MERCHANT SHIPPING (SPECIFIC STABILITY REQUIREMENTS FOR RO-RO PASSENGER SHIPS) RULES

MERCHANT SHIPPING (SPECIFIC STABILITY

[ S.234.44

REQUIREMENTS FOR RO-RO PASSENGER SHIPS)

SUBSIDIARY LEGISLATION 234.44

MERCHANT SHIPPING (SPECIFIC STABILITY

REQUIREMENTS FOR RO-RO PASSENGER SHIPS)

RULES

12th July, 2005

LEGAL NOTICE 255 of 2005.

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

(Specific Stability Requirements for Ro-Ro Passenger Ships)

Rules.

(2) These rules adopt the measures contained in Directive

2003/25/EC of the European Parliament and of the Council of the

14th April 2003, in its up-to-date version, hereinafter referred to in

these rules as Directive 2003/25.

(1)

In these rules, unless the context otherwise requires -

"the Act" means the Merchant Shipping Act;

"administration of the flag State" in the case of Maltese ships

means the Registrar-General and in the case of other ships means

the competent authority of the State whose flag a ro-ro passenger

ship is entitled to fly;

"Maltese ship" has the same meaning as is assigned to it in

article 3 of the Act;

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

(2) Unless otherwise defined in these rules or unless the

context otherwise requires, words and expressions used in these

rules shall have the same meaning assigned to them in Directive

2003/25.

Directive 2003/25 shall, unless otherwise provided in these

rules and notwithstanding the provision of any other law, form part

of and be enforceable as part of the Law of Malta and shall apply to

all Maltese ro-ro passenger ships operating to or from a port of a

member State on a regular service when engaged on international

voyages and to all other ro-ro passenger ships operating to or from

a Maltese port on a regular service, regardless of their flag, when

engaged on international voyages.

(1) No Maltese ro-ro passenger ship shall operate or

attempt to operate to or from a port of a member State on a regular

service on international voyages, unless duly certified as prescribed

by Directive 2003/25.

(2) No ro-ro passenger ship shall operate or attempt to operate

to or from a Maltese port on a regular service on international

voyages, unless duly certified by the administration of its flag

State, as prescribed by Directive 2003/25.

(3)

The appropriate authority for the purpose of issuing

MERCHANT SHIPPING (SPECIFIC STABILITY

REQUIREMENTS FOR RO-RO PASSENGER SHIPS)

certificates with regards to Maltese ships, in terms of Directive

2003/25 shall be the Registrar-General or, an organisation or body

authorised in terms of article 367 of the Act or an official surveyor

of ships appointed in terms of that article, duly authorised by the

Registrar-General who shall, subject to the provisions of these rules

and such Directive, determine the conditions of issue and validity

of such certificates.

It shall be the duty of the owner, of the company which has

assumed the operation of the ship and of the master to ensure that

the ship is in compliance with the provisions of these rules and the

applicable requirements of Directive 2003/25 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 hundred units.