation as he or she considers appropriate and the owner, operator and master

a passenger ship or high-speed craft shall comply with any such conditions.

(3)An exemption granted by the Minister under this Regulation in respect

an Irish passenger ship shall be specified in the passenger ship safety certificate issued in respect thereof.

(4)An exemption granted by the Minister under this Regulation in respect

an Irish high-speed passenger craft shall be specified in the High Speed Craft Safety Certificate or DSC Construction and Equipment Certificate, as the case may be, issued in respect thereof.

(5)An owner, operator or master who fails to comply with the conditions, if any, attached to an exemption granted under this Regulation each commits an

fence. Surveys — passenger ships 10.

(1)Each Irish passenger ship shall, in addition to being surveyed in accordance with section 6

the Act

1992, be surveyed— (

  1. a)before the passenger ship concerned is put into service, and (
  2. b)at such other intervals as may be determined by the Minister.

(2)If in respect

an Irish passenger ship there is a failure or refusal to comply with paragraph

(1), the owner, operator and master

the passenger ship concerned each commits an

fence.

(3)A survey to which this Regulation applies shall be carried out by a surveyor

ships or a recognised organisation.

(4)A survey under this Regulation shall be carried out in accordance with the relevant procedures and guidelines referred to in Article 12
(4)

the Directive. Surveys — high-speed passenger craft 11.

(1)If in respect

an Irish high-speed passenger craft there is a failure or refusal to comply with the provisions

the HSC Code or the DSC Code, as may be appropriate, relating to the carrying out

surveys on such craft, the owner, operator and master

the high-speed passenger craft concerned each commits an

fence.

(2)A survey to which this Regulation applies shall be carried out by a surveyor

ships or a recognised organisation. Certificates — passenger ships 12.

(1)On the receipt

a declaration

survey in relation to a survey carried out not more than 2 months before the date

such receipt, the Minister, if satisfied that a survey has been carried out in compliance with Regulation 10, will, subject to paragraph

(4), issue to the owner

the Irish passenger ship concerned a certificate in relation to the passenger ship (which is known as a passenger ship safety certificate and is referred to in this Regulation and Regulations 13, 14 and 15 as a “certificate”) stating such compliance and containing requirements, in accordance with the declarations in the declaration

survey delivered by the surveyor concerned, as to— (

  1. a)the limits (if any) beyond which the passenger ship shall not ply, (
  2. b)the maximum number

passengers that the passenger ship shall carry (specifying, if necessary, the numbers to be carried in different parts

the passenger ship) and any conditions and variations to which the number is subject.

(2)A certificate shall be subject to such conditions and restrictions (if any) as the Minister may impose, at the time

the grant

the certificate or subsequently, and any such conditions or restrictions shall be specified in the certificate by the Minister.

(3)A certificate shall, unless previously revoked or suspended, remain in force for one year or for such period, being less than one year, as may be specified in the certificate and shall then expire.
(4)A certificate shall be in the format as laid down in Annex II to the Directive.
(5)Notwithstanding anything contained in a declaration

survey, if the owner

the passenger ship concerned has been convicted

— (a) an

fence under paragraph

(6), or (b) any other

fence that, in the opinion

the Minister, is

such a nature that, in the interests

safety, the person should not be the holder

a certificate in relation to the passenger ship, the Minister may refuse to grant a certificate in relation to the passenger ship to the person.

(6)If in respect

an Irish passenger ship there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate relating to it, the owner, operator and master

the passenger ship concerned each commits an

fence. Revocation and suspension

certificate 13.

(1)If the Minister is satisfied that— (a) a declaration

survey on which a certificate was founded was in any material particular made erroneously, (b) information furnished to the Minister in relation to the issue

a certificate was false or misleading in a material particular, or (c) since the making

a declaration

survey, the hull, equipment or machinery

the passenger ship concerned has suffered any damage or the passenger ship has become unsuitable for the carriage

passengers specified in the certificate or for plying to the limits so specified, he or she may, if considered appropriate to do so, revoke the certificate.

