The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999

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(1);

“1988 Regulations” means the Fishing Vessels (Life Saving Appliances) Regulations 1988(2);

“British sea-fishery officer” means the persons referred to in section 7 of the Sea Fisheries Act 1968(3);

“Council Directive” means Council Directive 97/70/EC(4) 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(5) as adjusted by the Protocol signed at Brussels on 17th March 1993(6);

“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:

(a)

on or after 1st January 1999 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:

• 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(7);

“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(8) relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977(9), 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.

(1)

S.I. 1975/330, amended by S.I. 1975/471, 1976/432, 1977/313, 1977/498, 1978/1598, 1978/1873, 1981/567, 1991/1342, 1996/2419 and 1998/928.

(2)

S.I. 1988/38, amended by S.I. 1998/927.

(3)

1968 c. 77.

(4)

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.

(5)

Cmnd. 2073.

(6)

Cmnd. 2183.

(7)

Cmnd. 3070.

(8)

Cmnd. 3339.

(9)

Cmnd. 7252.