The Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999

Explanatory Note

(This note does not form part of the Regulations)

These Regulations revoke, and replace, the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 (except in relation to non-Directive fishing vessels which are registered in the United Kingdom). Together with the Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999, they give effect to Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended by Commission Directive 1999/19/EC (“the Council Directive”). They also impose (in Part III) requirements in relation to certain fishing vessels which are not subject to the Council Directive but are registered in the UK.

Part II of the Regulations applies to “Directive fishing vessels” registered in UK i.e. new fishing vessels of 24 metres or more in length, and existing fishing vessels of 45 metres or more in length. Such fishing vessels are required to comply with provisions which implement Chapter IX of the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, adopted on 2nd April 1993, as modified by the Council directive.

The principal feature of Part II is that such fishing vessels are required to carry equipment to operate the Global Maritime Distress and Safety System (GMDSS). GMDSS is the International Maritime Organization’s world-wide network of automated emergency communications for fishing vessels at sea.

Part III applies to those fishing vessels of 12 metres or more in length which are not subject to the Council Directive but are registered in the UK. These are now required also to implement GMDSS. These additional requirements relate to the location of equipment, conformance with performance standards, and, in the case of equipment required to maintain distress communications, provision of reserve power supplies independent of the fishing vessel’s propulsion system.

Part IV provides for enforcement of the Regulations.

Part V (regulation 30) requires Directive fishing vessels which are not registered in the UK to conform to regulations 7 to 9 (performance standards, functional requirements, installation etc of radio equipment) and to Part II of the Regulations, to the extent required by Article 7 of the Council Directive.

Copies of the Torremolinos Protocol may be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR. Merchant Shipping Notices may be obtained from Eros Marketing Support Services, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN (telephone number 0181 957 5028).

Copies of the Annex to the Resolution 343 of the World Radiocommunication Conference, held by the International Telecommunication Union in Geneva in 1997, may be obtained from that Union at Place des Nations, CH-1211 Geneva 20, Switzerland. The Annex is contained in that Union’s Radio Regulations Volume 3 (Geneva 1998) ISBN 92-61-07621-1.

A regulatory impact assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Maritime and Coastguard Agency, Spring place, 105 Commercial Road, Southampton SO15 1EG (telephone: [phone]).