(2)The Minister may, if considered appropriate to do so, revoke or suspend a certificate if there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate.
(3)Where the Minister revokes or suspends a certificate in respect

a particular passenger ship, and is

the opinion that it is in the interests

safety that the holder

the certificate should not be the holder

a certificate in relation to other passenger ships, then the Minister may revoke or suspend any other certificate held by the holder in relation to any other passenger ship.

(4)If a certificate is suspended, the Minister may, if thought fit, refuse to remove the suspension unless the passenger ship concerned has been surveyed and a declaration

survey in respect

it has been delivered to its owner since the suspension. Display

certificate 14.

(1)Whenever a certificate is in force in relation to an Irish passenger ship, the certificate or a copy

it, shall be displayed in the passenger ship concerned in a position in which it is visible to and legible by all persons on board.

(2)If, without reasonable cause, there is a contravention

paragraph

(1)in respect

a passenger ship, the owner, operator and master

the passenger ship concerned each commits an

fence. False declaration

survey or certificate 15.

(1)A person shall not knowingly and wilfully make or assist in making, or procure the making

, a false or fraudulent declaration

survey or certificate or a fraudulent alteration

a declaration

survey or certificate.

(2)A person who contravenes paragraph
(1)commits an

fence. Foreign passenger ships 16.

(1)A passenger ship entitled to fly the flag

a Member State (other than the State) or a third country must have on board a valid Passenger Ship Safety Certificate issued by the maritime administration

that Member State or third country, as the case may be, while the passenger ship concerned is in the internal waters

the State or the territorial seas.

(2)Whenever a Passenger Ship Safety Certificate referred to in paragraph
(1)is in force in relation to a passenger ship, it or a copy

it, shall be displayed in the passenger ship concerned in a position in which it is visible to and legible by all persons on board.

(3)The owner, operator and master

a passenger ship referred to in paragraph

(1)that does not have such a Passenger Ship Safety Certificate on board each commits an

fence.

(4)If, without reasonable cause, there is a contravention

paragraph

(2)in respect

a passenger ship, the owner, operator and master

the passenger ship concerned each commits an

fence. Certificates — high-speed passenger craft 17.

(1)Where, in relation to an Irish high-speed passenger craft, there is compliance with the requirements

the HSC Code, the Minister shall, in accordance with the provisions

that Code, issue to the owner

that craft— (

  1. a)a High Speed Craft Safety Certificate, and (
  2. b)a Permit to Operate High Speed Craft.

(2)The Minister may, having considered any representations made to him or her by the owner, operator and master withdraw a High Speed Craft Safety Certificate, or a Permit to Operate High Speed Craft, issued by him or her under paragraph
(1)where, in relation to the Irish high-speed passenger craft concerned, he or she is satisfied that there is a failure to comply with the applicable requirements

the HSC Code.

(3)Where, in relation to an Irish high-speed passenger craft, there is compliance with the requirements

the DSC Code, the Minister shall, in accordance with the provisions

that Code, issue to the owner

that craft— (

  1. a)a DSC Construction and Equipment Certificate, and (
  2. b)a DSC Permit to Operate High Speed Craft.

(4)The Minister may, having considered any representations made to him or her by the owner, operator and master withdraw a DSC Construction and Equipment Certificate, or a DSC Permit to Operate High Speed Craft, issued by him or her under paragraph
(1)where, in relation to the Irish high-speed passenger craft concerned, he or she is satisfied that there is a failure to comply with the requirements

the DSC Code.

(5)The owner, operator and master

an Irish high-speed passenger craft that does not have on board— (

  1. a)a valid— (
  2. i)High Speed Craft Safety Certificate, and (
  3. ii)Permit to Operate High Speed Craft, or (
  4. b)a valid— (
  5. i)DSC Construction and Equipment Certificate, and (
  6. ii)DSC Permit to Operate High Speed Craft, each commits an

fence.

