Carriage of Livestock by Sea Regulations 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Carriage of Livestock by Sea Regulations 2016 and come into operation on 04 July 2016.
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paragraphs: In these Regulations—
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paragraphs: (1) These Regulations apply to the loading and carriage by sea of livestock being exported from the State on a vessel, excluding livestock carried in a road vehicle on board the vessel.
(2) These Regulations are in addition to and not in substitution for the Animal Transport Regulations 2016.
(3) These Regulations do not apply to a vessel importing livestock.
(4) Nothing in these Regulations purports to create a criminal jurisdiction in relation to actions committed wholly outside the criminal jurisdiction of the State.
(5) Notwithstanding paragraph (4), where, whether within or outside the criminal jurisdiction of the State, a person fails to comply with these Regulations, the Minister may have regard to such failure in relation to granting or revoking a livestock vessel approval or refusing an application.
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paragraphs: (1) A person shall not carry livestock by sea except in accordance with an approval granted for the purpose of these Regulations (“livestock vessel approval”).
(2) The Minister may grant a livestock vessel approval, attach conditions to an approval, revoke or vary a condition, revoke a livestock vessel approval or refuse an application.
(3) An application for a livestock vessel approval shall be in a form and contain any information that the Minister may require, including a livestock vessel plan.
(4) To be approved for the carriage of livestock from the State—
(a) a vessel must fly the flag of a country listed in the “White List”, as published annually by the Paris Memorandum of Understanding on Port State Control,
(b) the “performance level” of the Recognised Organisation(s) issuing statutory certificates to the vessel on behalf of the Flag State must be recorded as “High” in the “Recognised Organisation performance table” published by the Paris Memorandum of Understanding on Port State Control, and
(c) the “performance level” of the company operating the vessel must not be listed as “low or very low” on the performance tables of Port State Control published by the European Maritime Safety Agency.
(5) Without prejudice to the generality of paragraph (3), the Minister may refuse an application or revoke a livestock vessel approval if he or she is of the opinion that—
(a) an act of the institutions of the European Union or these Regulations have not been, are not being or will not be, complied with,
(b) the owner of a livestock vessel has committed an offence, whether he or she has been convicted or not, relating to animal health or welfare or the environment,
(c) the owner of a livestock vessel has failed to comply with a condition of a livestock vessel approval,
(d) in relation to an application, information required has not been furnished or information that is false or misleading in a material respect has been furnished,
(e) the vessel to which the application or livestock vessel approval relates is not, or has ceased to be, a fit and proper vessel to be approved,
(f) the applicant or owner of the livestock vessel is not a fit and proper person to be approved,
(g) the owner of a livestock vessel has ceased to carry out the activity to which approval relates,
(h) it is necessary for the protection of public health, animal health or welfare or the environment including the prevention, control or eradication of a disease, or
(i) it is necessary, ancillary or supplementary for an act of the institutions of the European Union to have full effect.
(6) If the Minister proposes to refuse an application or revoke livestock vessel approval, he or she shall—
(a) notify the applicant or holder of the livestock vessel approval of the proposal and the reasons for the proposal, and that he or she may make representations in relation to the proposal to the Minister within 14 days of notification,
(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and
(c) make a decision and notify the applicant or holder of the livestock vessel approval of the decision and the reasons for the decision.
(7) A livestock vessel approval is valid for a period that the Minister may determine.
(8) If the Minister revokes a livestock vessel approval, the former holder of the approval shall not apply for a further livestock vessel approval until a period of at least one month elapses.
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paragraphs: (1) If the Minister grants a livestock vessel approval, he or she shall issue a certificate to the owner of the livestock vessel (”certificate of approval”) in a format, containing the information in paragraph (2) and such other information (if any), that the Minister determines.
(2) A certificate of approval shall contain—
(a) the name of the owner of the livestock vessel,
(b) the unique approval number assigned to that vessel,
(c) the conditions to which the livestock vessel approval is subject,
(d) the period of validity of the livestock vessel approval, which shall not exceed 5 years, and
(e) the name and address of the Minister.
