Merchant Shipping (Marine Equipment) Regulations, 2016

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,586, 6 ta’ Ġunju, 2016

L.N. 212 of 2016

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Marine Equipment) Regulations, 2016

In exercise of the powers conferred by articles 206A to 213 and

374 of the Merchant Shipping Act, the Minister for Transport and

Infrastructure has made the following regulations:-

(1) The title of these regulations is the Merchant Citation and

commencement.

Shipping (Marine Equipment) Regulations, 2016.

(2) These regulations shall come into force on the 18

September 2016.

(3) These regulations adopt the measures, in relation to

Maltese ships, contained in Directive 2014/90/EU of the European

Parliament and of the Council of 23 July 2014 on marine equipment

and repealing Council Directive 96/98/EC in its up-to-date version,

hereinafter referred to in these regulations as "the Directive”.

(1)

In these regulations, unless the context otherwise Interpretation.

requires –

"the Act" means the Merchant Shipping Act;

"certificates" means the certificates issued by or on behalf of the

Government of Malta in accordance with international conventions;

"conformity assessment procedures" mean the procedures as set

out in Article 15 and in Annex II of the Directive;

"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;

"Registrar-General" shall have the same meaning as is assigned

to it in the Act.

(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 the

Directive.

(1) These regulations shall apply to equipment placed or

to be placed on board a Maltese ship and for which the approval of

the flag State administration, is required by international instruments,

regardless of whether the ship is situated in Malta at the time when it

is fitted with the equipment.

(2) Notwithstanding the fact that the equipment referred to in

sub-regulation (1) may fall within the scope of other legislation, that

equipment shall be subject only to these regulations.

(1) Marine equipment that is placed on board a Maltese

ship on or after 18 September, 2016 shall meet the design,

construction and performance requirements of the international

instruments as applicable at the time when that equipment is placed

on board.

(2) Compliance of marine equipment with the requirements

referred to in sub-regulation (1) shall be demonstrated solely in

accordance with the testing standards and by means of the conformity

assessment procedures.

(1) No certificates as required by the international

conventions shall be issued to a Maltese ship and no such certificate

shall be renewed or endorsed unless the marine equipment on board

that ship complies with the requirements of these regulations.

(2) Marine equipment on board Maltese ships shall comply

with the requirements in the international instruments which are

applicable to equipment already placed on board.

(3) Marine equipment which complies with these regulations

shall not be prohibited from being placed on board a Maltese ship and

the issue or renewal of the certificates relating thereto shall not be

refused.

When marine equipment is placed on board a Maltese ship,

a copy of the EU declaration of conformity covering the equipment

concerned shall be provided to the ship, and shall be kept on board

until the said equipment is removed from the ship. It shall be

translated by the manufacturer into the English language.

(1) In the case of a ship which is not registered in a

Member State but which is to operate as a Maltese ship, that ship

shall, during transfer, be subject to inspection as directed by the

Registrar-General to verify that the actual condition of its marine

equipment corresponds to its safety certificates and either complies

with these regulations and bears the wheel mark or is equivalent, to

the satisfaction of the Registrar-General, to marine equipment

certified in accordance with these regulations.

(2) In cases where the date of installation on board of marine

equipment cannot be established, the Registrar-General may

determine satisfactory requirements of equivalence, taking into

account relevant international instruments.

(3) Unless the equipment either bears the wheel mark or the

Registrar-General considers it to be equivalent, it shall be replaced.

(4) Marine equipment which is considered equivalent pursuant

to this regulation shall be issued with a certificate by the Registrar-

General which shall at all times be carried with the equipment. That

certificate shall give the Registrar-General’s permission for the

equipment to be retained on board the ship imposing any restrictions

relating to the use of the equipment, that he deems necessary.

(1) In exceptional circumstances of technical Exemptions for

innovation, the Registrar-General may permit marine equipment technical

innovation.

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 meets the objectives of these regulations.

(2) The trial procedures shall in no way discriminate between

marine equipment on the basis of the origin of the equipment.

(3) 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) 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.

(4) 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) together with the reports of all relevant trials,

assessments and conformity assessment procedures.

(5) Where a ship with equipment on board which is covered by

sub-regulation (1) 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) The Registrar-General may permit marine

equipment which does not comply with the conformity assessment

procedures or which is not covered by regulation 8 to be placed on

board a Maltese ship for reasons of testing or evaluation and, a

certificate recording the approval is issued by the Registrar General

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

restrictions or conditions for the use of the equipment. Such

certificate shall be carried with the equipment at all times.

(2) Any permission granted in terms of sub-regulation (1)

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.

(1) If equipment to which these regulations apply has to

be replaced in a port outside the European Union and if it is not

practicable for reasons of time, delay or cost to replace the equipment

which bears the wheelmark, other equipment may be placed on board

Provided that

(a)

the equipment shall be accompanied by

documentation issued by a Member State of the International

Maritime Organization (IMO) which is a party to the relevant

conventions, certifying compliance with the relevant IMO

requirements; and

(b) the Registrar-General shall be informed at once of

the nature and characteristics of such other marine equipment;

and

(c)

at the earliest opportunity, it shall be ensured that the

marine equipment referred to in sub-regulation (1), along with

its testing documentation, complies with the relevant

requirements of the international instruments and of these

regulations.

(2) Where it has been demonstrated that specific marine

equipment bearing the wheel mark is not available on the market, the

Registrar-General may authorise other marine equipment to be placed

on board.

(3) The authorised marine equipment shall comply, as much as

possible, with the requirements and testing standards referred to in

regulation 4.

(4) The marine equipment placed on board shall be

accompanied by an interim certificate of approval issued by the

Registrar-General or by another Member State, stating the following

(a)

the equipment bearing the wheel mark which the

certified equipment is due to replace;

(b) the exact circumstances under which the certificate

of approval has been issued, and in particular the unavailability

in the market of equipment bearing the wheel mark;

(c)

the exact design, construction and performance

requirements against which the equipment has been approved

by the certifying Member State; and

(d) the testing standards applied, if any, in the relevant

approval procedures.

(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; or

(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 one thousand and five hundred euro (€1,500)

and in the case of a second or subsequent offence to a fine not less

than one thousand and five hundred euro (€1,500) and not more than

five thousand euro (€5,000).

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.

The Merchant Shipping (Marine Equipment) Regulations

are hereby revoked.

€0.27