STATUTORY INSTRUMENTS.

S.I. No. 169 of 1999.

MERCHANT SHIPPING (INTERNATIONAL SAFETY MANAGEMENT) (AMENDMENT) REGULATIONS, 1999.

S.I. No. 169 of 1999.

MERCHANT SHIPPING (INTERNATIONAL SAFETY MANAGEMENT) (AMENDMENT) REGULATIONS, 1999.

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 11 of the Merchant Shipping Act, 1947 ( No. 46 of 1947 ) as amended by the Merchant Shipping Act, 1947 (Section 11) (Amendment) Order, 1994 ( S.I. No. 346 of 1994 ) and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ) as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ), and for the purpose of giving effect to the provisions of Chapter IX of the Annex to the International Convention for the Safety of Life at Sea, 1974 which entered into force on the 1st day of July, 1998 hereby make the following Regulations:

Citation and Commencement.

1. These Regulations may be cited as the Merchant Shipping (International Safety Management) (Amendment) Regulations, 1999.

Interpretation.

2. (1) In these Regulations, unless the context otherwise requires--

“Authorised Officer” means a person authorised by the Minister to perform the functions conferred on authorised officers by these Regulations (including an officer of an organisation recognised under Council Directive 94/57/EC¹ or of another Government to which SOLAS applies);

“The Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the Assembly of The International Maritime Organisation on the 4th day of November, 1993, the text of which is set out in the Schedule to these Regulations;

“Company” means the owner of a ship to which these Regulations apply and any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the ship-owner and who on assuming such responsibility has agreed to take over all the duties and responsibility imposed by the Code;

“Document of Compliance” means the document specified in Regulation 4(1) of Chapter IX of the annex to SOLAS;

“Irish ship” means a ship registered under the Merchant Shipping Acts 1894-1998.

“Minister” means the Minister for the Marine and Natural Resources;

“Safety Management Certificate” means the document specified in Regulation 4(3) of Chapter IX of the annex to SOLAS;

“Safety Management System” means a safety management system referred to in Article 1.4 of the Code;

“SOLAS” means the International Convention for the Safety of Life at Sea, its Protocol of 1978 and its amendments, in force on the 1st day of July, 1998;

“Surveyor of ships” means a person appointed by the Minister under the Merchant Shipping Acts, 1894 to 1998.

(2) A word or phrase that is used in these Regulations and is also used in the Code or in Chapter IX of the annex to SOLAS has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Code or, as the case may be, the said Chapter IX.

(3) In these Regulations--

(a) a reference to a Regulation is a reference to a Regulation of these Regulations, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Application.

3. (1) Subject to paragraphs (2) and (4), these Regulations apply to--

(a) Irish ships wherever they may be, and

(b) other ships while they are within the territorial seas of the State.

(2) These Regulations apply to--

(a)    (i) passenger ships, which engage in international voyages and

(ii) oil tankers, chemical tankers, gas carriers, bulk carriers, and cargo high-speed craft, of 500 tons or more, which engage in international voyages, and

(b) on and after the 1st day of July, 2002, to other cargo ships and mobile offshore drilling units, of 500 tons or more, which engage in international voyages.

(3) These Regulations apply to every company operating a ship to which these Regulations apply.

(4) These Regulations do not apply to those companies and ships to which Council Regulation (EC) No. 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)² applies.

Issue of Documents of Compliance and Safety Management Certificates.

4. (1) If the Minister is satisfied that a company operating a ship to which these Regulations apply complies with the Code, he or she, or if he or she so determines, an organisation recognised under/pursuant to Council Directive 94/57/EC and authorised by him or her in that behalf, shall issue a Document of Compliance to the company which shall remain in force for such period not exceeding 5 years as may be specified in the Document.

(2) If the Minister is satisfied that a ship to which these Regulations apply is operated by a company that holds a Document of Compliance and that the company and its shipboard management operate in accordance with the safety management system developed by the company the Minister shall, subject to such conditions, if any, as he or she may specify, issue in respect of the ship a Safety Management Certificate which shall remain in force for such period not exceeding 5 years as may be specified in the Certificate.

