L.N. 345 of 2019
MERCHANT SHIPPING ACT 
(CAP. 234)
Merchant Shipping 
(Safe Operation  of Ro-Ro Passenger Ships and 
High-Speed Passenger Craft in Re gular Service) Regulations, 201 9
IN EXERCISE of the powers conferred by articles 154 and 374 of
the Merchant Shipping Act, the Mi nister for Transport, Infrastr ucture
and Capital Projects has made  the following regulations:
Citation, scope 
and commencement.1. (1) The title of these re gulations is the Merchant
Shipping (Safe Operation of Ro-Ro Passenger Ships and High-Spee d
Passenger Craft in Regular S ervice) Regulations, 2019.
(2) These regulations partially transpose the measures
contained in Directive (EU) 2017/2110 of the European Parliamen t
and of the Council of 15 November 2017 on a system of inspections
for the safe operation of ro-ro passenger ships and high-speed
passenger craft in regular service and amending Directive 2009/ 16/EC
and repealing Council Di rective 1999/35/EC.
(3) These regulations shall come into force on 21 December
2019.
Definitions. 2. In these regulations, unless the context otherwise requires:
Cap. 234. "the Act" means the Merchant Shipping Act;
"company" means the organisation or person who has
agreed to take over all the duties and res ponsibilities imposed  by
the International Management Code for Safe Operation of Ships
and for Pollution Prevention (t he ISM Code) in its up-to- date
version or, in cases where Chapter IX of SOLAS 74 does not
apply, the owner of the ro-ro passenger ship or the high-speed
passenger craft or any other organisation or person such as themanager, or the bareboat char t e r e r ,  w h o  h a s  a s s u m e d  t h e
responsibility for operation of t he ro-ro passenger ship or the
high-speed passenger craft from its owner;
"Directive (EU) 2017/2110" means Directive (EU) 2017/
2110 of the European Parliament and of the Council of 15November 2017 on a system of inspections for the safe operationof ro-ro passenger ships and high-speed passenger craft in
regular service and amending Directive 2009/16/EC andB 2565
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20, 318, 20 ta’ Diċembru, 2019
Taqsima B 
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repealing Council Directive 1999/35/EC, in its up-to-date
version, hereinafter referred to as Directive (EU) 2017/2110;
"competent authority" means the Registrar-General of
Shipping and Seamen appointed in terms of article 363 of the
Act and includes any person acting under his authority;
"HSSC" means the International Maritime Organisation
Survey Guidelines under the Harmonized System of Survey andCertification, in its up-to-date version;
"inspector" means an appropriate inspector in terms of
Article 154 of the Act;
"SOLAS 74" means the 1974 International Convention for
the Safety of Life at Sea, including Protocols and amendmentsthereto, in its up-to-date version;
"third country" means a State other than a member State of
the European Union or of the  European Economic Area.
(2) Unless otherwise defined in the Act or in these regulations ,
or unless the context otherwise requires, words and expressions  used
in these regulations shall have the same meaning assigned to th em in
Directive (EU) 2017/2110. 
Application. 3. These regulations shall apply to ro-ro passenger ships and
high-speed passenger craft regist ered in terms of Article 3 of the Act,
and operating on a regular service between a port in Malta and a port
in a third country:
Provided that these regulati ons shall not apply to ro-ro
passenger ships and high-speed passenger craft falling within the
scope of Directive 2009/16/EC  on port State control. 
Pre-
commencement 
inspections.4. (1) Before a ro-ro passenger ship or high-speed
passenger craft starts to opera te on a regular service covered by these
regulations, the competent aut hority shall carry out a pre-
commencement inspection, consisting of: 
(a) verification of the compliance with the requirements
laid down in Annex I of Dir ective (EU) 2017/2110; and 
(b) an inspection, in accordance with Annex II of
Directive (EU) 2017/2110, to satisfy themselves that the ro-ro
passenger ship or high-speed craft fulfils the necessary
requirements for safe opera tion of a regular service.
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(2) When requested by the competent authority, companies
shall provide evidence of complia nce with the requirements of A nnex I
of (EU) Directive 2017/2110 in adva nce of but not earlier than one
month before the pre-commencement inspection.
Exceptions to 
pre-
commencement 
inspections.5. (1) In the case of pre-commencement inspections, the
competent authority may decide not to apply certain requirement s or
procedures in Annexes I and II of Directive (EU) 2017/2110 rele vant
to any annual flag State survey or inspection carried out withi n the
previous six months, provided that relevant procedures and guid elines
for surveys specified in HSSC or procedures designed to achieve  the
same goal have been followed.
(2) When a ro-ro passenger ship or high-speed passenger craft
is to be engaged on a regular service, the competent authority may take
into account inspections and surveys previously carried out in respect
of that ro-ro passenger ship or high-speed passenger craft for operation
on another regular service covere d by these regulations. Provid ed that
the competent authority is satisfied with those previous inspections
and surveys and that they are relevant to the new operational
conditions, the inspections provi ded for in regulation 4(1) do not need
to be applied before the ro-ro  passenger ship or high-speed pas senger
craft starts operating on the new regular service.
(3) Where, due to unforeseen circumstances, there is an urgent
need for the rapid introduction of a replacement ro-ro passenge r ship
or high-speed passenger craft to ensure continuity of service, and sub-
regulation (2) is not a pplicable, the compet ent authority may a llow the
ro-ro passenger ship or craft t o start operating provided that:
(a) a visual inspection and document check raises no
concerns that the ro-ro passenger ship or high-speed passenger
craft does not fulfil the ne cessary requirements for safe
operation; and
(b) the pre-commencement inspection provided for in
regulation 4(1) is completed within one month.
