Regulations, 2019

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,318, 20 ta’ Diċembru, 2019

Taqsima B

L.N. 344 of 2019

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Port State Control) (Amendment)

Regulations, 2019

IN EXERCISE of the powers conferred by articles 154 and 374

of the Merchant Shipping Act, the Minister for Transport,

Infrastructure and Capital Projects has made the following regulations

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

Shipping (Port State Control) (Amendment) Regulations, 2019, and and

commencement.

these regulations shall be read and construed as one with the Merchant S.L. 234.38

Shipping (Port State Control) Regulations, hereinafter referred to as

the "principal regulations".

(2) These regulations partially transpose the measures

contained in Directive (EU) 2017/2110 of the European Parliament

and of the Council of 15 November 2017 on a system of inspections

for the safe operation of ro-ro passenger ships and high-speed

passenger craft in regular service and amending Directive 2009/16/EC

and repealing Council Directive 1999/35/EC.

(3)

These regulations shall come into force on 21 December

2019.

In regulation 3 of the principal regulations, immediately Amends

after sub-regulation (5), there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(6) These regulations shall also apply to inspections of

ro-ro passenger ships and high-speed passenger craft carried out

outside a port or away from an anchorage during a regular

service in accordance with regulation 9A.".

In regulation 8 of the principal regulations, the words "The Amends

competent authority shall ensure that ships which are selected for regulation

the principal

inspection in accordance with regulation 4(1) and (2) are subject to an regulations.

initial inspection or a more detailed inspection as follows:" shall be

substituted by the following

"The competent authority shall ensure that ships which are

selected for inspection in accordance with regulations 4(1) and

(2) or regulation 9A are subject to an initial inspection or a more

detailed inspection as follows:".

Immediately after regulation 9 of the principal regulations,

there shall be added the following new regulation

" Ro-ro

(1) Ro-ro passenger ships and

passenger

ships and high- high-speed passenger craft operating on a

regular service are eligible for inspections in

speed

passenger

accordance with the time-frame and other

craft.

requirements set out in Annex XVII of the

Directive.

(2) The competent authority shall,

when planning inspections of a ro-ro passenger

ship or high-speed passenger craft, take due

account of the operational and maintenance

schedule of the ro-ro passenger ship or high-

speed passenger craft.

(3) When a ro-ro passenger ship or

high-speed passenger craft has been subject to

an inspection in accordance with Annex XVII

of the Directive, such inspection shall be

recorded in the inspection database, and shall

be taken into account for the purposes of

regulations 4, 6 and 7.

(4) Regulations

5(1),

7(a)

and

regulation 9 shall not apply to ro-ro passenger

ships and high-speed passenger craft on a

regular service inspected under this regulation.

(5) The competent authority shall

ensure that the ro-ro passenger ships or high-

speed passenger craft that are subject to an

additional inspection in accordance with

regulation 7(b) are selected for inspection in

accordance with Annex I, Part II 3A(c) and

3B(c) of the Directive. Inspections carried out

under this sub-regulation shall not affect the

inspection interval provided for in paragraph 2

of Annex XVII of the Directive.

(6) The competent authority may agree

to be accompanied, during an inspection of a

ro-ro passenger ship or high-speed passenger

craft, by an inspector of another Member State

acting as an observer. Where the flag of the

vessel is that of a Member State, the competent

authority shall, upon request, invite a

representative of the flag State to accompany

the inspection as an observer.".

5. Sub-regulation (3) of regulation 10, including its provisos Amends

regulation 10 of

thereof, of the principal regulations shall be deleted.

the principal

regulations.

6. Sub-regulation (1) of regulation 11 shall be substituted by Amends

regulation 11 of

the following

the principal

regulations.

"(1) The competent authority shall refuse access to any

port or anchorage in Malta to a ship which

(a) flies the flag of a State whose detention rate

falls into the black list, adopted in accordance with the

Paris MOU on the basis of information recorded in the

inspection database and published annually by the

Commission, and has been detained more than twice in the

course of the preceding 36 months in a port or anchorage of

a Member State or of a State signatory of the Paris MOU,

except in the situations described in regulation 16(8); or

(b) flies the flag of a State whose detention rate

falls into the grey list, adopted in accordance with the Paris

MOU on the basis of information recorded in the inspection

database and published annually by the Commission, and

has been detained more than twice in the course of the

preceding 24 months in a port or anchorage of a Member

State or of a State signatory of the Paris MOU

Provided that the refusal of access shall be applicable

as soon as the ship leaves the port or anchorage where it has

been the subject of a third detention and where a refusal of

access order has been issued.".

7. Sub-regulation (4) of regulation 15 of the principal Amends

regulation 15 of

the principal

regulations.

regulations shall be substituted by the following

"(4) An appeal against a decision for

detention or refusal of access may be made before

the Courts of Justice, in accordance with the

provisions of the Code of Organization and Civil

Procedure.".

€0.18