The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999

UK Statutory Instrument 1999 No. 2998 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 28 October 1999
In force from: 1 December 1999
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: European Communities Act 1972, Merchant Shipping Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations give effect in part to Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJ L34, 9.2.98, p.1) as amended by Commisson Directive 1999/19/EC (OJ L83, 27.3.99, p.48) which is not relevant to these Regulations (“the Council Directive”). The Council Directive essentially provides for compliance with the Torremolinos Protocol (Cmnd. 3339) relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977 (Cmnd. 7252) (“the Torremolinos Protocol”). In particular, regulation 6 (general compliance with the Torremolinos Protocol) gives effect to Article 3 of the Council Directive; regulation 7 (standards for design, construction and maintenance) gives effect to Article 5; regulations 9 and 10 (surveys and issue of certificates) give effect to Article 6; and regulation 17 (control provisions) gives effect to Article 7. The Regulations primarily affect new (post 1st January 1999) fishing vessels. In relation to new United Kingdom fishing vessels of 24 metres or more in length: the Fishing Vessels (Safety Provisions) Rules 1975 (S.I. 1975/330), as amended (“the 1975 Rules”) cease to apply, except for certain Rules which implement requirements in other EC Directives, and provisions for survey of radio equipment (Schedule 1, paragraphs 1 and 2 and Schedule 2); such vessels are instead required to comply with Chapters II to VIII and X of the Torremolinos Protocol as modified in Schedule 3 to the Regulations (regulation 6); new survey and certification requirements are imposed (regulations 10 to 13); and references in other enactments to fishing vessel certificates (other than under Chapter II of Part V of the Merchant Shipping Act 1995) include references to certificates under these Regulations (regulation 19). For existing UK fishing vessels of 24 metres or more in length the 1975 Rules in general continue to apply except for matters covered by the Torremolinos Protocol. A certificate of compliance, record of equipment and exemption certificate (if appropriate) in a form set out in Annex V to the Council Directive will be issued in addition to any certificates required under the 1975 Rules. From 1st January 2000 certificates are to be issued in accordance with paragraph 7 of Schedule 1 to these Regulations which adds Rule 126B to the 1975 Rules. Non-United Kingdom fishing vessels are now subject to control in certain circumstances (regulations 17 and 18(2)). A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 01703 329130). Merchant Shipping Notices are obtainable from EROS Marketing Support Services, Delta House, the Imber Court Business Park, Orchard Lane, East Molesey, Surrey KT8 0BN (telephone number 0181 957 5028). Copies of the Torremolinos Protocol can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.

Offences created by this instrument

Penalties regulation 14(1) · Status not determined · Strict liability
Penalties regulation 14(2) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Fishing Safety Commons · Westminster Hall · 16 November 2000 · Mr. Hill
I fully accept that point, and reiterate my undertaking that that information and final report will be available early next year. We recognise the urgency of the matter, but we must obviously draft as comprehensive, detailed and proper a report as possible. The hon. Gentleman asked about the working time directive in connection with fisherman fatigue. The Government are committed to extending the protection of the working time directive to workers in the sea fishing industry. However, we recognise that a balance must be struck between a fisherman's need to earn a living and the requirements…

How Parliament handled it

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