(3) Where a company operating ships to which these Regulations apply and that are registered in more than one country but at least one of which is registered in the State complies with the requirements of the Code, the Minister may, subject to such conditions, if any, as he or she specifies, accept a Document of Compliance issued by one of those countries to which SOLAS applies in respect of any of the ships not registered in the State, if prior to the issue of that document he or she has agreed to accept it and the Document shall be deemed, for the purposes of these Regulations, to have been issued by the Minister.

(4) Where a company newly registers a ship in the State, the Minister may, subject to such conditions as he or she specifies, accept a Document of Compliance, issued by the Government of a country to which SOLAS applies and in which ships operated by the company are registered, if prior to the issue of that document he or she has agreed to accept it, and the Document shall be deemed, for the purposes of these Regulations, to have been issued by the Minister.

(5) If the Minister is satisfied that an Irish ship is operated by a company that has a Document of Compliance that has been accepted under paragraph (3) or (4) and that its shipboard management operates in accordance with a safety management system that complies with the Code, or he or she shall issue in respect of the ship a Safety Management Certificate which shall remain in force for such period not exceeding 5 years as may be specified in the certificate.

Prohibition of operation of ships where Document of Compliance or Safety Management Certificate not in force.

5. (1) A company shall not operate a ship to which these Regulations apply unless the company holds a Document of Compliance.

(2) A company shall not operate a ship to which these Regulations apply unless there is in force in respect of the ship a Safety Management Certificate.

(3) A company shall not operate an Irish ship unless--

(a) the company holds a Document of Compliance issued under these Regulations or accepted by the Minister, and

(b) there is in force in relation to the ship a Safety Management Certificate issued under these Regulations or accepted by the Minister.

(4) A ship to which these Regulations apply shall have on board its Safety Management Certificate and a copy of the Document of Compliance held by the company operating the ship.

Safety management systems.

6. A company that operates a ship to which these Regulations apply shall develop, implement and maintain a safety management system that complies with the Code.

Duty to comply with code.

7. A company shall comply with the requirements of the Code in so far as it applies to that company and to any ship owned by it or for which it has responsibility.

Powers of authorised officers.

8. (1) An authorised officer may, at such times as he or she considers appropriate, take steps in relation to a company to ascertain--

(a) whether the safety management system of the company is adequate and complies with the Code, and

(b) whether each ship to which these Regulations apply and which is operated by the company complies with the Code and whether the shipboard management of the ship operates in accordance with that system and whether there is in force a Safety Management Certificate in relation to the ship.

(2) If an authorised officer considers that a company is unable to operate its ships without creating a risk of--

(a) serious danger to safety of life,

(b) serious damage to property, or

(c) serious harm to the environment,

or if the company does not hold a Document of Compliance, he may suspend the operation of ships by the company until such time as any such risk is removed or a Document of Compliance is held by the company.

(3) If an authorised officer or a surveyor of ships is satisfied that there is a failure in relation to a ship to comply with Regulation 5 or, following an inspection of the ship, with Regulation 7 or 11(1) he or she may detain the ship until the failure is remedied and do all such things as may be necessary or expedient for the purposes of such detention.

(4) An authorised officer or a surveyor of ships may, for the purposes of these Regulations, enter and inspect a ship to which these Regulations apply.

Designated person.

9. (1) A company operating a ship to which these Regulations apply shall designate a person (“the designated person”) who shall be responsible for monitoring the operation of the ship with particular regard to the safety and efficiency of such operation and the necessity to avoid pollution and damage to the environment or to property, and to compliance with the company's safety and environmental protection policy established pursuant to the Code.

(2) In particular, the designated person shall--

(a) take such steps as are necessary to ensure compliance with the safety management system of the company, and

(b) ensure that proper provision is made for each ship to be so manned, equipped and maintained that it is fit to operate in accordance with the safety management system and with statutory requirements.

(3) The company shall ensure that the designated person--

(a) is provided with sufficient authority and resources, and

(b) has appropriate knowledge and sufficient experience of the operation of ships at sea and in port,

to enable him or her to comply with paragraphs (1) and (2).

Duties of companies.

