European Union (International Labour Organisation Work in Fishing Convention) (Food And Accommodation) Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Union (International Labour Organisation Work in Fishing Convention) (Food and Accommodation) Regulations 2020.
(2) These Regulations shall come into operation on 2nd August 2020.
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paragraphs: (1) In these Regulations -
“authorised officer” shall be construed in accordance with Regulation 50(1);
“competent authority” means the body designated as the competent authority under Regulation 5;
“decked vessel” means a fishing vessel -
(a) having a fixed structural deck covering the entire hull above the deepest operating waterline, and
(b) which, if fitted with any open well or cockpit in the deck referred to in paragraph (a), that open well or cockpit, if flooded, does not endanger the fishing vessel;
“direction” has the meaning assigned to it by Regulation 52(1);
“Directive” means Council Directive (EU) 2017/159 of 19 December 20161 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche);
“existing vessel” means a fishing vessel that is not a new fishing vessel;
“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;
“fisherman’s work agreement” means a contract of employment or other similar arrangement, or any other contract governing a fisherman’s living and working conditions on board a fishing vessel;
“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;
“length” means 96 per cent of the total length on a waterline at 85 per cent of the least depth, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that length is greater. In vessels designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
“master” means the fisherman having command of a fishing vessel;
“Minister” means the Minister for Transport, Tourism and Sport;
“new fishing vessel” means a decked vessel for which -
(a) the building or major conversion contract has been placed on or after 16 November 2017,
(b) the building or major conversion contract has been placed before 16 November 2017 and which is delivered three years or more after that date; or
(c) in the absence of a building contract, on or after 16 November 2017 -
(i) the keel is laid,
(ii) construction identifiable with a specific vessel begins, or
(iii) assembly has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material, whichever is less;
“notice of detention” has the meaning assigned to it by Regulation 51(2);
“officer” means a fisherman who is designated as an officer in the safe manning document issued to the owner of the fishing vessel by the competent authority;
“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;
“Regulations of 1999” means the Safety, Health and Welfare at Work (Fishing Vessels) Regulations, 1999 ( S.I. No. 325 of 1999 );
“Regulations of 2007” means the Merchant Shipping (Safety of Fishing Vessels) (15-24 Metres) Regulations 2007 ( S.I. No. 640 of 2007 ).
(2) Unless the context otherwise requires, where reference is made in these Regulations to “adequate”, “appropriate” or “suitable”, in relation to accommodation requirements, the accommodation, equipment or fitting referred to shall be deemed to be adequate, appropriate or suitable, as the case may be -
(a) if it is in compliance with standards or specifications that have been formulated or recommended by the National Standards Authority of Ireland and are applied by the competent authority having regard to the size of the fishing vessel, the number of fishermen on board, and the nature and duration of the voyage, or
(b) if, in respect of equipment that is marine equipment falling within the scope of the European Union (Marine Equipment) Regulations 2017 ( S.I. No. 177 of 2017 ), the equipment is in compliance with the requirements of those Regulations.
(3) 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: These Regulations apply to fishing vessels that are engaged in sea fishing.
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paragraphs: These Regulations are without prejudice to the Regulations of 1999 and the Regulations of 2007.
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paragraphs: That part of the Department of Transport, Tourism and Sport which is known as the Marine Survey Office is designated as the competent authority in the State for the purposes of Articles 21, 22, 23, 24 and 25 and Annex II of the Annex to the Directive, and Article 3 of the Directive (in so far as that Article relates to those provisions) and these Regulations.
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paragraphs: The master shall ensure that the accommodation on board the fishing vessel is maintained in a hygienic, safe, healthy and comfortable condition appropriate to the service of the vessel and the length of time the fishermen live on board.
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paragraphs: (1) In this Regulation, “feeder vessel” means a vessel which is launched from, and recovered to, a mother fishing vessel.
(2) Where a feeder vessel does not have appropriate accommodation and sanitary facilities on board the vessel, the owner of the mother fishing vessel shall ensure that a fisherman on the feeder vessel is provided with accommodation and sanitary facilities on board the mother fishing vessel.
