Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th November, 2021.

Contents

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 92/29/EEC of 31 March 1992¹ , as amended by Commission Directive (EU) 2019/1834 of 24 October 2019² , and to Council Directive (EU) 2017/159 of 19 December 2016³ insofar as it relates to health protection and medical care on board fishing vessels, hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations 2021.

(2) These Regulations come into operation on 20 November 2021.

Interpretation

2. (1) In these Regulations-

“Agreement” means the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation concluded on 21 May 2012 the text of which is set out in the Annex to Council Directive (EU) 2017/159 of 19 December 2016³ ;

“Annex” means an Annex to the Directive;

“antidote” means a substance used to prevent or treat a harmful effect or effects, direct or indirect, of one or more substances included on the list of dangerous substances in Annex III;

“category of vessel” means the category of vessel as specified in the Schedule;

“Directive” means Council Directive No. 92/29/EEC of 31 March 1992¹ , as amended by Commission Directive (EU) 2019/1834 of 24 October 2019² ;

“decked fishing 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;

“fisherman” means every person employed or engaged or working in any capacity on board any fishing vessel under the conditions laid down in Article 2 of the Agreement, but excluding port pilots and shore personnel carrying out work on board the vessel at the quayside;

“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;

“fishing vessel owner” means the owner of a fishing vessel or other organisation or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the vessel from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on fishing vessel owners under these Regulations, regardless of whether any other organisation or person fulfils certain of the duties or responsibilities on behalf of the fishing vessel owner;

“master” means the person (excluding, where appropriate, a pilot) having, for the time being, the command or charge of a vessel;

“medical supplies” means medicines, medical equipment and antidotes, a non-exhaustive list of which is given in Annex II;

“Minister” means the Minister for Transport;

“MSO” means the Marine Survey Office of the Department of Transport;

“new fishing vessel” means a decked fishing vessel for which –

(a) the building or a major conversion contract has been placed on or after 16 November 2017,

(b) the building or a 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 fifty tonnes or one percent of the estimated mass of all structural material, whichever is less;

“owner” in relation to a vessel, means the registered owner of the vessel unless the vessel has been chartered by demise or is managed, either wholly or in part, by a person other than the registered owner under the terms of a management agreement, in that case the owner shall be construed as the demise charterer or person managing the vessel as appropriate;

“vessel” means any vessel excluding-

(a) inland navigation vessels,

(b) warships,

(c) pleasure boats used for non-commercial purposes and not manned by professional crews, and

(d) tugs operating in harbour areas;

“worker” in relation to a vessel, means any person carrying out an occupation on board the vessel, including trainees and apprentices, but excluding port pilots and shore personnel carrying out work on board the vessel at the quayside.

(2) A word or expression that is used in these Regulations and is also used in the Directive or the Agreement, has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Directive or the Agreement.

Competent authority

3. The MSO is designated as the competent authority in the State for the purposes of the Agreement.

Medical supplies

4. (1) The owner of a vessel shall ensure that –

(a) the vessel carries on board medical supplies which meet at least, in terms of quality, the specifications of Annex II, sections I and II for the category of vessel to which the vessel concerned belongs, and

(b) the quantities of medical products and medical equipment to be carried on board depending on –

(i) the nature of the voyage, in particular the ports of call, destination and duration of the voyage,

(ii) the type of work that is to be carried out during the voyage,

(iii) the nature of the cargo on board the vessel,

(iv) the number of workers on board the vessel, and

(v) if the vessel is a fishing vessel, the area of operation.

(2) The owner of a vessel that is equipped with a life-raft or lifeboat or both shall ensure that each life-raft or lifeboat carries a watertight medicine chest containing at least the medical supplies specified in Annex II, sections I and II for category C vessels.

(3) The master of a vessel shall ensure that medicines and medical equipment referred to in paragraph (1) included in the medical supplies of the vessel and the content of the chests referred to in paragraph (2) are detailed on a checklist corresponding at least to the general framework laid down in Annex IV, sections A, B and C II 1 and II 2.

(4) The owner of a vessel who fails to comply with paragraph (1) or (2) commits an offence and is liable on summary conviction to a class A fine.

(5) The master of a vessel who fails to comply with paragraph (3) commits an offence and is liable on summary conviction to a class C fine.

Provision of cabin/sick bay/doctor

5. (1) The master of a new fishing vessel shall, whenever necessary, make a cabin available for a fisherman who suffers from illness or injury.

