MERCHANT SHIPPING (SHIP INSPECTION 
AND SURVEY ORGANISATIONS) g S.234.37 1
SUBSIDIARY LEGISLATION 234.37
MERCHANT SHIPPING (SHIP INSPECTION AND 
SURVEY ORGANISATIONS) REGULATIONS
1st May, 2004
LEGAL NOTICE 444 of 2003.
Citation, 
commencement 
and scope.
1. (1) The title of these regulations is the Merchant Shipping
(Ship Inspection and Survey Organisations) Regulations.
(2) These regulations shall come into force on the 1st May,
2004.
(3) These regulations prescribe the criteria in accordance with
which organisations or bodies of surveyors may be authorized for
the purposes of article 367(1) of the Act and implement the
provisions of Council Directive 94/57/EC of 22 November 1994 in
its up-to-date version, hereinafter referred to in these regulations as
Council Directive 94/57/EC.
Interpretation.
Cap. 234.
''authorise'' means authorise organisations to undertake fully or
in part inspections and surveys related to certificates including
those for the assessment of compliance with regulation 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
Government of Malta in accordance with the international
conventions;
''class certificate'' means a document issued by a classification
society certifying the structural and mechanical fitness of a ship for
a particular use or service in accordance with the rules and
regulations laid down and made public by that society;
''Council Directive'' or ''Council Regulation'' means a directive or
regulation of the Council of the European Union published in the
Official Journal of the European Union, as the case may be;
''cargo ship safety radio certificate'' means the certificate
provided for by Chapter V of SOLAS 1974/1978;
''international conventions'' means the International Convention
for the Safety of Life at Sea signed in London on 1st November,
1974 (SOLAS 1974c1978), the International Convention on Load
Lines signed in London on 5th April 1966 and the International
Convention for the Prevention of Pollution from Ships, signed in
London on 2nd November, 1973 as modified by the Protocol of
1978 relating thereto signed in London on 17th February, together
with the protocols and amendments thereto, and related codes of
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MERCHANT SHIPPING (SHIP INSPECTION 
AND SURVEY ORGANISATIONS)
mandatory status in all Member States of the European Union, in
their up-to-date version;
''Maltese ship'' shall have the same meaning as is assigned to it
by article 3 of the Act;
''organisation'' means a classification society or other private
body authorised for the purposes of article 367 of the Act;
''recognised organisation'' means an organisation or a body of
surveyors recognised by the European Union pursuant to article 4
of Council Directive 94/57/EC but does not include a recognised
organisation whose recognition has been withdrawn pursuant to
article 5 of the said Directive.
Authorisation of 
organisations or 
bodies of 
surveyors.
3. (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 certificates.
(2) Subject to subregulation (6) and 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) If the Minister wishes to grant an authorisation to any
organisation which is not yet recognised or to grant a limited
recognition of three years for oganisations which meet all the
criteria of the Annex Minimum Criteria for Organisations Referred
to in Article 5 to Council Directive 94/57/EC others than those set
out under paragraphs 2 and of section A of that Annex, he shall
direct the Registrar-General to submit a request to the European
Commission in the manner specified in paragraphs 1 or 2 of Article
4 of Council Directive 94/57/EC, as the case may be.
(4) If the European Commission replies positively to any
request submitted in terms of subregulation (3), the Minister may
authorise such an organisation under any conditions contained in
the reply of the European Commission and under any other
conditions that he may deem fit to impose.
(5) 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.
(6) The Minister may suspend or withdraw the authorisation of
a recognised organisation and for this purpose he shall first direct
the Registrar General to comply with the procedure provided for in
Article 10 of Council Directive 94/57/EC.
(7) This regulation does not concern the certification of
MERCHANT SHIPPING (SHIP INSPECTION 
AND SURVEY ORGANISATIONS) g S.234.37 3
specific items of marine equipment.
(8) 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.
Working 
relationship with 
recognised 
organisations.
4. (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 paragraphs (a) to (e) of
Article 6 of Council Directive 94/57/EC.
(2) The agreement referred to in subregulation (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.
(3) For the purposes of this regulation, ''administration'' means
the Government of Malta and includes the Malta Maritime
Authority and the Registrar-General.
Monitoring of 
recognised 
organisations.
5. (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 draw up a
report of the results of this monitoring and shall, through the
Minister, submit same to Member States of the European Union
and to the European Commission at the latest by the 31st March of
each year following the years for which compliance has been
assessed.
Compliance by 
Maltese ships with 
the requirements of 
recognised 
organisations.
6. Maltese ships to which the provisions of the international
conventions are applicable shall be constructed and maintained in
accordance with the hull, machinery and electrical and control
installation requirements of an authorised recognised organisation.
Duties of 
recognised 
organisation.
7. (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
regulation 7 are complied with.
(2) The Registrar-General may require that a recognised
organisations 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.
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Port State control 
reporting.
8. (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 fulfil 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.