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paragraphs: (1) The master shall ensure that -
(a) the food carried and served on board the fishing vessel shall be of suitable nutritional value, and of sufficient quality and quantity having regard to -
(i) the number of fishermen on board,
(ii) the nature and duration of the voyage, and
(iii) the religious requirements and cultural practices of the fishermen on board in relation to food,
and
(b) the drinking water provided on board the fishing vessel shall be of sufficient quality and quantity having regard to the number of fishermen on board the vessel and the nature and duration of the voyage.
(2) The owner shall, subject to paragraph (3), provide food and water on board at no cost to a fisherman.
(3) The cost of providing food and water on board may be recovered by the owner from a fisherman as an operational cost where this is provided for in a collective agreement governing a share system of the fisherman concerned or in the fisherman’s work agreement.
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paragraphs: The owner of an existing vessel of 24 metres in length and over shall ensure that not later than two years after the coming into operation of these Regulations the sleeping rooms in the fishing vessel meet the following requirements:
(a) sleeping rooms shall be -
(i) of sufficient size and quality and appropriately equipped for the service of the vessel and the length of time fishermen live on board, and
(ii) so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness,
(b) equipment to be provided in sleeping rooms shall include berths and individual lockers that are of sufficient size for putting clothing and other personal effects,
(c) the maximum number of persons to be accommodated in any sleeping room shall be legibly and indelibly marked in a place in the room where it can be conveniently seen,
(d) mattresses shall be of a suitable material, and
(e) local lighting shall be provided in each berth.
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paragraphs: (1) This Part applies to -
(a) a new fishing vessel of 15 metres in length overall (Loa) and over but less than 24 metres in length, and
(b) an existing decked vessel of 15 metres in length overall (Loa) and over but less than 24 metres in length where the accommodation is substantially altered or reconstructed on or after 16 November 2017.
(2) In this Regulation, “length overall (Loa)” means the length measured in a straight line from the fore part of the stem at top to the aftermost tide of the transom or stern contour.
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paragraphs: Where a fishing vessel -
(a) changes the flag it flies on or after 16 November 2017 to the flag of the State, and
(b) it is a vessel referred to in Regulation 10(1)(a) or (b),
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paragraphs: An owner of a fishing vessel to which this Part applies shall ensure that the accommodation on the fishing vessel meets the requirements of this Part.
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paragraphs: Before -
(a) the construction of a fishing vessel referred to in Regulation 10(1)(a) commences, or
(b) the accommodation of an existing vessel referred to in Regulation 10(1)(b) is substantially altered or reconstructed,
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paragraphs: Sufficient drainage shall be provided in accommodation spaces.
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paragraphs: (1) Ventilation arrangements or other measures shall be such as to protect non-smokers from tobacco smoke.
(2) Where sleeping spaces have natural light, a means of blocking light shall be provided.
(3) Adequate reading light shall be provided for every berth in addition to the normal lighting of the sleeping room.
(4) Emergency lighting shall be provided in sleeping rooms.
(5) Where the fishing vessel is not fitted with emergency lighting in mess rooms, passageways, and any other spaces that are or may be used for emergency escape, permanent night lighting shall be provided in such spaces.
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paragraphs: (1) The number of persons allowed to occupy each sleeping room shall not be more than six.
(2) A separate sleeping room or sleeping rooms shall be provided for officers, wherever practicable.
(3) Local lighting shall be provided in each berth.
(4) Sleeping accommodation shall be situated or equipped, as practicable, so as to provide appropriate levels of privacy for men and women.
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paragraphs: (1) Mess rooms shall in no case be located forward of the collision bulkhead.
(2) Facilities for making hot and cold drinks shall be available and accessible to fishermen at all times.
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paragraphs: (1) Sanitary facilities shall allow for reasonable privacy.
(2) Floors in sanitary accommodation shall have a non-slip deck covering.
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paragraphs: (1) Eating utensils, bedding and other linen that are of sufficient quantity, quality and cleanliness shall be provided to all fishermen on board.
(2) The cost of linen (other than bedding) may be recovered by the owner from a fisherman as an operational cost where this is provided for in a collective agreement governing the share system of the fisherman concerned or in the fisherman’s work agreement.
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paragraphs: Every fisherman on board shall be given reasonable access to communication facilities, to the extent practicable, at a reasonable cost and not exceeding the full cost to the owner.