(6)The owner, operator and master

a high-speed passenger craft that is entitled to fly the flag

a Member State (other than the State) or a third country that does not have on board— (

  1. a)a valid— (
  2. i)High Speed Craft Safety Certificate, and (
  3. ii)Permit to Operate High Speed Craft, or (
  4. b)a valid— (
  5. i)DSC Construction and Equipment Certificate, and (
  6. ii)DSC Permit to Operate High Speed Craft, issued by the maritime administration

that Member State or third country, as the case may be, while the high-speed passenger craft concerned is in the internal waters

the State or the territorial seas, each commits an

fence. Powers

surveyor

ships 18.

(1)A surveyor

ships may, on production

his or her warrant

appointment if so requested by a person affected, for the purposes

his or her functions under these Regulations stop, board, or stop and board a passenger ship or high-speed passenger craft (in this Regulation and Regulation 19 referred to as the “vessel”) to— (a) inspect and examine the vessel, (b) inspect and take copies

, or

extracts from, the vessel’s log (if any) and the vessel’s manifest (if any) and any other records pertaining to the vessel or its owner found on the vessel, or (c) request the master or any member

the crew

the vessel to furnish to the surveyor

ships such information and records in his or her possession or within his or her procurement, as the surveyor

ships may reasonably require.

(2)A person who— (a) prevents, obstructs, impedes or delays a surveyor

ships in the performance

his or her functions under these Regulations, (b) fails or refuses to comply with a request

a surveyor

ships under this Regulation, or (c) gives to a surveyor

ships any information which is false or misleading in any material respect, knowing it to be so false or misleading, commits an

fence.

(4)In this Regulation “record” includes any memorandum, book, report, statement, certificate, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether

sound or images or both), any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form,

any

, or any combination

, the foregoing. Power to detain certain vessels 19.

(1)A surveyor

ships may detain a vessel in a port in the State where he or she is

the opinion— (

  1. a)that there has been a failure to comply with Regulation 5, 6, 7, 9, 10, 11, 12, 16 or 17, (
  2. b)that the detention is necessary for the protection

the health and safety

the crew and passengers on board the vessel and

other seafarers and any other vessels, ships or other craft, and (c) that there is a need for a surveyor

ships to check onboard that the vessel has been brought into compliance with the Regulations specified in subparagraph (a) before the vessel proceeds to sea.

(2)Where a vessel has been detained under paragraph
(1), a surveyor

ships shall serve a notice (in this Regulation referred to as a “notice

detention”) on the owner, operator or master

the vessel concerned.

(3)A notice

detention shall— (

  1. a)state the grounds upon which the vessel is being detained, (
  2. b)identify the provision

these Regulations that has not been or is not being complied with by the person, (c) specify the remedial action to be taken before the notice

detention will be withdrawn, (d) inform the person

the requirement to confirm compliance with the notice

detention in accordance with paragraph

(4), (e) inform the person

the right to appeal the notice

detention under Regulation 21, (f) state that if the person on whom the notice

detention is served fails to comply with the notice then the person commits an

fence, and (g) be signed and dated by a surveyor

ships.

(4)A person on whom a notice

detention has been served who is

the opinion that the notice

detention has been complied with shall confirm such compliance in writing to a surveyor

ships.

(5)Where a person confirms compliance under paragraph
(4), the relevant surveyor

ships shall, on being satisfied that the person has so complied, withdraw the notice

detention.

(6)Notwithstanding paragraph
(5), the relevant surveyor

ships may, by notice in writing to the person on whom a notice

detention was served under paragraph

(2), withdraw the notice where he or she considers it appropriate to do so.
(7)A person on whom a notice

detention has been served may under Regulation 21 appeal the notice.

(8)A person who fails to comply with a notice

detention commits an

fence. Directions 20.

(1)Where a surveyor

ships considers that an owner, operator or master is failing to comply with these Regulations, he or she may serve a direction on that person.

(2)A person on whom a direction is served under paragraph
(1)may, within 14 days

the service

the direction, make representations in writing to a surveyor

ships in relation to the direction.

