MERCHANT SHIPPING (FLAG STATE REQUIREMENTS) REGULATIONS (flagstaterequirements)

MERCHANT SHIPPING (FLAG STATE REQUIREMENTS)

SUBSIDIARY LEGISLATION 234.48

MERCHANT SHIPPING (FLAG STATE

REQUIREMENTS) REGULATIONS

17th June, 2011

LEGAL NOTICE 219 of 2011.

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

(Flag State Requirements) Regulations.

(2) These regulations adopt the measures contained in

Directive 2009/21/EC of the European Parliament and of the

Council of 23 April 2009 on compliance with flag State

requirements.

In these regulations, unless the context otherwise requires -

"the Act" means the Merchant Shipping Act;

"administration" means the Registrar General of Shipping and

Seamen appointed in terms of article 363 of the Act;

"audit" means an audit conducted in accordance with the

provisions of Resolution A.974(24) adopted by the IMO Assembly

on 1 December 2005;

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

article 3 of the Act;

"recognised organisation" means an organisation recognised in

accordance with the Merchant Shipping (Ship Inspection and

Survey Organisations) Regulations.

(1) Prior to allowing a ship to operate, which has been

granted the right to fly the Maltese flag, the administration shall

take the measures it deems appropriate to ensure that the ship in

question complies with the applicable international rules and

regulations. In particular, it shall verify the safety records of the

ship by all reasonable means and if necessary, it shall consult with

the losing flag State in order to establish whether any outstanding

deficiencies or safety issues identified by the latter remain

unresolved.

(2) Whenever another flag State requests information

concerning a ship which was previously flying the Maltese flag, the

administration shall promptly provide details of outstanding

deficiencies and any other relevant safety-related information to

the requesting flag State.

When the administration is informed that a Maltese ship

has been detained by a port State, it shall, according to the

procedures it has established to this effect, oversee the ship being

brought into compliance with the relevant IMO Conventions.

The administration shall ensure that at least the following

information concerning Maltese ships is kept and remains readily

MERCHANT SHIPPING (FLAG STATE REQUIREMENTS)

accessible for the purposes of these regulations

(a) particulars of the ship (name, IMO number, etc.);

(b) dates of surveys, including additional

and

supplementary surveys, if any, and audits;

(c) identification of the recognised organisations involved

in the certification and classification of the ship;

(d) identification of the competent authority which has

inspected the ship under port State control provisions

and the dates of the inspections;

(e) outcome of the port State control inspections;

(f)

information on marine casualties;

(g) identification of ships which have ceased to fly the

Maltese flag during the previous twelve months.

The administration shall take the necessary measures for an

audit to be undertaken at least once every seven years, subject to a

positive reply of the IMO to a timely request of the administration,

and shall publish the outcome of the audit in accordance with

relevant national legislation on confidentiality.