European Communities (Port State Control) Regulations 2010.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Port State Control) Regulations 2010.
(2) These Regulations come into operation on 1 January 2011.
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paragraphs: (1) In these Regulations—
(a) Directive 2002/84/EC of the European Parliament and of the Council of 5 November 20024 ,
(b) Regulation (EC) No. 219/2009 of the European Parliament and of the Council of 11 March 20095 , and
(c) Directive 2009/18/EC of the European Parliament and of the Council of 23 April 20096 ;
(a) in the case of a port to which the Harbours Acts 1946 to 2005 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 Act 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;
(a) a harbour within the meaning of section 2 of the Harbours Act 1946 (No. 9 of 1946),
(b) a harbour within the meaning of section 2 of the Act of 1996,
(c) a fishery harbour centre within the meaning of section 1 of the Fishery Harbour Centres Act 1968 (No. 18 of 1968), and
(d) a harbour transferred to a relevant local authority under section 88(2) of the Act of 1996.
(2) A word or expression that is used in these Regulations and is also used in the Port State Control Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.
(3) In these Regulations—
(a) a reference to an Article is to an Article of the Port State Control Directive, and,
(b) a reference to an Annex is to an Annex to the Port State Control Directive.
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paragraphs: (1) These Regulations apply to any ship and its crew calling at a port or anchorage in the State in order to engage in a ship/port interface other than fishing vessels, warships, naval auxiliaries, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure yachts not engaged in trade.
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paragraphs: The Marine Survey Office is designated as the competent authority in the State for the purposes of these Regulations and the Port State Control Directive.
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paragraphs: (1) Subject to paragraph (5), the Minister may appoint such and so many officers who fulfil the qualification criteria specified in Annex XI as the Minister thinks necessary to be inspectors for the purposes of the Port State Control Directive and these Regulations and may revoke any such appointment.
(2) The Minister shall issue to every inspector appointed under paragraph (1) a warrant of appointment and the competent authority shall issue to every such inspector a personal document in the form of an identity card in accordance with Commission Directive 96/40/EC of 25 June 19962 and, when exercising a power or performing a function under the Port State Control Directive or these Regulations, the inspector shall, on being so requested by a person affected, produce the identity card to that person.
(3) Subject to paragraph (5), and to any directions of the competent authority, an inspector has such powers as are necessary to perform such functions as are conferred on him or her by, or as are necessary to enable him or her to perform his or her duties under, the Port State Control Directive or these Regulations including the power to—
(a) enter any port, including any location where ship/port interface takes place including anchorages, waiting berths and approaches from seaward,
(b) board and inspect any ship,
(c) require a person on the ship to furnish him or her with information, to make a statement or to produce any documents and records regarding the ship,
(d) inspect, take samples and take copies of, or take extracts from, any books, documents, certificates or records, including those in electronic form, relevant to the inspection (including in the case of information in non-legible form a copy of or extract from such information in permanent legible form),
(e) require the master, owner or operator of a ship to provide the relevant information and certificates, the inspection of which is considered by the inspector to be necessary for the purpose of enabling him or her to carry out the inspection,
(f) there, or at any other place, carry out or have carried out such examinations, inspections or tests of equipment or other device found on the ship and, if the inspector thinks fit, remove or have removed any such equipment or other device and retain it for a reasonable period to facilitate such examinations, testing or inspection, and
(g) detain a ship or secure for later inspection the ship or part of it.
(4) If an inspector does not have the required professional expertise in a matter necessary for the performance of a particular function under the Port State Control Directive or these Regulations, the inspector may be assisted by any person with the required expertise as directed by the competent authority.
(5) An inspector, and any persons assisting him or her, shall not perform any functions under these Regulations or the Port State Control Directive if he or she has any commercial interest either in the port or in the ships in respect of which the functions are performed, nor shall the inspector be employed by or undertake work on behalf of non-governmental organisations which issue statutory and classification certificates in respect of ships or which carry out the surveys necessary for the issue of those certificates.
(6) The competent authority shall ensure that inspectors receive appropriate training in relation to changes to the port state control system applied in the European Union as laid down in the Port State Control Directive and amendments to the Conventions.
(7) A person who—
(a) without reasonable excuse fails to comply with any request or requirement made by an inspector under these Regulations,
(b) obstructs or interferes with an inspector in the performance of his or her functions under these Regulations, or
(c) gives an inspector false or misleading information,
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paragraphs: (1) The competent authority shall ensure that inspections are carried out in accordance with these Regulations.