10. It shall be the duty of a company operating a ship to which these Regulations apply--

(a) to ensure that the ship's Safety Management Certificate and a copy of the company's Document of Compliance is carried on board the ship;

and

(b) to establish a safety and environmental protection policy.

Duties of masters of ships.

11. (1) The master of a ship to which these Regulations apply shall operate the ship in accordance with the safety management system of the company concerned developed in accordance with the Code.

(2) If so requested by an authorised officer or a surveyor of ships the master of a ship to which these Regulations apply, or the persons acting as such master, shall produce to such officer or surveyor a copy of the Document of Compliance of the company concerned and the ship's Safety Management Certificate.

Issue and endorsement of Safety Management Certificate by another Government.

12. The Minister may request the Government of a country to which SOLAS applies--

(a) to conduct an audit of the safety management system operated onboard an Irish ship, and

(b) if satisfied that the requirements of the Code are complied with, to issue to the ship a Safety Management Certificate or authorise such issue or, where appropriate, endorse such certificate in accordance with the requirements of SOLAS after intermediate audit. A certificate issued in accordance with such a request shall contain a statement that it has been so issued and shall have the same effect as if it was issued by the Minister.

Issue of Documents and Certificates on behalf of other Governments.

13. The Minister may, at the request of a Government of a country to which SOLAS applies, audit the safety management systems of companies and ships registered in that country and, if satisfied that the requirements of the Code are complied with, and that the audit has been satisfactorily completed in accordance with these Regulations, issue to the company a Document of Compliance or, in respect of the ship a Safety Management Certificate, or where appropriate, endorse the document of Certificate in accordance with the requirements of SOLAS after annual or intermediate audits. A certificate issued in accordance with such a request shall contain a statement that it has been so issued and shall have the same effect as if it was issued by that Government and not by the Minister.

Annual audit of document of Compliance.

14. The Minister shall carry out an annual audit of the safety management system of every company to which he or she has issued a Document of Compliance, within three months of the anniversary date of the issue of the Document of Compliance.

Intermediate audit of Safety Management Certificate.

15. The Minister shall carry out an intermediate audit of each ship to which he or she has issued a Safety Management Certificate, to ensure that the conditions for the continued validity of the Certificate are being met, between the second and third anniversaries of the issue of the Certificate, and at other times if he or she thinks fit.

Renewal of Documents and Certificates.

16. Before the renewal of a Document of Compliance or a Safety Management Certificate, the Minister shall carry out a renewal audit of the company or ship during the period of six months preceding the expiry date of the Document or Certificate, as the case may be, to ensure that compliance with the requirements of the code is maintained.

Revocation.

17. The Merchant Shipping (International Safety Management) Regulations, 1998 ( S.I. No. 556 of 1998 ) are hereby revoked.

SCHEDULE

Resolution A.741(18)

Adopted on 4 November 1993

(Agenda item 11)

INTERNATIONAL MANAGEMENT CODE FOR THE SAFE OPERATION OF SHIPS AND FOR POLLUTION PREVENTION

(International Safety Management (ISM) Code)

THE ASSEMBLY,

RECALLING Article 15(j) of the Convention on the International Maritime Organization concerning the functions of the Assembly in relation to regulations and guidelines concerning maritime safety and the prevention and control of marine pollution from ships,

RECALLING ALSO resolution A.680(17), by which it invited Member Governments to encourage those responsible for the management and operation of ships to take appropriate steps to develop, implement and assess safety and pollution-prevention management in accordance with the IMO Guidelines on Management for the Safe Operation of Ships and for Pollution Prevention,

RECALLING ALSO resolution A.596(15), by which it requested the Maritime Safety Committee to develop, as a matter of urgency, guidelines, wherever relevant, concerning shipboard and shore-based management, and its decision to include in the work programme of the Maritime Safety Committee and the Marine Environment Protection Committee an item on shipboard and shore-based management for the safe operation of ships and for the prevention of marine pollution, respectively,

RECALLING FURTHER resolution A.441(XI), by which it invited every State to take the necessary steps to ensure that the owner of a ship which flies the flag of that State provides such State with the current information necessary to enable it to identify and contact the person contracted or otherwise entrusted by the owner to discharge his responsibilities for that ship in regard to matters relating to maritime safety and the protection of the marine environment,