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paragraphs: Containers of butane or propane gas used for cooking purposes in a galley shall be kept on the open deck and in a shelter which is designed to protect them from external heat sources and external impact.
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paragraphs: (1) Accommodation shall be maintained in a clean and habitable condition and the accommodation shall be kept free of goods and stores which are not the personal property of the occupants or for their safety or rescue.
(2) Galley and food storage facilities shall be maintained in a hygienic condition.
(3) Waste shall be kept in closed, well-sealed containers and removed from food handling areas whenever necessary.
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paragraphs: A place for hanging foul-weather gear and other personal protective equipment shall be provided outside of, but convenient to, sleeping rooms.
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paragraphs: A suitable place for provisions shall be provided which has adequate capacity and which can be kept dry, cool and well ventilated in order to avoid deterioration of the stores. Refrigerators or other low temperature storage shall be used, where possible.
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paragraphs: This Part applies to -
(a) a new fishing vessel of 24 metres in length and over, and
(b) an existing decked vessel of 24 metres in length and over where the accommodation is substantially altered or reconstructed on or after 16 November 2017.
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paragraphs: Where a fishing vessel -
(a) changes the flag it flies on or after 16 November 2017 to the flag of the State, and
(b) it is a vessel referred to in Regulation 25(a) or (b),
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paragraphs: An owner of a fishing vessel to which this Part applies shall ensure that the accommodation on the fishing vessel meets the requirements of this Part.
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paragraphs: Before -
(a) the construction of a fishing vessel referred to in Regulation 25(a) commences, or
(b) the accommodation of an existing vessel referred to in Regulation 25(b) is substantially altered or reconstructed,
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paragraphs: The minimum permitted headroom in all accommodation where full and free movement is necessary shall not be less than 200 centimetres.
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paragraphs: (1) There shall be no direct openings, except for the purposes of emergency escape, into sleeping rooms from fish rooms and machinery spaces or from galleys, storerooms, drying rooms or communal sanitary areas.
(2) That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or another approved material and shall be watertight and gas tight.
(3) Paragraphs (1) and (2) do not exclude the possibility of sanitary areas being shared between two cabins.
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paragraphs: (1) Accommodation spaces shall be adequately insulated.
(2) The material used to construct internal bulkheads, panelling and sheeting, and floors and joinings shall be suitable for the purpose and shall be conducive to ensuring a healthy environment.
(3) Sufficient drainage shall be provided in all accommodation spaces.
(4) All practicable measures shall be taken to protect accommodation on board fishing vessels against flies and other insects, particularly when vessels are operating in mosquito-infested areas.
(5) Emergency escapes from all accommodation spaces shall be provided as necessary.
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paragraphs: (1) Accommodation shall be equipped with a system of ventilation which shall be controlled so as to maintain the air in a satisfactory condition and to ensure sufficiency of air movement in all weather conditions and climates.
(2) Ventilation systems shall be in operation at all times when fishermen are on board.
(3) Ventilation arrangements or other measures shall be such as to protect non-smokers from tobacco smoke.
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paragraphs: (1) Adequate heat shall be provided, through an appropriate heating system, except in fishing vessels operating exclusively in tropical climates.
(2) The system of heating referred to in paragraph (1) shall provide heat in all conditions, as necessary, and shall be in operation when fishermen are living or working on board and when conditions so require.
(3) Air conditioning shall be provided in accommodation spaces, the bridge, the radio room and any centralised machinery control room.
(4) The requirement in paragraph (3) does not apply to vessels regularly engaged in areas where temperature climatic conditions do not require air conditioning.
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paragraphs: (1) All accommodation spaces shall be provided with adequate light.
(2) Where practicable, accommodation spaces shall be lit with natural light in addition to artificial light.
(3) Where sleeping spaces have natural light, a means of blocking the light shall be provided.
(4) Adequate reading light shall be provided for every berth in addition to the normal lighting of the sleeping room.
(5) Emergency lighting shall be provided in sleeping rooms.
(6) Where the fishing vessel is not fitted with emergency lighting in mess rooms, passageways, and any other spaces that are or may be used for emergency escape, permanent night lighting shall be provided in such spaces.
(7) In any part of the accommodation space available for free movement, the minimum standard for lighting shall be such as to permit a person with normal vision to read an ordinary printed newspaper on a clear day.
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paragraphs: Where the design, dimensions and purpose of the vessel allow, the sleeping accommodation shall be located so as to minimise the effects of motion and acceleration but shall in no case be located forward of the collision bulkhead.
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paragraphs: (1) For vessels of 24 metres in length and over but which are less than 45 metres in length, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than 1.5 square metres.
(2) For vessels of 45 metres in length and over, the floor area per person of sleeping rooms, excluding space occupied for berths and lockers, shall not be less than 2 square metres.
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paragraphs: (1) The number of persons allowed to occupy each sleeping room shall not be more than four.
(2) Sleeping rooms for officers shall be for one person wherever possible and in no case shall the sleeping room contain more than two berths.
(3) An owner may apply to the competent authority for an exemption from the requirement to comply with paragraph (1) or paragraph (2), as the case may be, in respect of his or her fishing vessel.
(4) An application under paragraph (3) shall be made in writing and shall state the reason why, in the opinion of the owner, having regard to the size, type or intended service of the fishing vessel concerned, the grant of an exemption is required.
(5) Upon receipt of an application made in accordance with paragraph (4), the competent authority may, if it is satisfied that the size, type or intended service of the fishing vessel would make the requirement set out in paragraph (1) or the requirements set out in paragraph (2) unreasonable or impracticable to comply with in respect of the fishing vessel concerned, grant an exemption from the requirement to comply with paragraph (1) or (2), as the case may be.
(6) The competent authority shall notify the owner in writing of its decision and the notice shall specify the reasons for that decision.
(7) Where the competent authority grants an exemption under paragraph (5) the notice shall specify -
(a) the date on which it takes effect, and
(b) the terms on which the exemption is granted.
(8) On giving reasonable notice to the owner, the competent authority may -
(a) where it considers that the terms on which the exemption was granted are not being complied with, or
(b) for reasons concerning the protection of the health or safety of the fishermen on board,
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paragraphs: (1) The maximum number of persons to be accommodated in any sleeping room shall be legibly and indelibly marked in a place in the room where it can be conveniently seen.
(2) Individual berths, the minimum inside dimensions of which shall not be less than 198 by 80 centimetres, shall be provided.
(3) The mattresses shall be of a suitable material.
(4) Local lighting shall be provided in each berth.
(5) Sleeping rooms shall be planned and equipped so as to ensure reasonable comfort for the occupants and to facilitate tidiness.
(6) Equipment provided shall include berths, individual lockers sufficient for clothing and other personal effects, and a desk suitable for writing, with a chair.
(7) Sleeping accommodation shall be situated or equipped, as practicable, so as to provide appropriate levels of privacy for men and women.
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paragraphs: (1) Mess rooms shall be as close as possible to the galley, but in no case shall a mess room be located forward of the collision bulkhead.
(2) Mess room accommodation shall be separate from sleeping quarters.
(3) The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time.
(4) A refrigerator of sufficient capacity and facilities for making hot and cold drinks shall be available and accessible to fishermen at all times.
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paragraphs: (1) Sanitary facilities, which include toilets, washbasins and tubs or showers, shall be provided for all persons on board, as appropriate for the service of the vessel.
(2) The facilities referred to in paragraph (1) shall meet at least minimum standards of health and hygiene and reasonable standards of quality.
(3) The sanitary accommodation shall be such as to eliminate contamination of other spaces.
(4) The sanitary facilities shall allow for reasonable privacy.
(5) Hot and cold running fresh water shall be available to all fishermen and other persons on board in sufficient quantities to allow for proper hygiene.
(6) Sanitary facilities shall be fitted with ventilation to the open air, independent of any other part of the accommodation.
(7) All surfaces in sanitary accommodation shall be such as to facilitate easy and effective cleaning.
(8) Floors in sanitary accommodation shall have a non-slip deck covering.
(9) For all fishermen who do not occupy rooms to which sanitary facilities are attached, there shall be provided at least one tub or shower or both, one toilet and one washbasin for every four persons or fewer.
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paragraphs: (1) Adequate facilities for washing, drying and ironing clothes shall be provided.
(2) For vessels of 45 metres in length and over, adequate facilities for washing, drying and ironing clothes shall be provided in a compartment separate from sleeping rooms, mess rooms and toilets and shall be adequately ventilated, heated and equipped with lines or other means for drying clothes.
