(Translation: Only the Faroese text has legal validity)

Executive order no. 95 of 6 July 2018 from the Faroese Maritime Authority on construction and equipment, etc. of fishing vessels (Notice E from the Faroese Maritime Authority)

Pursuant to section 2 subsection 2, sections 7-11 and section 14, section 15 subsection 2, section 18 subsections 2 and 3 and section 49 subsection 2  of the Parliamentary Act no. 165 of 21 December 2001 on safety at sea as amended by Parliamentary Act no. 71 of 30  May 2011, Parliamentary Act no. 61 of 17  May 2013 and by Parliamentary Act no. 122 of 15 December 2014, the following shall be laid down:

Section 1. This executive order applies to fishing vessels of a length of 15 metres or more as well as to fishing vessels with a scantling number of 100 or above. The executive order also applies to legal persons and individual persons in the Faroe Islands who carry out conversions of fishing vessels subject to this set of rules.

Subsection 2. The scantling number is calculated by multiplying the length overall, LOA, which is the distance measured as a straight line from the foremost point of the stern to the sternmost point of the stern, by the greatest breadth as given in the vessel’s tonnage certificate.

Section 2. Detailed regulations regarding the construction and equipment of the ships mentioned in section 1, are published in annex 2 to this executive order.

Section 3. A copy of this executive order shall always be available on board vessels subject to this executive order. This requirement may, however, also be complied with by having electronic access to this executive order on board.  

Section 4. Legal persons and individual persons in the Faroe Islands, who according to Chapter I regulation 5.3 carry out conversions and repair of Faroese vessels subject to this executive order, shall prior to the conversion or repair report this to the Faroese Maritime Authority.

Section 5. Contraventions of the provisions in this executive order or the provisions in annex 2 shall be punished by fine or imprisonment for a term not exceeding 2 years.

Subsection 2. Companies and other legal persons shall incur criminal liability under the regulations in chapter 5 of the Faroese penal code.

Section 6. This executive order shall enter into force on 15 July 2018.

Subsection 2.  Item 4 in annex I under the section Specific Faroese Rules enters into force on 1 January 2019 or until next intermediate survey or initial survey after 1 January 2019, however no later than 1 January 2020.

The Faroese Maritime Authority, 6 July 2018

Hans Johannes á Brúgv, Director General

 

         / Gunnvá S. á Lofti, Head of Department

 

 

 

Annex 1

The executive order in general:

The provisions of this executive order shall be read, understood and interpreted with regard to below mentioned amendments and adjustments to Faroese conditions:

1. Everywhere where “the Danish Maritime Authority” or other Danish authority is stated in this executive order, it shall, when it concerns Faroese jurisdiction, be understood as “the Faroese Maritime Authority” or other possible authorized Faroese authority.

 

2. Everywhere where the wordings “Denmark/Danish”, “Greenland/Greenlandic” or “Danish vessel/Greenlandic vessel” are stated in this executive order, they shall be understood as “the Faroe Islands/Faroese” or “Faroese vessels” unless the provisions concern circumstances outside the Faroese jurisdiction.

 

3. Since the Faroe Islands is not an EU member State, the reference to requirements and legislation in EU directives and EU regulations, are not applicable to Faroese vessels, unless mentioned legislation have been brought into force with Faroese legislation, or directly have been imposed on vessels  which do not fly the EU flag (third country vessels) as a condition to continue to operate in EU waters or to enter an EU port. However, the relevant EU legislation may, if necessary, be used as guidelines for Faroese vessels.

 

 

4. The Faroese Maritime Authority may -  either in general or in each specific case - deviate from the time limits on fulfilling the requirements mentioned in this set of rules, provided that it is not contrary to the Faroe Island’s obligations pursuant to international conventions and otherwise only if it is deemed necessary, reasonable and advisable with regard to the safety at sea.

 

 

5. The guidelines in force at any time from the Danish Maritime Authority, and which relate to this set of rules, shall also with necessary adjustments be applicable for the Faroese Maritime Authority.

 

6. To the extent that a fishing vessel is to be considered in accordance with the technical regulation in force before 1 August 2006 ( at the time when this set of rules was updated for the first time since the takeover of the jurisdiction 1 January 2002), the legislation concerned which was applicable in this country until 1 January 2002 shall apply. Amendments and updates of  Notice E from the Danish Maritime Authority executed in the period from 1 January 2002 to 1 August 2006, have never been in force in the Faroe Islands, and have therefore never been part of the applicable law in the Faroe Islands.

 

 

7. The provisions in chapter XXI (Prevention of pollution by oil), chapter XXIW ( Prevention of pollution by sewage from ships) and chapter XXV (Prevention of pollution by garbage from ships) shall be read with regard to the provisions in executive order no. 122, 123 and 124 of 25 November 2005 on the discharge of garbage, sewage and oil from ships, respectively, with later amendments. To the extent the Faroese rules deviate from the Danish rules, the Faroese rules shall apply.

 

8. The provisions in chapter XXVI regulation 12 concerning “ozone-depleting substances” shall be read with regard to executive order no. 117 of 16 December 2010 on registration of information on fuel, strong greenhouse gas and ozone-depleting substances, and executive order no. 118 of 16 December 2010 on ozone-depleting substances with later amendments. To the extent that the technical rules in this set of rules deviate from the mentioned executive orders, the provisions in the Faroese executive orders shall apply.

 

Specific Faroese rules:

1. Subject to the Faroe Island’s obligations pursuant to international conventions, and subject to EU regulations on imposing requirements on third country vessels, the dates/deadlines in annex 2 (appendix 1) will be changed and adjusted as follows:

a) In chapter I, II, III, IV, V, VI and XII “1 January 2003” will generally change to “1 August 2006”.

b) In chapter X “1 January 2005” will generally change to ”1 August 2006”.

In regulation 19, subsection 2, item 7 (bridge navigation watch alarm) the dates will be changed as follows:

“1 March 2002” will change to “1 August 2006”

“1 March 2003” will change to “1 January 2007”

“1 March 2004” will change to “1 January 2008”

“1 March 2005” will change to “1 January 2009”

“1 March 2006” will change to “1 January 2010”

c) In chapter XXIV, part 2, regulation 2.1 “1 January 2000” will change to “1 August 2006”, and in regulation 4.1 “1 January 2005” will change to “1 August 2008”.

2. The requirement in chapter X, regulation 19, item 2.4 on the AIS being of class A, does only apply to Faroese vessels which enter EU/EEA waters or ports. Faroese fishing vessels which never enter EU/EEA waters or ports may instead use AIS of class B.

3. For fishing vessels, subject to this set of rules, which are imported to the Faroe Islands after 1 April 2014, these specific requirements shall apply:

1) Fishing vessels of 24 metres in length and over, and irrespective of when they are built, shall, after a concrete assessment by the Faroese Maritime Authority, be provided with automatic fire alarm- and fire detection system with smoke detectors in all accommodation spaces, which are included in  Notice E, chapter V, regulation 2, item 10-12. The system shall comply with the standard in chapter V regulation 15.  

2) Fishing vessels with a length of 15 -24 metres, and irrespective of when they are built, shall comply with the provisions of Notice E, chapter V, regulation 51 on automatic fire alarm system.

3)Rescue boats, MOB boats and davits on board on imported fishing vessels which are built before 1999, may, after a concrete assessment by the Faroese Maritime Authority, be required to be replaced in accordance with newer, safer and faster equipment.

4. Unless otherwise provided in this executive order, the construction requirements pursuant to previous provisions shall continue to apply to existing ships. These specific requirements shall, however, apply to existing fishing vessels:

1) ) Fishing vessels of 24 metres in length and over, and irrespective of when they are built, shall, after a concrete assessment by the Faroese Maritime Authority, be provided with automatic fire alarm- and fire detection system with smoke detectors in all accommodation spaces, which are included in chapter V, regulation 2, item 10-12 in annex 2. The assessment is based on chapter V regulation 15.  

2) Fishing vessels with a length of 15 -24 metres, and irrespective of when they are built, shall, after a concrete assessment by the Faroese Maritime Authority, comply with the provisions of chapter V, regulation 51 in annex 2 on automatic fire alarm system.

Authority:

Notice E from the Faroese Maritime Authority is pursuant to Parliamentary Act no. 165 of 21 December 2001 on safety at sea with later amendments.

This set of regulations consist of an executive order and 2 annexes.

Executive order from the Faroese Maritime Authority on construction and equipment, etc. (Notice E from the Faroese Maritime Authority) and annex I contain authority, scope, penalties and entry into force.