(3)Any representations made under paragraph
(2)shall be considered by the surveyor

ships in deciding to confirm, modify or withdraw the direction.

(4)A direction under paragraph
(1)shall— (
  1. a)state the grounds upon which the direction is made, (
  2. b)identify the provision

these Regulations that has not been or is not being complied with, (

  1. c)specify the action to be taken by the person on whom the direction is served and, where appropriate, the period within which that action shall be taken, (
  2. d)inform the person

the requirement to confirm compliance with the direction in accordance with paragraph

(6), (e) inform the person

the right to appeal the direction under Regulation 21, and (f) be signed and dated by a surveyor

ships.

(5)A direction shall be complied with within such period as may be specified in the direction.
(6)A person on whom a direction has been served who is

the opinion that the direction has been complied with shall confirm such compliance in writing to the surveyor

ships, as soon as practicable after so complying.

(7)Where a person confirms compliance under paragraph
(6), the relevant surveyor

ships shall, on being satisfied that the person has so complied, give notice to the person confirming such compliance.

(8)Notwithstanding paragraph
(7), the relevant surveyor

ships may, by notice in writing to the person on whom a direction was served under paragraph

(1), withdraw the direction where he or she considers it appropriate to do so.
(9)A person on whom a direction is served may under Regulation 21 appeal the direction.
(10)Where a surveyor

ships considers that a direction that has been served on a person under paragraph

(1)is not being complied with, he or she may, subject to Regulation 21
(7), make an application to the Circuit Court in whose Circuit the port in which the passenger ship or high-speed passenger craft concerned is or was berthed at the time

making the application to ensure compliance with the direction and the Court may make such order as it considers appropriate regarding the direction, including its confirmation, variation or revocation. Appeals 21.

(1)A person may appeal against a notice

detention or a direction within 14 days

its service to the District Court.

(2)An appeal under paragraph
(1)shall be made to a judge

the District Court in whose district the notice

detention or the direction was served.

(3)A notice

an appeal shall contain a statement

the grounds on which the appeal is made and be made by written notice, which shall be lodged with the appropriate

fice

the Court by the appellant not later than 14 days from the date upon which— (a) the notice

detention was served under Regulation 19

(2), or (b) the direction was served under Regulation 20
(1)or confirmed or modified under Regulation 20
(3).
(4)A copy

the notice by which a person makes an appeal under this Regulation shall be given by him or her to the relevant surveyor

ships, not less than 48 hours before the hearing

the appeal and the surveyor

ships shall be entitled to appear, be heard and adduce evidence on the hearing

the appeal and at the hearing

any application referred to in paragraph

(5).
(5)The bringing

an appeal shall not have the effect

suspending the operation

the notice

detention or the direction as the case may be, but the Court may, on application to it by the appellant, suspend its operation until the appeal is determined or withdrawn.

(6)On the hearing

an appeal the Court may make such order as it considers appropriate regarding the notice

detention or direction, as the case may be, including its confirmation, variation or revocation.

(7)An application under Regulation 20
(10)shall not be made until the expiration

the period referred to in paragraph

(1)or in the event

an appeal under that paragraph the determination or withdrawal

the appeal. Service

directions, etc. 22.

(1)A direction, notice or other document that is required to be served on or given to a person by these Regulations shall be addressed to the person concerned by name, and may be so served on or given to the person in one

the following ways: (

  1. a)by delivering it to the person; (
  2. b)by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (
  3. c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; or (
  4. d)by electronic means, in a case in which the person has given notice in writing to the person serving or giving the direction, notice or document concerned

his or her consent to the direction, notice or document (or documents

a class to which the direction, notice or document belongs) being served on, or given to him or her in that manner.

(2)For the purpose

this Regulation, a company formed and registered under the Companies Act 2014 (No. 38

2014) or an existing company within the meaning

that Act shall be deemed to be ordinarily resident at its registered

fice, and every other person shall be deemed to be ordinarily resident at its principal

fice or place

business.