(2) On a new fishing vessel of over 500 gross registered tonnes on which 15 or more fishermen are engaged on a voyage of more than 3 days and on a new fishing vessel of 45 metres in length or over, regardless of crew size and duration of voyage, the owner of the vessel shall ensure that there shall be a separate sick bay in which medical treatment can be administered. The owner of the fishing vessel shall ensure the space is properly equipped and is maintained in a hygienic state.

(3) The owner of a vessel, other than a new fishing vessel —

(a) of more than 500 gross registered tonnes,

(b) with a crew of 15 or more members, and

(c) engaged on a voyage of more than 3 days,

shall provide the vessel with a sick bay in which medical treatment can be administered under satisfactory material and hygienic conditions.

(4) The owner of a vessel with 100 or more persons on board, engaged on an international voyage of more than 3 days, shall ensure that a doctor responsible for medical care is on board during the voyage.

(5) The owner of a vessel who fails to comply with paragraph (2), (3) or (4) commits an offence and is liable on summary conviction to a class A fine.

(6) The master of a vessel who fails to comply with paragraph (1) commits an offence and is liable on summary conviction to a class C fine.

Carriage of dangerous substances

6. (1) The owner of a vessel carrying a dangerous substance as detailed in Annex III shall ensure that the vessel carries on board medical supplies, including at least the antidotes listed in section III of Annex II.

(2) The owner of a ferry type vessel, whose conditions of operation do not always allow it to know well enough in advance the nature of the dangerous substances being transported, shall ensure the vessel has on board medical supplies, including at least the antidotes listed in section III of Annex II.

However, on a regular voyage where the crossing is due to last less than 2 hours, the antidotes referred to in this paragraph may be limited to those which have to be administered in cases of extreme emergency within a period of time not exceeding the normal duration of the crossing.

(3) The master of a vessel shall ensure that the contents of medical supplies kept on board for the purposes of this Regulation are detailed on a checklist corresponding at least to the general framework laid down in Annex IV, sections A, B and C II 3.

(4) The owner of a vessel who fails to comply with paragraph (1) or (2) commits an offence and is liable on summary conviction to a class A fine.

(5) The master of a vessel who fails to comply with paragraph (3) commits an offence and is liable on summary conviction to a class C fine.

Medical guide

7. (1) The owner of a vessel shall provide that vessel with the most recent edition of the guide to the use of medical supplies for the category of vessel to which the vessel concerned belongs, including instructions for use of at least the antidotes required in Annex II, section III, that is specified for the time being by the MSO as being the guide required.

(2) Where a vessel at paragraph (1) is a fishing vessel, the fishing vessel owner shall ensure that the guide shall be in a language and format understood by a person who is required to attend an approved medical training course in accordance with Regulation 10.

(3) The owner of a vessel that is equipped with a life-raft or lifeboat or both shall provide each such life-raft or lifeboat with the most recent edition of the guide to the use of the medicines, medical equipment and antidotes that is specified for the time being by the MSO as the guide required for category C vessels.

(4) The owner and master of a vessel shall take all necessary measures to ensure that the guide to the use of medical supplies referred to in paragraphs (1) and (3) for such vessels, is carried on board that vessel at all times.

(5) The owner of a vessel who fails to comply with this Regulation commits an offence and is liable on summary conviction to a class C fine.

(6) The master of a vessel who fails to comply with paragraph (4) commits an offence and is liable on summary conviction to a class C fine.

(7) In proceedings for contravention of this Regulation the onus of proof in relation to any question concerning whether the edition of the guide provided is or was the most recent edition shall lie on the person against whom the proceedings are brought.

Provision of medicines on board vessels

8. The provision and replenishment of the medical supplies of a vessel shall be undertaken on the exclusive responsibility and at the expense of the owner of the vessel concerned without any expense to the workers on board.

Allocation of responsibilities

9. (1) The management of medical supplies on board a vessel is placed on the master of the vessel. He or she may, without prejudice to this responsibility, delegate the use and maintenance of the medical supplies to one or more workers especially designated by reason of their competence. The medical supplies shall be maintained in good condition and replenished or replaced, as soon as possible, and in every case as a priority part of normal revictualling procedures.

(2) The master of a vessel shall ensure that the guide to the use of medicines, medical equipment and antidotes referred to in Regulation 7 is maintained in good condition and kept within reasonable proximity to the medical supplies on board the vessel concerned.

(3) In an emergency established by the master of a vessel, as far as possible after having obtained a medical opinion, the required medicines, medical equipment and antidotes which are not available on board shall be made available by the master, or a person delegated by him or her, as soon as possible.

