European Union (International Labour Organisation Work in Fishing Convention) (Working Hours) Regulations 2019.
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) (Working Hours) Regulations 2019.
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paragraphs: (1) In these Regulations -
“authorised officer” has the meaning assigned to it by Regulation 11(1);
“competent authority” means the body designated as the competent authority under Regulation 5;
“direction” has the meaning assigned to it by Regulation 13;
“Directive” means Council Directive (EU) 2017/159 of 19 December 20161 ;
“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 the fishing vessel;
“Minister” means the Minister for Transport, Tourism and Sport;
“notice of detention” has the meaning assigned to it by Regulation 12;
“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.
(2) A word or expression which is used in these Regulations and which 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 engaged in sea fishing.
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paragraphs: The European Communities (Workers on Board Sea-Going Fishing Vessels) (Organisation of Working Time) Regulations 2003 ( S.I. No. 709 of 2003 ) shall not apply to a worker to whom these Regulations apply.
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paragraphs: The Marine Survey Office is designated as the competent authority in the State for the purposes of Article 11 of the Annex to the Directive.
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paragraphs: An owner or master shall not permit a fisherman to work more than an average of 48 hours a week, calculated over a reference period that does not exceed 12 months.
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paragraphs: (1) A fisherman on board a fishing vessel shall not be required to work in excess of -
(a) 14 hours in any 24 hour period, and
(b) 72 hours in any 7 day period.
(2) A fisherman on board a fishing vessel shall have not less than -
(a) 10 hours rest in any 24 hour period, and
(b) 77 hours rest in any 7 day period.
(3) The hours of rest referred to in paragraph (2)(a) may be provided in 2 rest periods where -
(a) one rest period is at least 6 consecutive hours, and
(b) the interval between the first and the second rest period does not exceed 14 hours.
(4) An owner shall comply with paragraphs (1) and (2) in respect of every fisherman on board the fishing vessel.
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paragraphs: (1) An owner may apply to the competent authority for an exemption from the requirement to comply with Regulation 6 or 7.
(2) An application under paragraph (1) shall be in writing and shall contain details of the objective or technical reasons or reasons concerning the organisation of work which, in the opinion of the owner, require the grant of an exemption under paragraph (3).
(3) In accordance with the general principles of the protection of the health and safety of workers, the competent authority may, on application in that behalf, for objective or technical reasons or reasons concerning the organisation of work, grant an exemption to an owner from the requirement to comply with Regulation 6 or 7.
(4) An exemption granted under paragraph (3) shall comply with the requirements of Regulation 6 and 7 as far as possible, however those requirements may be varied by the competent authority having regard to the possible provision of more frequent or longer leave periods and the availability of compensatory rest.
(5) Before granting an exemption under paragraph (3), the competent authority shall consult representatives of the employer and the fishermen concerned.
(6) Where an exemption is granted by the competent authority under paragraph (3), it shall notify the owner in writing and the notice shall:
(a) specify the date on which it takes effect;
(b) specify the terms on which it is granted;
(c) require the owner to provide the fishermen concerned with compensatory rest as soon as practicable.
(7) Where the competent authority decides to refuse to grant an exemption under paragraph (3), the competent authority shall notify the owner in writing and the notice shall specify the reasons for that decision.
(8) On giving reasonable notice to the owner, the competent authority may for objective or technical reasons or reasons concerning the protection of the health and safety of workers or the organisation of work, vary or revoke an exemption granted under paragraph (3) and the notice shall specify the reasons for that decision.
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paragraphs: (1) The master may suspend the scheduled hours of rest of a fisherman and require him or her to perform any hours of work necessary for the immediate safety of the vessel, the persons on board or the catch, or for the purpose of giving assistance to other boats or ships or persons in distress at sea.