European Communities (Port Reception Facilities For Ship-Generated Waste and Cargo Residues) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) Regulations 2003.
(2) (a) In respect of sewage from new ships these Regulations come into operation on 27 September 2004.
(b) In respect of sewage from existing ships these Regulations come into operation on 27 September 2008.
Interpretation.
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paragraphs: (1) In these Regulations, unless the context otherwise requires—
“authorised officer” means one or more of the following:
(a) a person duly appointed under Regulation 4(2),
(b) a member of the Permanent Defence Forces holding commissioned rank, while in uniform,
(c) a member of the Garda SÃ­ochÃ¡na, while in uniform;
“cargo residues” means the remnants of any cargo material on board in cargo holds or tanks which remain after unloading procedures and cleaning operations are completed and includes spillage and loading and unloading excesses;
“Directive” means Directive No. 2000/59/EC of the European Parliament and the Council of 27 November 20001 ;
“functions” includes powers and duties, and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;
“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 (No. 29 of 1955);
“local authority” has the same meaning as in the Local Government Act 2001 (No. 37 of 2001);
“local competent authority” shall be construed in accordance with Regulation 4;
“MARPOL 73/78” means the International Convention for the Prevention of Pollution from Ships 1973, done at London on 2 November 1973, as modified by the Protocol of 1978 relating thereto, done at London on 17 February 1978;
“master”, in relation to a ship, means the person (excluding, where appropriate, a pilot having, for the time being, the command or charge of the ship;
“Minister” means Minister for Communications, Marine and Natural Resources;
“port” includes a fishery harbour centre within the meaning of the Fishery Harbour Centres Acts 1968 to 1998;
“port authority” means-
(a) in the case of a port to which the Harbour Acts 1946 to 1976 apply, a harbour authority within the meaning of those Acts,
(b) in the case of a port under the control of a company established pursuant to section 7 of the Harbours Acts 1996, the company concerned,
(c) in the case of a port under the control of a local authority, the local authority concerned,
(d) in the case of a port under the management of IarnrÃ³d Ãireann - Irish Rail, that body, and
(e) in the case of any other port, its owner;
“recreational craft” means a ship of any type, regardless of the means of propulsion, intended for sports or leisure purposes;
“sewage” means one or more of the following:
(a) drainage and other wastes from any form of toilets and urinals,
(b) drainage from medical premises (including dispensary and sick bay via wash basins, wash tubs, and scuppers located in such premises,
(c) drainage from spaces containing living animals,
(d) other waste waters when mixed with the drainages to which subparagraphs (a), (b) and (c) or any of them relate;
“ship” means a seagoing vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles and floating craft;
“territorial waters” means -
(a) the territorial seas for the purposes of the Maritime Jurisdiction Acts 1959 to 1988, and
(b) the internal waters within the meaning given by section 5 of the Maritime Jurisdiction Act 1959 (No. 22 of 1959);
“waste reception facilities” means a facility that is fixed, floating or mobile and is capable of receiving ship-generated waste and cargo residues.
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
(3) In these Regulations -