Merchant Shipping (Marine Equipment) Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,566, 6 ta’ April, 2004

L.N. 155 of 2004

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Marine Equipment) Regulations, 2004

IN exercise of the powers conferred by articles 206A to 213

and 374 of the Merchant Shipping Act, the Minister for

Competitiveness and Communications has made the following

regulations>–

(1) These regulations may be cited as the Merchant Citation,

commencement

Shipping (Marine Equipment) Regulations, 2004.

and scope.

(2)

These regulations shall come into force on the 1st

May, 2004.

(3) These regulations adopt the measures in relation to

Maltese ships contained in Council Directive 96#98#EC of 29

December 1996 in its up-to-date version, hereinafter referred to in

these regulations as Council Directive 96#98#EC.

(1)

In these regulations, unless the context otherwise Interpretation.

requires>

“the Act” means the Merchant Shipping Act<

“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<

“Maltese ship” means a ship for which safety certificates

are issued by or on behalf of the Government of Malta under

international conventions except where such certificates are

issued by the Government of Malta at the request of the

Administration of a third country<

“member State” means a member State of the European

Union<

“new ship” means a ship, the keel of which is laid or which

is at a similar stage of construction on or after the date of the

entry into force of these regulations< for the purposes of this

definition, “a similar stage of construction” means the stage at

which>

(a) construction identifiable with a specific ship

begins< and

(b) assembly of that ship has commenced,

comprising at least 50 tonnes or 1% of the estimated mass

of all structural material, whichever is less<

“owner” shall include any person, other than the owner,

who manages a ship<

“safety certificates” means the certificates issued by or on

behalf of the Government of Malta in accordance with

international conventions.

(2) Unless otherwise defined in these regulations or

unless the context otherwise requires, words and expressions used

in these regulations shall have the same meaning assigned to them

in Council Directive 1996#98#EC.

(1)

These regulations shall apply to equipment for use

on board>

(a) a new Maltese ship whether or not the ship is situated

in Malta at the time of construction<

(b)

an existing Maltese ship>

(i) where such equipment was not previously carried

on board or

(ii) where equipment which was previously carried

on board the ship is replaced, except where international

conventions permit otherwise,

whether or not the ship is situated in Malta when the equipment is

placed on board.

(2) These regulations shall not apply to equipment which

on the date of the entry into force of these regulations has already

been placed on board a ship.

(3) Notwithstanding the fact that the equipment referred

to in sub-regulation (1) hereof may fall within the scope of other

legislation for the purpose of free movement, that equipment shall

be subject only to these regulations, to the exclusion of all others

for those purposes.

A safety certificate shall not be issued to a Maltese ship Conformity of

equipment with

and no such certificate shall be renewed unless the equipment on regulations.

board that ship in respect of which the certificate is being issued or

renewed complies with the requirements of these regulations.

(1) Equipment listed in Annex A.1 Equipment for which Requirements of

detailed testing standards already exist in international instruments international

instruments.

of Council Directive 96#98#EC that is placed on board a Maltese

ship on or after the date of entry into force of these regulations shall

meet the applicable requirements of the international instruments

referred to in that Annex.

(2) The compliance of equipment with the applicable

requirements of the international conventions and of the relevant

resolutions and circulars of the International Maritime Organisation

shall be demonstrated solely in accordance with the relevant testing

standards and the conformity-assessment procedures referred to in

Annex A.1 Equipment for which detailed testing standards already

exist in international instruments of Council Directive 96#98#EC.

For items listed in that Annex, where both IEC and ETSI testing

standards are given, those standards shall be alternatives and a

manufacturer or his authorised representative established within the

European Community may determine which of them is to be used.

(3) Equipment listed in Annex A.1 Equipment for which

detailed testing standards already exist in international instruments

of Council Directive 96#98#EC and manufactured before the coming

into force of these regulations may also be placed on board a Maltese

ship the certificates of which were issued by or on behalf of the

Government of Malta during the two years following that date if it

was manufactured in accordance with procedures for type-approval

already in force in Malta before the date of the adoption of these

regulations.

(1) No equipment referred to in Annex A.1 Equipment Equipment

for which detailed testing standards already exist in international complying

these regulations.

instruments of Council Directive 96#98#EC which bears the mark or

for other reasons complies with these regulations shall be prohibited

from being placed on board a Maltese ship and the issue or renewal

of the safety certificates relating thereto shall not be refused.

(2) The relevant safety certificate shall not be issued to

a Maltese ship before a radio licence has been issued in accordance

with the international radio regulations.

(1) A new ship which is not registered in a member State Transfer of a ship

but which is to operate as a Maltese ship shall, on registration as a from

registry.

Maltese ship, be subject to inspection as directed by the Registrar-

General to verify that the actual condition of its equipment

corresponds to its safety certificates and either complies with these

regulations and bears the mark or is equivalent, to the satisfaction

of the Registrar-General, to equipment type-approval in accordance

with these regulations and, equipment which does not bear the mark

or which the Registrar-General does not consider it to be equivalent,

shall be replaced.

(2) In the case of equipment which is considered

equivalent pursuant to this regulation the Registrar-General shall

issue a certificate to be carried at all times with the equipment

authorising the equipment to be placed on board the ship imposing

any restrictions or laying down any provisions relating to the use of

the equipment that he deems necessary.

(3) In the case of radiocommunications equipment the

Registrar-General shall require that such equipment does not unduly

affect the requirements of the radio-frequency spectrum.

(1) Notwithstanding the provisions of regulation 6 hereof

the Registrar-General may take the measures necessary to ensure

that sample checks are carried out on equipment bearing the mark

which has not yet been placed on board, in order to ensure that it

complies with these regulations. The Malta Maritime Authority shall

bear the expense for sample checks which are not provided for in

the modules for conformity assessment in Annex B Modules for

conformity assessment of Council Directive 96#98#EC.

(2) Notwithstanding the provisions of regulation 6 hereof,

following the installation of equipment which complies with these

regulations on board a Maltese ship, the Registrar-General may carry

out an evaluation of that equipment when operational on-board

performance tests are required by international instruments for safety

and, or pollution-prevention purposes, provided that they do not

duplicate the conformity-assessment procedures already carried out.

The Registrar-General may require the manufacturer of the

equipment, his authorised representative established within the

European Union or the person responsible for marketing the

equipment within the European Union to provide the inspection or

testing reports or both the inspection and testing reports.

(3) If the manufacturer or his lawful representative fails,

without reasonable cause, to give the assistance, information or

inspection and, or testing reports requested pursuant to sub-

regulations (1) or (2) hereof, he shall be guilty of an offence and

liable to a fine (multa) not exceeding one hundred liri.

(1) Where the Registrar-General, ascertains by inspection

or otherwise that, notwithstanding the fact that it bears the mark, a

piece of equipment referred to in Annex A.1 Equipment for which

detailed testing standards already exist in international instruments

of Council Directive 96#98#EC, when correctly installed, maintained

and used for its intended purpose, may compromise the health and,

or safety of the crew, the passengers or, where applicable, other

persons, or adversely affect the marine environment the Registrar-

General shall prohibit the equipment from being used on board

Maltese ships or restrict the extent to which it may be so used.

(2) The Registrar-General may withdraw or vary any

direction, prohibition or restriction issued under sub-regulation (1)

hereof if satisfied that the equipment in relation to which the

direction, prohibition or restriction was issued, when correctly

installed on board a ship, maintained and used for its intended

purpose, no longer compromises the health and safety of a ship’s

crew, passengers, or other persons or adversely affects the marine

environment.

(3) The Registrar-General shall inform the other Member

States and the European Commission of any restriction or prohibition

or any withdrawal of such restriction or prohibition made in terms

of sub-regulations (1) and (2) hereof.

(1) Notwithstanding the provisions of regulation 5 Exception for

hereof, in exceptional circumstances of technical innovation, the technical

innovation.

Registrar-General may permit equipment which does not comply

with the conformity-assessment procedures to be placed on board a

Maltese ship if it is established by trial or otherwise to the satisfaction

of the Registrar-General that such equipment is at least as effective

as equipment which does comply with the conformity-assessment

procedures.

(2) In the case of radiocommunications equipment that

such equipment must not unduly affect the requirements of the radio-

frequency spectrum.

(3) The trial procedures referred to in sub-regulation (1)

hereof shall in no way discriminate on the basis of the origin of the

equipment.

(4) The Registrar-General shall issue a certificate in

respect of any equipment permitted to be placed on board a ship

pursuant to sub-regulation (1) hereof recording the permission for

the equipment to be placed on board the ship and specifying any

restrictions or any provisions relating to the use of the equipment.

Such certificate shall be carried on board the ship with the equipment

at all times.

(5) The Registrar-General shall communicate to the

Member States and the European Commission the particulars of any

equipment permitted to be carried on board a Maltese ship in terms

of sub-regulation (1) hereof together with the reports of all relevant

trials, assessments and conformity-assessment procedures.

(6) Where a ship with equipment on board which is

covered by sub-regulation (1) hereof is to be registered as a Maltese

ship, the Registrar-General may undertake the measures necessary,

which may include tests and practical demonstrations, to ensure that

the equipment is at least as effective as equipment which does comply

with the conformity-assessment procedures.

(1) Notwithstanding the provisions of regulation 5

hereof, the Registrar-General may allow equipment which does not

comply with the conformity-assessment procedures or is not covered

by regulation 10 hereof to be placed on board a Maltese ship for

reasons of testing or evaluation and, the Registrar-General shall issue

a certificate recording the approval of the Registrar-General for the

equipment to be placed on board the ship specifying any restrictions

or conditions the use of the equipment. Such certificate must be

carried with the equipment at all times.

(2) Any permission granted in terms of sub-regulation

(1) hereof shall be limited to a short period of time.

(3) Any equipment allowed to be carried in terms of sub-

regulation (1) must not be relied on in place of equipment which

meets the requirements of these regulations and must not replace

such equipment, which must remain on board the Maltese ship in

working condition and ready for immediate use.

(4) In the case of radiocommunications equipment, the

Registrar-General shall require that such equipment does not unduly

affect the requirements of the radio-frequency spectrum.

(1) If equipment to which these regulations apply has

to be replaced in a port outside the European Community and if it is

not practicable for reasons of time, delay or cost to replace the

equipment which is EC type-approved, other equipment may be

placed on board>

Provided that>

(a) the equipment shall be accompanied by

documentation issued by a recognised organisation equivalent

to a notified body, where an agreement has been concluded

between the European Community and the third country

concerned on the mutual recognition of such organisations< and

(b) if it is not possible to comply with sub-paragraph (a)

hereof, the equipment shall, subject to the provisions of sub-

regulations (2) and (3) hereof, be accompanied by

documentation issued by a member State of the International

Maritime Organisation which is a party to the relevant

international convention, certifying that the equipment complies

with the applicable international standards.

(2) If equipment is replaced on a ship in accordance with

sub-regulation (1) hereof, the owner of the ship shall inform the

Registrar-General immediately of the nature and characteristics of

the equipment and the circumstances rendering it impracticable to

place equipment on board which complies with the requirements of

regulation 6.

(3) The Registrar-General shall, at the earliest

opportunity, ensure that the equipment referred to in sub-regulation

(1) hereof, together with its testing documentation, complies with

the relevant requirements of the international instruments and of these

regulations and, to this end, the Registrar-General may carry out, or

cause to be carried out such tests on the equipment as it considers

necessary for the purpose.

(4) In the case of radiocommunications equipment, such

equipment shall not unduly affect the requirements of the radio-

frequency spectrum.

(1) Any approval, direction, prohibition or restriction Approvals,

given pursuant to these regulations shall be given in writing and directions,

prohibitions or

shall specify the date on which it takes effect and the conditions, if restrictions.

any, on which it is given.

(2) Failure to respect any direction, prohibition or

restriction given pursuant to these regulations shall constitute an

offence.

(1) Any person who in respect of an item of equipment Offences.

falling under these regulations>

(a) affixes a mark of conformity identification number

or symbol in contravention of these regulations<

(b) forges, counterfeits or in any other manner alters or

defaces any mark of conformity or identification number of

symbol affixed in accordance with these regulations<

(c) removes any mark of conformity or identification

number affixed in accordance with these regulations< or

(d) makes any alteration to the equipment after the mark

of conformity or identification number or symbol has been

affixed to it in accordance with these regulations so that the

equipment no longer complies with the applicable international

standards,

shall be guilty of an offence>

Provided that a person shall not be guilty of an offence by reason

solely of the alteration, defacement or removal of a mark of

conformity or identification symbol or number in the course of the

removal adjustment or repair of any item of equipment by, or by the

duly authorised agent of, a person who is a manufacturer of such

equipment or is regularly engaged in the business of the repair of

such equipment.

(2) Any person who places on board a Maltese ship the

market, supplies or exposes or offers for supply, an item of equipment

which to his knowledge>

(a) bears a mark of conformity or identification number

of symbol which is a forgery or counterfeit, or which has been

transferred from another item of equipment, or which has been

altered or defaced otherwise than in accordance with the

provisions of these regulations<

(b) does not comply with the applicable international

standards by reason of any alteration made to it after any mark

of conformity or identification number or symbol was affixed

to it in accordance with these regulations

shall be guilty of an offence.

(3) Any equipment in respect of which an offence under

these regulations has been committed shall be liable to be forfeited.

(4) Unless provided otherwise in the specific regulation,

any person who is guilty of an offence under these regulations shall,

in the case of a first offence contrary to these regulations be subject

to a fine (multa) not exceeding five hundred liri and in the case of a

second or subsequent offence to a fine not less than five hundred liri

and not more than two thousand liri.

In any proceedings for an offence under these regulations

it shall be a defence for the person charged to prove that he took all

reasonable steps to avoid the commission of the offence.

Saving other provisions of these regulations where the

equipment on board a ship does not comply with the requirements

of these regulations the ship may be considered to be unseaworthy

in terms of the provisions of article 278 of the Act and the ship shall

be liable to be detained and without prejudice to the other provisions

of the Act, articles 281 to 283B of the Act shall apply.

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