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paragraphs: A place for hanging foul-weather gear and other personal protective equipment shall be provided outside of, but convenient to, sleeping rooms.
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paragraphs: (a) Eating utensils, bedding and other linen that are of sufficient quality, quantity and cleanliness shall be provided to all fishermen on board.
(b) The cost of linen (other than bedding) may be recovered by the owner from a fisherman as an operational cost where this is provided for in a collective agreement governing the share system of the fisherman concerned or in the fisherman’s work agreement.
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paragraphs: (1) Appropriate recreational facilities, amenities and services shall be provided for all fishermen on board.
(2) Where appropriate, mess rooms may be used for recreational activities.
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paragraphs: Every fisherman on board shall be given reasonable access to communications facilities to the extent practicable and at a reasonable cost that does not exceed the cost to the owner.
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paragraphs: (1) There shall be a separate galley.
(2) The galley shall be of adequate size for its purpose and it shall be well-lit and ventilated, and properly equipped and maintained.
(3) Containers of butane or propane gas used for cooking purposes in a galley shall be kept on the open deck and in a shelter which is designed to protect them from external heat sources and external impact.
(4) A suitable place that has adequate capacity which can be kept dry, cool and well ventilated in order to avoid deterioration of stores shall be provided for provisions. Refrigerators or other low temperature storage shall be used, where possible.
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paragraphs: (1) Accommodation shall be maintained in a clean and habitable condition and the accommodation shall be kept free of goods and stores which are not the personal property of the occupants or for their safety or rescue.
(2) Galley and food storage facilities shall be maintained in a hygienic condition.
(3) Waste shall be kept in closed, well-sealed containers and removed from food handling areas whenever necessary.
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paragraphs: (1) The master shall carry out weekly inspections to ensure that -
(a) the accommodation on board the fishing vessel is clean, decently habitable and safe and is maintained in a good state of repair,
(b) food and water supplies are sufficient, and
(c) galley and food storage spaces and equipment are hygienic and in a proper state of repair.
(2) The master shall record the results of an inspection carried out under paragraph (1) and, where the inspection found deficiencies in the requirements of paragraph (1)(a), (b) or (c), the record shall detail the actions taken to address those deficiencies.
(3) The owner shall -
(a) retain the record of the results of an inspection referred to in paragraph (2) for a period of at least one year from the date of the inspection, and
(b) ensure that the record is made available for inspection by an authorised officer.
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paragraphs: (1) The owner shall ensure that there is available to a fisherman on that fishing vessel a procedure (in this Regulation referred to as a “dispute resolution procedure”) for submitting a complaint concerning accommodation that does not meet the requirements of these Regulations and, where applicable, the requirements referred to in paragraph (7), and for resolving fairly, effectively and expeditiously any disputes arising from the complaint.
(2) The dispute resolution procedure shall -
(a) seek to have the matter resolved on board the fishing vessel,
(b) enable the fisherman to make a complaint directly to the owner, the master or the competent authority, and
(c) include the right of a fisherman to be accompanied or represented during the course of the procedure.
(3) The owner shall ensure that a fisherman joining the fishing vessel has been provided with -
(a) a copy of the dispute resolution procedure, and
(b) the contact information for the competent authority.
(4) A fisherman may make a complaint to the competent authority alleging a breach of the requirements of these Regulations or, where applicable, the requirements referred to in paragraph (7) and the competent authority shall treat the source of the information provided in the complaint as confidential.
(5) On receipt of a complaint under paragraph (4) the competent authority may nominate an authorised officer to investigate the complaint.
(6) An authorised officer nominated by the competent authority under paragraph (5) may, without prejudice to his or her powers under Regulation 50(2), while the fishing vessel concerned is in the State -
(a) board the fishing vessel for the purposes of investigating a complaint made under paragraph (4), and
(b) facilitate negotiations between the fisherman and the owner or the master, as appropriate, for the purposes of resolving the complaint.
(7) A complaint made under the dispute resolution procedure or made to the competent authority under paragraph (4) may -
(a) in respect of accommodation on a fishing vessel to which Part 4 applies, include a complaint that the accommodation does not meet the accommodation requirements that are applicable to such a vessel under the Regulations of 2007, and