(3)Where an opinion, finding, statement or decision

a surveyor

ships is contained in a document which— (a) purports to have been made by or at the direction

the surveyor

ships, and (b) is produced in evidence by a surveyor

ships in any proceeding, such document shall be admissible in evidence and shall be evidence

any such opinion, finding, statement or decision in such proceedings without further proof. Penalties and prosecution 23.

(1)A person who commits an

fence under Regulation 14, 16

(4)or 18 is liable on summary conviction to a class A fine.
(2)A person who commits an

fence under Regulation 5, 6, 7 or 9 is liable— (

  1. a)on summary conviction to a class A fine, or (
  2. b)on conviction on indictment to a fine not exceeding €250,000.

(3)A person who commits an

fence under Regulation 10, 11, 12, 13, 15, 16

(3), 17 or 19 is liable— (
  1. a)on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both, or (
  2. b)on conviction on indictment to a fine not exceeding €250,000 or imprisonment for a term not exceeding 2 years or both.
(4)An

fence under these Regulations may be brought and prosecuted summarily by the Minister.

fences by body corporate 24.

(1)Where an

fence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance

, or to be attributable to any neglect on the part

, any person, being a director, manager, secretary or other

ficer

the body corporate, or a person who was purporting to act in any such capacity, that person shall be guilty

an

fence and shall be liable to be proceeded against and punished as if he or she were guilty

the first-mentioned

fence.

(2)Where the affairs

a body corporate are managed by its members, paragraph

(1)applies in relation to acts and defaults

a member in connection with his or her functions

management as if he or she were a director or manager

the body corporate. Revocation 25. The European Communities (Passenger Ships) Regulations 2011 ( S.I. No. 322

2011 ) are revoked. Saver 26. Notwithstanding Regulation 25, a certificate issued under the Regulations revoked by that Regulation in respect

a passenger ship or high-speed passenger craft to which these Regulations apply that is in force immediately before the coming into force

these Regulations continues to have effect as if the certificate concerned was issued under these Regulations. SCHEDULE 1 PART 1 Regulation 3

(3)FIRE APPLIANCES RULES Merchant Shipping (Fire Appliances) (Post-1980 Ships) Rules 1983 ( S.I. No. 303

1983 ) Merchant Shipping (Fire Appliances) (Amendment) Rules 1983 ( S.I. No. 304

1983 ) Merchant Shipping (Fire Appliances — Application to Other Ships) Rules 1983 ( S.I. No. 305

1983 ) Merchant Shipping (Fire Appliances) (Amendment) Rules 1985 ( S.I. No. 277

1985 ) Merchant Shipping (Fire Appliances) (Post-1980 Ships) (Amendment) Rules 1985 ( S.I. No. 278

1985 ) FIRE PROTECTION RULES Merchant Shipping (Fire Protection) Rules 1985 ( S.I. No. 279

1985 ) Merchant Shipping (Fire Protection) (Amendment) Rules 1990 ( S.I. No. 86

1990 ) LIFE-SAVING APPLIANCES Merchant Shipping (Life-Saving Appliances) (Amendment) Rules 1978 ( S.I. No. 216

1978 ) Merchant Shipping (Life-Saving Appliances) Rules 1983 ( S.I. No. 302

1983 ) Merchant Shipping (Life-Saving Appliances) Rules 1993 ( S.I. No. 380

1993 ) Merchant Shipping (Life-Saving Appliances) Rules 1983 (Amendment) (No. 2) Rules 1993 ( S.I. No. 382

1993 ) Merchant Shipping (Life-Saving Appliances) Rules 2018 ( S.I. No. 438

2018 ) PASSENGER SHIP CONSTRUCTION Merchant Shipping (Passenger Ship Construction) Rules 1983 ( S.I. No. 300

1983 ) Merchant Shipping (Passenger Ship Construction and Survey) Rules 1985 ( S.I. No. 274

