S.I. No. 72/2003 - European Communities (Safety of Fishing Vessels) (Amendment) Regulations 2003

1. These Regulations may be cited as the European Communities (Safety of Fishing Vessels) (Amendment) Regulations 2003.

2. The European Communities (Safety of Fishing Vessels) Regulations 2002 are amended

(1) in Regulation 3—

(a) (i) by substituting for subparagraph (ii) the following

“(ii) is landing its catch in a port in the State, or” and

(ii) by inserting the following subparagraph

“(iii) is in a port in the State and flying the flag of another Member State,”.

(b) (i) by substituting for subparagraphs (2)(b) the following

“(b) is landing its catch in a port in the State, or”, and

(ii) by inserting the following subparagraph

“(c) is in a port in the State and flying the flag of another Member State,”.

(2) in Regulation 4—

(a) by substituting for subparagraph (b) the following

“(b) is landing its catch in a port in the State, or”, and

(b) by inserting the following subparagraph

“(c) is in a port in the State and flying the flag of another Member State,”.

(3) in Regulation 5—

(a) by substituting for subparagraph (b) the following

“(b) is landing its catch in a port in the State, or”, and

(b) by inserting the following subparagraph

“(c) is in a port in the State and flying the flag of another Member State,”.

(4) in Regulation 7—

(a) by substituting for subparagraph 9(a)(ii) the following

(ii) is landing its catch in a port in the State, or”, and

(b) by inserting the following subparagraph

“(iii) is in a port in the State and flying the flag of another Member State,”.

GIVEN under my Official Seal

this 20

th

day of February 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 amend the European Communities (Safety of Fishing Vessels Regulations 2002 by substituting the wording in Regulations 3, 4, 5, and 7 in order to clarify the requirements of Directive 97/70/EC on setting up a harmonised safety regime for fishing vessels of 24 metres in length and over.

1

O.J. No. L34 of 9.2.1998, p.1.

2

O.J. No. L93 of 27.3.1999, p.48.

3

O.J. No. L112 of 27.4.2002, p.21-33.

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 further effect to Council Directive 97/70/EC of 11 December 1997

1

setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended by Commission Directive 1999/19/EC of 18 March 1999

2

and Commission Directive 2002/35/EC of 25 April 2002

3

hereby make the following Regulations