Merchant Shipping (Flag State Requirements) Regulations,

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,763, 10 ta’ Ġunju, 2011

L.N. 219 of 2011

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Flag State Requirements) Regulations,

IN exercise of the powers conferred by article 374 of the

Merchant Shipping Act, the Minister for Infrastructure, Transport

and Communications has made the following regulations-

(1) The title of these regulations is the Merchant

Shipping (Flag State Requirements) Regulations, 2011.

(2) These regulations shall come into force on the 17th

June, 2011.

(3) These regulations adopt the measures contained

in Directive 2009/21/EC of the European Parliament and of

the Council of 23 April 2009 on compliance with flag State

requirements.

In these regulations, unless the context otherwise

requires-

“the Act” means the Merchant Shipping Act;

“administration” means the Registrar General of

Shipping and Seamen appointed in terms of article 363 of

the Act;

“audit” means an audit conducted in accordance with

the provisions of Resolution A.974(24) adopted by the IMO

Assembly on 1 December 2005;

“Maltese ship” shall have the same meaning as is

assigned to it in article 3 of the Act;

“recognised organisation” means an organisation

recognised in accordance with the Merchant Shipping (Ship

Inspection and Survey Organisations) Regulations, 2011.

(1) Prior to allowing a ship to operate, which has been

granted the right to fly the Maltese flag, the administration shall

take the measures it deems appropriate to ensure that the ship

in question complies with the applicable international rules and

regulations. In particular, it shall verify the safety records of the

ship by all reasonable means and if necessary, it shall consult with

the losing flag State in order to establish whether any outstanding

deficiencies or safety issues identified by the latter remain

unresolved.

(2) Whenever another flag State requests information

concerning a ship which was previously flying the Maltese flag,

the administration shall promptly provide details of outstanding

deficiencies and any other relevant safety-related information to

the requesting flag State.

When the administration is informed that a Maltese

ship has been detained by a port State, it shall, according to the

procedures it has established to this effect, oversee the ship being

brought into compliance with the relevant IMO Conventions.

The administration shall ensure that at least the following

information concerning Maltese ships is kept and remains readily

accessible for the purposes of these regulations

(a) particulars of the ship (name, IMO number, etc.);

(b) dates of surveys, including additional and

supplementary surveys, if any, and audits;

(c) identification of the recognised organisations

involved in the certification and classification of the ship;

(d) identification of the competent authority which has

inspected the ship under port State control provisions and the

dates of the inspections;

(e) outcome of the port State control inspections;

(f) information on marine casualties;

(g) identification of ships which have ceased to fly the

Maltese flag during the previous 12 months.

The administration shall take the necessary measures Flag State auditing

for an audit to be undertaken at least once every seven years, process.

subject to a positive reply of the IMO to a timely request of the

administration, and shall publish the outcome of the audit in

accordance with relevant national legislation on confidentiality.