The Fishing Vessels (EC Directive on Harmonised Safety Regime) (Amendment) Regulations 2003

Amendment of the Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999

5.  In Regulation 2—

(a) after the definition of “1988 Regulations” insert—

““1994 Council Directive” means Council Directive 94/57/EC(1) of 22nd November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations;

“1995 Act” means the Merchant Shipping Act 1995;

“1997 Council Directive” means Council Directive 97/70/EC(2) setting up a harmonised safety regime for fishing vessels of 24 metres in length and over;

“1999 Regulations” means the Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999(3);

“2002 Commission Directive” means Commission Directive 2002/35/EC/)(4) of 25th April 2002 amending Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over;”;

(b) omit the definition of “Council Directive”;

(c) in the definition of “existing fishing vessel”, for “new fishing vessel” substitute “new (1999) or new (2003) fishing vessel”;

(d) after the definition of “heavy drift ice” insert—

““IMO” means the International Maritime Organization;”;

(e) in the definition of “MCA”, for “Department of the Environment, Transport and the Regions” substitute “Department for Transport”;

(f) for the definition of “new fishing vessel”, substitute—

““new (1999) fishing vessel” means a fishing vessel for which:

(a)

on or after 1st January 1999 but before 1st January 2003 the building or major conversion contract is placed;

(b)

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

(c)

in the absence of a building contract, on or after 1st January 1999 but before 1st January 2003:

• 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;

“new (2003) fishing vessel” means a fishing vessel for which:

(a)

on or after 1st January 2003 the building or major conversion contract is placed;

(b)

the building or major conversion contract has been placed on or after 1st January 1999 but before 1st January 2003, and which is delivered three years or more after 1st January 2003; or

(c)

in the absence of a building contract, on or after 1st January 2003:

• 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:”;

(g) after the definition of “Radio Regulations” insert—

““recognised organisation” means an organisation authorised by written agreement with the MCA pursuant to Articles 3.2, 5 and 6 of the 1994 Council Directive to perform duties referred to in Article 3.2(i) and (ii), and which is accordingly a recognised organisation for the purposes of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996(5);

“relevant ISO standards” means standards of the International Organization for Standardization which—

(a)

relate to the matter in question and to all or any of the purposes set out in section 85(1) of the 1995 Act, and

(b)

apply as at 1st January 2003 or are subsequently specified for the purposes of these Regulations in a Merchant Shipping Notice which is considered by the Secretary of State to be relevant from time to time;

“relevant rules of a recognised organisation” means rules of a recognised organisation which—

(a)

relate to the matter in question and to all or any of the purposes set out in section 85(1) of the 1995 Act, and

(b)

apply as at 1st January 2003 or are subsequently specified for the purposes of these Regulations in a Merchant Shipping Notice which is considered by the Secretary of State to be relevant from time to time;”; and

(h) for the definition of “United Kingdom fishing vessel”, substitute—

““United Kingdom fishing vessel” means a fishing vessel registered in the United Kingdom, and—

(a)

“new (1999) United Kingdom fishing vessel” means such a vessel which is a new (1999) fishing vessel, and

(b)

“new (2003) United Kingdom fishing vessel” means such a vessel which is a new (2003) fishing vessel.”.

(1)

OJ L 319, 12.12.1994, p. 20.

(2)

OJ L34, 9.2.98, p. 1, amended by Commission Directive 1999/19/EC (OJ L83, 27.3.99, p. 48) which is not relevant to these Regulations.

(3)

S.I. 1999/2998, amended by S.I. 1999/3210.

(4)

Cmnd. 3708.

(5)

S.I. 1996/2908, to which there are amendments not relevant to these Regulations.