Merchant Shipping (Training and Certification)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,564, 29 ta’ Jannar, 2021 B 153

L.N. 26 of 2021

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Training and Certification)

(Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by articles 91 and 374 of

the Merchant Shipping Act, the Minister responsible for transport,

infrastructure and capital projects, has made the following

regulations:-

The title of these regulations is the Merchant Shipping Citation.

(Training and Certification) (Amendment) Regulations, 2021, and

these regulations shall be read and construed as one with the Merchant S.L. 234.17.

Shipping (Training and Certification) Regulations, hereinafter referred

to as "the principal regulations".

Declaration of secrecy of correspondence

(Paragraph 1.13 of the First Schedule)

I,_________________do solemnly and sincerely declare that I

will

(a) only intercept or receive, however so described,

radiocommunications which are either intended for the general

use of the public or directed to the vessel on which the

radiocommunications apparatus operated by me is installed; and

(b) not divulge the contents, simple disclosure of the

existence or publication, however so described, without

authorization of received or intercepted communications by

means of the use of radiocommunications apparatus referred to

in (a) above.

Date ________________

Signature of Declarant ________________________".

€0.63

Sub-regulation (2) of regulation 1 of the principal Amends

regulation 1 of

regulations shall be substituted by the following

the principal

regulations.

"(2) These regulations adopt the measures contained in the

International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers, as amended, and in Directive

2008/106/EC of the European Parliament and of the Council, on

the minimum level of training of seafarers, in its latest amended

version."

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

sub-regulation (1) thereof, shall be amended as

follows

(i) immediately after the definition "assistant

engineer officer", there shall be added the following new

definition

" "CEPT" means the European Conference of

Postal and Telecommunication Administrations;";

(ii) immediately after the definition "documentary

evidence", there shall be added the following new

definition

" "ECC" means the Electronic Communications

Committee within CEPT;"

(iii) immediately after the definition "fast rescue

boat", there shall be added the following two new

definitions

" "GMDSS" means the Global Maritime

Distress and Safety System;

"GMDSS Certificate" means the GMDSS

General Operator’s Certificate (GOC) or the GMDSS

Restricted Operator’s Certificate (ROC);";

(iv) immediately after the definition "GT", there

shall be added the following new definition

" "IGF Code" means the International Code of

Safety for Ships using Gases or other Low-flashpoint

Fuels, as defined in SOLAS 74 Regulation II-1/

2.29;";

(v) immediately after the definition "passenger

ship", there shall be added the following new definitions

" "Polar Code" means the International Code

for Ships Operating in Polar Waters, as defined in

SOLAS 74 Regulation XIV/1.1;

"Polar waters" means Arctic waters and, or the

Antarctic area, as defined in SOLAS 74 Regulations

XIV/1.2 to XIV/1.4;";

(vi) in the definition "radio duties" the words

"Radiocommunications (Certificates of Operators)

Regulations the," shall be deleted;

(vii) in the definition "radio operator", immediately

after the words "Registrar-General" there shall be added the

words", engaged on ships operating in the GMDSS as

prescribed by the International Convention for the Safety of

Life at Sea (SOLAS), 1974, as amended;";

(viii) immediately after the definition "radio

operator", there shall be added the following new

definition

" "Registrar-General" shall have the same

meaning as is assigned to it in the Act;";

(ix) immediately after the definition "survival

craft", there shall be added the following two new

definitions

" "VHF Short Range Certificate (SRC)" is a

certificate related to Maritime Mobile and Maritime

Mobile Satellite Services according to Radio

Regulations as well as other international and

national regulations;

"yacht" means a vessel propelled by sail or

motor, mainly used for leisure activities in

recreational and, or commercial operations."; and

(b) in sub-regulation (2) thereof, immediately after the

word "Convention" there shall be added the words "and in

Directive 2008/106/EC, in their latest amended versions.".

Regulation 3 of the principal regulations, shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) in regulation 3 thereof, immediately after the words

"Electro technical officer," there shall be added the words "Radio

operator."; and

(b)

the last paragraph of regulation 3 thereof, shall be

deleted.

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) in column 1 of the Table of Criteria for Appropriate

Certificates, immediately under the words "Officer in charge of a

navigational watch on ships of 500 GT or more" there shall be

added the words "Officer in charge of a navigational watch on

yachts less than 3000GT"; and under the corresponding column

2 there shall be added the words "Regulation II/1";

(b) in column 1 of the Table of Criteria for

Appropriate Certificates, immediately under the words

"Master or chief mate on ships of between 500 GT and

3000 GT" there shall be added the words "Master on yachts

less than 500 GT"; and under the corresponding column 2

there shall be added the words "Regulation II/2".; and

(c) in column 1 of the Table of Criteria for

Appropriate Certificates, immediately under the last item

there shall be added the words "Radio operator"; and under

the corresponding column 2 there shall be added the words

"Regulation IV/2".