RECALLING FURTHER resolution A.443(XI), by which it invited Governments to take the necessary steps to safeguard the shipmaster in the proper discharge of his responsibilities in regard to maritime safety and the protection of the marine environment,

RECOGNIZING the need for appropriate organization of management to enable it to respond to the need of those on board ships to achieve and maintain high standards of safety and environmental protection,

RECOGNIZING ALSO that the most important means of preventing maritime casualties and pollution of the sea from ships is to design, construct, equip and maintain ships and to operate them with properly trained crews in compliance with international conventions and standards relating to maritime safety and pollution prevention,

NOTING that the Maritime Safety Committee is developing requirements for adoption by Contracting Governments to the International Convention for the Safety of Life at Sea (SOLAS), 1974, which will make compliance with the Code referred to in operative paragraph 1 mandatory.

CONSIDERING that the early implementation of that Code would greatly assist in improving safety at sea and protection of the marine environment,

NOTING FURTHER that the Maritime Safety Committee and the Maritime Environment Protection Committee have reviewed resolution A.680(17) and the Guidelines annexed thereto in developing the Code,

HAVING CONSIDERED the recommendations made by the Maritime Safety Committee at its sixty-second session and by the Marine Environment Protection Committee at its thirty-fourth session,

1.  ADOPTS the International Management Code for the Safe Operaion of Ships and for Pollution Prevention (International Safety Management (ISM) Code), set out in the annex to the present resolution;

2.  STRONGLY URGES Governments to implement the ISM Code on a national basis, giving priority to passenger ships, tankers, gas carriers, bulk carriers and mobile offshore units which are flying their flags, as soon as possible but not later than 1 June 1998, pending development of the mandatory application of the Code;

3.  REQUESTS Governments to inform the Maritime Safety Committee and the Marine Environment Protection Committee of the action they have taken in implementing the ISM Code;

4.  REQUESTS the Maritime Safety Committee and the Marine Environment Protection Committee to develop Guidelines for the implementation of the ISM Code;

5.  REQUESTS ALSO the Maritime Safety Committee and the Marine Environment Protection Committee to keep the Code and its associated Guidelines under review and to amend them as necessary;

6.  REVOKES resolution A.680(17).

Annex

INTERNATIONAL MANAGEMENT CODE FOR THE SAFE OPERATION OF SHIPS AND FOR POLLUTION PREVENTION

(International Safety Management (ISM) Code)

SAFETY AND POLLUTION-PREVENTION MANAGEMENT REQUIREMENTS

Contents

PREAMBLE

1   The purpose of this Code is to provide an international standard for the safe manaement and operation of ships and for pollution prevention.

2   The Assembly adopted resolution A.443(XI), by which it invited all Governments to take the necessary steps to safeguard the shipmaster in the proper discharge of his responsibilities with regard to maritime safety and the protection of the marine environment.

3   The Assembly also adopted resolution A.680(17), by which it further recognized the need for appropriate organization of management to enable it to respond to the need of those on board ships to achieve and maintain high standards of safety and environmental protection.

4   Recognizing that no two shipping companies or shipowners are the same, and that ships operate under a wide range of different conditions, the Code is based on general principles and objectives.

5   The Code is expressed in broad terms so that it can have a widespread application. Clearly, different levels of management, whether shore-based or at sea, will require varying levels of knowledge and awareness of the items outlined.

6   The cornerstone of good safety management is commitment from the top. In matters of safety and pollution prevention it is the commitment, competence, attitudes and motivation of individuals at all levels that determines the end result.

1   GENERAL

1.1   Definitions

1.1.1  International Safety Management (ISM) Code means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the Organization.

1.1.2  Company means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the duties and responsibility imposed by the Code.

1.1.3   Administration means the Government of the State whose flag the ship is entitled to fly.

1.2   Objectives

1.2.1  The objectives of the Code are to ensure safety at sea, prevention of human injury or loss of life, and avoidance of damage to the environment, in particular to the marine environment, and to property.

