Regulations, 2021

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,565, 2 ta’ Frar, 2021

L.N. 37 of 2021

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Port State Control) (Amendment)

Regulations, 2021

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

The title of these regulations is the Merchant Shipping Citation.

(Port State Control) (Amendment) Regulations, 2021 and 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".

Regulation 1(2) of the principal regulations shall be Amends

regulation 1 of

substituted by the following

the principal

regulations.

"(2) These regulations adopt the measures contained in

Directive 2009/16/EC of the European Parliament and of the

Council of 23 April 2009, in Directive 2013/38/EC of the

European Parliament and of the Council of 12 August 2013 in its

up-to-date version, and in Regulation (EC) No 725/2004 of the

European Parliament and of the Council of 31 March 2004 on

Enhancing Ship and Port Facility Security, in its up-to-date

version as far as its Article 8 and the Regulation 9 in its Annex I

are concerned.".

Regulation 10(2) of the principal regulations shall be Amends

regulation 10 of

substituted by the following

the principal

regulations.

"(2) As far as security checks are concerned, the

competent authority shall apply Article 8 of Regulation (EC) No

725/2004 and the relevant procedures set out in Annex VI to the

Directive to all ships referred to in Articles 3(1), 3(2) and 3(3) of

Regulation (EC) No 725/2004 of the European Parliament and of

the Council, calling at Maltese ports and anchorages, unless they

fly the Maltese flag.".

Regulation 17(1) of the principal regulations shall be Amends

regulation 17 of

substituted by the following

the principal

regulations.

"(1) Inspections under these regulations, and security

checks in terms of Article 8 of Regulation (EC) No 725/2004,

shall be carried out only by inspectors who fulfil the

qualification criteria specified in Annex XI to the Directive and

who are authorised to carry out port State control by the

competent authority.".

Regulation 17(3) of the principal regulations shall be

substituted by the following

"(3) The inspectors carrying out port State control, and

security checks in terms of Article 8 of Regulation (EC) No 725/

2004, and the persons assisting them shall have no commercial

interest either in the port of inspection or in the ships inspected,

nor shall the inspectors be employed by, or undertake work on

behalf of, non-governmental organisations which issue statutory

and classification certificates or which carry out the surveys

necessary for the issue of those certificates to ships.".

€0.09