In column 1 and 2 of the Table of Criteria for Appropriate

Certificates of regulation 5 of the principal regulations, immediately

under the words "Other certificates" in column 1 and under the words

"Regulations Annexed to the STCW Convention" in column 2 there

shall be added the following new items

"Proficiency in basic training for oil and chemical tanker

cargo operations – Regulation V/1-1.1;

Proficiency in advanced training for oil tanker cargo

operations – Regulation V/1-1.3;

Proficiency in advanced training for chemical tanker cargo

operations – Regulation V/1-1.5;

Proficiency in basic training for liquefied gas tanker cargo

operations – Regulation V/1-2.1;

Proficiency in advanced training for liquefied gas tanker

cargo operations – Regulation V/1-2.3;

Proficiency in basic training for service on ships subject to

the IGF Code – Regulation V/3.4;

Proficiency in advanced training for service on ships

subject to the IGF Code – Regulation V/3.7;

Proficiency in basic training for ships operating in Polar

Waters – Regulation V/4.1;

Proficiency in advanced training for ships operating in

Polar Waters – Regulation V/4.3".

Immediately after regulation 7 of the principal regulations

there shall be added the following new regulation 7A

"7A. (1)No person shall operate VHF (SRC) apparatus

unless such person is in possession of a VHF Short Range

Certificate issued or recognized under these regulations.

(2) The procedure and conditions for the issue of a VHF

Short Range Certificate provided for in these regulations shall be

as set out in the Fourth Schedule.".

In regulation 10 of the principal regulations, immediately Amends

after sub-regulation 10(7) thereof, there shall be added the following regulation

the principal

new sub-regulation 10(8)

regulations.

"10 (8) The Registrar General, following a breach of

these regulations, may temporarily or permanently withdraw or

suspend any certificate issued under these regulations with

immediate effect.".

Regulation 15 of the principal regulations shall be Substitutes

regulation 15 of

substituted by the following

the principal

regulations.

"15. Any matter relating to certificates and endorsements

not provided for in these regulations shall be governed by the

provisions of the Convention, the STCW Code and Directive

2008/106/EC in their latest amended versions, as the case may

The First Schedule annexed to the principal regulations Amends the

First Schedule

shall be amended as follows

annexed to the

principal

regulations.

(a) immediately after paragraph 1.12 thereof, there shall

be added the following new paragraph 1.13

"1.13 For the issue of any GMDSS certificate or VHF

(SRC) a declaration to preserve the secrecy of

correspondence in the form contained in the Fifth Schedule

to these regulations shall be presented with the

application."; and

(b) immediately after paragraph 2.2.6 thereof, there shall

be added the following new paragraph 2A.2

"Officer in charge of a navigational watch on yachts

of less than 3000 GT

2A.2

Every candidate shall

2A.2.1

be not less than 18 years of age;

2A.2.2 have approved seagoing service of not less

than twelve months on vessels not less than 15 meters

in length or 80 GT as part of an approved training

programme which includes on board training that

meets the requirements of section A-II/1 of the

STCW Code; this training must be documented in an

approved record book, or otherwise have approved

seagoing service in any acceptable deck capacity on

vessels not less than 15 meters in length or 80 GT for

a period of not less than thirty-six months sea service;

2A.2.3

have performed, during the required sea

going service, bridge watch-keeping duties under the

supervision of the master or a qualified officer for a

period of not less than six months;

2A.2.4

meet the applicable requirements of the

regulations in chapter IV, as appropriate, for

performing designated radio duties in accordance

with the Radio Regulations;

2A.2.5

have completed approved education and

training and meet the standard of competence

specified in the relevant section A-II/1 of the STCW

Code; and

2A.2.6

meet the standard of competence

specified in section A-VI/1 paragraph 2, section A-

VI/2 paragraphs 1 to 4, section A-VI/3 paragraphs 1

to 4 and section A-VI/4 paragraphs 1 to 3 of the

STCW Code.";

(c) immediately after paragraph 2.5.3 thereof, there shall

be added the following new paragraph 2A.5

"Master on yachts of less than 500 GT

2A.5

Every candidate shall

2A.5.1

meet the requirements of an officer in

charge of a navigational watch on yachts of less than

3000 GT;

2A.5.2

have approved sea going service of not

less than 12 months in that capacity; and

2A.5.3

have completed approved education and

training and meet the standard of competence

specified in section A-II/2 of the STCW Code for

masters and chief mates on ships of between 500and

3000 GT.";

(d)

Table 1 in paragraph 2.9 thereof, shall be substituted

the following

Certificate (STCW Regs)

Additional

Training

STCW

II/1

II/2

II/3

II/4

II/5

Requirements

Code Ref

Personal Survival

⸱

⸱

⸱

⸱

⸱

A-VI/1-1

Techniques

Fire Prevention &

⸱

⸱

⸱

⸱

⸱

A-VI/1-2

Fire Fighting

Elementary First

⸱

⸱

⸱

⸱

⸱

A-VI/1-3

Aid

Personal Safety

⸱

⸱

⸱

⸱

⸱

& Social

A-VI/1-4

Responsibility

Proficiency in

⸱

⸱

⸱

⸱

Survival Craft &

A-VI/2

Rescue Boats

Advanced Fire

⸱

⸱

⸱

A-VI/3

Fighting

⸱

⸱

Medical First Aid

A-VI/4-1

⸱

⸱

Medical Care

A-VI/4-2

Radar & ARPA

Simulator

⸱

⸱

Training –

A-II/1

Operational

Level

Radar & ARPA

Simulator

⸱

⸱

Training –

A-II/2

Management

Level

Leadership and

⸱

A-II/1

Teamwork

Use of

⸱

⸱

Leadership &

A-II/2

Managerial Skills

⸱

⸱

⸱

ECDIS

A-II/1

Efficient Deck

⸱

⸱

Hand

⸱

⸱

GMDSS (GOC)

A-IV/2

⸱

GMDSS (ROC)

A-IV/2

Medical Fitness

⸱

⸱

⸱

⸱

⸱

(including

A-I/9

eyesight)

(e)

Table 2 in paragraph 3.13 thereof, shall be substituted

by the following

Certificate (STCW Regs)

STCW

III/1

III/2

III/3

III/4

III/5

III/6

III/7

Code

Ref

⸱

⸱

⸱

⸱

⸱

⸱

⸱

A-VI/1-1

⸱

⸱

⸱

⸱

⸱

⸱

⸱

A-VI/1-2

⸱

⸱

⸱

⸱

⸱

⸱

⸱

A-VI/1-3

⸱

⸱

⸱

⸱

⸱

⸱

⸱

A-VI/1-4

⸱

⸱

⸱

⸱

A-VI/2

⸱

⸱

⸱

⸱

A-VI/3

⸱

⸱

⸱

⸱

A-VI/4-1

⸱

⸱

A-III/1

⸱

⸱

A-III/2

⸱

⸱

⸱

⸱

⸱

⸱

⸱

A-I/9

(f) immediately after paragraph 3.13 thereof, there shall

be added the following new paragraph 3A

"3A. Specific Requirements – Radio Operators

Radio Operator

3A.1

Every candidate shall

3A.1.1

be not less than 18 years of age;

3A.1.2

have completed approved education and

training and meet the standard of competence

specified in section A-IV/2 of the STCW Code."

(g) in paragraph 6.3 thereof, immediately after the words

"as the case may be." there shall be added the following

"Examiners for the conduct of radio operator

examinations shall be appointed by the Registrar-

General from an approved list of persons having a

good knowledge of ships and of maritime safety and

search and rescue matters, and holding a Maritime

Radio-communication General Certificate or an

equivalent certificate, and either holding a GMDSS

General Operator’s Certificate or having, in the

opinion of the Registrar-General,

considerable

experience in maritime radiocommunications,

including the GMDSS."

The Second Schedule annexed to the principal regulations Amends the

Second

shall be amended as follows

Schedule

annexed to the

principal

(a) in paragraph 13, the words "paragraphs 15" shall be

regulations.

substituted by the words "paragraphs 14A";

(b) in paragraph 14, the words "paragraphs 15," shall be

substituted by the words "paragraphs 16,";

(c) immediately after paragraph 14, there shall be added

the following new paragraph 14A

"14A. Personnel serving on board passenger ships

shall complete passenger ship emergency familiarisation

appropriate to their capacity, duties and responsibilities as

specified in section A-V/2 paragraph 1 of the STCW

Code."; and

(d) paragraphs 15, 16, 17 and 18 shall be substituted by

the following

"15. Personnel providing direct service to

passengers in passenger spaces on board passenger

ships shall complete the safety training specified in

section A-V/2 paragraph 2 of the STCW Code.

Masters, officers, ratings qualified in

accordance with chapters II, III and VII and other

personnel designated on the muster list to assist

passengers in emergency situations on board

passenger ships, shall complete passenger ship crowd

management training as specified in section A-V/2,

paragraph 3 of the STCW Code.

Masters, chief engineer officers, chief mates,

second engineer officers and any person designated

on the muster list of having responsibility for the

safety of passengers in emergency situations on board

passenger ships shall complete approved training in

crisis management and human behaviour as specified

in section A-V/2, paragraph 4 of the STCW Code.