1.2.2  Safety-management objectives of the Company should, inter alia:

.1   provide for safe practices in ship operation and a safe working environment;

.2   establish safeguards against all identified risks; and

.3   continuously improve safety-management skills of personnel ashore and aboard ships, including preparing for emergencies related both to safety and environmental protection.

1.2.3  The safety-management system should ensure:

.1   compliance with mandatory rules and regulations; and

.2   that applicable codes, guidelines and standards recommended by the Organization, Administrations, classification societies and maritime industry organizations are taken into account.

1.3  Application

The requirements of this Code may be applied to all ships.

1.4  Functional requirements for a safety-management system (SMS)

Every Company should develop, implement and maintain a safety-management system (SMS) which includes the following functional requirements:

.1   a safety and environmental-protection policy;

.2   instructions and procedures to ensure safe operation of ships and protection of the environment in compliance with relevant international and flag State legislation;

.3   defined levels of authority and lines of communication between, and amongst, shore and shipboard personnel;

.4   procedures for reporting accidents and non-conformities with the provisions of this Code;

.5   procedures to prepare for and respond to emergency situations;

and

.6   procedures for internal audits and management reviews.

2   SAFETY AND ENVIRONMENTAL-PROTECTION POLICY

2.1   The Company should establish a safety and environmental-protection policy which describes how the objectives given in paragraph 1.2 will be achieved.

2.2   The Company should ensure that the policy is implemented and maintained at all levels of the organization, both ship-based as well as shore-based.

3   COMPANY RESPONSIBILITIES AND AUTHORITY

3.1   If the entity who is responsible for the operation of the ship is other than the owner, the owner must report the full name and details of such entity to the Administration.

3.2   The Company should define and document the responsibility, authority and interrelation of all personnel who manage, perform and verify work relating to and affecting safety and pollution prevention.

3.3   The Company is responsible for ensuring that adequate resources and shore-based support are provided to enable the designated person or persons to carry out their functions.

4   DESIGNATED PERSON(S)

To ensure the safe operation of each ship and to provide a link between the company and those on board, every company, as appropriate, should designate a person or persons ashore having direct access to the highest level of management. The responsibility and authority of the designated person or persons should include monitoring the safety and pollution-prevention aspects of the operation of each ship and ensuring that adequate resources and shore-based support are applied, as required.

5   MASTER'S RESPONSIBILITY AND AUTHORITY

5.1   The Company should clearly define and document the master's responsibility with regard to:

.1   implementing the safety and environmental-protection policy of the Company;

.2   motivating the crew in the observation of that policy;

.3   issuing appropriate orders and instructions in a clear and simple manner;

.4   verifying that specified requirements are observed; and

.5   reviewing the SMS and reporting its deficiencies to the shore-based management.

5.2   The Company should ensure that the SMS operating on board the ship contains a clear statement emphasizing the master's authority. The Company should establish in the SMS that the master has the overriding authority and the responsibility to make decisions with respect to safety and pollution prevention and to request the Company's assistance as may be necessary.

6   RESOURCES AND PERSONNEL

6.1   The Company should ensure that the master is:

.1   properly qualified for command;

.2   fully conversant with the Company's SMS; and

.3   given the necessary support so that the master's duties can be safely performed.

6.2   The Company should ensure that each ship is manned with qualified, certificated and medically fit seafarers in accordance with national and international requirements.

6.3   The Company should establish procedures to ensure that new personnel and personnel transferred to new assignments related to safety and protection of the environment are given proper familiarization with their duties. Instructions which are essential to be provided prior to sailing should be identified, documented and given.

6.4   The Company should ensure that all personnel involved in the Company's SMS have an adequate understanding of relevant rules, regulations, codes and guidelines.

6.5   The Company should establish and maintain procedures for identifying any training which may be required in support of the SMS and ensure that such training is provided for all personnel concerned.

6.6   The Company should establish procedures by which the ship's personnel receive relevant information on the SMS in a working language or languages understood by them.

6.7   The Company should ensure that the ship's personnel are able to communicate effectively in the execution of their duties related to the SMS.

