MERCHANT SHIPPING PART 1 INTRODUCTORY Citation and commencement 1 These Regulations may be cited as the Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999 and shall come into force on 1st December 1999. Interpretation 2 In these Regulations— “ 1975 Rules ” means the Fishing Vessels (Safety Provisions) Rules 1975 ; “ 1988 Regulations ” means the Fishing Vessels (Life Saving Appliances) Regulations 1988 ; “British sea-fishery officer” means the persons referred to in section 7 of the Sea Fisheries Act 1968 ; “ Council Directive ” means Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over; “ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; “ EEA State ” means a State which is a Contracting Party to the EEA Agreement; “exclusive economic zone” means the area beyond and adjacent to the territorial sea not extending beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured; “existing fishing vessel” means a fishing vessel which is not a new fishing vessel; “flag State” means the State whose flag the ship flies; “heavy drift ice” means drift ice covering 80% or more of the sea surface; “inspector” means any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under these Regulations; “length” means, unless provided otherwise, 96% of the total length on a waterline at 85% of the least moulded depth measured from the keel line, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline; “ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions; “ Merchant Shipping Notice ” means a Notice described as such and issued by the MCA; “new fishing vessel” means a fishing vessel for which: on or after 1st January 1999 the building or major conversion contract is placed; the building or major conversion contract has been placed before 1st January 1999, and which is delivered three years or more after that date; or in the absence of a building contract, on or after 1st January 1999: the keel is laid, construction identifiable with a specific ship begins, or assembly has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less; “ Northern Region ” means the waters north of the boundary defined by the parallel of latitude 62°N from the west coast of Norway to latitude 4°W, thence the meridian of longitude 4°W to latitude 60°30'N, thence the parallel of latitude 60°30'N to longitude 5°W, thence the meridian of longitude 5°W to latitude 60°N, thence the parallel of latitude 60°N to longitude 15°W, thence the meridian of longitude 15°W to latitude 62°N, thence the parallel of latitude 62°N to longitude 27°W, thence the meridian of longitude 27°W to latitude 59°N and thence the parallel of latitude 59°N to the west, excluding the Baltic Sea; “operating” means catching or catching and processing fish or other living resources of the sea without prejudice to the right of innocent passage in the territorial sea and the freedom of navigation in the exclusive economic zone; “ Southern Region ” means the Mediterranean Sea and the coastal areas, within 20 miles from the coast of Spain and Portugal, of the summer zone of the Atlantic Ocean, as defined on the “Chart of zones and seasonal areas” in Annex II to the 1966 International Convention on Load Lines, as amended ; “third party fishing vessel” means a fishing vessel flying the flag of a State which is not an EEA State; “ Torremolinos Protocol ” means the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977 , together with the amendments thereto; “United Kingdom fishing vessel” means a fishing vessel registered in the United Kingdom, and “new United Kingdom fishing vessel” means such a vessel which is a new fishing vessel. Amendment of Regulations 3 1 The Fishing Vessels (Safety Provisions ) Rules 1975 shall be amended in accordance with Schedule 1 to these Regulations. 2 The Fishing Vessels (Life Saving Appliances) Regulations 1988 shall be amended in accordance with Schedule 2 to these Regulations. Purpose 4 The purpose of these Regulations is to implement the Council Directive. Application 5 1 Subject to paragraph (2) below, these Regulations apply to fishing vessels of 24 metres or more in length. 2 a Parts II and V apply only to United Kingdom fishing vessels. b Part III applies only to fishing vessels which are not United Kingdom fishing vessels. PART II UNITED KINGDOM FISHING VESSELS OF 24 METRES OR MORE IN LENGTH General compliance with Torremolinos Protocol 6 New and existing United Kingdom fishing vessels shall comply with the requirements of Chapters II to VIII and X of the Annex to the Torremolinos Protocol, subject to the modifications set out in Schedule 3 hereto, appropriate to new and existing fishing vessels respectively. Standards for design, construction and maintenance 7 In complying with the requirements of these Regulations, as respects construction or maintenance relating to hull, machinery, electrical installations and control installations, United Kingdom fishing vessels shall comply with the approved standards listed in Merchant Shipping Notice No. M. 1672 relevant to those requirements. Repairs, alterations and modifications 8 1 Subject to paragraph (2), an existing fishing vessel which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with the requirements in the 1975 Rules and the 1988 Regulations previously applicable to such a vessel. 2 Repairs, alterations and modifications of a major character and outfitting related thereto shall meet the requirements in these Regulations for a new vessel only to the extent of such repairs, alterations and modifications and in so far as those requirements are, in the opinion of the Secretary of State, reasonable and practicable. Surveys 9 1 Every fishing vessel shall be subject to survey in accordance with Regulation 6 of Chapter I of the Annex to the Torremolinos Protocol. 2 All such surveys shall be carried out by the MCA or any person who may be appointed by the Secretary of State to carry out such surveys, or any part thereof, on his behalf. Issue of certificates 10 1 If the Secretary of State is satisfied that a fishing vessel complies with regulations 6 and 7 he shall issue a certificate of compliance with the terms of these Regulations, supplemented by a record of equipment and, where appropriate, exemption certificates. The certificate of compliance, record of equipment and exemption certificate shall be in the form set out in Annex V to the Council Directive. 2 The periods of validity of the certificates referred to in paragraph (1) shall not exceed those established in Regulation 11 of Chapter I of the Annex to the Torremolinos Protocol. Renewal of the certificate of compliance shall be issued after periodical surveys, in accordance with Regulation 6 of Chapter I of the Annex to the Torremolinos Protocol, have been carried out. Cancellation of certificates etc. 11 1 The Secretary of State may cancel a certificate issued to a United Kingdom fishing vessel where he has reason to believe the certificate was issued on false or erroneous information. 