Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999
| Jurisdiction | UK Non-devolved |
1999 No. 2998
MERCHANT SHIPPING
SAFETY
The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999
Made 28th October 1999
Laid before Parliament 8th November 1999
Coming into force 1st December 1999
Whereas the Secretary of State is a Minister designated1for the purpose of section 2(2) of the European Communities Act 19722in relation to measures relating to the safety of ships, and the health and safety of persons on them:
And whereas, in so far as the following Regulations are made in exercise of the powers conferred by section 85 of the Merchant Shipping Act 19953, the Secretary of State has consulted the persons referred to in section 86(4) of that Act:
Now, therefore, the Secretary of State, in exercise of the powers conferred by the said section 2(2) of the European Communities Act 1972, and by sections 85(1)(a) and (b), (3), (5) to (7) and 86(1) of the Merchant Shipping Act 1995 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART 1
INTRODUCTORY
Citation and commencement
1. These Regulations may be cited as the Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999 and shall come into force on 1st December 1999.
Interpretation
2. In these Regulations—
“1975 Rules” means the Fishing Vessels (Safety Provisions) Rules 19754;
“1988 Regulations” means the Fishing Vessels (Life Saving Appliances) Regulations 19885;
“British sea-fishery officer” means the persons referred to in section 7 of the Sea Fisheries Act 19686;
“Council Directive” means Council Directive 97/70/EC7setting up a harmonised safety regime for fishing vessels of 24 metres in length and over;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19928as adjusted by the Protocol signed at Brussels on 17th March 19939;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“exclusive economic zone” means the area beyond and adjacent to the territorial sea not extending beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured;
“existing fishing vessel” means a fishing vessel which is not a new fishing vessel;
“flag State” means the State whose flag the ship flies;
“heavy drift ice” means drift ice covering 80% or more of the sea surface;
“inspector” means any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under these Regulations;
“length” means, unless provided otherwise, 96% of the total length on a waterline at 85% of the least moulded depth measured from the keel line, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“Merchant Shipping Notice” means a Notice described as such and issued by the MCA;
“new fishing vessel” means a fishing vessel for which:
(a) on or after 1st January 1999 the building or major conversion contract is placed;
(b) the building or major conversion contract has been placed before 1st January 1999, and which is delivered three years or more after that date; or
(c) in the absence of a building contract, on or after 1st January 1999:
the keel is laid,
construction identifiable with a specific ship begins, or
assembly has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less;
“Northern Region” means the waters north of the boundary defined by the parallel of latitude 62°N from the west coast of Norway to latitude 4°W, thence the meridian of longitude 4°W to latitude 60°30'N, thence the parallel of latitude 60°30'N to longitude 5°W, thence the meridian of longitude 5°W to latitude 60°N, thence the parallel of latitude 60°N to longitude 15°W, thence the meridian of longitude 15°W to latitude 62°N, thence the parallel of latitude 62°N to longitude 27°W, thence the meridian of longitude 27°W to latitude 59°N and thence the parallel of latitude 59°N to the west, excluding the Baltic Sea;
“operating” means catching or catching and processing fish or other living resources of the sea without prejudice to the right of innocent passage in the territorial sea and the freedom of navigation in the exclusive economic zone;
“Southern Region” means the Mediterranean Sea and the coastal areas, within 20 miles from the coast of Spain and Portugal, of the summer zone of the Atlantic Ocean, as defined on the “Chart of zones and seasonal areas” in Annex II to the 1966 International Convention on Load Lines, as amended10;
“third party fishing vessel” means a fishing vessel flying the flag of a State which is not an EEA State;
“Torremolinos Protocol” means the Torremolinos Protocol11relating to the Torremolinos International Convention for the Safety of Fishing Vessels 197712, together with the amendments thereto;
“United Kingdom fishing vessel” means a fishing vessel registered in the United Kingdom, and “new United Kingdom fishing vessel” means such a vessel which is a new fishing vessel.
Amendment of Regulations
3.—(1) The Fishing Vessels (Safety Provisions ) Rules 1975 shall be amended in accordance with Schedule 1 to these Regulations.
(2) The Fishing Vessels (Life Saving Appliances) Regulations 1988 shall be amended in accordance with Schedule 2 to these Regulations.
Purpose
4. The purpose of these Regulations is to implement the Council Directive.
Application
5.—(1) Subject to paragraph (2) below, these Regulations apply to fishing vessels of 24 metres or more in length.
(a)
(a) (2) Parts II and V apply only to United Kingdom fishing vessels.
(b) Part III applies only to fishing vessels which are not United Kingdom fishing vessels.
PART II
UNITED KINGDOM FISHING VESSELS OF 24 METRES OR MORE IN LENGTH
General compliance with Torremolinos Protocol
6. New and existing United Kingdom fishing vessels shall comply with the requirements of Chapters II to VIII and X of the Annex to the Torremolinos Protocol, subject to the modifications set out in Schedule 3 hereto, appropriate to new and existing fishing vessels respectively.
Standards for design, construction and maintenance
7. In complying with the requirements of these Regulations, as respects construction or maintenance relating to hull, machinery, electrical installations and control installations, United Kingdom fishing vessels shall comply with the approved standards listed in Merchant Shipping NoticeNo. M. 1672 relevant to those requirements.
Repairs, alterations and modifications
8.—(1) Subject to paragraph (2), an existing fishing vessel which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with the requirements in the 1975 Rules and the 1988 Regulations previously applicable to such a vessel.
(2) Repairs, alterations and modifications of a major character and outfitting related thereto shall meet the requirements in these Regulations for a new vessel only to the extent of such repairs, alterations and modifications and in so far as those requirements are, in the opinion of the Secretary of State, reasonable and practicable.
Surveys
9.—(1) Every fishing vessel shall be subject to survey in accordance with Regulation 6 of Chapter I of the Annex to the Torremolinos Protocol.
(2) All such surveys shall be carried out by the MCA or any person who may be appointed by the Secretary of State to carry out such surveys, or any part thereof, on his behalf.
Issue of certificates
10.—(1) If the Secretary of State is satisfied that a fishing vessel complies with regulations 6 and 7 he shall issue a certificate of compliance with the terms of these Regulations, supplemented by a record of equipment and, where appropriate, exemption certificates. The certificate of compliance, record of equipment and exemption certificate shall be in the form set out in Annex V to the Council Directive.
(2) The periods of validity of the certificates referred to in paragraph (1) shall not exceed those established in Regulation 11 of Chapter I of the Annex to the Torremolinos Protocol. Renewal of the certificate of compliance shall be issued after periodical surveys, in accordance with Regulation 6 of Chapter I of the Annex to the Torremolinos Protocol, have been carried out.
Cancellation of certificates etc.
11.—(1) The Secretary of State may cancel a certificate issued to a United Kingdom fishing vessel where he has reason to believe the certificate was issued on false or erroneous information.
(2) The Secretary of State may require that a certificate issued to a United Kingdom fishing vessel which has expired, ceased to be valid pursuant to Regulation II(3) (a) or (b) of the Torremolinos Protocol or has been cancelled, be surrendered as directed.
(3) No person shall:
(a)
(a) intentionally alter a certificate referred to in these Regulations;
(b)
(b) intentionally make a false certificate referred to in these Regulations;
(c)
(c) in connection with any survey required by these Regulations, knowingly or recklessly furnish false information;
(d)
(d) with intent to deceive, use, lend, or allow to be used by another, a certificate referred to in these Regulations;
(e)
(e) fail to surrender a certificate required to be surrendered under paragraph (2) above; or
(f)
(f) in Scotland, forge any certificate referred to in...
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