1985 ) Merchant Shipping (Passenger Ship Construction and Survey) (Amendment) Rules 1994 ( S.I. No. 12

1994 ) Merchant Shipping (Passenger Ship Construction and Survey) (Amendment No. 2) Rules 1994 ( S.I. No. 131

1994 ) PART 2 LIFE-SAVING APPLIANCES Merchant Shipping (Life-Saving Appliances) (Amendment) Rules 1978 ( S.I. No. 216

1978 ) Merchant Shipping (Life-Saving Appliances) Rules 1983 ( S.I. No. 302

1983 ) Merchant Shipping (Life-Saving Appliances) Rules 1993 ( S.I. No. 380

1993 ) Merchant Shipping (Life-Saving Appliances) Rules 1983 (Amendment) (No. 2) Rules 1993 ( S.I. No. 382

1993 ) Merchant Shipping (Life-Saving Appliances) Rules 2018 ( S.I. No. 438

2018 ) SCHEDULE 2 Regulation 4

(4)SEA AREAS East Coast

Ireland Carlingford Lough to Tuskar Rock Lighthouse Location Sea Area EU Sea Area EU Region Area D Area C Summer All Year Summer All Year Carlingford Lough Entrance to Dunany Point ✓ X ✓ X Carlingford Lough Clogher Head to Cardy Rocks ✓ X ✓ X Louth Coast Rush to Baily Lighthouse ✓ X ✓ X Dublin Coast Baily Lighthouse to Dalkey Island ✓ X ✓ X Dublin Bay Dalkey Island to Wicklow Head (Lighthouse) ✓ X ✓ X Dublin to Wicklow Wicklow Head to Cahore Point ✓ X ✓ X Wicklow/Wexford Raven Point to Rosslare Harbour ✓ X ✓ X Wexford South Coast

Ireland Tuskar Rock Lighthouse to Mizen Head Lighthouse Location Sea Area EU Sea Area EU Region Area D Area C Summer All Year Summer All Year Carnsore Point to Hook Head X X ✓ X South Wexford Coast Hook Head to Brownstown Head X X ✓ X Approaches to Waterford Helvick Head to Ballyvoyle Head ✓ X ✓ X Approaches to Dungarvan Ram Head to Knockadoon Head ✓ X ✓ X Approaches to Youghal Knockadoon Head to Ballycotton Island X X ✓ X Approaches to Ballycotton Power Head to Roberts Head X X ✓ X Approaches to Cork Frower Point to Old Head

Kinsale X X ✓ X Approaches to Kinsale Old Head

Kinsale to Galley Head X X ✓ X Courtmacsherry to Clonakilty Galley Head to Toe Head X X ✓ X Rosscarberry to Castle Haven Toe Head to Cape Clear South Harbour ✓ X ✓ X Approaches to Baltimore and Cape Clear Island Cape Clear North Harbour to Streek Head ✓ X ✓ X Long Island Bay Southwest Coast

Ireland Mizen Head Lighthouse to Loop Head Lighthouse Location Sea Area EU Sea Area EU Region Area D Area C Summer All Year Summer All Year Rough Point to Crow Rock X X ✓ X Tralee Bay Kilcredaun Head to Beal Point X X ✓ X Shannon Estuary Beal Point to Kilrush ✓ X ✓ ✓ Shannon Estuary Dunmanus Bay East

Longitude 9o40.4’W. ✓ ✓ ✓ ✓ Dunmanus Bay Sheep’s Head to Three Castle Head X X ✓ X Dunmanus Bay Sheep’s Head to Blackball Head X X ✓ X Bantry Bay Bantry Bay, East

Longitude 9o32.4’W. ✓ X ✓ X Bantry Bay Lamb’s Head to Cod’s Head X X ✓ X Kenmare River East

Longitude 9o54.7’W. ✓ ✓ ✓ ✓ Kenmare River Ballinskelligs Bay Hogs Head to Horse Island X X ✓ X Ballinskelligs Bay Parkmore Point to Keownglas Head ✓ X ✓ X Dingle Bay East Sister to Duncapple Islets ✓ X ✓ X Smerwick Harbour Brandon Point to Inishtooskert Island X X ✓ X Brandon Bay West Coast

