MERCHANT SHIPPING (SHIP INSPECTION AND SURVEY ORGANISATIONS) REGULATIONS

MERCHANT SHIPPING (SHIP INSPECTION

[ S.234.37

AND SURVEY ORGANISATIONS)

SUBSIDIARY LEGISLATION 234.37

MERCHANT SHIPPING (SHIP INSPECTION AND

SURVEY ORGANISATIONS) REGULATIONS

17th June, 2011 *

LEGAL NOTICE 220 of 2011, as amended by Legal Notice 133 of 2015.

(1) The title of these regulations is the Merchant Shipping

(Ship Inspection and Survey Organisations) Regulations.

(2) These regulations prescribe the criteria in accordance with

which organisations or bodies of surveyors may be authorised for

the purposes of article 367(1) of the Act and implement the

provisions of Directive 2009/15/EC of the European Parliament

and of the Council of 23 April 2009 in its up-to-date version,

hereinafter referred to in these regulations as Directive 2009/15/

EC; furthermore these regulations adopt the measures contained in

Commission Implementing Directive 2014/111/EU of 17 December

2014 amending Directive 2009/15/EC with regard to the adoption

by the International Maritime Organization (IMO) of certain Codes

and related amendments to certain conventions and protocols.

(1)

In these regulations, unless the context otherwise

requires -

''the Act'' means the Merchant Shipping Act;

''authorise'' means authorise organisations to undertake fully or

in part inspections and surveys related to certificates including

those for the assessment of compliance with the regulations hereof

and, where appropriate, to issue or renew the related certificates;

''cargo ship safety radio certificate'' means the certificate

provided for by Chapter V of SOLAS 1974/1978;

''certificate'' means a certificate issued by or on behalf of the

Go v e r nm en t of M a l t a i n a c c o r d a n c e w i t h t h e i n t e r n a ti o n a l

conventions;

''class certificate'' means a document issued by a recognised

organisation certifying the fitness of a ship for a particular use or

service in accordance with the rules and procedures laid down and

made public by that recognised organisation;

''Maltese ship'' shall have the same meaning as is assigned to it

by article 3 of the Act;

''organisation'' means a legal entity, its subsidiaries and any other

entities under its control, which jointly or separately carry out tasks

falling under the scope of Directive 2009/15/EC;

''recognised organisation'' means an organisation recognised in

accordance with Regulation 391/2009/EC;

*see regulation 1(2) of these Regulations, as originally promulgated.

MERCHANT SHIPPING (SHIP INSPECTION

AND SURVEY ORGANISATIONS)

''rules and procedures'' means a recognised organisation’s

requirements for the design, construction, equipment, maintenance

and survey of ships.

(2) Unless otherwise defined in the Act or in these regulations,

or unless the context so requires, words and expressions used in

these regulations shall have the same meaning assigned to them in

Directive 2009/15/EC, in its up-to-date version.

(1) For the purposes of article 367(1) of the Act in so far as

it relates to organisations or bodies of surveyors, the Minister shall

only authorise organisations or bodies of surveyors which are

recognised organisations

Provided further that the Minister may authorise a private

body having sufficient expertise and qualified personnel to carry

out specified work on radio-communication and to issue on behalf

of the Government of Malta the cargo ship safety radio certificate.

(2) Subject to sub-regulation (4) and to regulations 4 and 5, the

Minister shall in principle not refuse to authorise a recognised

organisation

Provided that the Minister may restrict the number of

authorised recognised organisations in accordance with the

requirements for the administration of the Act, provided there are

transparent and objective grounds for so doing.

(3) The Minister may refuse to authorise a recognised

organisation located in a State outside the European Union if that

State does not grant reciprocal treatment for recognised

organisations which are located in the European Union.

(4) The Minister may suspend or withdraw the authorisation of

a recognised organisation in accordance with article 8 of Directive

2009/15/EC.

(5) This regulation does not concern the certification of

specific items of marine equipment.

(6) For the purposes of this regulation, ''located'' refers to the

place of the registered office, central administration or principal

place of business of an organisation.

(1) The Registrar-General shall set out a working

relationship with the recognised organisations authorised by the

Minister which working relationship shall be regulated by a

formalised written and non-discriminatory agreement setting out

the specific duties and functions assumed by the organisations and

including at least the provisions set out in sub-paragraphs (a) to (e)

of Article 5 paragraph (2) of Directive 2009/15/EC.

(2) The agreement referred to in sub-regulation (1) may contain

the requirement that the recognised organisation has a local

representation in Malta which may be a representation of a legal

nature ensuring legal personality under Maltese law and which is

subject to the jurisdiction of the Maltese courts.

MERCHANT SHIPPING (SHIP INSPECTION

[ S.234.37

AND SURVEY ORGANISATIONS)

(1) The Registrar-General shall monitor the work of the

authorised recognised organisations to ensure that they effectively

carry out the functions for which they are authorised.

(2) The Registrar-General shall on a biennial basis monitor

every recognised organisation acting on its behalf and shall provide

the other member States of the European Union and the European

Commission with a report on the results of such monitoring

activities at the latest by 31 March of the year following the year in

which the monitoring was carried out.

Maltese ships to which the provisions of the international

conventions are applicable shall be designed, constructed, equipped

and maintained in accordance with the rules and procedures

relating to hull, machinery and electrical and control installation

requirements of an authorised recognised organisation.

(1) The Registrar-General shall report to the European

Commission and to other Member States of the European Union,

and shall inform the flag State concerned, the discovery of the issue

of valid certificates by organisations acting on behalf of a flag State

to a ship which does not fulfill the relevant requirements of the

international conventions, or of any failure of a ship carrying a

valid class certificate and relating to items covered by that

certificate.

(2) Only cases of ships representing a serious threat to safety

and the environment or showing evidence of particularly negligent

behaviour of the organisations shall be reported for the purposes of

this regulation.

(1) In performing functions for which they are authorised

by the Minister in terms of article 367(1) of the Act relating to

Maltese ships to which the provisions of international conventions

apply, recognised organisations shall ensure that the provisions of

this regulation are complied with.

(2) The Registrar-General may require that a recognised

organisation shall not issue any exemption certificate from the

requirements of international conventions unless they are so

authorised by the Registrar-General

Provided that the Registrar-General shall in all cases

approve the first issue of the exemption certificates.

(3) Notwithstanding any requirements of the Act as to the issue

of certificates, recognised organisations shall not issue certificates

to a Maltese ship declassed or changing class for safety reasons

before consulting the Registrar-General to determine whether a full

inspection is necessary.