(2) The competent authority shall—
(a) inspect all ships which are due for a mandatory inspection (referred to in these Regulations as “Priority I” ships) referred to in Regulation 9(2)(b) calling at ports and anchorages in the State, and
(b) carry out annually a total number of inspections of Priority I ships referred to in Regulation 9(2)(b) and ships which are eligible for inspection (referred to in these Regulations as “Priority II” ships) referred to in Regulation 9(3)(b), corresponding at least to the State’s share of the total number of inspections to be carried out annually within the European Union and the Paris MOU region.
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paragraphs: (1) The competent authority may decide to postpone the inspection of a Priority I ship if the inspection may be carried out—
(a) at the next call of the ship in the State, but only if the ship does not call at any other port in the European Union or the Paris MOU region in between and the postponement is for not more than 15 days, or
(b) in another port of call within the European Union or the Paris MOU region within 15 days, but only if the competent authority in the state in which that port of call is located has agreed in advance to carry out the inspection.
(2) The competent authority may decide not to carry out an inspection on a Priority I ship if—
(a) carrying out the inspection would create a risk to the safety of inspectors, the ship, the ship’s crew, the port, or to the marine environment, or
(b) subject to paragraph (3), the ship call takes place only during night time.
(3) The competent authority shall take the measures necessary to ensure that Priority I ships which call regularly during night time are inspected.
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paragraphs: (1) The operator, agent or master of a ship which is eligible for an expanded inspection in accordance with Regulation 11 and which is bound for a port or anchorage in the State shall notify its arrival to the competent authority using SafeSeasIreland, or where SafeSeasIreland is unavailable for technical reasons by telephone, fax, email or other electronic means—
(a) at least 72 hours in advance,
(b) if the voyage time is less than 72 hours, at the latest, at the time the ship leaves the previous port, or
(c) if the port of call is not known or it is changed during the voyage, as soon as the information is available,
(2) The operator, agent or master of a ship who fails to comply with paragraph (1) each commits an offence.
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paragraphs: (1) The competent authority shall select ships for inspection based on the ships’ risk profiles.
(2) The following ships shall be selected for inspection:
(a) ships to which overriding factors listed in Annex I Part II, 2A apply;
(b) Priority I ships in accordance with the selection scheme described in Annex I, Part II 3A.
(3) The following ships may be selected for inspection:
(a) ships to which unexpected factors listed in Annex I, Part II 2B apply;
(b) Priority II ships in accordance with Annex I, Part II 3B.
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paragraphs: (1) An inspector shall carry out an initial inspection or a more detailed inspection on any ship selected under Regulation 9 and shall, in the case of an initial inspection, as a minimum—
(a) check the certificates and documents listed in Annex IV required to be kept on board in accordance with European Union maritime legislation and Conventions relating to safety and security,
(b) verify, where appropriate, whether outstanding deficiencies found during the previous inspection carried out by a Member State or by a state signatory to the Paris MOU have been rectified, and
(c) satisfy himself or herself of the overall condition (including the hygiene) of the ship, including the engine room and accommodation.
(2) Where, after the initial inspection referred to in paragraph (1), an inspector has clear grounds to believe that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of one or more of the Conventions he or she shall carry out a more detailed inspection, including further checking of compliance with on-board operational requirements.
(3) For the purposes of paragraph (2), ‘clear grounds’ exist when the inspector finds evidence which, in his or her professional judgement, warrants a more detailed inspection of the ship, its equipment or its crew, and the matters set out in Annex V shall constitute such evidence.
(4) Without prejudice to paragraph (2), an inspector shall carry out an initial or more detailed inspection of a Priority I ship in accordance with Annex I, Part II 3A.
(5) Without prejudice to paragraph (2), where an inspector has decided to inspect a Priority II ship, or in the case of an unexpected factor, an inspector shall carry out an initial or more detailed inspection in accordance with Annex I, Part II 3B.
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paragraphs: (1) The competent authority shall carry out expanded inspections, as set out in Annex VII, in accordance with this Regulation.
(2) The following categories of ships are eligible for an expanded inspection in accordance with Annex I, Part II 3A and 3B:
(a) ships with a high risk profile;
(b) passenger ships, oil tankers, gas or chemical tankers or bulk carriers, older than 12 years of age;
(c) ships with a high risk profile or passenger ships, oil tankers, gas or chemical tankers or bulk carriers, older than 12 years of age, in cases of overriding or unexpected factors;
(d) ships subject to a re-inspection following a refusal of access order issued in accordance with Regulation 13.
(3) The competent authority shall carry out an expanded inspection of Priority I ships in accordance with Annex I, Part II 3A.
(4) Where the competent authority has decided to inspect a Priority II ship the competent authority shall carry out an expanded inspection of that ship in accordance with Annex I, Part II 3B.