IE
S.I. No. 454/2021 - European Union (Training, Certification and Watchkeeping for Seafarers) (Amendment) Regulations 2021
Table of Provisions (15)
Statutory Text (15 Articles)
1. These Regulations may be cited as the European Union (Training, Certification and Watchkeeping for Seafarers) (Amendment) Regulations 2021.
2. In these Regulations “Principal Regulations” means European Union (Training, Certification and Watchkeeping for Seafarers) Regulations 2014 (
S.I. No. 242 of 2014
).
3. Regulation 2 of the Principal Regulations is amended, in paragraph (1), by substituting for the definition of –
(
a
) “certificate of equivalent competency” the following
“ ‘certificate of equivalent competency’ means a document entitled a certificate of equivalent competency issued under Regulation 12 or Regulation 12A, as the case may be;”,
(
b
) “certificate of equivalent proficiency” the following
“ ‘certificate of equivalent proficiency’ means a document entitled a certificate of equivalent proficiency issued under Regulation 12 or 12A, as the case may be;”,
(
c
) “code” the following
“ ‘code’ means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code and any amendments thereto up to and including those amendments adopted by the Maritime Safety Committee of the International Maritime Organization at its one hundred-second session held between 4 and 11 November 2020;”,
(
d
) “Convention” the following
“ ‘Convention’ means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 and any amendments thereto up to and including those amendments adopted by the Maritime Safety Committee of the International Maritime Organization at its ninety-seventh session held between 21 and 25 November 2016;”,
(
e
) “Directive” the following
“ ‘Directive’, subject to Regulation 31, means Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008
1
, as amended by Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012
3
and Directive (EU) 2019/1159 of the European Parliament and of the Council of 20 June 2019
2
;”,
(
f
) “Minister” the following
“ ‘Minister’ means Minister for Transport;”,
(
g
) “partially smooth waters” the following
“ ‘partially smooth waters’ means the areas of water specified in column (3) of the table in Schedule 3;
‘Radio Regulations’ means the radio regulations annexed to, or regarded as being annexed to, the International Telecommunications Convention, as amended;”,
(
h
) “Regulations of 2005” the following
“ ‘Regulations of 2014’ means the Merchant Shipping (Medical Examinations) Regulations 2014 (
S.I. No. 246 of 2014
);”,
(
i
) “Regulations of 2011” the following
“ ‘Regulations of 2019’ means the European Union (Passenger Ships) Regulations 2019 (
S.I. No. 676 of 2019
);” ,
(
j
) “seagoing” the following
“ ‘seagoing’, in relation to a ship, means—
(
a
) a ship in respect of which load line certification is required to be in force in accordance with the
Merchant Shipping (Load Lines) Act 1968
(No. 17 of 1968),
(
b
) a passenger boat, which proceeds to sea, in respect of which a passenger boat licence is required to be in force in accordance with the
Merchant Shipping Act 1992
(No. 2 of 1992) (“1992 Act”), excluding any class of passenger boat exempted from requiring a passenger boat licence in accordance with section 14A of the 1992 Act,
(
c
) a passenger ship, which proceeds to sea, in respect of which a passenger ship certificate is required to be in force in accordance with the 1992 Act,
(
d
) a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2019,
(
e
) a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft is required to be in force in accordance with the Regulations of 2019,
(
f
) a Dynamically Supported Craft (DSC) in respect of which a DSC Construction and Equipment Certificate and a DSC Permit to Operate High Speed Craft is required to be in force in accordance with the Regulations of 2019, or
(
g
) any other Irish ship that proceeds to sea beyond the limits of smooth or partially smooth waters;”,
and
(
k
) “smooth waters” the following
“ ‘smooth waters’ means the areas of water specified in column (2) of the table in Schedule 3;”.
