European Union (Marine Equipment) Regulations 2014.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the European Union (Marine Equipment) Regulations 2014.
(2) These Regulations come into operation on 04 December 2014.
num: 2
paragraphs: (1) In these Regulations—
(2) A word or expression that is used in the Marine Equipment Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
num: 3
paragraphs: (1) Equipment of a kind specified in an item of Annex A.1 to the Marine Equipment Directive shall not be placed on board an Irish ship unless the equipment—
(a) meets the requirements of the international instruments specified in columns 3 and 4 of the item, and has been tested and assessed for conformity as specified in columns 5 and 6 of the item, and
(b) bears a mark in accordance with Article 11 of and Annex D to the Directive.
(2) A person who contravenes this Regulation commits an offence and is liable on summary conviction to a class A fine.
num: 4
paragraphs: (1) This Regulation applies where—
(a) equipment needs to be replaced on an Irish ship in a port outside the European Union, and
(b) it is not practicable, for reasons of time, cost or delay, to replace the equipment with equipment that complies with Regulation 3.
(2) Notwithstanding Regulation 3, where this Regulation applies, equipment (in this Regulation referred to as “replacement equipment”) that does not comply with the requirements of that Regulation may be placed on board an Irish ship—
(a) if an agreement has been concluded between the European Union and the third country concerned on the mutual recognition of organisations equivalent to notified bodies, and the replacement equipment is accompanied by documentation issued by such an organisation, or
(b) if, although it is not possible to comply with subparagraph (a), the replacement equipment is accompanied by documentation, issued by a member State of the International Maritime Organisation which is party to the relevant conventions, certifying that the equipment complies with the relevant International Maritime Organisation requirements.
(3) The master of the ship concerned shall ensure that the Minister is notified, as soon as possible, of the nature and characteristics of the replacement equipment.
(4) It is a condition of the use of the replacement equipment that the equipment does not unduly affect the requirements of the radio-frequency spectrum.
num: 5
paragraphs: If, on inspection by a surveyor of ships or a person appointed by the Minister for the purpose, any item of the equipment on an Irish ship that is required to comply with Regulation 3 does not do so, the Minister shall not grant a safety certificate, and may revoke any safety certificate already granted, for the ship.
num: 6
paragraphs: (1) Where a new ship (within the meaning given by Article 3(1) of the Marine Equipment Directive) that is not registered in a Member State is to be registered in the State, the Minister shall cause equipment on board that is of a kind specified in an item of Annex A.1 to the Marine Equipment Directive to be inspected to verify that—
(a) the condition of the equipment corresponds to its safety certificates, and
(b) the equipment complies with Regulation 3 or an equivalent.
(2) Where the Minister is not satisfied that equipment on a ship referred to in paragraph (1) complies with Regulation 3 or its equivalent, he or she shall direct the owner in writing to replace the equipment.
(3) A person who fails to comply with a direction under paragraph (2) commits an offence and is liable on summary conviction to a class A fine.
(4) Notwithstanding Regulation 3, where the Minister considers that equipment on board a ship referred to in paragraph (1) does not comply with Regulation 3 but is equivalent to equipment that so complies, he or she shall issue a certificate in respect of the equipment—
(a) stating that he or she has approved the equipment, and
(b) specifying any restrictions or conditions that he or she has imposed on the use of the equipment.
(5) The Minister may impose a condition or restriction relating to the use of the equipment, and in the case of a certificate issued for radiocommunications equipment shall impose a condition or restriction intended to ensure that the equipment does not unduly affect the operation of any other part of the ship’s equipment that makes use of the radio-frequency spectrum.
(6) A certificate issued under paragraph (4) shall be carried with the item of equipment to which it refers while ever that item is on board the ship concerned.
(7) Where there is a contravention of paragraph (6), the master of the ship concerned commits an offence and is liable on summary conviction to a class C fine.
num: 7
paragraphs: (1) Where the Minister is satisfied that particular equipment of a kind specified in Annex A.1 to the Marine Equipment Directive, even though it bears a mark referred to in Regulation 3(b), and even though correctly installed, maintained and used for its intended purpose, may compromise the health or safety of the crew of the ship on board which it is, or the health or safety of the ship’s passengers or other persons, or adversely affect the marine environment, he or she may—
(a) direct that the piece of equipment be withdrawn from the market in the State, or
(b) prohibit or restrict its being placed on the market or being used on board an Irish ship.
(2) If the Minister makes a direction, prohibition or restriction under this Regulation about equipment, that equipment is not to be taken to comply with Regulation 3.
(3) Notice of the making of a direction, prohibition or restriction under this Regulation shall be published in the Iris OifigiÃºil.
(4) A person who contravenes a direction, prohibition or restriction under this Regulation commits an offence and is liable on summary conviction to a class A fine.
num: 8
paragraphs: A surveyor of ships may board and inspect a ship for the purposes of these Regulations.
num: 9
paragraphs: Notwithstanding Regulation 3, equipment referred to in Annex A.1 to the Marine Equipment Directive (as in force on 04 December 2014), and referred to in that Annex as a new item or as having been transferred from Annex A.2 to the Directive to Annex A.1, being equipment that does not comply with the requirements of that Regulation, may be placed on board an Irish ship until 04 December 2016 if the equipment was manufactured before 04 December 2014 in accordance with procedures for type approval in force before that date within the territory of a Member State.
num: 10
paragraphs: An offence under these Regulations may be prosecuted summarily by the Minister.
num: 11
paragraphs: The following are revoked: