Passenger Ships) Rules, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,788, 12 ta’ Lulju, 2005

L.N. 255 of 2005

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Specific Stability Requirements for Ro-Ro

Passenger Ships) Rules, 2005

IN exercise of the powers conferred by article 207 of the Merchant

Shipping Act, the Minister for Competitiveness and Communications

has made the following rules>–

(1) The title of these rules is the Merchant Shipping (Specific Short title and

scope.

Stability Requirements for Ro-Ro Passenger Ships) Rules, 2005.

(2) These rules adopt the measures contained in Directive

2003#25#EC of the European Parliament and of the Council of the 14th

April 2003, in its up-to-date version, hereinafter referred to in these

rules as Directive 2003#25.

(1) In these rules, unless the context otherwise requires –

Interpretation.

“the Act” means the Merchant Shipping Act<

“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 passenger

ship is entitled to fly<

“Maltese ship” has the same meaning as is assigned to it in

article 3 of the Act<

“Member State” means a member State of the European

Union.

(2) Unless otherwise defined in these rules or unless the

context otherwise requires, words and expressions used in these rules

shall have the same meaning assigned to them in Directive 2003#25.

Directive 2003#25 shall, unless otherwise provided in these

rules and notwithstanding the provision of any other law, form part of

and be enforceable as part of the Law of Malta and shall apply to all

Maltese ro-ro passenger ships operating to or from a port of a member

State on a regular service when engaged on international voyages and

to all other ro-ro passenger ships operating to or from a Maltese port on

a regular service, regardless of their flag, when engaged on international

voyages.

(1) No Maltese ro-ro passenger ship shall operate or attempt

to operate to or from a port of a member State on a regular service on

international voyages, unless duly certified as prescribed by Directive

2003#25.

(2) No ro-ro passenger ship shall operate or attempt to

operate to or from a Maltese port on a regular service on international

voyages, unless duly certified by the administration of its flag State, as

prescribed by Directive 2003#25.

(3) The appropriate authority for the purpose of issuing

certificates with regards to Maltese ships, in terms of Directive 2003#25

shall be the Registrar-General or, an organisation or body authorised in

terms of article 367 of the Act or an official surveyor of ships appointed

in terms of that article, duly authorised by the Registrar-General who

shall, subject to the provisions of these rules and such Directive,

determine the conditions of issue and validity of such certificates.

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 rules and the applicable

requirements of Directive 2003#25 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.

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