4. Regulation 6 of the Principal Regulations is amended –
(
a
) by substituting for paragraph (2) the following
“(2) A person is qualified for the purposes of these Regulations if such a person holds a certificate of proficiency, a certificate of equivalent proficiency or a certificate to which Regulation 30(2) relates in respect of any function the person is to perform in one of the following capacities
(
a
) master of an oil, chemical or liquefied gas tanker;
(
b
) chief engineer officer of an oil, chemical or liquefied gas tanker;
(
c
) chief mate of an oil, chemical or liquefied gas tanker;
(
d
) second engineer officer of an oil, chemical or liquefied gas tanker;
(
e
) officer assigned specific duties and responsibilities related to cargo or cargo equipment on oil, chemical or liquefied gas tankers, as the case may be;
(
f
) rating assigned specific duties and responsibilities related to cargo or cargo equipment on oil, chemical or liquefied gas tankers, as the case may be;
(
g
) any person with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on oil, chemical or liquefied gas tankers, as the case may be;
(
h
) any person designated to perform any of the emergency, occupational safety, security, medical care and survival functions as specified in Chapter VI.”, and
(
b
) by substituting for paragraph (10) the following
“(10) Every master, officer, rating and other person serving on a passenger ship—
(
a
) engaged on an international voyage shall –
(i) before being assigned shipboard duties meet the requirements of paragraph 1 of Section A-VI/1 of the code, and
(ii) be qualified and trained as specified in Regulation V/2 of Chapter V,
and
(
b
) engaged on a domestic voyage shall –
(i) before being assigned shipboard duties meet the requirements of paragraph 1 of Section A-VI/1 of the code, and
(ii) be qualified and trained in accordance with those requirements of Regulation V/2 of Chapter V which the Minister specifies in a Marine Notice and the Minister may provide for different standards of qualification and training in respect of different categories of person and different categories of domestic voyage.
(10A)(
a
) Every master, officer, rating and other person serving on board a ship that is subject to the IGF Code shall prior to being assigned shipboard duties –
(i) receive appropriate ship and equipment specific familiarisation as specified in Article 14(1)(d), and
(ii) have completed the training required by Regulation V/3 of Chapter V in accordance with their capacity, duties and responsibilities.
(
b
) Every seafarer responsible for designated safety duties associated with the care, use or in emergency response to the fuel on board ships subject to the IGF Code shall hold a certificate in basic training for service on ships subject to the IGF Code as specified in Regulation V/3 of Chapter V.
(
c
) Every master, engineer officer and all persons with immediate responsibility for the care and use of fuels and fuel systems on a ship that is subject to the IGF Code shall hold a certificate in advanced training for service on ships subject to the IGF Code as specified in Regulation V/3 of Chapter V.
(10B)(
a
) Every master, chief mate and officer in charge of a navigational watch serving on a ship operating in polar waters shall hold a certificate in basic training for ships operating in polar waters, as required by the Polar Code, as specified in Regulation V/4 of Chapter V.
(
b
) Every master and chief mate on a ship operating in polar waters shall hold a certificate in advanced training for ships operating in polar waters, as required by the Polar Code, as specified in Regulation V4 of Chapter V.”.
5. Regulation 10 of the Principal Regulations is amended –
(
a
) by substituting for paragraph (10) the following
“(10) Where, under the procedure laid down in Regulation 12A, the Minister recognises a certificate of competency or a certificate of proficiency issued to a master or officer in accordance with Regulations V/1-1 and V/1-2 of the Annex to the Convention, he or she shall not endorse such certificate to attest its recognition unless he or she is satisfied as to the authenticity and validity of the certificate concerned.”,
(
b
) by substituting for paragraph (16) the following
“(16) An endorsement of a certificate by the Minister under paragraph (1) or Regulation 12(4) or 12A(1) shall expire –
(
a
) as soon as the certificate is withdrawn, suspended or cancelled –
(i) if issued under paragraph (1) by the Minister, by the Minister, or
(ii) if issued by another Member State or third country, by that Member State or third country, or
(
b
) within 5 years of the date of the endorsement,
whichever is the earliest.”,
(
c
) by substituting for paragraph (18) the following
“(18) Subject to Regulation 12(9) and Regulation 12A(4), a holder of a certificate shall keep the certificate available in its original form on board the ship on which the holder is serving either in a hard copy or in a digital format.”, and
(
d
) in paragraph (19)(c), by substituting “Regulations of 2014” for “Regulations of 2005”.
6. Regulation 11 of the Principal Regulations is amended –
(
a
) by substituting for paragraph (2) the following
“(2) A person, referred to in Regulation 6(1), who holds a certificate issued or recognised by the Minister under any part of Annex I other than Regulation V/3 of Chapter V or Chapter VI, who is serving at sea or intends to return to sea after a period ashore shall, at intervals not exceeding 5 years, in order to continue to qualify for seagoing service and revalidation of such certificate—
(
a
) meet the standard of medical fitness prescribed by the Regulations of 2014, and
(
b
) establish continued professional competence in accordance with section A-I/11 of the code.”,
(
b
) in paragraph (4), by substituting “Regulation 6(2)(a) to (g)” for “Regulation 6(2)(a) to (d)”, and
(
c
) by inserting after paragraph (4) the following
“(5) Seafarers holding a certificate of proficiency in accordance with Regulation V/3 of Chapter V shall, at intervals not exceeding 5 years, undertake appropriate refresher training as may be specified by the Minister in a Marine Notice or be required to provide to the Minister evidence of having achieved the required standard of competence within the preceding 5 years.
