MERCHANT SHIPPING (MARINE EQUIPMENT) REGULATIONS (marineequipment)

SUBSIDIARY LEGISLATION 234.40

MERCHANT SHIPPING (MARINE EQUIPMENT)

REGULATIONS

18th September, 2016 *

LEGAL NOTICE 212 of 2016.

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

(Marine Equipment) Regulations.

(2) These regulations adopt the measures, in relation to

Maltese ships, contained in Directive 2014/90/EU of the European

Parliament and of the Council of 23 July 2014 on marine equipment

and repealing Council Directive 96/98/EC in its up-to-date version,

hereinafter referred to in these regulations as "the Directive".

(1)

In these regulations, unless the context otherwise

requires -

"the Act" means the Merchant Shipping Act;

"certificates" means the certificates issued by or on behalf of the

Government of Malta in accordance with international conventions;

"conformity assessment procedures" mean the procedures as set

out in Article 15 and in Annex II of the Directive;

"Maltese ship" means a ship for which safety certificates are

issued by or on behalf of the Government of Malta under

international conventions except where such certificates are issued

by the Government of Malta at the request of the Administration of

a third country;

"Member State" means a member State of the European Union;

"Registrar-General" shall have the same meaning as is assigned

to it in the Act.

(2) Unless otherwise defined 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 the

Directive.

(1) These regulations shall apply to equipment placed or to

be placed on board a Maltese ship and for which the approval of the

flag State administration, is required by international instruments,

regardless of whether the ship is situated in Malta at the time when

it is fitted with the equipment.

(2) Notwithstanding the fact that the equipment referred to in

sub-regulation (1) may fall within the scope of other legislation,

that equipment shall be subject only to these regulations.

(1)

Marine equipment that is placed on board a Maltese

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

ship on or after 18 Septemb er, 2016 shall meet the design,

construction and performance requirements of the international

instruments as applicable at the time when that equipment is placed

on board.

(2) Compliance of marine equipment with the requirements

referred to in sub-regulation (1) shall be demonstrated solely in

accordance with t he t esting st andards and by m eans of the

conformity assessment procedures.

(1) No certificates as required by the international

conventions shall be issued to a Maltese ship and no such

certificate shall be renewed or endorsed u nle ss the marine

equipment on board that ship complies with the requirements of

these regulations.

(2) Marine equipment on board Maltese ships shall comply

with the requirements in the international instruments which are

applicable to equipment already placed on board.

(3) Marine equipment which complies with these regulations

shall not be prohibited from being placed on board a Maltese ship

and the issue or renewal of the certificates relating thereto shall not

be refused.

When marine equipment is placed on board a Maltese ship,

a copy of the EU declaration of conformity covering the equipment

concerned shall be provided to the ship, and shall be kept on board

until the said equipment is removed from the ship. It shall be

translated by the manufacturer into the English language.

(1) In the case of a ship which is not registered in a

Member State but which is to operate as a Maltese ship, that ship

shall, during transfer, be subject to inspection as directed by the

Registrar-General to verify that the actual condition of its marine

equipment corresponds to its safety certificates and either complies

with these regulations and bears the wheel mark or is equivalent, to

the satisfaction of the Registrar-General, to marine equipment

certified in accordance with these regulations.

(2) In cases where the date of installation on board of marine

equipment cannot be established, the Registrar-General may

determine satisfactory requirements of equivalence, taking into

account relevant international instruments.

(3) Unless the equipment either bears the wheel mark or the

Registrar-General considers it to be equivalent, it shall be replaced.

(4) Marine equipment which is considered equivalent pursuant

to this regulation shall be issued with a certificate by the Registrar-

General which shall at all times be carried with the equipment. That

certificate shall give the Registrar-General’s permission for the

equipment to be retained on board the ship imposing any

restrictions relating to the use of the equipment, that he deems

necessary.

(1) In exceptional circumstances of technical innovation,

the Registrar-General may permit marine equipment which does

not comply with the conformity assessment procedures to be placed

on board a Maltese ship if it is established by trial or otherwise to

the satisfaction of the Registrar-General that such equipment meets

the objectives of these regulations.

(2) The trial procedures shall in no way discriminate between

marine equipment on the basis of the origin of the equipment.

(3) The Registrar-General shall issue a certificate in respect of

any equipment permitted to be placed on board a ship pursuant to

sub-regulation (1) recording the permission for the equipment to be

placed on board the ship and specifying any restrictions or any

provisions relating to the use of the equipment. Such certificate

shall be carried on board the ship with the equipment at all times.

(4) The Registrar-General shall communicate to the Member

States and the European Commission the particulars of any

equipment permitted to be carried on board a Maltese ship in terms

of sub-regulation (1) together with the reports of all relevant trials,

assessments and conformity assessment procedures.

