Written answers
Wednesday, 10 March 2021
Department of Transport, Tourism and Sport
International Bodies
Catherine Murphy (Kildare North, Social Democrats)
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211. To ask the Minister for Transport, Tourism and Sport if he will provide a schedule of the International Maritime Organisation Conventions and Codes (details supplied) that have yet to be ratified in Ireland; and the stage they are at in the ratification process, that is, in part, yet to commence and be fully ratified. [12557/21]
Hildegarde Naughton (Galway West, Fine Gael)
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An international convention is a multi-nation agreement between states that sets out certain standards to be met by signatory nations and according to Bunreacht na hÉireann, international conventions can only become a part of domestic law if the Oireachtas so determines. Therefore, anytime Ireland is required to ratify an international convention, primary legislation is required. In addition, effect can only be given to an international convention as it stands at the time of the enactment of the Act. As a result, primary legislation is required to update the definitions of the various Conventions as they are amended. In practice this would require my Department to enact primary legislation nearly on an annual basis to keep up with the amendments to international conventions in order to provide for the necessary secondary legislation.
The Law Reform Commission (LRC) is aware of the challenges the Department faces when implementing international obligations into domestic legislation. In 2014 the Commission began work on a project which examines the methodology and models of implementing international obligations and the monitoring of and accountability for state obligations and published a report in September 2020 which is available here
The majority of international conventions which come under the remit of the Department fall under the International Maritime Organization (IMO). The IMO details ratification by States on its website available here
The table below outlines the status of the conventions relevant to my Department as requested with regard to their ratification. It should be noted that Codes, Guidelines and amendments to Conventions do not require individual ratification and unless an objection is raised they are accepted. However, implementing legislation may be needed to give effect to such Codes, Guidelines and amendments.
| Convention/Protocol/Code | In full | In Part | To Commence | Comments |
|---|---|---|---|---|
| International Convention for the Prevention of Pollution of the Sea by Oil, 1954 | X | |||
| International Convention for the Prevention of Pollution from Ships, 1973; the 1978 and 1997 Protocols thereto (MARPOL), as amended | X | |||
| International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 and the 1996 Protocol thereto, as amended | X | |||
| Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1992 | Only relevant to Baltic States | |||
| Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposals, 1989 as amended (1) | Does not come under the remit of the Department of Transport | |||
| International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (1) | X | |||
| International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (1) | X | Drafting underway on implementing instrument. | ||
| Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (1) | X | Primary Legislation required. | ||
| International Code of Safety for Ships Operating in Polar Waters (Polar Code) (1) | Codes do not require separate ratification. This Code is part of the SOLAS and MARPOL Conventions | |||
| International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (1) | X | |||
| Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973 as amended | X | |||
| International Convention on Oil Pollution, Preparedness, Response and Co-operation, 1990 | X | |||
| Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol) | X | |||
| International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC) | X | Since denunciated | ||
| Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage of 29 November 1969 | X | Since denunciated | ||
| Consolidated Text of the International Convention on Civil Liability for Oil Pollution Damage, 1969 as amended by the 1992 Protocol thereto (1992 CLC), as amended | X | |||
| International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (1992 Fund Convention) as amended | X | |||
| Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (Supplementary Fund Protocol) | X | |||
| International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (HNS Convention 2010) | X | Primary Legislation required | ||
| Basel Protocol on Liability and Compensation for Damage resulting from Transboundary Movements of Hazardous Wastes and their Disposal, 1999 | Does not come under the remit of the Department of Transport | |||
| International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention) | X | |||
| International Maritime Security | ||||
| Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden (Djibouti Code of Conduct) | Not relevant to Ireland - ineligible | |||
| Revised Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships, and Illicit Maritime Activity in the Western Indian Ocean and the Gulf of Aden Area | Not relevant to Ireland - ineligible | |||
| Code of Conduct Concerning the Repression of Piracy, Armed Robbery against Ships, and Illicit Maritime Activity in West and Central Africa, 2013 (Yaoundé Code of Conduct) | Not relevant to Ireland - ineligible | |||
| Code of Practice for the Investigation of Crimes of Piracy and Armed Robbery Against Ships | Not relevant to Ireland - ineligible | |||
| Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) | Not relevant to Ireland - ineligible | |||
| International Convention Relating to Stowaways, 1957 | Never entered into force internationally | |||
| Convention on Facilitation of International Maritime Traffic, 1965, as amended (The FAL Convention) | X | |||
| IMO Resolution FAL.13(42) (adopted on 8 June 2018) Revised Guidelines on the Prevention of Access By Stowaways And The Allocation Of Responsibilities To Seek The Successful Resolution Of Stowaway Cases | Guidelines do not require ratification | |||
| United Nations Convention against Transnational Organized Crime, 2000 | Does not come under the remit of Department of Transport. | |||
| Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime | Does not come under the remit of Department of Transport. | |||
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime | Does not come under the remit of Department of Transport. | |||
| United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 | Does not come under the remit of Department of Transport. | |||
| Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, 2001 | Does not come under the remit of Department of Transport. | |||
| Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 (SUA Convention) | X | Maritime Security Act 2004 | ||
| Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 | X | Maritime Security Act 2004 | ||
| 2005 Protocol to the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation | X | |||
| 2005 Protocol to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf | X | |||
| International Convention for the Suppression of Terrorist Bombings, 1997 | Does not come under the remit of Department of Transport. | |||
| International Convention for the Suppression of the Financing of Terrorism, 1999 | Does not come under the remit of Department of Transport. | |||
| International Convention for the Suppression of Acts of Nuclear Terrorism, 2005 | Does not come under the remit of Department of Transport. | |||
| International Ship and Port Facility Security Code (ISPS Code) | Codes do not require separate ratificaiton. This Code is part of SOLAS and is also covered by EU Regulation 725/2004 | |||
| Convention on the Code of Conduct for Liner Conferences (Geneva, 1974) | Does not come under the remit of Department of Transport. | |||
| United Nations Convention on Contracts for the International Sale of Goods, (Vienna, 1980) | Does not come under the remit of Department of Transport. | |||
| United Nations Convention on Conditions for Registration of Ships, (Geneva, 1986) | Not in force internationally | |||
| International Convention for the Unification of Certain Rules Relating on Maritime Liens and Mortgages (with protocol of Signature), 1926 | X | There are no plans at present to ratify these conventions. | ||
| International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages, 1967 | X | There are no plans at present to ratify these conventions. | ||
| International Convention on Maritime Liens and Mortgages, 1993 | X | There are no plans at present to ratify these conventions. | ||
| International Convention Relating to the Arrest of Sea-Going Ships, 1952 | Acceded to in 1990 | |||
| International Convention on the Arrest of Ships, 1999 | Does not come under the remit of Department of Transport. | |||
| International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, 1924 (Hague Rules) | X | Ireland is not part Uncitral and no plans to ratify these conventions | ||
| Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1968 (Hague-Visby Rules) | X | Ireland is not part Uncitral and no plans to ratify these conventions | ||
| United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) | X | Ireland is not part Uncitral and no plans to ratify these conventions | ||
| United Nations Convention on Carriage of Goods (Wholly or Partly) by Sea, 2008 (Rotterdam Rules) | X | Ireland is not part Uncitral and no plans to ratify these conventions | ||
| United Nations Convention on International Multimodal Transport of Goods, 1980 | X | Ireland is not part Uncitral and no plans to ratify these conventions | ||
| Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (Athens Convention) | X | SI 552/2012 in relation to the Liability of Carriers of passengers by sea implements EU Regulation 392/2009 | ||
| Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (Athens Convention 2002) | X | SI 552/2012 in relation to the Liability of Carriers of passengers by sea implements EU Regulation 392/2009 | ||
| Guidelines for the Implementation of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 2002 (IMO Reservation and Guidelines 2006) | While guidelines are not required to be ratified, EU Regulation 392/2009 incorporates and makes binding parts of the IMO Guidelines. | |||
| Maritime Labour Convention, 2006 (MLC 2006) | X | |||
| C188 - Work in Fishing Convention, 2007 (No. 188) | X | Directive 2017/259 implementing the social partners' agreement for the Work in Fishing Convention has been transposed providing for the majority of the requirements of the Convention. Requires primary legislation for ratification - drafting of general scheme underway. | ||
| Convention for the Unification of Certain Rules of Law respecting Assistance and Salvage at Sea, 1910 | Over-ridden by the 1989 Convention on Salvage | |||
| Protocol of 1967 to amend the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea of 23 September 1910 | Over-ridden by the 1989 Convention on Salvage | |||
| International Convention on Salvage, 1989 | X | |||
| Nairobi International Convention on the Removal of Wrecks, 2007 (Nairobi Convention) | X | Primary Legislation required | ||
| York-Antwerp Rules | The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability | |||
| CMI Guidelines Relating to General Average | The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability | |||
| International Convention for the Unification of Certain Rules of Law Relating to Collision between Vessels, 1910 | The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability | |||