2 The Secretary of State may require that a certificate issued to a United Kingdom fishing vessel which has expired, ceased to be valid pursuant to Regulation II(3) (a) or (b) of the Torremolinos Protocol or has been cancelled, be surrendered as directed. 3 No person shall: a intentionally alter a certificate referred to in these Regulations; b intentionally make a false certificate referred to in these Regulations; c in connection with any survey required by these Regulations, knowingly or recklessly furnish false information; d with intent to deceive, use, lend, or allow to be used by another, a certificate referred to in these Regulations; e fail to surrender a certificate required to be surrendered under paragraph (2) above; or f in Scotland, forge any certificate referred to in these Regulations. Availability of certificates 12 A certificate issued under these Regulations shall be readily available on board for inspection at all times. Prohibition on proceeding to sea without certificate 13 1 No United Kingdom fishing vessel shall proceed to sea without a valid certificate referred to in regulation 10 above. 2 The skipper of any United Kingdom fishing vessel shall on demand produce to any officer of customs and excise or of the Secretary of State or to any British sea-fishery officer any certificate required by these Regulations; and the fishing vessel may be detained until the certificate is so produced. Penalties 14 1 Any contravention of regulation 6 or 7 shall be an offence by the owner and skipper, punishable on summary conviction by a maximum fine of an amount not exceeding level 5 on the standard scale. 2 If any United Kingdom fishing vessel goes, or attempts to go, to sea without a valid certificate referred to in regulation 10 above then the owner and skipper shall each be guilty of an offence, punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine. Exemptions 15 1 The Secretary of State may exempt any United Kingdom fishing vessel which embodies features of a novel kind from any of the requirements of Chapters II, III , IV , V, and VII of the Annex to the Torremolinos Protocol as modified by Schedule 3 hereto, the application of which might seriously impede research into the development of such features and their incorporation in vessels. Any such vessel shall, however, comply with safety requirements which, in the opinion of the Secretary of State, are adequate for the service for which it is intended and are such as to ensure the overall safety of the vessel. 2 The Secretary of State may exempt any United Kingdom fishing vessel engaged solely in fishing near the coast of the United Kingdom from any of the requirements of these Regulations if he consider that their application is unreasonable and impracticable in view of the distance of the vessel’s operating area from its port of departure in the United Kingdom, the type of vessel, the weather conditions and the absence of general navigational hazards, provided that it complies with safety requirements which, in the opinion of the Secretary of State, are adequate for the service for which it is intended and are such as to ensure the overall safety of the vessel. Equivalents 16 1 Where these Regulations require that the hull or machinery of a ship shall be constructed in a particular manner, or that particular equipment shall be provided, or that particular provisions shall be made, the Secretary of State shall permit the hull or machinery of the ship to be constructed in any other manner, or any other equipment to be provided or other provision made, if he is satisfied by trial thereof or otherwise that such other construction, equipment or provision is at least as effective as that required by these Regulations. 2 For the purposes of these Regulations, the results of a verification or test shall be accepted if the verification or test is carried out— a in accordance with these Regulations or with a Standard, Code of Practice, specification or technical description of an EEA State other than the United Kingdom offering equivalent levels of safety, suitability and fitness for the purpose; and b by a body or laboratory of an EEA State other than the United Kingdom offering suitable and satisfactory guarantees of technical and professional competence and independence. PART III NON-UNITED KINGDOM FISHING VESSELS Control provisions 17 1 Fishing vessels operating in United Kingdom waters or landing their catch in the United Kingdom shall be subject to control by an inspector in accordance with Article 4 of the Torremolinos Protocol and without discrimination with regard to flag or nationality of the operator, in order to verify that they comply with the Council Directive. 2 Fishing vessels, which are not operating in United Kingdom waters nor landing their catch in the United Kingdom and flying the flag of another EEA State, shall be subject to control by an inspector when in United Kingdom ports, in accordance with Article 4 of the Torremolinos Protocol and without discrimination with regard to flag or nationality of the operator, in order to verify that they comply with the Council Directive. 3 Fishing vessels flying the flag of a third State, which are not operating in United Kingdom waters nor landing their catch in the United Kingdom, shall be subject to control by an inspector when in United Kingdom ports in accordance with Article 4 of the Torremolinos Protocol, in order to verify their compliance with the Torremolinos Protocol, once it has entered into force. PART IV DETENTION Detention 18 1 In any case where a United Kingdom fishing vessel does not comply with the requirements of regulation 6 or 7, it shall be liable to be detained. 2 Where the steps taken by an inspector carrying out the control provisions of Part III involve detention of the vessel, or in the event of detention under paragraph (1), then section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the vessel, subject to the modification that for the words “this Act”, wherever they appear, there shall be substituted “the Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999”. PART V AMENDMENT OF LEGISLATION Fishing vessel certificates 19 Any reference in an enactment (other than Chapter II of Part V of the Merchant Shipping Act 1995), in whatever form, to a fishing vessel certificate under section 123 of the Merchant Shipping Act 1995 shall include a reference to a certificate issued, or required to be in force, under regulation 10. Signed by authority of the Secretary of State Keith Hill Parliamentary Under-Secretary of State Department of the Environment, Transport and the Regions 28th October 1999