(5) Where a ship with equipment on board which is covered by

sub-regulation (1) is to be registered as a Maltese ship, the

Registrar-General may undertake the measures necessary, which

may include tests and practical demonstrations, to ensure that the

equipment is at least as effective as equipment which does comply

with the conformity assessment procedures.

(1) The Registrar-General may permit marine equipment

which does not comply with the conformity assessment procedures

or which is not covered by regulation 8 to be placed on board a

Maltese ship for reasons of testing or evaluation and, a certificate

recording the approval is issued by the Registrar General for the

equipment to be placed on board the ship specifying any

restrictions or conditions for the use of the equipment. Such

certificate shall be carried with the equipment at all times.

(2) Any permission granted in terms of sub-regulation (1) shall

be limited to a short period of time.

(3) Any equipment allowed to be carried in terms of sub-

regulation (1) must not be relied on in place of equipment which

meets the requirements of these regulations and must not replace

such equipment, which must remain on board the Maltese ship in

working condition and ready for immediate use.

(1) If equipment to which these regulations apply has to

be replaced in a port outside the European Union and if it is not

practicable for reasons of time, delay or cost to replace the

equipment which bears the wheelmark, other equipment may be

placed on board

Provided that

(a) the equipment shall be accompanied by documentation

issued by a Member State of the International

Maritime Organization (IMO) which is a party to the

relevant conventions, certifying compliance with the

relevant IMO requirements; and

MERCHANT SHIPPING (MARINE EQUIPMENT)

(b) the Registrar-General shall be informed at once of the

nature and characteristics of such other marine

equipment; and

(c) at the earliest opportunity, it shall be ensured that the

marine equipment referred to in sub-regulation (1),

along with its testing documentation, complies with

the relevant requirements of the international

instruments and of these regulations.

(2) Where it has been demonstrated that specific marine

equipment bearing the wheel mark is not available on the market,

the Registrar-General may authorise other marine equipment to be

placed on board.

(3) The authorised marine equipment shall comply, as much as

possible, with the requirements and testing standards referred to in

regulation 4.

(4) The marine equipment placed on board shall be

accompanied by an interim certificate of approval issued by the

R e gi s t ra r- G e ner a l o r b y a n ot he r M e mb e r St a t e , s ta t i ng t he

following

(a) the equipment bearing the wheel mark which the

certified equipment is due to replace;

(b) the exact circumstances under which the certificate of

approval has been issued, and in particular the

unavailability in the market of equipment bearing the

wheel mark;

(c) the exact design, construction and performance

requirements against which the equipment has been

approved by the certifying Member State; and

(d) the testing standards applied, if any, in the relevant

approval procedures.

(1) Any person who in respect of an item of equipment

falling under these regulations -

(a) affixes a mark of conformity identification number or

symbol in contravention of these regulations;

(b) forges, counterfeits or in any other manner alters or

defaces any mark of conformity or identification

number of symbol affixed in accordance with these

regulations;

(c) removes any mark of conformity or identification

number affixed in accordance with these regulations;

or

(d) makes any alteration to the equipment after the mark

of conformity or identification number or symbol has

been affixed to it in accordance with these regulations

so that the equipment no longer complies with the

applicable international standards,

shall be guilty of an offence

Provided that a person shall not be guilty of an offence by

reason solely of the alteration, defacement or removal of a mark of

conformity or identification symbol or number in the course of the

removal adjustment or repair of any item of equipment by, or by the

duly authorised agent of, a person who is a manufacturer of such

equipment or is regularly engaged in the business of the repair of

such equipment.

(2) Any person who places on board a Maltese ship the market,

supplies or exposes or offers for supply, an item of equipment

which to his knowledge -

(a) bears a mark of conformity or identification number of

symbol which is a forgery or counterfeit, or which has

been transferred from another item of equipment, or

which has been altered or defaced otherwise than in

accordance with the provisions of these regulations; or

(b) does not comply with the applicable international

standards by reason of any alteration made to it after

any mark of conformity or identification number, or

symbol was affixed to it in accordance with these

regulations,

shall be guilty of an offence.

(3) Any equipment in respect of which an offence under these

regulations has been committed shall be liable to be forfeited.

(4) Unless provided otherwise in the specific regulation, any

person who is guilty of an offence under these regulations shall, in

the case of a first offence contrary to these regulations be subject to

a fine (multa) not exceeding one thousand and five hundred euro

(€1,500) and in the case of a second or subsequent offence to a fine

not less than one thousand and five hundred euro (€1,500) and not

more than five thousand euro (€5,000).

In any proceedings for an offence under these regulations it

shall be a defence for the person charged to prove that he took all

reasonable steps to avoid the commission of the offence.

Saving other provisions of these regulations where the

equipment on board a ship does not comply with the requirements

of these regulations the ship may be considered to be unseaworthy

in terms of the provisions of article 278 of the Act and the ship

shall be liable to be detained and without prejudice to the other

provisions of the Act, articles 281 to 283B of the Act shall apply.