Appendix 1 in annex 2 contains the technical requirements on the construction and equipment etc. of fishing vessels. These rules are identical to the annexes to executive order no. 1459 of 14 December 2010 on Notice E from the Danish Maritime Authority, Technical regulation on the construction and equipment, etc. of fishing vessels with later amendments. (Notices E) which also is available on www.sofartsstyrelsen.dk and www.retsinformation.dk

Appendix 2 in annex 2 is a reprint of the so-called EU Fishery Directive known as Council Directive 97/70 EC while appendix 3 in annex 2 is a reprint of the Torremolinos Protocol.

The technical provisions for fishing vessels are in general based on these applicable laws:

1. Chapters I-V and VII-IX contain provisions on the construction and equipment of fishing vessels and have been drawn up on the basis of attachment 1(tillæg 1) to the Torremolinos Protocol of 1993 relating to the Torremolinos Convention, 1977, as amended by Council Directive 97/70/EC of 11 December 1997.

2. Chapter VI contains provisions drawn up on the basis of parts of Council Directive 93/103/EC concerning “the minimum safety” and “health requirements for work on board fishing vessels”.

3. Chapter X has been drawn up on the basis of SOLAS, chapter V, on safety of navigation which entered into force on 1 July 2002. In the chapter, inter alia the requirements on navigational equipment on board new fishing vessels will be updated.

4. Chapter XI and the attachment contain additional requirements for fishing vessels engaged in voyages in the northern part of Europe. These requirements are drawn up on the basis of Council Directive 97/70/EC on “setting up a harmonised safety regime for fishing vessels of 24 metres in length or over”.

5. Chapter XII contains provisions on accommodation and potable water systems and has been drawn up on the basis of the ILO convention on the accommodation on board on fishing vessels.

6. Chapters XXI, XXIV, XXV and XXVI contain provisions on pollution preventing measures and have been drawn up on the basis of the International MARPOL Convention for the Prevention of Pollution from Ships.

7. Chapters XIII-XX, XXII and XXIII have been left out for possible later usage.

Appendix 1 in annex 2 is organised in such a way that Danish regulations which either implement or supplement the international provisions are printed in italics.

Text originating from EU directives has been printed has been printed in rectangular brackets [....].

New provisions have been underlined.

Appendix 2 in annex 2 is a reprint of council Directive 97/70EC of 11 December 1997 on “setting up a harmonised safety regime for fishing vessels of 24 metres in length and over”. The Directive contains 5 annexes with amendments and attachments to the 1993 Protocol of the Torremolinos Convention, 1977. These annexes to the Directive are included in annex 2 to this notice from the Faroese Maritime Authority.

Appendix 3 in annex 2 is a reprint of the Torremolinos Convention of 1993 relating to the Torremolinos Convention of 1977, including attachments 2 and 3:

1) Attachment 2 to the Protocol of the Torremolinos Convention contains the Torremolinos conference resolutions addressing governments.

2) Attachment 3 to the Protocol of the Torremolinos Convention contains important technical recommendations, some of which are made mandatory by appendix 1 in annex 2 to Notice E from the Faroese Maritime Authority.

The provisions in Council Directive 96/98/EC of 20 December 1996 on marine equipment with later amendments, have been implemented in the Faroe Islands by notice from the Faroese Maritime Authority on equipment on board vessels which shall apply to equipment required by:

1) The SOLAS Convention,

2) The International Load Line Convention, 1966 (LL66),

3) The International Regulations for Preventing Collisions at Sea, 1972 (COLREG) and

4) The MARPOL Convention, 1973.

The international Conventions shall apply to fishing vessels only to a limited extent. These are instead covered by the 1993 Protocol to the Torremolinos Convention of 1977, which stipulates independent standards for fishing vessels. Where relevant, equipment for fishing vessels may, however, be replaced by equipment which has been “EU conformity-marked”.

 

Amended chapters

 

Technical regulation

 

Section 4 introduces a requirement for companies and persons in Denmark carrying out conversions of Danish fishing vessels to report this to the Danish Maritime Authority.

 

Chapter III. Stability and associated seaworthiness

A provision has been inserted stipulating that fishing vessels shall be fitted with a mark showing the maximum permissible operating draught.

 

Chapter XXI. Prevention of pollution by oil

Editorial amendments have been inserted as a consequence of an amendment of the definition of oil residues (sludge).

 

Chapter XXIV. Prevention of pollution by sewage from ships

Minor editorial amendments have been inserted in the chapter clarifying that sewage from animals is also covered by these provisions.

 

Chapter XXV. Prevention of pollution by garbage from ships

Editorial amendments have been inserted in this chapter.

