Organisations) Regulations, 2011

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

L.N. 220 of 2011

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Ship Inspection and Survey

Organisations) Regulations, 2011

IN exercise of the powers conferred by articles 367 and 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 (Ship Inspection and Survey Organisations) Regulations,

2011. (2)

These regulations shall come into force on the 17

June, 2011.

(3) These regulations prescribe the criteria in

accordance with which organisations or bodies of surveyors may

be authorised for the purposes of article 367(1) of the Act and

implement the provisions of Directive 2009/15/EC of the European

Parliament and of the Council of 23 April 2009 in its up-to-date

version, hereinafter referred to in these regulations as Directive

2009/15/EC.

In these regulations, unless the context otherwise

requires-

“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 the

regulations 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

recognised organisation certifying the fitness of a ship for

a particular use or service in accordance with the rules and

procedures laid down and made public by that recognised

organisation;

“international conventions” means the International

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

1st November, 1974 (SOLAS 1974/1978) with the exception

of chapter XI-2 of the Annex thereto, 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, 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 legal entity, its subsidiaries and

any other entities under its control, which jointly or separately

carry out tasks falling under the scope of Directive 2009/15/

EC;

“recognised organisation” means an organisation

recognised in accordance with Regulation 391/2009/EC;

“rules and procedures” means a recognised

organisation’s requirements for the design, construction,

equipment, maintenance and survey of ships.

(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

certificate.

(2) Subject to sub-regulation (4) of this regulation and

to 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) 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.

(4) The Minister may suspend or withdraw the

authorisation of a recognised organisation in accordance with

article 8 of Directive 2009/15/EC.

(5) This regulation does not concern the certification

of specific items of marine equipment.

(6) 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

relationship with the recognised organisations authorised by with recognised

the Minister which working relationship shall be regulated by a

formalised written 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 5 paragraph (2) of Directive 2009/15/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.

(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

monitor every recognised organisation acting on its behalf and

shall provide the other member States of the European Union and

the European Commission with a report on the results of such

monitoring activities at the latest by 31 March of the year following

the year in which the monitoring was carried out.

Maltese ships to which the provisions of the international

conventions are applicable shall be designed, constructed, equipped

and maintained in accordance with the rules and procedures

relating to hull, machinery and electrical and control installation

requirements of an authorised recognised organisation.

(1) The Registrar-General shall report to the European

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 fulfill 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.

(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 this regulation are complied with.

(2) The Registrar-General may require that a

recognised organisation 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 Merchant Shipping (Ship Inspection and Survey

Organisations) Regulations, 2003 are hereby being revoked.

2003. €0.18