(3) A certificate of approval shall be retained on board the vessel to which it relates and made available for inspection on request by an authorised officer.
(4) The holder of the certificate of approval shall cause it to be displayed prominently on the vessel to which the approval relates.
(5) If a livestock vessel approval is revoked, the holder of the certificate of approval shall surrender it to the Minister or an authorised officer.
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paragraphs: (1) The owner of a vessel shall make the vessel available for inspection at a time and place determined by the Minister, on a request being made in that behalf.
(2) The owner of a vessel shall bear the cost of an inspection for the purposes of these Regulations, including where the inspection does not take place.
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paragraphs: The Minister shall maintain and publish, in a manner that he or she considers appropriate a list of livestock vessel approvals.
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paragraphs: A person who is required to maintain a record under the Regulations or as a condition of a livestock vessel approval shall maintain the record for three years and make it available on request to an authorised officer.
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paragraphs: The master of an approved vessel shall ensure that a copy of the relevant livestock vessel plan and any supporting drawings and documents are retained on board and made available for inspection if so requested by an authorised officer.
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paragraphs: (1) Subject to paragraph (2), the master of a vessel shall have in his or her possession, immediately prior to the intended time of sailing—
(a) the current 96 hour weather forecast from the Irish Meteorological Service covering both wind and sea conditions for those sea areas in which the vessel is intended to travel during the first 96 hours of the voyage, and
(b) sufficient other information on the recent and prevailing wind and sea conditions for the route of the intended voyage as would enable him or her to assess the sea conditions on the route.
(2) Notwithstanding paragraph (1), a weather forecast is not required in respect of the Mediterranean Sea.
(3) The master of a vessel shall make available to an authorised officer a copy of the forecast and information referred to in paragraph (1).
(4) The master of a vessel shall ensure that the vessel does not depart the State carrying livestock if—
(a) the forecast or information referred to in paragraph (1) predicts unfavourable sea and wind conditions for any sea area in which the vessel is intended to travel during the first 96 hours of the intended voyage during a period in which the vessel would be in that sea area,
(b) the forecast referred to in paragraph (1) predicts wind of force 8 or greater on the Beaufort scale for any sea area in which the vessel is intended to travel during a period in which the vessel will be in that sea area, or
(c) in the case of a vessel of less than 90 metres in length overall or having a roll period of less than 15 seconds, the forecast referred to in paragraph (1) predicts wind of force 6 or greater on the Beaufort scale for any sea area in which the vessel is intended to travel during a period in which the vessel would be in that sea area.
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paragraphs: (1) A person shall not load or cause or permit another person to load livestock on a vessel unless a voyage plan in respect of the intended voyage has been submitted to and approved by the Minister.
(2) The voyage plan referred to in paragraph (1) shall show the intended route from the port of departure to the port of destination and shall include a list of ports or harbours of refuge capable of accommodating the vessel during its intended voyage and the distances between those ports or harbours.
(3) The master of a vessel shall identify each port at which it is intended to call during the voyage.
(4) The master of a vessel shall ensure that sufficient up-to-date charts and appropriate nautical publications are carried on board to ensure safe access to the ports and harbours referred to in paragraph (2) and shall make such charts and publications available for inspection, if so requested by an authorised officer.
(5) Where, while in the course of a voyage, the master of a vessel receives a forecast or indication of adverse weather conditions, which, in his or her opinion, would be likely to cause injury, suffering, or loss of life to the livestock on board, he or she shall take all necessary action to prevent such injury, suffering or loss of life, including taking shelter, until conditions become favourable.
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paragraphs: (1) The owner of a vessel shall give 5 working days advance notice in writing to the Minister where it is proposed to load the vessel with livestock in the State.
(2) The advance notice referred to in paragraph (1) shall specify—
(a) the name of the vessel,
(b) the port, berth and period for vessel inspection,
(c) the type, number and estimated average weight of the livestock which it is intended to load,
(d) each assembly centre where animals will be assembled prior to transport, and
(e) the intended port of destination.
(3) Where any change of crew members has occurred during the period of approval of a vessel the master shall present to an authorised officer details of the new crew members and their experience with livestock.