Translation: Only the Faroese text has legal validity

 

Pursuant to section 2 subsection 2, sections 7-11 and 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 Parliamentary Act no. 122 of 15 December 2014, the following shall be laid down:

Section 1. This executive order shall, in accordance with the provisions in chapter D I, regulation 1 in annex 1 apply to passenger ships and high-speed passenger crafts engaged on domestic voyages, irrespective of the flag they are flying.

Subsection 2. The provisions on passenger ships and high-speed passenger craft engaged on domestic voyages in force so far shall continue to apply to existing ships unless otherwise provided in this executive order.

Section 2. All passenger ships engaged on domestic voyages shall have been approved by the Faroese Maritime Authority before engaging in trade, either as a newbuilding or as bought from abroad. The Faroese Maritime Authority may, as a precondition for granting such a permit, require that the passenger ship has a safety level corresponding to the regulation in force.

Section 3. Detailed regulations regarding construction and equipment etc. are published in annex 2 and 3. Furthermore annex 3 contains further regulation on passenger ships below 15 metres made of fibre glass.

Section 4. A copy of this executive order shall always be carried on board ships of 15 metres or more covered by the executive order. Electronic access to the executive order is also approved provided that it is possible to read the executive order on board.

Section 5. Contraventions of the provisions in this executive order 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 the day after it has been promulgated.

Subsection 2. Unless otherwise provided in this executive order, the construction requirements of the previous provisions shall continue to apply to existing passenger ships engaged on domestic voyages.

Subsection 3.  Certificates with associated declarations of compliance, part 1 and part 2, issued pursuant to regulation 5, chapter XIII in annex 2, shall remain valid until the expiry of the deadline for renewal surveys.

 

 

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:

The provisions in annex I 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 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 legislations 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 dates mentioned in the annexes to this executive order, and which are connected to the entry into force of the relevant Danish regulations, shall, in Faroese context, be understood as applicable from the entry into force of this executive order, provided that it is not contrary to international requirements.

5)      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.

6)      In general, the executive order shall be read and understood with regard to Faroese vessels, Faroese conditions and Faroese jurisdiction.

7)      The guidelines in force at any time from the Danish Maritime Authority, and which relate to this executive order, shall also with necessary adjustments be applicable for the Faroese Maritime Authority.

8)      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 executive order no. 122, 123 and 124 of 25 November 2005 on the discharge of garbage, sewage and oil from ships, respectively. To the extent that the Faroese rules deviate from the Danish rules, the Faroese rules shall apply.

Specific amendments in chapter D I:

 

1)      Passenger ships which are imported to Faroe Islands with the purpose of domestic voyages with passengers, shall be considered as “new vessel” pursuant to chapter D I, regulation 2.8.

2)      The provisions in chapter D I, regulation 3 (Classes of passenger ships in Danish and Greenlandic sea areas) are not applicable in the Faroe Islands. Instead the specific provisions on the Faroese sea areas with associated charts will be inserted as regulation 3 in chapter D I in this annex to the executive order.

3)      The requirements in chapter D I, regulation 4, subsection 1, paragraph. 1.6 and regulation 4, subsection 3, paragraph 3.2 on steel or another equivalent materiel are in the Faroese regulation only applicable to passenger ships of 15 metres or more.

 

Passenger ships below 15 metres may be built of GRP. They shall then – in addition to the requirements in this regulation which apply to passenger ships irrespective of which material they are built of - also comply with the constructive requirements on materials and building of GRP boats. This shall be pursuant to the requirements of an approved classification society, however, not less than the requirements in the Nordic Boat Standard on Commercial Boats 1990 as well as to the attachment in force, dated 1 August 2006  in annex 2 to this executive order.

GRP boats below 15 metres which before 1 August 2006 have been approved as passenger ships, may by the Faroese Maritime Authority be fully or partly exempted from the requirements in this regulation, and instead continue to be approved as passenger ships pursuant to the rules which they so far have been approved by.

Adjustment of dates/deadlines in annex I:

 

All dates between 1 January 2002 and 1 August 2006 stipulated in annex I to this executive order shall in Faroese context be understood as “1 January 2007”, however, so that:

 

1) The stipulated period of adjustment (the interval) for complying with the requirements in Faroese context shall be the same as stipulated for Danish/Greenlandic vessels.

 

2) Specific adjustments of certain dates in older versions of Notice D from the Faroese Maritime Authority shall still apply.

 

3) Dates stipulated pursuant to international conventions or EU legislation applicable for third country vessels shall be complied with when required by the international convention or EU legislation.

 

Overview of chapters in executive order from the Faroese Maritime Authority on notice D

 

 

Chapter	Context	Date
D I	General provisions	29 June 2011
D II-1	Construction – Subdivision and stability, machinery and electrical installations	29 June 2011
D-II-2	Construction – Fire-protection, fire-detection and fire-extinction	29 June 2011
D II-3	Accommodation, etc	29 June 2011
D II-4	(Reserved for possible later use)
D II-5	Load lines	1 May 1999
D III	Life-saving appliances	29 June 2011
D IV	Radiocommunications GMDSS	29 June 2011
D V	Safety of navigation	29 June 2011
D VI	Carriage of cargoes	29 June 2011
D VII	Carriage of dangerous goods	29 June 2011
D VIII	(Reserved for possible later use)
D IX	Management for the safe operation of ships	29 June 2011
D X	(Reserved for possible later use)
D XI	Special measures to enhance maritime security	29 June 2011
D XII	(Reserved for possible later use)
D XIII	Seafarers’ working and living conditions – Survey and certification	2017
D XIVXX	(Reserved for possible later use)
D XXI	Prevention of pollution by oil from ships	29 June 2011
D XXII	(Reserved for possible later use)
D XXIII	Prevention of pollution by harmful substances carried by sea in packaged form	29 June 2011
D XXIV	Treatment and storage of sewage (the previous chapter D XX)	29 June 2011
D XXV	Prevention of pollution by garbage from ships (the previous chapter D XXIV).	29 June 2011
D XXVI	Prevention of air pollution from ships,	29 June 2011
D XXX	Council Directive 98/18/EC on safety rules and standards for passenger ships.

 

 

Annex 3

Additional requirements to glassfibre reinforced polyester (GRP) passenger ships below 15 metres

1 August 2006