High-Speed Passenger Craft in Regular Service) Regulations, 2019

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

Taqsima B

L.N. 345 of 2019

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Safe Operation of Ro-Ro Passenger Ships and

High-Speed Passenger Craft in Regular Service) 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 (Safe Operation of Ro-Ro Passenger Ships and High-Speed and

commencement.

Passenger Craft in Regular Service) Regulations, 2019.

(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 these regulations, unless the context otherwise requires

Definitions.

"the Act" means the Merchant Shipping Act;

"company" means the organisation or person who has

agreed to take over all the duties and responsibilities imposed by

the International Management Code for Safe Operation of Ships

and for Pollution Prevention (the ISM Code) in its up-to- date

version or, in cases where Chapter IX of SOLAS 74 does not

apply, the owner of the ro-ro passenger ship or the high-speed

passenger craft or any other organisation or person such as the

manager, or the bareboat charterer, who has assumed the

responsibility for operation of the ro-ro passenger ship or the

high-speed passenger craft from its owner;

"Directive (EU) 2017/2110" means 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, in its up-to-date

version, hereinafter referred to as Directive (EU) 2017/2110;

"competent authority" means the Registrar-General of

Shipping and Seamen appointed in terms of article 363 of the

Act and includes any person acting under his authority;

"HSSC" means the International Maritime Organisation

Survey Guidelines under the Harmonized System of Survey and

Certification, in its up-to-date version;

"inspector" means an appropriate inspector in terms of

Article 154 of the Act;

"SOLAS 74" means the 1974 International Convention for

the Safety of Life at Sea, including Protocols and amendments

thereto, in its up-to-date version;

"third country" means a State other than a member State of

the European Union or of the European Economic Area.

(2) Unless otherwise defined in the Act or 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

Directive (EU) 2017/2110.

These regulations shall apply to ro-ro passenger ships and

high-speed passenger craft registered in terms of Article 3 of the Act,

and operating on a regular service between a port in Malta and a port

in a third country

Provided that these regulations shall not apply to ro-ro

passenger ships and high-speed passenger craft falling within the

scope of Directive 2009/16/EC on port State control.

(1) Before a ro-ro passenger ship or high-speed

passenger craft starts to operate on a regular service covered by these

regulations, the competent authority shall carry out a pre-

commencement inspection, consisting of

(a) verification of the compliance with the requirements

laid down in Annex I of Directive (EU) 2017/2110; and

(b) an inspection, in accordance with Annex II of

Directive (EU) 2017/2110, to satisfy themselves that the ro-ro

passenger ship or high-speed craft fulfils the necessary

requirements for safe operation of a regular service.

(2) When requested by the competent authority, companies

shall provide evidence of compliance with the requirements of Annex I

of (EU) Directive 2017/2110 in advance of but not earlier than one

month before the pre-commencement inspection.

(1) In the case of pre-commencement inspections, the Exceptions to

competent authority may decide not to apply certain requirements or pre-

commencement

procedures in Annexes I and II of Directive (EU) 2017/2110 relevant inspections.

to any annual flag State survey or inspection carried out within the

previous six months, provided that relevant procedures and guidelines

for surveys specified in HSSC or procedures designed to achieve the

same goal have been followed.

(2) When a ro-ro passenger ship or high-speed passenger craft

is to be engaged on a regular service, the competent authority may take

into account inspections and surveys previously carried out in respect

of that ro-ro passenger ship or high-speed passenger craft for operation

on another regular service covered by these regulations. Provided that

the competent authority is satisfied with those previous inspections

and surveys and that they are relevant to the new operational

conditions, the inspections provided for in regulation 4(1) do not need

to be applied before the ro-ro passenger ship or high-speed passenger

craft starts operating on the new regular service.

(3) Where, due to unforeseen circumstances, there is an urgent

need for the rapid introduction of a replacement ro-ro passenger ship

or high-speed passenger craft to ensure continuity of service, and sub-

regulation (2) is not applicable, the competent authority may allow the

ro-ro passenger ship or craft to start operating provided that

(a) a visual inspection and document check raises no

concerns that the ro-ro passenger ship or high-speed passenger

craft does not fulfil the necessary requirements for safe

operation; and

(b) the pre-commencement inspection provided for in

regulation 4(1) is completed within one month.

(1) Once in every twelve month period, a ro-ro passenger Regular

ship or high-speed passenger craft covered by these regulations shall inspections.

be subject to

(a) an inspection in accordance with Annex II of

Directive (EU) 2017/2110, provided that a pre-commencement

inspection in accordance with regulation 4 shall be considered as

such inspection; and

(b)

an inspection during a regular service, taking place

not before four months but not later than eight months after the

inspection referred to in paragraph (a) of this sub-regulation and

covering the items listed in Annex III of Directive (EU) 2017/

2110 and what, in the professional judgment of the inspector,

constitutes a sufficient number of the items listed in Annexes I

and II of Directive 2017/2110 to ensure that the ro-ro passenger

ship or high-speed passenger craft continues to fulfill all the

necessary requirements for safe operation.