Masters, chief engineer officers, chief mates,

second engineer officers and every person assigned

immediate responsibility for embarking and

disembarking passengers, for loading, discharging or

securing cargo, or for closing hull openings on board

ro-ro passenger ships, shall complete approved

training in passenger safety, cargo safety and hull

integrity as specified in section A-V/2, paragraph 5 of

the STCW Code.";

(e) immediately after paragraph 18 thereof, there shall be

added the following new paragraphs 18A, 18B, 18C,18D, 18E,

18F, 18G, 18H, 18I, 18J and 18K

"Mandatory minimum requirements for the training

and qualifications of masters, officers, ratings and

other personnel on ships subject to the IGF Code.

All seafarers serving on board ships subject to

the IGF Code shall, prior to being assigned shipboard

duties, receive appropriate ship and equipment

specific familiarization as specified in Regulation I/

14, paragraph 1.5. of the Convention.

Seafarers responsible for designated safety

duties associated with the care, use or in emergency

response to the fuel on board ships subject to the IGF

Code shall hold a certificate in basic training for

service on ships subject to the IGF Code.

Every candidate for a certificate in basic

training for service on ships subject to the IGF Code

shall have completed basic training in accordance

with the provisions of section A-V/3, paragraph 1 of

the STCW Code.

Masters, engineer officers and all personnel

with immediate responsibility for the care and use of

fuels and fuel systems on ships subject to the IGF

Code shall hold a certificate in advanced training for

service on ships subject to the IGF Code.

Every candidate for a certificate in advanced

training for service on ships subject to the IGF Code

shall, while holding the Certificate of Proficiency

described in paragraph 18B, have

18E.1completed approved advanced training for

service on ships subject to the IGF Code and meet the

standard of competence as specified in section A-V/

3, paragraph 2 of the STCW Code; and

18E.2completed at least one month of approved

seagoing service that includes a minimum of three

bunkering operations on board ships subject to the

IGF Code. Two of the three bunkering operations

may be replaced by approved simulator training on

bunkering operations as part of the training in

paragraph 18E.1 above.

Seafarers holding Certificates of Proficiency in

accordance with paragraph 18B or 18D above shall,

at intervals not exceeding five years, undertake

appropriate refresher training or be required to

provide evidence of having achieved the required

standard of competence within the previous five

years.

Mandatory minimum requirements for the training

and qualifications of masters and deck officers on

ships operating in polar waters.

Masters, chief mates and officers in charge of a

navigational watch on ships operating in polar waters

shall hold a certificate in basic training for ships

operating in polar waters, as required by the Polar

Code.

Every candidate for a certificate in basic

training for ships operating in polar waters shall have

completed an approved basic training for ships

operating in polar waters and meet the standard of

competence specified in section A-V/4, paragraph 1,

of the STCW Code.

Masters and chief mates on ships operating in

polar waters, shall hold a certificate in advanced

training for ships operating in polar waters, as

required by the Polar Code.

Every candidate for a certificate in advanced

training for ships operating in polar waters shall

18J.1 meet the requirements for certification in basic

training for ships in polar waters;

18J.2 have at least two months of approved seagoing

service in the deck department, at management level

or while performing watch keeping duties at the

operational level, within polar waters or other

equivalent approved seagoing service; and

18J.3 have completed approved advanced training for

ships operating in polar waters and meet the standard

of competence specified in section A-V/4, paragraph

2 of the STCW Code.

Seafarers holding Certificates of Proficiency in

accordance with paragraph 18G or 18I above shall be

required, at intervals not exceeding five years, to

establish continued professional competence for ships

operating in polar waters in accordance with section

A-1/11, paragraph 4 of the STCW Code.".

12. Immediately after the Third Schedule annexed to the

principal regulations, there shall be added the following new Fourth

and Fifth Schedules

"FOURTH SCHEDULE

Issue of VHF Short Range Certificate (SRC)

1. A person shall only qualify for a VHF (SRC) if such

(a)

is at least sixteen years of age; and

(b) demonstrates in an approved manner knowledge and

understanding of and proficiency in the material specified in the

syllabus annexed to the latest version of CEPT/ECC

Recommendation 31-04 on the harmonised CEPT examination

procedures for the short range certificate for non-SOLAS

2. The provisions of the First Schedule relating to the

certification and examination shall apply mutatis mutandis to this

3. The Registrar-General may recognize a VHF (SRC) if

satisfied that the requirements for the issue of such certificate are

equivalent to the provisions of paragraph 1 above and the system of

record keeping maintained by the issuing authority of the certificate is,

in the opinion of the Registrar-General, equally efficient to the system

of record keeping maintained in terms of the provisions of regulation

10 (6).