7.   DEVELOPMENT OF PLANS FOR SHIPBOARD OPERATIONS

The Company should establish procedures for the preparation of plans and instructions for key shipboard operations concerning the safety of the ship and the prevention of pollution. The various tasks involved should be defined and assigned to qualified personnel.

8   EMERGENCY PREPAREDNESS

8.1   The Company should establish procedures to identify, describe and respond to potential emergency shipboard situations.

8.2   The Company should establish programmes for drills and exercises to prepare for emergency actions.

8.3   The SMS should provide for measures ensuring that the Company's organization can respond at any time to hazards, accidents and emergency situations involving its ships.

9    REPORTS AND ANALYSIS OF NON-CONFORMITIES, ACCIDENTS AND HAZARDOUS OCCURRENCES

9.1   The SMS should include procedures ensuring that non-conformities, accidents and hazardous situations are reported to the Company, investigated and analysed with the objective of improving safety and pollution prevention.

9.2   The Company should establish procedures for the implementation of corrective action.

10   MAINTENANCE OF THE SHIP AND EQUIPMENT

10.1   The Company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations and with any additional requirements which may be established by the Company.

10.2   In meeting these requirements the Company should ensure that:

.1   inspections are held at appropriate intervals;

.2   any non-conformity is reported, with its possible cause, if known;

.3   appropriate corrective action is taken; and

.4   records of these activities are maintained.

10.3   The Company should establish procedures in its SMS to identify equipment and technical systems the sudden operational failure of which may result in hazardous situations. The SMS should provide for specific measures aimed at promoting the reliability of such equipment or systems. These measures should include the regular testing of stand-by arrangements and equipment or technical systems that are not in continuous use.

10.4   The inspections mentioned in 10.2 as well as the measures referred to in 10.3 should be integrated into the ship's operational maintenance routine.

11    DOCUMENTATION

11.1   The Company should establish and maintain procedures to control all documents and data which are relevant to the SMS.

11.2   The Company should ensure that:

.1   valid documents are available at all relevant locations;

.2   changes to documents are reviewed and approved by authorized personnel; and

.3   obsolete documents are promptly removed.

11.3   The documents used to describe and implement the SMS may be referred to as the Safety Management Manual. Documentation should be kept in a form that the Company considers most effective. Each ship should carry on board all documentation relevant to that ship.

12   COMPANY VERIFICATION, REVIEW AND EVALUATION

12.1    The Company should carry out internal safety audits to verify whether safety and polluton-prevention activities comply with the SMS.

12.2   The Company should periodically evaluate the efficiency of and, when needed, review the SMS in accordance with procedures established by the Company.

12.3   The audits and possible corrective actions should be carried out in accordance with documented procedures.

12.4   Personnel carrying out audits should be independent of the areas being audited unless this is impracticable due to the size and the nature of the Company.

12.5   The results of the audits and reviews should be brought to the attention of all personnel having responsibility in the area involved.

12.6   The management personnel responsible for the area involved should take timely corrective action on deficiencies found.

13   CERTIFICATION, VERIFICATION AND CONTROL

13.1   The ship should be operated by a Company which is issued a document of compliance relevant to that ship.

13.2   A document of compliance should be issued for every Company complying with the requirements of the ISM Code by the Administration, by an organization recognized by the Administration or by the Government of the country acting on behalf of the Administration in which the Company has chosen to conduct its business. This document should be accepted as evidence that the Company is capable of complying with the requirements of the Code.

13.3   A copy of such a document should be placed on board in order that the master, if so asked, may produce it for the verification of the Administration or organizations recognized by it.

13.4   A certificate, called a Safety Management Certificate, should be issued to a ship by the Administration or organization recognized by the Administration. The Administration should, when issuing the certificate, verify that the Company and its shipboard management operate in accordance with the approved SMS.

13.5   The Administration or an organization recognized by the Administration should periodically verify the proper functioning of the ship's SMS as approved.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations implement the provisions of Chapter IX of the International Convention for the Safety of Life at Sea, 1974, which came into operation on 1 July, 1998. Chapter IX provides for the operation of an International Safety Management (ISM) code on board ships and throughout the companies managing them.

¹ OJ No. L319, 12.12.94, p.20.

² OJ No. L320, 30.12.95, p.14.