(6) Every master or officer who holds a certificate of proficiency for seagoing service on board a ship operating in polar waters, who is serving at sea or intends to return to sea after a period ashore shall, at intervals not exceeding 5 years, in order to continue to qualify for such seagoing service and revalidation of such certificate—
(
a
) meet the requirements of paragraph (2), and
(
b
) establish continued professional competence for ships operating in polar waters in accordance with paragraph 4 of section A-I/11 of the code.”.
7. The following is substituted for Regulation 12 of the Principal Regulations
“
Mutual recognition of seafarers’ certificates issued by another Member State
8. Regulation 15 of the Principal Regulations is amended, in paragraph (4)(g), by substituting “Regulation 12 or 12A” for “Regulation 12”.
9. Regulation 17 of the Principal Regulations is amended, in paragraph (2)(b), by substituting “Regulation 12(9) or 12A(4)” for “Regulation 12(4)”.
10. The following is substituted for Regulation 25 of the Principal Regulations
“25. A person who commits an offence under –
(
a
) Regulation 5(2), 16(6), 17(3) or 24(4) is liable on summary conviction to a class A fine, or
(
b
) Regulation 10(23) or 20(2) is liable on summary conviction to a class C fine.”.
11. Regulation 26(1) of the Principal Regulations is amended by substituting “Regulation 5(2), 10(23), 16(6), 17(3) or 20(2)” for “Regulation 5(2), 10(23), 16(6), 17(3), 20(2), 23(5) or 24(4) and is liable to summary prosecution in respect thereof”.
12. Regulation 29 of the Principal Regulations is amended by deleting paragraph (2).
13. Schedule 2 to the Principal Regulations is amended by deleting the matter at reference numbers 6 and 7.
14. The Principal Regulations are amended by inserting Schedule 3 set out in the Schedule to these Regulations.
Schedule
Regulation 14
“
Regulation 2
Schedule 3
PORT AREAS (SMOOTH WATERS AND PARTIALLY SMOOTH WATERS)
Place
Areas of smooth waters
Areas of partially smooth waters
Carlingford Lough
Within a line from Greencastle Point to Greenore
In summer
Inside of a line joining Cranfeld Point and Ballagan Point
In winter
In favourable weather only, within a line drawn from Greenore and Greencastle points to a boundary line drawn from Soldiers Point at 245° to charted ruins at Ballytrasna
Dundalk
Westward of Longitude 006°21W within Castletown Estuary
In summer and in favourable weather only, within a line joining Cooley Point and Dunany Point
Drogheda
Within a line from Crook Point to Burrow Point
In summer
In favourable weather only, within a radius of 2.6 nautical miles from the eastern tip of the north breakwater and terminating at the northern and southern foreshores respectively
In winter
No partially smooth waters
Skerries
No smooth waters
To St. Patrick’s Island in fine weather and daylight only
Rogerstown Inlet
West of Longitude 006°06.5’W
No partially smooth waters
Malahide Inlet
West of Longitude 006°08’W
No partially smooth waters
Howth Sound
No smooth waters
Within a line from the North end of Eastern Breakwater to Thulla and south of a line joining Westwood to Steer Rock
Dublin
Inside the Pier Heads
In summer
Within a line from Dalkey Island to Bailey Point
In winter
(a) for tenders to ocean liners only; within a line from Dalkey Island to Bailey Point, in fine weather.
(b) for all other ships; no partially smooth waters
Dun Laoghaire
Inside Pier Heads
As Dublin
Wicklow
Inside the Pier Heads
In summer and in favourable weather only, within 2 nautical miles of the pier heads
Arklow
Inside the Pier Heads
In summer and in favourable weather only, within 2 nautical miles of the pier heads
Wexford
Inside Wexford Bridge
Within a line from Raven Point to Rosslare Point
Saltee Islands
No smooth waters
In summer
In favourable weather only; licenced passenger boats operating as tenders and with an approved tender safety plan and no more than 50m from the designated landing point specified in the tender safety plan
In winter
No partially smooth waters
Bannow Estuary
Bannow Bay.
