European Union (International Labour Organisation Work in Fishing Convention) (Medical Examination) Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Union (International Labour Organisation Work in Fishing Convention) (Medical Examination) Regulations 2020.
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paragraphs: (1) In these Regulations-
“applicant” means a person referred to in Regulation 7(1);
“approved doctor” means a medical practitioner who is for the time being entered in the register established under section 43 of the Medical Practitioners Act 2007 (No. 25 of 2007) and who is appointed under Regulation 5(a);
“authorised officer” shall be construed in accordance with Regulation 11(1);
“Category C fishing vessel” means a fishing vessel-
(a) staying within 30 nautical miles of the shore, or
(b) with no cabin accommodation other than a wheelhouse;
“competent authority” means the person designated as the competent authority under Regulation 4;
“direction” has the meaning assigned to it by Regulation 13(1);
“Directive” means Council Directive (EU) 2017/159 of 19 December 20162 ;
“fisherman” means a person who works in any capacity under a contract of employment or in an employment relationship on board a fishing vessel, including any other person engaged in activities related to fishing who is present on the same vessel in order to protect the overall health and safety of the persons on board, but does not include-
(a) a person who is a pilot within the meaning of the Harbours Act 1996 (No. 11 of 1996), or
(b) a shore person carrying out work on board a fishing vessel at the quay side;
“fishing vessel” means any ship or boat registered in the State, of any nature whatsoever, irrespective of the form of ownership, used or intended to be used for the purpose of commercial fishing;
“master” means the fisherman having command of a fishing vessel;
“medical fitness certificate” means a fisherman’s medical fitness certificate issued under Regulation 7(4);
“medical referee” means a medical referee appointed under Regulation 5(b);
“notice of detention” has the meaning assigned to it by Regulation 12(2);
“owner” means the owner of a fishing vessel or any other organisation or person, such as the manager, agent or charterer, who has assumed responsibility for the operation of the fishing vessel from the owner;
“referral centre” means a referral centre designated under Regulation 5(c).
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) Subject to paragraph (2), these Regulations apply to all fishermen on fishing vessels engaged in sea fishing.
(2) These Regulations do not apply to fishermen on Category C fishing vessels which-
(a) are less than 15 metres in length overall, or
(b) remain at sea for 72 hours or less.
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paragraphs: The Minister for Transport, Tourism and Sport is designated as the competent authority in the State for the purposes of Articles 7, 8 and 9 of the Annex to the Directive and these Regulations.
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paragraphs: The competent authority shall-
(a) appoint a person to be an approved doctor,
(b) appoint an approved doctor to be an independent medical referee, and
(c) designate a place to be a referral centre to assess colour vision.
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paragraphs: (1) A master shall not permit a fisherman on board a fishing vessel unless the fisherman is in possession of an unexpired medical fitness certificate that records him or her as fit to perform his or her duties.
(2) In urgent cases, and upon the request of an owner or master in that behalf, the competent authority may permit a fisherman who is the holder of a medical fitness certificate that expired within one month before the date on which the fisherman joined a fishing vessel to be on board the fishing vessel, despite the expiry of the certificate, until the next port of call at which it is possible for the fisherman to obtain a medical fitness certificate.
(3) A permission under paragraph (2) shall-
(a) not exceed a period of 3 months, and
(b) only apply to a fisherman on a fishing vessel of 24 metres in length and over or which normally remains at sea for more than three days.
(4) A master shall not permit a fisherman on board a fishing vessel to act in breach of any restriction or condition recorded on the fisherman’s medical fitness certificate under Regulation 7(6).
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paragraphs: (1) A fisherman who wishes to obtain a medical fitness certificate shall-
(a) have attained the age of 15 years,
(b) provide satisfactory proof of identity to an approved doctor, and