(2) The inspection referred to in sub-regulation (1)(a) may, be

carried out at the same time as, or in conjunction with, the annual flag

State survey provided that the relevant procedures and guidelines for

surveys as specified in HSSC or procedures designed to achieve the

same goal are followed.

(3) Each time the ro-ro passenger ship or high-speed passenger

craft undergoes repairs, alterations and modifications of a major

character, or when there is a change of management, or a transfer of

class, an inspection shall be carried out in accordance with Annex II of

Directive (EU) 2017/2110

Provided that the competent authority may exempt the ro-

ro passenger ship or high-speed craft from such inspection in the case

of a change of management, or transfer of class, after taking account of

inspections previously carried out in respect of the ro-ro passenger

ship or high speed passenger craft, and provided further that the safe

operation of the ro-ro passenger ship or craft is not affected by such

change or transfer.

On completion of any inspection carried out in accordance

with these regulations, the inspector shall draw up a report in

accordance with Annex IX to Directive 2009/16/EC on port State

control, and a copy of the inspection report shall be provided to the

ship’s master.

(1) The company shall ensure that any deficiencies

confirmed or revealed by an inspection carried out in accordance with

these regulations are rectified.

(2) Where the deficiencies are clearly hazardous to health or

safety or pose an immediate danger to health or life, the ro-ro

passenger ship or high-speed passenger craft, its crew and passengers,

the competent authority shall issue an order prohibiting the departure

of the ro-ro passenger ship or high-speed passenger craft (hereinafter

referred to as "a prohibition of departure order"). The master shall be

provided with a copy of that order.

(3)

The prohibition of departure order shall not be lifted until

the deficiency has been rectified and the hazard has been removed to

the satisfaction of the competent authority or until the competent

authority has established that the ship or craft can, subject to any

necessary conditions, proceed to sea or resume operation without risk

to the safety and health of passengers or crew, or risk to the ro-ro

passenger ship or high-speed passenger craft or other ships.

(4) If a deficiency referred to in sub-regulation (2) cannot be

readily rectified in the port in which the deficiency has been confirmed

or revealed, the competent authority may agree to allow the ship or

craft to proceed to an appropriate repair yard where the deficiency can

be readily rectified.

(5) In exceptional circumstances, where the overall condition

of a ro-ro passenger ship or high-speed passenger craft is obviously

substandard, the competent authority may suspend the inspection of

that ship or craft until the company takes the steps necessary to ensure

that the ro-ro passenger ship or high-speed passenger craft is no longer

clearly hazardous to safety or health or no longer poses an immediate

danger to the life of its crew and passengers or to ensure that it

complies with the relevant requirements of applicable international

conventions.

(6) Where the competent authority suspends the inspection in

accordance with sub-regulation (5), the ro-ro passenger ship or high-

speed passenger craft shall be automatically placed under a prohibition

of departure order. The prohibition of departure order shall be lifted

where the inspection has been resumed and successfully completed

and where the conditions set out in sub-regulation (3) and in regulation

10(2) have been complied with.

(1) The company shall have a right of appeal against a Right of appeal.

prohibition of departure order issued by the competent authority. An

appeal shall not cause the prohibition of departure order to be

suspended.

(2) The competent authority shall inform the master of the ro-

ro passenger ship or high-speed passenger craft subject to a prohibition

of departure order of the right of appeal and the applicable procedures.

(3) An appeal against a prohibition of departure order may be

made before the Courts of Justice, in accordance with the provisions of

the Code of Organization and Civil Procedure.

(1) Where the inspections referred to in regulations 4 and Costs.

6 confirm or reveal deficiencies warranting a prohibition of departure

order, all costs relating to the inspections shall be covered by the

company.

(2) The prohibition of departure order shall not be lifted until

full payment is made or a sufficient guarantee is given for

reimbursement of the costs.

(1) It shall be the duty of the company to ensure that the

ro-ro passenger ship or high-speed passenger craft is in compliance

with the provisions of these regulations 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 thousand units.

(2) If a ro-ro passenger ship or high-speed passenger craft

proceeds or attempts to proceed to sea or on any voyage or excursion

in contravention of these regulations, the company shall, without

prejudice to any other penalty or remedy under the Act, be liable to a

fine (multa) not exceeding five thousand units.

The Merchant Shipping (Safe Operation of Regular Ro-Ro

Ferry and High-Speed Passenger Craft Services) Regulations are

hereby repealed.

€0.27