(4) The master of a vessel who fails to comply with this Regulation commits an offence and is liable on summary conviction to a class C fine.

Medical training

10. (1) All persons receiving professional maritime training and intending to work on board a vessel shall be given basic training, as determined by the MSO, in the medical and emergency measures to be taken immediately in the event of an accident or serious medical emergency.

(2) The master of a vessel and any worker he or she delegates the use of medical supplies to under Regulation 9(1) shall receive special training updated periodically, at least once in every 5-year period, as specified by the MSO, taking into account the specific risks and needs connected with the different categories of vessel and in accordance with the general guidelines set out in Annex V.

(3) The special training of fishermen shall, in addition to the requirements of paragraph (2), take into account the number of fishermen aboard, the area of operation and the length of the voyage.

Medical consultation centre

11. (1) The Minister may, to ensure better emergency treatment for workers, designate a centre as a radio medical consultation centre to provide workers with free medical advice by radio or satellite communication. Some of the doctors providing their services for a radio consultation centre shall have been trained in the special conditions prevailing on board ship.

(2) Where the Minister designates a centre referred to in paragraph (1), the centre, with the agreement of the worker concerned may keep personal medical records. Such records shall remain confidential.

(3) Where the Minister designates a centre referred to in paragraph (1), such designation shall be published in Iris Oifigiúil and may be published in any other publication, as in the opinion of the Minister, is appropriate.

On board dispute resolution procedure for fishing vessels

12. (1) A fishing vessel owner shall ensure that there is available to a fisherman on that fishing vessel a procedure for submitting a complaint in connection with the provision of health protection and medical care on board the vessel in accordance with these Regulations and for resolving the complaint fairly, effectively and expeditiously.

(2) The procedure referred to in paragraph (1) 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 of a fishing vessel, the master of the vessel or to the MSO, and

(c) include the right of a fisherman to be accompanied or represented during the course of the procedure.

(3) A fishing vessel owner shall ensure that a fisherman joining the fishing vessel has been provided with–

(a) a copy of the procedure referred to in paragraph (1), and

(b) the contact information for the MSO.

(4) A fisherman may make a complaint to the MSO alleging a breach of an obligation under these Regulations and the MSO shall treat the source of the information provided in the complaint as confidential.

(5) On receipt of a complaint under paragraph (4) the MSO may nominate an authorised officer to investigate the complaint.

(6) An authorised officer nominated by the MSO under paragraph (5) may, without prejudice to his or her powers under Regulation 13(3), while the fishing vessel concerned is in the State–

(a) board the fishing vessel for the purposes of investigating the complaint made under paragraph (4), and

(b) facilitate negotiations between the fisherman and the fishing vessel owner or the master of that vessel, as appropriate, for the purposes of resolving the complaint.

(7) Nothing in this Regulation shall affect any right of complaint or redress that a fisherman has other than under this Regulation.

Authorised officers

13. (1) The Minister may appoint such persons as he or she considers necessary to be authorised officers for the purpose of ensuring compliance with these Regulations.

(2) A person appointed as a surveyor of ships under section 724 of the Merchant Shipping Act 1894 (c. 60) shall be an authorised officer for the purposes of these Regulations.

(3) For the purposes of ensuring compliance with these Regulations, an authorised officer may do any of the following:

(a) at all reasonable times board any vessel while the vessel is in the State;

(b) inspect the medical supplies to determine compliance with these Regulations;

(c) search and inspect the vessel and any documents or records found on board;

(d) require any person on board the vessel to give him or her such assistance and information and to produce to the authorised officer any report, document or record (including, in the case of information in a non-legible form, a copy of the information, or of extracts from it, in permanent legible form) as he or she may reasonably require for the purposes of his or her functions under these Regulations;

(e) inspect, examine and take copies, or extracts from, or take away, if necessary, for the purposes of inspection or examination, any report, document or record (including in the case of information in a non-legible form, a copy of the information, or of extracts from it, in permanent legible form) that the authorised officer finds in the course of his or her inspection and require the person by whom such report, document or record is kept or who produced the report, document or record to certify the copy as a true copy;

(f) detain a vessel in accordance with Regulation 15.

(4) Where he or she considers it necessary, an authorised officer may be accompanied by a member of the Garda Síochána when exercising any powers conferred on him or her by these Regulations.

