Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th December, 2017.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002¹ , as last amended by Commission Directive 2014/100/EU² , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Vessel Traffic Monitoring and Information System) (Amendment) Regulations 2017.

(2) These Regulations shall come into operation on 1 January 2018.

2. The European Communities (Vessel Traffic Monitoring and Information System) Regulations 2010 ( S.I. No. 573 of 2010 ) are amended—

(a) in Regulation 8, by the substitution of the following paragraph for paragraph (1):

“8.(1) The operator, agent or master of—

(a) a passenger ship, irrespective of size, or

(b) a ship, other than a passenger ship, of 300 gross tonnage and upwards

calling at a port in the State shall ensure that the ship is fitted with an automatic identification system which meets the performance standards drawn up by the IMO.”,

and

(b) in Regulation 18(1) by the substitution of “within the territorial waters or the exclusive economic zone of the State” for “within the exclusive economic zone of the State”.

GIVEN under my Official Seal,

1 December 2017.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations remove anomalies that existed in Regulation 8 and 18 of the European Communities (Vessel Traffic Monitoring and Information System) Regulations 2010 ( S.I. No. 573 of 2010 ) which arose in the transposition of Articles 6 and 17 respectively of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002, as last amended by Commission Directive 2014/100/EU of the European Commission of 28 October 2014.

1 OJ No. L 208, 5.08.2002, p.10.

2 OJ No. L 308, 29.10.2014, p.82.