{
  "url": "https://openlegislation.uk/fishing-vessels-ec-directive-on-harmonised-safety-regime-regulations-1999/note",
  "json_url": "https://openlegislation.uk/fishing-vessels-ec-directive-on-harmonised-safety-regime-regulations-1999/note.json",
  "legislation": "uksi/1999/2998",
  "legislation_title": "The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999",
  "legislation_url": "https://openlegislation.uk/fishing-vessels-ec-directive-on-harmonised-safety-regime-regulations-1999",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\n1 These Regulations give effect in part to Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJ L34, 9.2.98, p.1) as amended by Commisson Directive 1999/19/EC (OJ L83, 27.3.99, p.48) which is not relevant to these Regulations (“the Council Directive”). The Council Directive essentially provides for compliance with the Torremolinos Protocol (Cmnd. 3339) relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977 (Cmnd. 7252) (“the Torremolinos Protocol”).\n2 In particular, regulation 6 (general compliance with the Torremolinos Protocol) gives effect to Article 3 of the Council Directive; regulation 7 (standards for design, construction and maintenance) gives effect to Article 5; regulations 9 and 10 (surveys and issue of certificates) give effect to Article 6; and regulation 17 (control provisions) gives effect to Article 7.\n3 The Regulations primarily affect new (post 1st January 1999) fishing vessels. In relation to new United Kingdom fishing vessels of 24 metres or more in length:\n(a) the Fishing Vessels (Safety Provisions) Rules 1975 (S.I. 1975/330), as amended (“the 1975 Rules”) cease to apply, except for certain Rules which implement requirements in other EC Directives, and provisions for survey of radio equipment (Schedule 1, paragraphs 1 and 2 and Schedule 2);\n(b) such vessels are instead required to comply with Chapters II to VIII and X of the Torremolinos Protocol as modified in Schedule 3 to the Regulations (regulation 6);\n(c) new survey and certification requirements are imposed (regulations 10 to 13); and\n(d) references in other enactments to fishing vessel certificates (other than under Chapter II of Part V of the Merchant Shipping Act 1995) include references to certificates under these Regulations (regulation 19).\n4 For existing UK fishing vessels of 24 metres or more in length the 1975 Rules in general continue to apply except for matters covered by the Torremolinos Protocol. A certificate of compliance, record of equipment and exemption certificate (if appropriate) in a form set out in Annex V to the Council Directive will be issued in addition to any certificates required under the 1975 Rules. From 1st January 2000 certificates are to be issued in accordance with paragraph 7 of Schedule 1 to these Regulations which adds Rule 126B to the 1975 Rules.\n5 Non-United Kingdom fishing vessels are now subject to control in certain circumstances (regulations 17 and 18(2)).\n6 A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 01703 329130).\n7 Merchant Shipping Notices are obtainable from EROS Marketing Support Services, Delta House, the Imber Court Business Park, Orchard Lane, East Molesey, Surrey KT8 0BN (telephone number 0181 957 5028). Copies of the Torremolinos Protocol can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/2998/note",
    "retrieved_at": "2026-10-29T09:36:11.500592+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}