Regular 
inspections.6. (1) Once in every twelve month period, a ro-ro passenger
ship or high-speed passenger cr aft covered by these regulations  shall
be subject to:
(a) an inspection in accordance with Annex II of
Directive (EU) 2017/2110, provided that a pre-commencement
inspection in accordance with re gulation 4 shall be considered as
such inspection; and 
(b) an inspection during a re gular service, taking place
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not before four months but not l ater than eight months after th e
inspection referred to in paragraph (a) of this sub-regulation and
covering the items listed in Annex III of Directive (EU) 2017/
2110 and what, in the professional judgment of the inspector,
constitutes a sufficient number of the items listed in Annexes I
and II of Directive 2017/2110 to ensure that the ro-ro passenge r
ship or high-speed passenger craft continues to fulfill all thenecessary requirements for safe operation.
(2) The inspection referred to in sub-regulation (1)(a) may, be
carried out at the same time as, or in conjunction with, the an nual flag
State survey provided that the r elevant procedures and guidelin es for
surveys as specified in HSSC or procedures designed to achieve the
same goal are followed.
(3) Each time the ro-ro passenger ship or  high-speed passenger
craft undergoes repairs, alterations and modifications of a majorcharacter, or when there is a change of management, or a transf er of
class, an inspection shall be carried out in accordance with Annex II of
Directive (EU) 2017/2110: 
Provided that the competent a uthority may exempt the ro-
ro passenger ship or high-speed craft from such inspection in t he case
of a change of management, or tra nsfer of class, after taking a ccount of
inspections previously carried out in respect of the ro-ro pass enger
ship or high speed passenger craft, and provided further that t he safe
operation of the ro-ro passenger ship or craft is not affected by such
change or transfer. 
Inspection 
report.7. On completion of any inspection carried out in accordance
with these regulations, the inspector shall draw up a report in
accordance with Annex IX to Directive 2009/16/EC on port State
control, and a copy of the inspe ction report shall be provided to the
ship’s master.
Prohibition of 
departure.8. (1) The company shall ensure that any deficiencies
confirmed or revealed by an inspe ction carried out in accordanc e with
these regulations are rectified. 
(2) Where the deficiencies are  clearly hazardous to health or
safety or pose an immediate danger to health or life, the ro-ro
passenger ship or high-speed pa ssenger craft, its crew and pass engers,
the competent authority shall issue an order prohibiting the de parture
of the ro-ro passenger ship or high-speed passenger craft (hereinafterreferred to as "a prohibition of d eparture order"). The master shall be
provided with a copy of that order. 
(3) The prohibition of departure  order shall not be lifted unti l
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the deficiency has been rectified and the hazard has been remov ed to
the satisfaction of the competent  authority or until the compet ent
authority has established that t he ship or craft  can, subject t o any
necessary conditions, proceed to sea or resume operation withou t risk
to the safety and health of passengers or crew, or risk to the ro-ro
passenger ship or high-speed passenger craft or other ships. 
(4) If a deficiency referred to in sub-regulation (2) cannot be
readily rectified in the port in which the deficiency has been confirmed
or revealed, the competent authority may agree to allow the shi p or
craft to proceed to an appropriate repair yard where the deficiency canbe readily rectified. 
(5) In exceptional circumstance s, where the overall condition
of a ro-ro passenger ship or high-speed passenger craft is obvi ously
substandard, the competent authority may suspend the inspection  o f
that ship or craft until the company takes the steps necessary to ensure
that the ro-ro passenger ship o r high-speed passenger craft is no longer
clearly hazardous to safety or health or no longer poses an immediatedanger to the life of its crew and passengers or to ensure that  i t
complies with the relevant requirements of applicable internationalconventions. 
(6) Where the competent authority suspends the inspection in
accordance with sub-regulation (5 ), the ro-ro passenger ship or  high-
speed passenger craft shall be a utomatically placed under a pro hibition
of departure order. The prohibition of departure order shall be  lifted
where the inspection has been resumed and successfully complete d
and where the conditions set out  in sub-regulation (3) and in r egulation
10(2) have been complied with. 
Right of appeal. 9. (1) The company shall have a right of appeal against a
prohibition of departure order i ssued by the competent authorit y. An
appeal shall not cause the prohibition of departure order to be
suspended.
(2) The competent authority shall inform the master of the ro-
ro passenger ship or high-speed passenger craft subject to a pr ohibition
of departure order of the right of appeal and the applicable pr ocedures. 
Cap. 12.(3) An appeal against a prohibition of departure order may be
made before the Courts of Justi ce, in accordance with the provisions of
the Code of Organization and Civil Procedure. 
Costs. 10. (1) Where the inspections ref erred to in regulations 4 and
6 confirm or reveal deficiencies warranting a prohibition of de parture
order, all costs relating to the inspections shall be covered b y the
company. 
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(2) The prohibition of departure  order shall not be lifted unti l
full payment is made or a sufficient guarantee is given for
reimbursement of the costs. 
Offences and 
penalties.11. (1) It shall be the duty of the company to ensure that the
ro-ro passenger ship or high-spee d passenger craft is in compli ance
with the provisions of these regulations and such person, if in  fault,
shall be liable to the penalties provided for in the Act, and i f no such
penalty is provided, such person shall for each offence be liable to a
fine (multa) not exceeding five thousand units.
(2) If a ro-ro passenger ship o r high-speed passenger craft
proceeds or attempts to proceed to sea or on any voyage or excu rsion
in contravention of these regulat ions, the company shall, without
prejudice to any other penalty or  remedy under the Act, be liab le to a
fine (multa) not exceeding five thousand units.
Repeal.
S.L. 234.35.12. The Merchant Shipping (Safe Operation of Regular Ro-Ro
Ferry and High-Speed Passenger Craft Services) Regulations are
hereby repealed.
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
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