Translation: Only the Faroese text has legal validity
Pursuant to section 2 subsection 2, section 8, section 49 subsection 2 of the Parliamentary Act no. 165 of 21 December 2001 on safety at sea as amended by Parliamentary Act no. 122 of 15 December 2014, the following shall be laid down:
Section 1. This executive order applies to all commercial occupation carried out on board on new and existing Faroese vessels.
Section 2. The obligations pursuant to this executive order shall rest with the shipowners, masters, supervisors and other persons performing work on board. If somebody else than the shipowner is the employer, the obligations imposed on the shipowner pursuant to this executive order shall also rest with the employer.
Subsection 2. If a document of compliance pursuant to the International Safety Management Code has been issued to another organisation or person, the obligations imposed on the shipowner pursuant to this executive order shall also rest with this organisation or person.
Subsection 3. If a certificate pursuant to the Maritime Labour Convention has been issued to another organisation or person, the obligations imposed on the shipowner pursuant to this executive order shall also rest with this organisation or person.
Section 3. The shipowner and the master shall ensure that the crew is familiar with the provisions in this executive order that are of importance to their occupational health on board the vessel.
Subsection 2. A copy of this executive order shall be available on board merchant vessels with four or more crewmembers, including the master of the ship, as well as on board fishing vessels of 45 metres in length and over. Electronic access to the executive order is also approved provided that it is possible to read the executive order on board.
Section 4. 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, see however subsection 3.
Subsection 3. A legal person who is able to prove that everything necessary has been done to ensure good and safe occupational health on board, cannot, however, be punished under circumstances where an employee violates the regulations in this executive order on use of personal protective equipment etc. specifically implemented as protection for the individual employee.
Section 5. This executive order shall enter into force on 1 August 2016.
Subsection 2. At the same time notice from the Faroese Maritime Authority no. 3 of 6 December 2012 on noise on board vessel, shall be repealed.
The Faroese Maritime Authority, 15 July 2016
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) References to tasks and authorities of “the Sea Health & Welfare” (Søfartens Arbejds-miljøråd) and “the Danish Fishermen’s Occupational Health Services (Fiskeriets Arbejdsmiljøråd) are not applicable to Faroese vessels. Guidelines etc. from the mentioned authorities may, however, be used for ease of reference with regard to the administration of this executive order.
4) References in this executive order to rules, guidelines etc. from Danish authorities as e.g. the Danish Working Environment Authority (Arbejdstilsynet), the Ministry of Environment and Food of Denmark (Miljøministeriet) or the Danish Maritime Authority (Søfartsstyrelsen) shall be understood as references in compliance with legislation from the relevant Faroese Authorities, i.e. from the Faroese Working Environment Service,(Arbeiðseftirlitinum), the Environment Agency (Umhvørvisstovan) and the Faroese Maritime Authority( Sjóvinnu-stýrið). To the extent that the Faroese legislation intentional deviates from the Danish legislation, the Faroese rules shall apply with regard to this executive order. If there is no Faroese legislation, guidelines etc. on the area concerned, relevant Danish or international rules shall be used as guidelines for Faroese vessels.
5) Since the Faroe Islands is not an EU member State, the references 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 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.
6) 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 date this executive order enters into force provided it is not inconsistent with international requirements.
7) 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 executive order, provided that it is not contrary to the Faroe Island’s obligations pursuant to international conventions and possible EU legislation which lays down requirements to third country vessels and otherwise only if it is deemed necessary, reasonable and advisable with regard to the safety at sea.
8) In general, the notice shall be read and understood with regard to Faroese vessels, Faroese conditions and Faroese jurisdiction.
9) 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.
