Regulations, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,525, 30 ta’ Diçembru, 2003

L.N. 444 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Ship Inspection and Survey Organisations)

Regulations, 2003

IN exercise of the powers conferred by articles 367 and 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 Citation,

commencement and

(Ship Inspection and Survey Organisations) Regulations, 2003.

scope.

(2) These regulations shall come into force on the 1st May, 2004.

(3) These regulations prescribe the criteria in accordance

with which organisations or bodies of surveyors may be authorized for

the purposes of article 367(1) of the Act and implement the provisions

of Council Directive 94/57/EC of 22 November 1994 in its up-to-date

version, hereinafter referred to in these regulations as Council Directive

94/57/EC.

(1) In these regulations, unless the context otherwise requires- Interpretation.

“the Act” means the Merchant Shipping Act;

“authorise” means authorise organisations to undertake fully

or in part inspections and surveys related to certificates including

those for the assessment of compliance with regulation hereof and,

where appropriate, to issue or renew the related certificates;

“cargo ship safety radio certificate” means the certificate

provided for by Chapter V of SOLAS 1974/1978;

“certificate” means a certificate issued by or on behalf of the

Government of Malta in accordance with the international conventions;

“class certificate” means a document issued by a classification

society certifying the structural and mechanical fitness of a ship

for a particular use or service in accordance with the rules and

regulations laid down and made public by that society;

“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;

“cargo ship safety radio certificate” means the certificate

provided for by Chapter V of SOLAS 1974/1978;

“international conventions” means the International

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

November, 1974 (SOLAS 1974/1978), the International

Convention on Load Lines signed in London on 5th April 1966

and the International Convention for the Prevention of Pollution

from Ships, signed in London on 2nd November, 1973 as modified

by the Protocol of 1978 relating thereto signed in London on 17th

February, together with the protocols and amendments thereto,

and related codes of mandatory status in all Member States of the

European Union, in their up-to-date version;

“Maltese ship” shall have the same meaning as is assigned to

it by article 3 of the Act;

“organisation” means a classification society or other private

body authorised for the purposes of article 367 of the Act;

“recognised organisation” means an organisation or a body

of surveyors recognised by the European Union pursuant to article

4 of Council Directive 94/57/EC but does not include a recognised

organisation whose recognition has been withdrawn pursuant to

article 5 of the said Directive.

(1) For the purposes of article 367(1) of the Act in so far as

it relates to organisations or bodies of surveyors, the Minister shall only

authorise organisations or bodies of surveyors which are recognised

organisations

Provided further that the Minister may authorise a private

body having sufficient expertise and qualified personnel to carry out

specified work on radio-communication and to issue on behalf of the

Government of Malta the cargo ship safety radio certificates.

(2) Subject to sub-regulation (6) of this regulation and

regulations 4 and 5 hereof, the Minister shall in principle not refuse to

authorise a recognised organisation

Provided that the Minister may restrict the number of

authorised recognised organisations in accordance with the requirements

for the administration of the Act, provided there are transparent and

objective grounds for so doing.

(3) If the Minister wishes to grant an authorisation to any

organisation which is not yet recognised or to grant a limited recognition

of three years for oganisations which meet all the criteria of the Annex

Minimum Criteria For Organisations Referred To In Article 5 to Council

Directive 94/57/EC others than those set out under paragraphs 2 and of

section A of that Annex, he shall direct the Registrar-General to submit

a request to the European Commission in the manner specified in

paragraphs 1 or 2 of Article 4 of Council Directive 94/57/EC, as the

case may be.

(4) If the European Commission replies positively to any

request submitted in terms of sub-regulation (3) hereof, the Minister

may authorise such an organisation under any conditions contained in

the reply of the European Commission and under any other conditions

that he may deem fit to impose.

(5) The Minister may refuse to authorise a recognised

organisation located in a State outside the European Union if that State

does not grant reciprocal treatment for recognised organisations which

are located in the European Union.

(6) The Minister may suspend or withdraw the authorisation

of a recognised organisation and for this purpose he shall first direct the

Registrar General to comply with the procedure provided for in Article

10 of Council Directive 94/57/EC.

(7) This regulation does not concern the certification of

specific items of marine equipment.

(8) For the purposes of this regulation, “located” refers to

the place of the registered office, central administration or principal

place of business of an organisation.

(1) The Registrar-General, shall set out a working Working

relationship with the recognised organisations authorised by the Minister relationship

recognised

which working relationship shall be regulated by a formalised written organisations.

and non-discriminatory agreement setting out the specific duties and

functions assumed by the organisations and including at least the

provisions set out in sub-paragraphs (a) to (e) of Article 6 of Council

Directive 94/57/EC.

(2) The agreement referred to in sub-regulation (1) hereof

may contain the requirement that the recognised organisation has a local

representation in Malta which may be a representation of a legal nature

ensuring legal personality under Maltese law and which is subject to

the jurisdiction of the Maltese courts.

(3) For the purposes of this regulation, “administration”

means the Government of Malta and includes the Malta Maritime

Authority and the Registrar-General.

(1) The Registrar-General shall monitor the work of the

authorised recognised organisations to ensure that they effectively carry

out the functions for which they are authorised.

(2) The Registrar-General shall on a biennial basis draw up

a report of the results of this monitoring and shall, through the Minister,

submit same to Member States of the European Union and to the

European Commission at the latest by the 31st March of each year

following the years for which compliance has been assessed.

Maltese ships to which the provisions of the international

conventions are applicable shall be constructed and maintained in

accordance with the hull, machinery and electrical and control

installation requirements of an authorised recognised organisation.

(1) In performing functions for which they are authorised

by the Minister in terms of article 367(1) of the Act relating to Maltese

ships to which the provisions of international conventions apply,

recognised organisations shall ensure that the provisions of regulation

7 of these regulations are complied with.

(2) The Registrar-General may require that a recognised

organisations shall not issue any exemption certificate from the

requirements of international conventions unless they are so authorised

by the Registrar-General

Provided that the Registrar-General shall in all cases approve the

first issue of the exemption certificates

(3) Notwithstanding any requirements of the Act as to the

issue of certificates, recognised organisations shall not issue certificates

to a Maltese ship declassed or changing class for safety reasons before

consulting the Registrar-General to determine whether a full inspection

is necessary.

The Registrar-General shall report to the European Port

reporting.

Commission and to other Member States of the European Union, and

shall inform the flag State concerned, the discovery of the issue of valid

certificates by organisations acting on behalf of a flag State to a ship

which does not fulfil the relevant requirements of the international

conventions, or of any failure of a ship carrying a valid class certificate

and relating to items covered by that certificate.

(2) Only cases of ships representing a serious threat to safety

and the environment or showing evidence of particularly negligent

behaviour of the organisations shall be reported for the purposes of this

regulation.