| International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952 | The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability | |||
| The Draft International Convention for the Unification of Certain Rules Concerning Civil Jurisdiction, Choice of Law, and Recognition and Enforcement of Judgments in Matters of Collision, 1977 (Rio Rules 1977) | The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability | |||
| International Convention for the Unification of Certain Rules of Law Relating to Penal Jurisdiction in Matters of Collisions or Other Incidents of Navigation, 1952 | The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability | |||
| International Convention for the Unification of Certain Rules of Law relating to the Limitation of the Liability of Owners of Sea-Going Ships, 1924 | The Department of Transport has no records relating to Rules, Conventions and Guidelines, which appear to relate to commercial issues around insurance and may in some case have been superseded by the 1957 Protocol and 1976 Convention on limitation of liability | |||
| International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships, 1957 and Protocol of Signature | X | |||
| Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC Convention) | X | |||
| Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims of 19 November 1976 (1996 LLMC Protocol) | X | |||
| Resolution LEG.5(99) (Adopted On 19 April 2012) on the Adoption of Amendments of the Limitation Amounts in the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims, 1976 | Amendments do not require separate ratification but legisation may be needed to give effect to such amendments | |||
| Law Of Maritime Safety | ||||
| International Convention for the Safety of Life at Sea (SOLAS), 1974 | X | Primary legislation is required for any amendments to SOLAS Convention after 2012 | ||
| International Convention for the Safety of Life at Sea (SOLAS) Protocol, 1978 | X | Primary legislation is required for any amendments to SOLAS Convention after 2012 | ||
| International Convention for the Safety of Life at Sea (SOLAS) Protocol, 1988 | X | Primary legislation is required for any amendments to SOLAS Convention after 2012 | ||
| Consolidated version SOLAS, 2018 | Does not require ratification - consolidated text of the Conventions | |||
| International Convention on Load Lines, 1966 | X | |||
| 1988 Protocol to the International Convention on Load Lines, 1966 | X | |||
| Amendments to 1988 Protocol to the International Convention on Load Lines | Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments | |||
| International Convention on Tonnage Measurements of Ships, 1969 | X | |||
| Amendments to the International Convention on Tonnage Measurements of Ships 1969 | Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments | |||
| Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) | X | |||
| International Convention for Safe Containers (CSC) 1972 | X | |||
| 1993 Amendments to the International Convention for Safe Containers (CSC) | Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments | |||
| Amendments to the International Convention for Safe Containers (CSC) 1972 (1) | Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments | |||
| Amendments to the International Convention for Safe Containers (CSC) 1972 (2) | Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments | |||
| Torremolinos International Convention for the Safety of Fishing Vessels, 1977 | X | |||
| Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 Relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (1) | X | Requires primary legislation for ratification - drafting of general scheme underway | ||
| International Convention on Standards of Training, Certification, and Watchkeeping of Seafarers (STCW) 1978 | X | |||
| International Convention on Standards of Training, Certification, and Watchkeeping of Seafarers (STCW) 1978, as amended | Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments | |||
| International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995 | X | Requires primary legislation for ratification - drafting of general scheme underway | ||
| International Convention on Maritime Search and Rescue, 1979 | X | |||
| Amendments to International Convention on Maritime Search and Rescue, 1979 (1) | Amendments to Conventions do not require individual ratification although legislation may be required to give effect to amendments | |||
| Convention on the International Maritime Satellite Organization | Not a member of the organisation or party to the Convention | |||
| Safety Codes | ||||
| Code of Safe Practice for Cargo Stowage and Securing (CSS Code) (1) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| Code of Safe Practice for Cargo Stowage and Securing (CSS Code) (2) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| Code of Safe Practice for Cargo Stowage and Securing (CSS Code) (3) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Maritime Solid Bulk Cargoes Code (IMSBC Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Code for the Safe Carriage of Grain in Bulk (International Grain Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| Code of Safe Practice for Ships Carrying Timber Deck Cargoes (TDC Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Maritime Dangerous Goods Code (IMDG Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Safety Management Code (ISM Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| International Code of Safety for Ships Operating in Polar Waters (Polar Code) | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| Principles of Safe Manning | Does not require individual ratification but is either referred to or encompassed into the relevant convention | |||
| Procedures for Port State Control, 2017 | Does not require individual ratification but is either referred to or encompassed into the relevant convention |
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