The Department of Transport has issued Marine Notice 46 of 2020 to all fishing vessel owners in relation to Council Directive (EU) 2017/159
The Department of Transport has issued Marine Notice 46 of 2020 to all fishing vessel owners, agents, skipper and fishers in relation to Council Directive (EU) 2017/159 implementing the Social Partners’ Agreement concerning the implementation of the Work in Fishing Convention 2007.
The Work in Fishing Convention, 2007(C188) was adopted at the 96th session of the International Labour Conference in June 2007. The Convention seeks to ensure that fishermen have decent living and working conditions on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection, medical care and social security. In effect, the Convention aims to create a single, coherent instrument to complete the international standards for living and working conditions for the fishing sector.
The European Union supports the Work in Fishing Convention and on 31 January 2017, Council Directive (EU) 2017/159 was published in the Official Journal of the European Union (OJ NO, L25, 31.1.2017, p 12). This Directive contains a Social Partners’ Agreement, concluded on 21 May 2012, which aims to implement the Work in Fishing Convention.
Between 2019 and 2020, the Minister for Transport, Tourism and Sport signed the following statutory instruments to provide for the full transposition of Council Directive (EU) 2017/159
- S.I. 673/2019 Fishing Vessels (Certification of Deck Officers and Engineer Officers) (Amendment) Regulations 2019
- S.I. 179/2020 European Union (International Labour Organisation Work in Fishing Convention) (Minimum Age) Regulations2020
- S.I. 259/2020 European Union (International Labour Organisation Work in Fishing Convention) (Health Protection and Medical Care on Board Fishing Vessels) Regulations 2020
- S.I. 266/2020 European Union(International Labour Organisation Work in Fishing Convention) (Medical Examination) Regulations 2020
- S.I. 267/2020 European Union (International Labour Organisation Work in Fishing Convention) (Food and Accommodation) Regulations 2020
- S.I. 332/2020 European Union (International labour Organisation Work in Fishing Convention) (Fishing Vessel Owner Liability and Repatriation) Regulations 2020
- S.I. 333/2020 European Union (International labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations 2020
In order to ensure compliance with these Regulations the Marine Survey Office (MSO) has been designated as the Competent Authority, with the surveyors from the MSO designated as authorised officers with the power to:
A .at all reasonable times board any fishing vessel while the vessel is in the State;
- search and inspect the fishing vessel and any documents or records found on board;
C .require any person on board the fishing vessel to give him or her such assistance and information including any report, document or record needed by the authorised officer to carry out his or her functions under these Regulations;
- 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 that the authorised officer finds in the course of his or her inspection;
E .detain a fishing vessel in accordance with the Regulations;
F. issue a notice of direction.
Where a fishing vessel has been detained, the MSO, in its role as competent authority, must serve a notice of detention on the master. The notice of detention will amongst other things, state the reason whythe fishing vessel is being detained and specify the action to be taken before the notice will be withdrawn. When a person on whom a notice of detention has been served complies with the requirements set out in the notice, they must inform the MSO in writing. Where appropriate, the MSO may withdraw the notice of detention.
Surveyors of the MSO also have the power to serve a direction on a master or owner which will set out the reasons for the direction and specify the action to be taken in order to comply with it and the time period within which the action should be taken.Non-compliance with a direction from the MSO is an offence.Further details on the steps to be taken by the MSO when issuing a direction and steps to be taken by a person in order to confirm compliance with a direction are set out in the relevant regulations. For example, were a direction to be issued by the MSO in relation to hours of work, the relevant steps to take are set out in Regulation 13 of SI 673/2019.
A person can take an appeal against a notice of detention or a direction.
The full Marine Notice can be read by clicking here.