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Translation: Only the Faroese text has legal validity

Pursuant to section 2 subsection 2, sections 7-11, sections 14 and 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. The executive order applies to small commercial vessels in accordance with the provisions and chapter I, regulation 1. The executive order shall also apply to legal persons and individual persons in the Faroe Islands carrying out conversions of fishing vessels subject to this set of rules.

Section 2. Equipment for commercial vessels carrying the EU conformity mark pursuant to the notice in force from the Faroese Maritime Authority on equipment of vessels, may be replaced by equipment mentioned in this executive order.

Section 3. Legal persons or individual persons in the Faroe Islands, who according to Chapter I regulation 5 carry out conversions of Faroese vessels subject to this executive order, shall prior to the conversion report this to the Faroese Maritime Authority.

Section 4. Contraventions of the provisions in this executive order shall be punished by fine or imprisonment for a term not exceeding 2 year.

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

Section 5. This executive order shall enter into force the day after is has been promulgated.

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The Faroese Maritime Authority, 5 April 2017

Hans Johannes á Brúgv, Director General

        / Gunnvá S. á Lofti, Head of Department

Annex 1

The executive order in general:

General adjustments to Faroese conditions:

1)      Everywhere where “the Danish Maritime Authority” or other Danish authority is stated in this regulation, 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 regulation, 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 provisions in this set of rules with regard to formal internal rights and obligations for an EU member State towards another member state, or the obligation to report etc. towards an EU authority, do not apply to the Faroe Islands unless this directly has been imposed on third country vessels. Technical requirements arising from EU legislation (directives etc.), and which are laid down in this set of rules are, however, applicable to relevant Faroese vessels, covered by this set of rules, to the extent the mentioned EU legislation also applies to vessels not flying the EU flag (third country vessels).

4)      The Faroese Maritime Authority may deviate from the time limits on fulfilling the requirements mentioned in this set of rules, if it in the specific case, is deemed necessary, reasonable and advisable with regard to the safety at sea.

5)      In general, the whole notice shall be read and understood with regard to Faroese vessels, Faroese conditions and Faroese jurisdiction.

6)      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.

Specific Faroese rules on imported vessels, trade area, adjustments of deadlines etc.:

1)Everywhere in the notice “1 January 2007” will change to “1 October 2007” with the exemption of chapter IX on Radiocommunications, regulation 6.4 where “1 January 2007” will change to “1 January 2008”.

2)The “Trade areas” mentioned in chapter I, regulation 2, items 46-50 shall in Faroese connection be understood as stipulated below. The Danish definitions of “trade area” – with the exemption of item 51 on trade area 6 – are therefore not applicable in the Faroes Islands.

a) Trade area F1 means trade within 2 nautical miles from the baselines

b) Trade area F2 means trade within 15 nautical miles from the baselines

c) Trade area F3 means trade within 30 nautical miles from the baselines

d) Trade area F4 means trade within 60 nautical miles from the baselines – however, in the period 1 April to 30 September 90 nautical miles from the baselines

e) Trade area F5 means trade within 120 nautical miles from the baselines – however, in the period 1 April to 30 September also trade around Iceland and Scotland

3) With reference to the provision in chapter I, regulation 1b, item 1.3 the Faroese Maritime Authority may permit a vessel of less than 12 metres – but never of less than 10 metres – to operate in trade area F4. This provision does, however, not apply to commercial vessels which are built, converted, bought or imported after 1 October 2008 for the purpose of fishing in trade area F4.

4) The wording “commercial catching of fish” in chapter I, regulation 2, item 7, shall be understood as a vessel with fishing license 5A. Fishing vessels holding a 5B fishing license may, however, also be considered as commercial after a concrete assessment by the Faroese Maritime Authority, with among others emphasis on type of vessel and equipment, how the vessel is registered, whether it is a full time job or extra job for the person concerned, scope and income from the fishery, including number of fishing days and selling etc.

5) The size of a commercial vessel subject to this notice, is always determined as the length L1(Length l) in accordance with chapter I, regulation 2, item 15.

6) Commercial vessels subject to this notice F and which are imported to Faroe Islands, shall be considered as a “new vessel” in accordance with chapter I, regulation 2 item 4.3

7) In chapter V, regulation 8 “1 January 2005” will change to ”1 October 2007”.

8) The requirement in chapter VII, regulation 7, item 4 on “harness or rescue sling” is not applicable in Faroe Islands. Otherwise the provisions in mentioned regulation are, however, applicable to Faroese vessels.

9) The provisions in chapter XXI (Prevention of pollution by oil), chapter XXIV (Storage and treatment of sewage) and chapter XXV (Prevention of pollution by garbage from ships) shall be read with regard to the provisions in executive orders 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 provisions deviate from the Danish provisions, the Faroese provisions shall apply.

10) In chapter XXVI, Prevention of air pollution from ships, “19 May 2005” will everywhere be changed to “19 May 2007”. The provisions in chapter XXVI regulation 12 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.

Overview of chapters in annex 2 to executive order from the Faroese Maritime Authority on construction and equipment, etc. of small commercial vessels: