High-Speed Passenger Craft Services) Regulations, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,524, 26 ta’ Diçembru, 2003

L.N. 433 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Safe Operation of Regular Ro-Ro Ferry and

High-Speed Passenger Craft Services) Regulations, 2003

IN exercise of the powers conferred by article 374 of the Merchant

Shipping Act, the Minister for Transport and Communications has made

the following regulations:-

(1) The title of these regulations is the Merchant Shipping Short title,

(Safe Operation of Regular Ro-Ro Ferry and High-Speed Passenger commencement and

scope.

Craft Services) Regulations, 2003.

(2)

These regulations shall come into force on the 1st April,

2004. (3) These regulations adopt the measures contained in

Council Directive 1999/35/EC of 29 April 1999 in its up-to-date version,

hereinafter referred to in these regulations as Council Directive 1999/

35/EC.

(1)

In these regulations, unless the context otherwise Interpretation.

requires –

“Act” means the Merchant Shipping Act;

“1974 SOLAS Convention” means the International

Convention for the Safety of Life at Sea signed in London on 1

November 1974, together with Protocols and amendments thereto

ratified or acceded to by the Government of Malta, in its up-to-

date version;

“administration of the flag State” in the case of Maltese ships

means the Registrar-General and in the case of other ships means

the competent authority of the State whose flag a ro-ro ferry or a

high-speed passenger craft is entitled to fly;

“certificates” means

(i) for ro-ro ferries and high-speed passenger craft

engaged on international voyages, the safety certificates issued

under the 1974 SOLAS Convention together with the relevant

records of equipment and where appropriate exemption

certificates and permits to operate;

(ii) for ro-ro ferries and high-speed passenger craft

engaged on domestic voyages, the safety certificates issued

in accordance with the Commercial Vessels Regulations, 2002

together with the relevant records of equipment and where

appropriate exemption certificates and permits to operate;

“Code for the Investigation of Marine Casualties” means the

Code for the Investigation of Marine Casualties and Incidents

adopted by the International Maritime Organization by means of

Assembly Resolution A.849(20) of 27 November 1997, in its up-

to-date version;

“company” means a company operating one or more ro-ro

ferries to which a document of compliance with the ISM Code has

been issued in compliance with Article 5(2) of Council Regulation

3051/95/EC of 8 December 1995 on the safety management of

roll on roll off passenger ferries (ro-ro ferries) or a company

operating high-speed passenger craft, to which a document of

compliance has been issued in accordance with Regulation IX/4

of the 1974 SOLAS Convention;

“Council Directive” or “Council Regulation” means a

directive or regulation of the Council of the European Union

published in the Official Journal of the European Union, as the

case may be;

“deficiency” means a condition found not to be in compliance

with the requirements of these regulations;

“domestic voyage” means a voyage in sea areas within the

territorial waters of Malta from any port in Malta to the same or

another port in Malta;

“exemption certificate” means any certificate issued under

the provisions of Regulation I B/12(a)(vi) of the 1974 SOLAS

Convention;

“High-Speed Craft Code” means the International Code for

Safety of High-Speed Craft as defined in the 1974 SOLAS

Convention;

“high-speed passenger craft” means a high-speed craft as

defined in Regulation X/1 of the 1974 SOLAS Convention,

carrying more than twelve passengers;

“host State” means a Member State of the European Union to

or from whose port or ports a ro-ro ferry or a high-speed passenger

craft is engaged on a regular service to or from a port in Malta;

“IMO” means International Maritime Organisation;

“international voyage” means a voyage by sea from any port

in Malta to a port outside Malta, or conversely;

“ISM Code” means the International Management Code for

the Safe Operation of Ships and for Pollution Prevention as defined

in the 1974 SOLAS Convention;

“qualified inspector” means a public sector employee,

including an employee of the Malta Maritime Authority, or other

person, duly authorised by the Authority or by the competent

authority of a Member State of the European Union to carry out

surveys and inspections related to certificates and fulfilling the

criteria of qualification and independence specified in Annex V

Criteria of Qualification And Independence For Qualified

Inspectors of Council Directive 1999/35/EC, provided that

inspectors not fulfilling these criteria are also accepted if on the

date of the coming into force of these regulations they were

authorised for statutory surveys or port State control inspections

by the competent authority;

“recognised organisation” means an organisation recognised

in accordance with Article 4 of Council Directive 94/57/EC of 22

November 1994, in its up-to-date version;

“regular service” means a series of ro-ro ferry or high-speed

passenger craft crossings operated so as to serve traffic between

the same two or more ports, or a series of voyages from and to the

same port without intermediate calls, either

(i)

according to a published timetable; or

(ii) with crossings so regular or frequent that they

constitute a recognisable systematic series;

“ro-ro ferry” means a seagoing passenger vessel with facilities

to enable road or rail vehicles to roll-on and roll-off the vessel,

and carrying more than twelve passengers;

“sea area” means any sea area included in a list established in

accordance with Article 4 of Council Directive 98/18/EC of 17

March 1998 on safety rules and standards for passenger ships;

“specific survey” means a survey by the competent authority

or another host State as specified in regulations 6 and 8 hereof;

“territorial waters of Malta” means all parts of the open sea

within twelve nautical miles of the coast of Malta, or such other

distance as may be established under article 3 of the Territorial

Waters and Contiguous Zone Act, measured as in that Act provided,

and includes any waters enclosed between the base lines therein

mentioned and the coast.

“The competent authority” in respect of ro-ro ferries and high-

speed passenger craft engaged on domestic voyages in Malta means

the Executive Director responsible for ports of the Malta Maritime

Authority and in respect of ro-ro ferries and high-speed passenger

craft engaged on international voyages means the Registrar-

General;

These regulations shall apply to all ro-ro ferries and high-speed

passenger craft operating to or from any port in Malta on a regular

service, regardless of their flag, when engaged on international voyages

or on domestic voyages in sea areas covered by Class A as referred to in

Article 4 of Council Directive 98/18/EC of 17 March 1998.

(1) Prior to the start of operation by a ro-ro ferry or high-

speed passenger craft on a regular service, or by the 30 April 2004 for a

ro-ro ferry or high-speed passenger craft already operating, the

competent authority shall verify that ro-ro ferries and high speed

passenger craft to which these regulations apply

(i) carry valid certificates, issued by the administration

of the flag State or by a recognised organisation acting on its

behalf;

(ii) have been surveyed for the issue of certificates in

accordance with the relevant procedures and guidelines

annexed to IMO Assembly Resolution A.746(18) of 4

November 1993 on survey guidelines under the harmonised

system of survey and certification, in their up-to-date version,

or with procedures designed to achieve the same goal;

(iii) comply with the standards specified for

classification by the rules of a recognised organisation, or

rules accepted as equivalent by the administration of the flag

State for construction and maintenance of their hull,

machinery and electrical and control installation;

(iv) are fitted with a voyage data recorder (VDR) for

the purpose of providing information for the benefit of a

possible casualty investigation, which shall meet the

performance standards of IMO Assembly Resolution

A.861(20) of 27 November 1997 and comply with the testing

standards laid down in International Electrotechnical

Commission (IEC) standard No 61996

Provided that ro-ro ferries and high-speed passenger craft

built before the 1 June 1999 may be exempted from some of

these requirements and, the exemptions and the conditions

under which they can be granted shall be those adopted in

accordance with the procedure laid down in Article 4 of

Council Directive 1999/5/EC of 29 April 1999;

(v) comply with specific stability requirements which

may be adopted from time to time at regional level, and

incorporated into the Laws of Malta when operating a service

in a region where these are applicable, provided those

requirements do not exceed those specified in the Annex

Stability Requirements Pertaining To The Agreement to

Resolution 14 adopted by the Conference of Contracting

Governments to the International Convention for the Safety

of Life at Sea, 1974 on 29 November 1995 and have been

notified to the Secretary-General of the IMO, in accordance

with the procedures specified in point 3 of that resolution.

(2) The provisions of paragraph 4(1)(v) hereof shall apply

to high-speed passenger craft only where appropriate.

Prior to the start of operation by a ro-ro ferry or high-speed Initial verifications

passenger craft on a regular service, or by the 30 April, 2004 for a ro-ro required

to companies and

ferry or high-speed passenger craft already operating, the competent flag States.

authority shall verify that companies which operate or intend to operate

such a ferry or craft on regular service

(i) take the necessary measures to ensure that the

specific requirements laid down in Annex I Specific

Requirements To Be Fulfilled By Companies to Council

Directive 1999/35/EC are applied and provide the evidence

of compliance with this subparagraph and with regulation 4

hereof to the competent authority and to the host States

involved in the regular service;

(ii) agree in advance that the competent authority, any

other host State and any substantially interested Member State

of the European Union may conduct, participate fully in or

cooperate in any investigation of a marine casualty or incident

in accordance with regulations 13 and 14 hereof, and will

give them access to the information retrieved from the VDR

of their ferry or craft involved in such a casualty or incident.

and where such a ferry or craft is not a Maltese ship or does not fly the

flag of a Member State of the European Union, the competent authority

shall also verify that the flag State accepts the company’s commitment

to meet the requirements of these regulations.

(1) Prior to the start of operation by a ro-ro ferry or high-

speed passenger craft on a regular service, or by the 30 April, 2004 for

a ro-ro ferry and high-speed passenger craft already operating a regular

service on that date, the competent authority shall carry out an initial

specific survey in accordance with Annex I Specific Requirements To

Be Fulfilled By Companies and Annex III Procedures For Specific

Surveys contained in European Council Directive 1999/35/EC to satisfy

itself that the ro-ro ferry or high-speed passenger craft fulfils the

necessary requirements for safe operation of a regular service.

(2) Where this regulation is applied prior to the start of

operation, the competent authority shall set a date for the initial specific

survey which is no more than one month after receipt of the evidence

necessary to complete the verification under regulations 4 and 5 hereof.

(1) When a ro-ro ferry or high-speed passenger craft is to be

engaged on a new regular service which includes Malta, the competent

authority shall take the utmost account of verifications and surveys

previously carried out for that ferry or craft for operation on a previous

regular service including ports of a Member State of the European Union

Provided that if the competent authority is satisfied with these

previous verifications and surveys that they are relevant to the new

operational conditions, regulations 4, 5 and 6 hereof need not be applied

prior to the ro-ro ferry or high-speed passenger craft starting operation

on the new regular service.

(2) In cases where, following unforeseen circumstances, a

replacement ro-ro ferry or high-speed passenger craft must be introduced

rapidly to ensure continuity of service, and sub-regulation 7(1) hereof

is not applicable, the competent authority may allow the ferry or craft

to start operating provided that

(i) a visual inspection and document verification raise

no concerns that the ro-ro ferry or high-speed passenger craft

does not fulfil the necessary requirements for safe operation,

and

(ii) the competent authority completes the verifications

and surveys under regulations 4, 5 and 6 hereof within one

month.

(1) A ro-ro ferry or high-speed passenger craft shall be

subject once in every twelve month period to the surveys specified

below

(i) a specific survey in accordance with Annex III

Procedures For Specific Surveys to Council Directive 1999/

35/EC;

(ii) a survey during a regular service, which shall aim

to cover enough items listed in Annexes I Specific

Requirements To Be Fulfilled By Companies, III Procedures

For Specific Surveys and IV Indicative Guidelines For

Qualified Inspectors When Carrying Out Unscheduled

Surveys During A Regular Crossing to Council Directive

1999/35/EC in order to satisfy the competent authority that

the ferry or craft continues to fulfill all the necessary

requirements for safe operation.

(2) An initial specific survey in accordance with regulation

6 hereof counts as a specific survey for the purposes of this regulation.

(3) The competent authority shall carry out a specific survey

in accordance with Annex III Procedures For Specific Surveys to Council

Directive 1999/35/EC each time the ro-ro ferry or high-speed passenger

craft undergoes repairs, alterations and modifications of a major

character, or when there is a change in management or flag, or a transfer

of class. However, in case of change in management or flag, or transfer

of class, the competent authority may, after taking account of

verifications and surveys previously issued for the ferry or craft, and

provided that the safe operation of the ferry or craft is not affected by

this change or transfer, dispense the ferry or craft from the specific

survey required by this sub-regulation.

(4) Should the surveys referred to in sub-regulation (1)

hereof confirm or reveal deficiencies in relation to the requirements of

these regulations warranting a prevention of operation, all costs relating

to the surveys in any normal accounting period shall be covered by the

company.

The competent authority shall inform companies promptly, in Notification.

writing, of the outcome of verifications and surveys under regulations

4, 5, 6 and 9 hereof.

(1) The competent authority shall prevent the operation of Prevention of

a ro-ro ferry or high-speed passenger craft on a regular service to or operation.

from any port in Malta, and no ro-ro ferry or high-speed passenger craft

shall proceed to sea or operate on a regular service to or from any port

in Malta

(i) when the competent authority has been unable to

confirm compliance with the requirements in regulations 4

and 5 hereof;

(ii) whenever deficiencies are found during the surveys

referred to in regulations 6 and 8 hereof which deficiencies

pose an immediate danger to life, the ferry or craft, its crew

and passengers;

(iii) when there is an established failure to comply with

the instruments listed in Annex II List Of Community

Instruments to Council Directive 1999/35/EC which failure

poses an immediate danger of life, the ferry or craft, its crew

and passengers;

(iv) whenever the competent authority has not been

consulted by the flag State on the matters referred to in

regulation 15(1) hereof.

until the competent authority has established that the danger has been

removed and the requirements of these regulations are met.

(2) Where the competent authority prevents a ro-ro ferry or

high-speed passenger craft from operating, it shall inform the company

in writing of its decision giving the reasons therefor.

(3) Where the ro-ro ferry or high-speed passenger craft is

already operating a regular service and deficiencies are established, the

competent authority shall require the company to take the necessary

measures for their prompt rectification or within a well-defined and

reasonable period of time, provided they do not pose an immediate

danger to the safety of the ferry or craft, its crew and passengers. The

competent authority shall verify that the deficiencies have been rectified

to its full satisfaction and in default it shall prevent the ferry or craft

from operating until it is satisfied that the requirements of these

regulations have been met.

(4) In cases where regulations 4, 5 and 6 hereof apply prior

to the start of operation by a ro-ro ferry or high-speed passenger craft

on a regular service, a decision to prevent a ship from operating shall

be taken within one month of the initial specific survey and shall be

communicated to the company immediately.

(1) It shall be the duty of the owner, of the company which

has assumed the operation of the ship and of the master to ensure that

the ship is in compliance with the provisions of these regulations and

such person, if in fault, shall be liable to the penalties provided for in

the Act, and if no such penalty is provided, such person shall for each

offence be liable to a fine (multa) not exceeding five hundred units.

(2) If a ship proceeds or attempts to proceed to sea or on

any voyage or excursion in contravention of these regulations, the owner

or master or the ship shall, without prejudice to any other penalty or

remedy under the Merchant Shipping Act, be liable to a fine (multa) not

exceeding one hundred units.

(1) Ro-ro ferries and high-speed passenger craft that have

to initial and regular

been subject to the specific surveys to the satisfaction of the competent

authority shall be exempted by the competent authority from expanded

inspections to be carried out for the purpose of Article 7(4) of Council

Directive 95/21/EC and from expanded inspections based on the clear

grounds that they belong to the category of passenger ships referred to

in Article 7(1) and Annex V.A. 3 of that Directive.

(2) The competent authority shall cooperate with any other

host State when involved in the specific survey of the same ship or

craft. The specific surveys shall be carried out by a team of qualified

inspectors. Wherever there is a need for qualitative assessment of the

fulfillment of class-related provisions, the competent authority shall

ensure the necessary expertise is included in the team, where appropriate

by including a surveyor of a recognised organisation. The inspectors

shall report deficiencies to the flag State administrations of the host

State. The competent authority shall communicate this information to

the flag State, if that State is not a host State involved in the survey.

(3) The competent authority may agree to carry out a survey

at the request of an involved host State.

(4) The competent authority, when requested by a company,

shall invite the administration of the flag State which is not a host State

to be represented in any specific survey under the provisions of these

regulations.

(5) The competent authority, in planning a survey in

accordance with regulations 6 and 8 hereof, shall take due account of

the operational and maintenance schedule of the ferry or craft.

(6) The findings of the specific surveys shall be recorded

in a report the format of which shall be determined by the competent

authority.

(7) In case of persistent disagreement between the competent

authority and any host State on the fulfillment of the requirement of

regulations 4 and 5(1), the competent authority shall immediately notify

the European Commission the reasons of the disagreement.

(1) The competent authority shall, in accordance with the Accident

Code for the Investigation of Marine Casualties, conduct a marine investigation.

casualty or incident investigation involving a ro-ro ferry or high-speed

passenger craft to which these regulations apply where

(i) the accident or incident occurs in the territorial

waters of Malta or,

(ii) where the accident or incident occurs in other

waters, if Malta was the last place visited by the ferry or craft.

(2) The competent authority shall remain responsible for

the investigation and, where appropriate shall cooperate and coordinate

with other substantially interested States until such time as it is mutually

agreed which is to be the lead investigating State.

(3) For the purposes of this regulation “substantially

interested State”, “lead investigating State” and “marine casualty” shall

have the same meaning as in the Code for the Investigation of Marine

Casualties.

(4) When conducting, participating or cooperating in such

investigations the competent authority shall ensure that the investigation

is concluded in the most efficient way and within the shortest possible

time taking into account the Code for the Investigation of Marine

Casualties.

The competent authority shall ensure that reports resulting

from such an investigation are made public in accordance with the Code

for the Investigation of Marine Casualties.

(1) When recognising an exemption certificate the

competent authority shall consult the involved host State or States or

the administration of the flag State to resolve any disagreement

concerning the suitability of the exemptions prior to the initial specific

survey.

(2) The Executive Director responsible for ports of the Malta

Maritime Authority shall operate shore-based navigational guidance

systems and other information schemes in accordance with IMO

Assembly Resolution A.795(19) to assist ro-ro ferries and high-speed

passenger craft in the safe conduct of the regular service, or part of it,

for the safety of which they bear responsibility.

(3) The competent authority shall ensure that companies

operating ro-ro ferries or high-speed passenger craft on regular services

to or from any port in Malta are able to maintain and implement an

integrated system of contingency planning for shipboard emergencies.

To this end the Authority shall make use of the framework provided by

IMO Assembly Resolution A.852(20) on guidelines for a structure of

an integrated system of contingency.

(4) Where a ro-ro ferry or high-speed passenger craft to

which these regulations apply conducts international voyages in a regular

service the competent authority shall together with any other involved

host State or States jointly establish an integrated system of contingency

planning for shipboard emergencies for the different routes covered by

the ferry or craft.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press