Ireland Loop Head Lighthouse to Eagle Island Lighthouse Location Sea Area EU Sea Area EU Region Area D Area C Summer All Year Summer All Year Inside

a line joining Errislannan Point to Inishshark Island to Bofin Harbour to Inishturk Island to Rinvyle Point X X ✓ X Cleggan to Inishshark Island to Inishbofin Island to Inishturk Island Ballaghaline Point to Trawkeera Point X X ✓ X Doolin to Aran Islands Pipe Rock to Clogharone X X ✓ X Inisheer to Inishmaan Aillinera to Illaunanaur X X ✓ X Inishmaan to Inishmore Curranghduff to Golam Head X X ✓ X Inishmore to Mainland Black Head to Ballywilliam Point ✓ X ✓ X Midway Galway Bay Finavarra Point to Mutton Island ✓ ✓ ✓ ✓ Upper end Galway Bay Inside

a line joining Ardmore Point to Illaunmaan to North Point

Inishbarra Island ✓ ✓ ✓ ✓ Kilkieran Bay Inner Inside

a line joining Baun Rock to Inishlackan to Treh Point ✓ X ✓ X Roundstone Bay Baun Rock to Inishlackan to Treh Point X X ✓ X Roundstone Clifden Bay. East

Longitude 10o05’W. ✓ X ✓ ✓ Clifden Northwest Coast

Ireland Eagle Island Lighthouse to Lough Foyle Location Sea Area EU Sea Area EU Region Area D Area C Summer All Year Summer All Year Erris Head to Kid Island X X ✓ X

f Broadhaven Bay Kilcummin Head to Lenadoon Point X X ✓ X Killala Bay Lenadoon Point to Ballyconnell Point X X ✓ X Sligo Bay Ballyconnell Point to Carrigan Head X X ✓ X Donegal Bay St. John’s Point to Drumanoo ✓ X ✓ X Killybegs Inside Aran Island ✓ X ✓ X Burtonport South

a line joining Horn Head to Rinnafaghla Point X X ✓ X Sheephaven Bay South

a line joining Binrobin to Rinnaskeagh ✓ ✓ ✓ ✓ Sheephaven Bay South

a line joining Greencastle Pier to Magilligan Point ✓ ✓ ✓ ✓ Lough Foyle Inishowen Head to Ballyaghran Point X X ✓ X Lough Foyle Area B is any area within the sea areas

the State whose geographical coordinates are at no point more than 20 miles from the line

coast but which is outside Areas C and D. Area A is any area within the sea areas

the State outside

Areas B, C and D. GIVEN under my

ficial Seal, 19 December, 2019. SHANE ROSS, Minister for Transport, Tourism and Sport. EXPLANATORY NOTE (This note is not part

the Instrument and does not purport to be a legal interpretation.) These Regulations give effect to Directive (EU) 2017/2108

the European Parliament and

the Council

15 November 2017, which amends Directive 2009/45/EC

the European Parliament and

the Council

6 May 2009 on safety rules and standards for passenger ships. The purpose

the Directive (EU) 2017/2108 is to maintain a high level

safety for passenger ships and high-speed passenger craft operating in EU waters by updating Directive 2009/45/EC to reflect developments at EU and international level. These Regulations revoke the European Communities (Passenger Ships) Regulations 2011 ( S.I. No. 322

2011 ). 1 OJ L 163, 25.6.2009, p. 1–140 2 OJ L 315, 30.11.2017, p. 40–51 1 OJ L 163, 25.6.2009, p. 1–140 3 OJ L 162, 29.6.2010, p. 1–135 4 OJ L 162, 29.6.2010, p. 1–135 2 OJ L 315, 30.11.2017, p. 40–51 3 OJ L 162, 29.6.2010, p. 1–135 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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