S.I. No. 126/2004 - European Communities (Merchant Shipping) (Training and Certification) (Amendment) Regulations 2004

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), and for the purposes of giving effect to Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001¹ (as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution on ships² ) on the minimum level of training for seafarers hereby make the following regulations:

Citation

1.  These Regulations may be cited as the European Communities Merchant Shipping (Training and Cetification) (Amendment) Regulations 2004.

Interpretation

2.  (1)  In these Regulations the “Principal Regulations” means the Merchant Shipping (Training and Certification) Regulations, 1998 ( S.I. No. 553 of 1998 ).

(2)  A reference in these Regulations to—

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

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

Amendment of the Principal Regulations

3.  The Principal Regulations are amended as follows:

(1)  In Regulation 2(1),

(a)  by substituting the following for the definition of “chemical tanker”:

“ ‘chemical tanker’ means a ship constructed or adapted and used for the carriage in bulk of any Liquid product listed in chapter 17 of the IBC Code, in its up-to-date versions;”

(b)  by substituting the following for the definition of “IBC Code”:

“ ‘IBC Code’ means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organisation as amended and updated from time to time;”

(c)  by substituting the following for the definition of

“ ‘IGC Code’ means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organisation, as amended and updated from time to time;”

(d)  by substituting the following for the definition of “liquefied-gas tanker”

“ ‘liquefied gas tanker’ means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the IGC Code, in its up-to-date version;”

(e)  by substituting the following for the definition of “ro-ro passenger ship”

“ ‘ro-ro passenger ship’ means a passenger ship with ro-ro cargo spaces or special category spaces as defined in the Solas Convention, in its up-to-date version;”

(f)  by substituting the following for the definition of “STCW Code”

“ ‘STCW Code’ means the Seafarers’ Training, Certification and Watchkeeping Code adopted by resolution 2 of the Conference (convened in London by the International Maritime Organisation) of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, on the 7th day of July, 1995, in its up-to-date version;”

(g)  by substituting the following for the definition of “STCW Convention”:

“ ‘STCW Convention’ means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers as it applies to the matters concerned taking into account the Transitional provisions of Article VII and Regulation I/15 of the said Convention and including, where appropriate, the applicable provisions of the STCW code, all being applied in its up-to-date version;”

(2)  In Regulation 3, by the insertion after sub-paragraph (b)  of the following:

“(c) wooden ships of primitive build.”

Merchant Shipping (Radio) Rules 1992

4.  The Merchant Shipping (Radio) Rules 1992 ( S.I. No. 224 of 1992 ) (as amended by the Merchant Shipping (Radio) (Amendment) Rules 1998 ( S.I. No. 554 of 1998 )) are amended as follows:

(1)  in Regulation 2(1),

(a)  by inserting the following after the definition of “polar orbiting satellite service”

“ ‘radio duties’ means, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the Solas Convention and the relevant recommendations of the IMO, in their up-to-date versions;”

(b)  by substituting the following for the definition of “Radio Regulations”

“ ‘Radio Regulations’ means the revised radio regulations, adopted by the World Administrative Radio Conference for the Mobile Service in their up-to-date version;”

EXPLANATORY NOTE.

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

These Regulations further amend the Merchant Shipping (Training and Certification) Regulations 1998 ( S.I. No. 553 of 1998 ) by amending certain definitions to take account of the up-to-date versions of certain codes and conventions governing the training and certification of seafarers.

¹O.J. No. L 136 18.05.2001, pp 17-41

²O.J. No. L 324 29.11.2000, pp 53-58