Within a line drawn East to West at the entrance to Bannow Bay at 052°12.9’ N
In summer
In favourable weather only within a line between Ingard Point and Clammers Point
Waterford
Within a line from Passage to Ballyhack
In summer
Within a line from Dunmore to Hook Point
In winter
Within a line from Geneva Barrack to Duncannon Light
Dungarvan
West of Cunnigar Point
In summer
Inside a line joining Ballynacourty Point Lighthouse to the western most point of the mainland of Helvick Head
In winter
No partially smooth waters
Youghal
Within a line from Ferry Point to Green Park
No partially smooth waters
Cork
Within a line from Ram’s Head to Dognose Quay
Within a radius of 3 miles from Roche’s Point, in favourable weather
Oysterhaven
North of Ferry Point
In summer
North of Kinure Point
In Winter
No partially smooth waters
Kinsale Harbour
Within a line from Blockhouse Point and Summer Cove
Within a line from Moneypoint and Carrignarone
Courtmacsherry
West of 008°41.5’ W
In summer
North of a line joining wood Point and Coolmain Point
In winter
No partially smooth waters
Glandore
North of Long Point
In summer
North of a line joining Sheila Point and Goats Head
In Winter
No partially smooth waters
Castle Haven
East of Reen Point
In summer
North of Reen Point
In Winter
No partially smooth waters
Crookhaven
West of longitude 009°42’
No partially smooth Waters
Baltimore
In Baltimore Harbour and inside lines drawn between the following points; from Beacon Point to Barrack Point, from Long Point to Deelish Rock and from Deelish Rock to Frolic Point
No partially smooth waters
Schull
North of a line joining Skull Point and Coosheen Pt.
Gun Point to the West end of Long Island, North of Long Island and inside a line joining Copper Pt. to Coosheen Pt.
Dunbeacon Harbour,
Dunmanus Bay
No smooth waters
Within a line joining Rossmore Point and Dunbeacon Point, in favourable weather only
Bantry Bay
From Bantry or Glengariff
Within a line joining Four Heads Point East and inside Whiddy Island
From Castletownbere: Inside Bere Island
Castletownbere to within a line from Lonehort Point to White Horse Point, in favourable weather and in daylight only
Kenmare
(including Ardgroom and Kilmakilloge Harbours)
North of 51°50.0’N
In summer and in favourable weather and daylight only
East of Longitude 9
o
54.7’W.
In Winter: inside a line joining Dog’s Pt and Laughaun Point and North of Rossmorebullig Pt.
Blasket Islands and Dunquin
No smooth waters
Great Blasket Island – within a 500 metre radius of the pier.
Dunquin Harbour – within a 500 metre radius of the pier
Valentia
Between lines joining Knightstown and Renards Point and Portmagee Swing Bridge
In favourable weather only, within a line joining Ringcaheragh Point and Scughaport Reef and within a line joining Fort Point to Beginish Island and inside Doulus Bar
Ventry Harbour
No smooth waters
In summer and in favourable weather only, within a line joining Parkmore Point and Paddock Point
Smerwick Harbour
No smooth waters
In summer
Inside of a line joining Carrigbrean to Dunacapple Island
In winter time
No partially Smooth Waters
Brandon Bay
No smooth waters
In summer
Inside of lines joining Brandon Point to Illaunboe to Rough Point
Tralee Bay
In summer and in favourable weather and daylight only
Inside a line joining Fenit Breakwater Light to Derrymore Point
In Tralee Bay south of a line running east through Rough Point
Castlemaine Harbour
No smooth waters
East of a line joining Rossbehy Point to Inch Point
Dingle Harbour
Within a line joining Flaherty Point and Black Point
No partially smooth waters
The Shannon
East of Rinalan Point
East of a straight line joining Carrig Island, Scattery Island Lighthouse and the Clare Coast
Doolin Point
No smooth waters
No partially smooth waters
Kilronan
No smooth waters
In summer
Within 0.6’ from Kilronan Pier
In winter
No partially smooth waters
Galway
Lough Corrib
(a) for ships when serving as tenders to ocean liners only; within a line from Black Head to Carrahouna Point
(b) for all other ships: within a line from Black Rock Beacon to Kilcolgan Point
Cashla Bay,
Greatmans Bay
Kilkieran Bay
Area of smooth waters,
in favourable weather only
, is considered to be to all waters inside Cashla Bay north of Tonacrick Point, all waters inside of Greatmans Bay north of Rin Point and all waters inside of Kilkeran Bay (and Casheen Bay) east of Kilkieran Point
No partially smooth waters
Roundstone Bay
No smooth waters
In summer time
North of an east west line through Inishnee Pt.