(5) A person who –

(a) prevents, obstructs, impedes or delays an authorised officer in the performance of his or her functions under this Regulation or Regulation 12(6),

(b) fails to comply with a requirement or request of an authorised officer under this Regulation, or

(c) gives to an authorised officer any information which is false or misleading in any material respect, knowing it to be false or misleading,

commits an offence and is liable on summary conviction to a class A fine.

Directions

14. (1) Where the MSO considers that the owner or master of a vessel is failing to comply with these Regulations, the MSO may serve a direction (in these Regulations referred to as a “direction”) on that person.

(2) A person on whom a direction is served under paragraph (1) may, within 14 days of the service of the direction, make representations in writing to the MSO in relation to the direction.

(3) Any representations made under paragraph (2) shall be considered by the MSO in deciding to confirm, modify or withdraw the direction.

(4) The MSO may, where it considers it appropriate to do so, by notice in writing to the person on whom a direction was served, confirm, modify or withdraw the direction.

(5) A direction shall-

(a) state the grounds upon which the direction is made,

(b) identify the provision of these Regulations that has not been or is not being complied with by the person,

(c) specify the action to be taken by the person on whom the direction is served and where appropriate, the period within which that action shall be taken,

(d) inform the person of the requirement to confirm compliance with the direction under paragraph (7),

(e) inform the person of the right to appeal the direction in accordance with Regulation 16,

(f) state that a failure to comply with the direction is an offence under paragraph (10), and

(g) be signed and dated by the MSO.

(6) A direction shall be complied with within such period as may be specified in the direction.

(7) A person on whom a direction has been served, who is of the opinion that the direction has been complied with, shall confirm such compliance in writing to the MSO as soon as practicable after so complying.

(8) Where a person confirms compliance under paragraph (7), the MSO shall, on being satisfied that the person has so complied, give notice to the person confirming that compliance.

(9) A person on whom a direction has been served may appeal the direction in accordance with Regulation 16.

(10) A person on whom a direction has been served who fails to comply with the direction commits an offence and is liable on summary conviction to a class A fine.

Notice of detention

15. (1) An authorised officer may detain a vessel in a port in the State where he or she is of the opinion that-

(a) there has been a failure to comply with the requirements of these Regulations, and

(b) the detention of the vessel is necessary for the protection of the health and safety of the crew on board the vessel.

(2) Where a vessel has been detained under paragraph (1), the MSO shall serve a notice (in these Regulations referred to as a “notice of detention”) on the master of the vessel concerned.

(3) A notice of detention shall-

(a) state the grounds upon which the vessel is detained,

(b) identify the provision of these Regulations that has not been or is not being complied with by the person,

(c) specify the action to be taken before the notice will be withdrawn, and where appropriate, the period within which that action shall be taken,

(d) inform the master of the vessel of the requirement to confirm compliance with the notice under paragraph (4),

(e) inform the master of the right to appeal the notice in accordance with Regulation 16,

(f) state that a failure to comply with the notice is an offence under paragraph (8), and

(g) be signed and dated by the MSO.

(4) The master of a vessel on whom a notice of detention has been served who is of the opinion that the notice of detention has been complied with shall confirm such compliance in writing to the MSO.

(5) Where the master of a vessel confirms compliance under paragraph (4), the MSO shall, on being satisfied that the person has so complied, by notice in writing to the person, withdraw the notice of detention.

(6) The MSO may, where it considers it appropriate to do so, by notice in writing to the master of a vessel on whom a notice of detention was served, withdraw the notice.

(7) The master of a vessel on whom a notice of detention has been served may appeal the notice in accordance with Regulation 16.

(8) The master of a vessel who fails to comply with a notice of detention served on him or her commits an offence and is liable on summary conviction to a class A fine.

Appeal

16. (1) A person aggrieved by a direction or a notice of detention may appeal against-

(a) the direction, to a judge of the District Court in whose district the person ordinarily resides or carries on business, or

(b) the notice of detention, to a judge of the District Court in whose district the vessel has been detained.

(2) An appeal may be made not later than 21 days from the date—

(a) the notice of detention was served under Regulation 15(2), or

(b) the direction—

(i) was served under Regulation 14(1), or

(ii) was confirmed or modified under Regulation 14(4).

(3) A copy of the notice of appeal shall be given by the person making an appeal to the MSO not less than 48 hours before the hearing of the appeal and the MSO shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal and at the hearing of an application referred to in paragraph (4).

(4) The bringing of an appeal shall not have the effect of suspending the operation of the notice of detention or the direction as the case may be, but the District Court may, on application to it by the appellant, suspend its operation until the appeal is determined or withdrawn.