 

Chapter XXVI. Prevention of air pollution from ships

The most extensive amendments in this chapter are stricter requirements on the discharge of SOx and NOx. These requirements become gradually stricter. The first new requirements for stricter SOx discharges enter into force on 1 July 2010 in the special emission control areas, while the first stricter requirements for NOx discharges will enter into force on 1 January 2011. The related IAPP certificates are also amended.

 

In addition, more lenient requirements have been introduced as regards the designation of the special emission control areas, which means that, in the future, more such areas are expected.

 

Furthermore, it should be added that the technical NOx Code (which does not form part of Notice B) has also been revised. The related EIAPP certificate has also been amended.

 

 

 

 

 

Notice E from the Danish Maritime Authority
The dates of the chapters in the versions from 1 February 1999
Date of signature	15/12-98	24/9-01	27/12-02	8/12-04	1/5-05	20/9-06	24/4-07	15/12-08	14/12-10
Annex I
E I	1/2-99	1/2-02	1/1-03					15/12-08
E II	1/2-99		1/1-03
E III	1/2-99		1/1-03						14/12-10
E IV	1/2-99		1/1-03
E V 1)	1/2-99		1/1-03					15/12-08
E V 2)	1/2-99		1/1-03
E VI A	1/2-99		1/1-03			1/10-06		15/12-08
E VI B			1/1-03
E VI C			1/1-03
E VII 1)	1/2-99	1/2-02	1/1-03					15/12-08
E VII 2)	1/2-99		1/1-03
E VIII	1/2-99
E IX	1/2-99			1/1-05
E X	1/2-99			1/1-05
E XI	1/2-99	1/1-02
E XII	1/2-99		1/1-03				1/5-07
E XIII-XX	Reserved for later use
E XXI 3)	1/2-99		1/1-03			1/10-06	1/5-07		14/12-10
E XXII-XXIII	Reserved for later use
E XXIV	1/2-99 1)		1/1-03 1)	1/1-05					14/12-10
E XXV	1/2-99 2)		1/1-03 2)	1/1-05					14/12-10
E XXVI 4)					1/5-05	1/10-06	1/5-07		14/12-10
Appendix	1/2-99
Annex 2	1/2-99
Annex 3	1/2-99
Appendix 1	Identical to annex I, appendix, and consequently not included here
Appendix 2	1/2-99
Appendix 3	1/2-99

 

¹⁾  Chapter given as E XX

²⁾   Chapter given as E XXIV

³⁾  The same as in notices D and E

⁴⁾    The same as in notices B, D and E

 

 

 

Overview of the chapters in the executive order:

 

Annex 2
Chapter	Content:	Date:
E I	General provisions	1 July 2018
E II	Construction, watertight integrity and equipment	1 January 2003
E III	Stability and associated seaworthiness	14 December 2010
E IV	Machinery and electrical installations in periodically unattended machinery spaces	1 January 2003
E V (1 2)	Fire protection, fire detection and fire extinction	15 December 2008
E VI (A B C)	Crew protection (occupational health and safety, etc.)	15 December 2008
E VII (1 2)	Life-saving appliances and arrangements	15 December 2008
E VIII	Emergency procedures, musters and drills	1 February 1999
E IX	Radiocommunications	1 January 2005
E X	Safety of navigation	1 January 2005
E XI	Regional and local provisions (Annex III of the Directive)	1 February 1999
E XII	Accommodation, etc.	1 May 2007
E XIII-XX	(Reserved for possible later use)
E XXI	Prevention of pollution by oil	14 December 2010
E XXII-XXIII	(Reserved for possible later use)
E XXIV	Prevention of pollution by sewage from ships	14 December 2010
E XXV	Prevention of pollution by garbage from ships	14 December 2010
E XXVI	Prevention of air pollution from ships	14 December 2010
Attachment	Certificates, forms and records of equipment	1 February 1999
Annex 3	Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over	1 February 1999
Annex 4	Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for Safety of Fishing Vessels, 1977	1 February 1999
Attachment 1	Annex 4, attachment 1, is identical to annex 2 and has, consequently not been included here
Attachment 2	Torremolinos Protocol of 1993 relating to the Torremolinos Convention, Attachment 2, resolutions from the conference	1 February 1999
Attachment 3	Torremolinos Protocol of 1993 relating to the Torremolinos Convention, Attachment 3, recommendations by the conference	1 February 1999