In winter time
No partially Smooth Waters
Cleggan /Inishbofin
Within a line from Cleggan Point to Roeillaun
Within the area bounded by lines joining Cleggan Point to Lyon Point and Roeillaun to Shark Head and inside Bofin Harbour, in favourable weather and daylight only
Clifden Bay
No smooth waters
In favourable weather and daylight only, within a line due North from Fishing Point
Ballynakill Harbour
Inside Ross Point
In summer, favourable weather and daylight only, inside Freaghillaun Island
Killary Harbour
Inside Inishbarna Islands
Within a line from Tonakeera Point to Culfin Point, in favourable weather and daylight only
Clew Bay
Area of smooth waters,
in favourable weather only
, is considered to be to all waters to the east of a line joining Curraghmore Point to Inishgort Light House to Rosturk Castle
No partially smooth waters
Westport
Within a line from Murrisk Pier to Inishgort Light.
No partially smooth waters
Achill Sound
North of Darby’s Point to 54°00’N (In way of Bull’s Mouth)
No partially smooth waters
Blacksod Bay
Inside Dooniver Point
In favourable weather only, within a line from Blacksod Point to Kinfinalta Point
Broadhaven Bay
Within a line from Shanaghy Point to Fox Point
In favourable weather only, from Gubacashel to Brandy Point
Sruwaddacon Bay
No smooth waters
East of 009° 50’ West
Clare Island
Within a line from Roonagh Head to Clare Island East Harbour and Achillbeg Island to Clare Island
Killala Bay
Inside Rinnaun Point
Within 3 miles from Ross Point in favourable weather and daylight only
Sligo Harbour
Inside Metal Man Rocks. On Lough Gill
Within a line from Raghly Point to Black Rock Point
Ballyshannon
Inside the bar
Within a line from Aughrus Point to Kildone Point in favourable weather and daylight only
Donegal
Inside the bar
Within a line from Doorin Point to Kildone Point in favourable weather and daylight only
Killybegs
No smooth waters
Inside a line joining Rotton Island to Port Roshin
Teelin
Within a distance of 3 miles from Dundawoona Point in favourable weather and daylight only
Burtonport
No smooth waters
Within an area bounded by lines from Ranagh Point to Wyon Point and Rinnagey to Rough Island
Sheephaven Bay
No smooth waters
In summer
South of 55°12’N
In winter
No partially smooth waters
Mulroy Bay
Within a line from Dundooan Point and Inbeverbeg Bay
In favourable weather only, within a line from Melmore Head and Ballyhoorisky Point
Lough Swilly
Within a line from Buncrana to Muckarnish Point
Within a line from Dunree Head to Portsalon
Lough Foyle
Inside a line joining Greencastle and Magilligan Point
No partially smooth waters
The outer limits of the smooth water areas specified in column (2) of Schedule 3 shall be taken to be the corresponding inner limits of the partially smooth water areas specified in column (3) of Schedule 3.
Unless otherwise indicated these limits apply at all times of the year.
In this Schedule–
‘favourable weather’ means fine, clear settled weather with a sea state such as to cause only moderate rolling or pitching;
‘summer’ means the months of April to October, inclusive;
‘winter’ means the months of November to March, inclusive.”.
GIVEN under my Official Seal,
7 September, 2021.
EAMON RYAN,
Minister for Transport.
EXPLANATORY NOTE
(
This note is not part of the instrument and does not purport to be a legal interpretation
)
These Regulations transpose requirements of Directive (EU) 2019/1159 of the European Parliament and of the Council of 20 June 2019 amending Directive 2008/106/EC on the minimum level of training of seafarers and repealing Directive 2005/45/EC on the mutual recognition of seafarers’ certificates issued by the Member States. Directive (EU) 2019/1159 introduces into European law certain amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW).
The purpose of these Regulations is to amend the European Union (Training, Certification and Watchkeeping for Seafarers) Regulations 2014 (
S.I. No. 242 of 2014
) to give effect to the amendments introduced by Directive (EU) 2019/1159, including on the revised requirements on the mutual recognition of seafarers’ certificates issued by Member States; updated minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on passenger ships; and new minimum requirements for the training and qualification of seafarers on ships subject to the IGF and Polar Codes.
1 OJ No. L 323, 3.12.2008, p.33
2 OJ No. L 188, 12.7.2019, p.94
1 OJ No. L 323, 3.12.2008, p.33
3 OJ No. L 343, 14.12.2012, p.78
2 OJ No. L 188, 12.7.2019, p.94
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
10
th September,
2021.
I, EAMON RYAN, Minister for Transport, 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 Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008
1
, as amended by Directive (EU) 2019/1159 of the European Parliament and of the Council of 20 June 2019
2
, hereby make the following regulations