(5) On the hearing of an appeal under this Regulation, the District Court may confirm, vary or revoke the notice of detention or the direction as the case may be.

Service of documents

17. (1) A direction or notice of detention or other document that is required to be served on or given to a person by these Regulations shall be addressed to the person concerned by name and may be so served on or given to the person in one of the following ways-

(a) by delivering it to the person,

(b) by leaving it for, or delivering it to, the person on board the vessel concerned,

(c) by leaving it at the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, at that address,

(d) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, to that address, or

(e) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the direction, notice or document concerned of his or her consent to the direction, notice or document (or documents of a class to which the direction, notice or document belongs) being served on, or given to, him or her in that manner.

(2) For the purpose of these Regulations, a company registered under the Companies Act 2014 (No. 38 of 2014) or an existing company within the meaning of that Act is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

(3) Where an opinion, finding, statement or decision of the MSO is contained in a document which-

(a) is purported to have been made by or at the direction of the MSO, and

(b) is produced in evidence by an authorised officer in any proceedings,

the document shall be evidence of such opinion, finding, statement or decision in such proceedings without further proof.

Offence body corporate and summary proceedings

18. (1) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary, or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.

Fixed payment notice

19. (1) Where an authorised officer of the MSO believes a person is committing or has committed an offence under these Regulations (other than under Regulation 13(5), 14(10) or 15(8)), he or she may serve on the person a notice in writing stating that –

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 28 days beginning on the date of service of the notice, pay to the Department of Transport, by the method and at the address specified in the notice, the amount of -

(i) €500, in case the penalty for committing the offence is a class A fine, or

(ii) €150, in case the penalty for committing the offence is a class C fine,

accompanied, if required in the notice, by the notice or other form of reference, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made in accordance with the notice during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a notice is served under paragraph (1), a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice and, if the payment specified in the notice is paid in accordance with the notice, the person concerned shall not be prosecuted in respect of the alleged offence.

(3) In a prosecution for an offence referred to in paragraph (1), the onus of showing that a payment in accordance with a notice under this Regulation has been made shall lie on the person against whom the proceedings are brought.

(4) The Department of Transport may receive the payment under a notice under paragraph (1) and issue a receipt for it and retain the money so paid. The payment shall not be recoverable by the person who made it.

Revocation

20. The following are revoked:

(a) the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations 1997 ( S.I. No. 506 of 1997 ),

(b) the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) (Amendment) Regulations 2020 ( S.I. No. 258 of 2020 ), and

(c) the European Union (International Labour Organisation Work in Fishing Convention) (Health Protection and Medical Care on Board Fishing Vessels) Regulations 2020 ( S.I. No. 259 of 2020 ).

Regulation 2(1)

SCHEDULE

Categories of Vessels

Category A: Seagoing or sea-fishing vessels, with no limitation on length of trips.

Category B: Seagoing or sea-fishing vessels making trips of:

(a) less than 150 nautical miles from the nearest port with adequate medical equipment, and

(b) less than 175 nautical miles from the nearest port with adequate medical equipment and which remain continuously within range of the helicopter rescue services.

Category C:

(a) Harbour vessels, boats and craft staying within 30 nautical miles of the shore or with no cabin accommodation other than a wheelhouse, and

(b) Lifeboats and life-rafts.

GIVEN under my Official Seal,

15 November, 2021.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

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

These Regulations provide for transposition of Directive 92/29/EEC, as amended by Directive 2019/1834 on the minimum safety and health requirements for improved medical treatment on board vessels. In particular, the Regulations provide for the owner of a vessel to ensure it has sufficient medical supplies and equipment on board the vessel relevant to the category of vessel as set out in the Schedule. They also require the carriage of an up-to-date medical guide relevant to the supplies on board and minimum requirements for lifeboats and life-rafts. Furthermore, there is a requirement to provide a sick bay, antidotes when carrying dangerous substances and details on training requirements. The Regulations apply to all vessels, including fishing vessels, except warships, non-commercial pleasure craft, inland waterway craft and tugs operating in harbour areas.

1 O.J. No. L113 of 30.4.1992, p.19

2 O.J. No. L279 of 31.10.2019, p.80

3 O.J. No. L25 of 31.1.2017, p.12

3 O.J. No. L25 of 31.1.2017, p.12

1 O.J. No. L113 of 30.4.1992, p.19

2 O.J. No. L279 of 31.10.2019, p.80