S.I. No. 347/2003 - European Communities (Safe Loading and Unloading of Bulk Carriers) Regulations 2003

1. harmonised suitability requirements for those ships and terminals; and

2. harmonised procedures for cooperation and communication between ships and terminals.

1

O.J. No. L013, 16/01/2002 p0009-0020

2

O.J. No. L324, 29/11/2002 p0053-0058

3

O.J. No. L319 pp0020-0027

3. ensure the bulk carrier is kept upright or, if a list is required for operational reasons that it shall be kept as small as possible,

4. ensure that unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the bulk carrier,

5. in the case of high density cargoes, or when the individual grab loads are large, alert the master that there may be high, localised impact loads on the bulk carrier's structure until the tank top is completely covered by cargo, especially when high free-fall drops are permitted and that special care should be taken at the start of the loading operation in each cargo holds,

6. ensure that there is agreement between the master and the terminal representative concerned at all stages and in relation to all aspects of the loading or unloading operations and that the master is advised on any change to the agreed loading rate, and at the completion of each pour of the weight loaded,

7. maintain a record of the weight and disposition of the cargo loaded or unloaded and ensure that the weights in the holds do not deviate from the agreed loading or unloading plan,

8. ensure that the cargo is trimmed, when loading or unloading, to the master's requirements,

9. ensure that the quantities of cargo required to achieve the departure draft and trim shall allow for all cargo on the terminal's conveyor systems to be run off and emptied on completion of a loading, for that purpose the terminal representative shall advise the master of the nominal tonnage contained on the terminal's conveyor system and any requirements for clearing the conveyor system on completion of the loading,

10. in the case of unloading, give the master the maximum warning when it is intended to increase, or to reduce, the number of unloading heads used and advise the master when unloading is considered to be completed from each hold,

and

11. ensure that no hot work is carried out on board or in the vicinity of the bulk carrier while it is alongside the berth, except with the permission of the master and in accordance with any requirements of the Directorate.

GIVEN under my Official Seal,

22 July 2003.

Dermot Ahern

Minister for Communications, Marine and Natural Resources

EXPLANATORY NOTE

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

These Regulations give effect to Council Directive 2001/96/EC of the European Parliament and of the Council of 4

th

December 2001, as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002.

The main purpose of the Regulations is to enhance the safety of bulk carriers calling at terminals in the Member States in order to load and unload solid bulk cargoes, by reducing the risks of excessive stresses and physical damage to the ship's structure during loading or unloading, through the establishment of

12. the terminal representative concerned is warned immediately if the loading or unloading process has caused damage, has created a hazardous situation, or is likely to do so,

13. the terminal representative concerned is advised when final trimming of the bulk carrier has to commence in order to allow for the conveyor system to run-off,

14. the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the bulk carrier's structure,

and

15. when ballasting one or more holds, account is taken of the possibility of the discharge of flammable vapours from the holds and precautions are taken before any hot work is permitted adjacent to or above these holds.

SCHEDULE 5

INFORMATION TO BE PROVIDED BY THE TERMINAL TO THE MASTER

Regulation 9

(1)

16. (1) The Minister may appoint persons to be authorised officers for the purposes of these Regulations and the Directive.

(2) (a) An authorised officer shall be furnished with a warrant of the officer's appointment ,

(b) If requested by any person affected, when exercising any power conferred on an authorised officer by these Regulations, an authorised officer shall produce the warrant to the person.

(3) An appointment of an authorised officer shall cease where the Minister revokes the appointment or, where it is for a fixed period, upon the expiry of that period.

(4) For the purposes of these Regulations and the Directive, an authorised officer may -

(a) at all reasonable times board any bulk carrier or enter any premises or place at a terminal, for the purposes of carrying out a check or inspection under these Regulations,

(b) search and inspect the bulk carrier, premises or place at a terminal and any documents or records found on board the bulk carrier or at the place or in the premises,

(c) require any person on board the bulk carrier, or at any premises or place at the terminal, to produce to the authorised officer any report document or record (including, in the case of information in a non-legible form, a copy of the information or of extracts from it in permanent legible form) kept or used for a purpose connected with a bulk carrier or terminal,

(d) inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any report document or record (including, in the case of information in a non-legible form, a copy of the information or of extracts from it in permanent legible form) kept or used in connection with a bulk carrier or terminal and require the person by whom such document or record is kept or who produced the document or record to certify a copy thereof as a true copy,

(e) inspect and copy or extract information from any data (within the meaning of the

Data Protection Act 1988

), found or produced to the officer under this Regulation,

(f) seek information required for the purposes of his or her functions from a person being the master, an officer of the company that operates the bulk carrier, any shipper of cargo to be loaded or unloaded at the terminal, the terminal representative, the terminal operator or any employees, or agents of the person,

(g) undertake, or arrange for the undertaking, of the examination, testing processing or dismantling of any equipment on board the bulk carrier or at the terminal, as may be necessary.

(5) For the purpose of his or her functions under

paragraph (3)

, an authorised officer may detain any bulk carrier for such time as is reasonably required for that purpose.

(6) Where the Directorate is satisfied that an authorised officer has, in good faith duly exercised a power conferred on him or her by or under these Regulations, the Directorate shall indemnify the officer against all actions or claims however arising in respect of the exercise by the officer of that power.

(7) Where he or she considers it necessary, an authorised officer appointed under these Regulations, may be accompanied by a member of the Garda Síochana when exercising any powers conferred on an authorised officer by these Regulations.

(8) A person who obstructs or interferes with an authorised officer when the officer is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an authorised officer under this Regulation is guilty of an offence.

(9) A person who wilfully gives to an authorised officer information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to its truth or otherwise, is guilty of an offence.

(10) A person guilty of an offence under

paragraph (7)

or

(8)

shall be liable on summary conviction to a fine not exceeding €3000.

Prosecution of offences

17. An offence under these Regulations may be prosecuted by the Minister.

Offence by body corporate

18. Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body or a person who was purporting to act in any such capacity, such person is also guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Schedule 1

REQUIREMENTS IN RELATION TO THE OPERATIONAL SUITABILITY OF BULK CARRIERS FOR LOADING AND UNLOADING SOLID BULK CARGOES

Regulation 5

Bulk carriers calling in a terminal for the loading or unloading of solid bulk cargoes shall comply with the following

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 purpose of giving effect to Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001

1

, as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002

2

hereby make the following regulations

Citation