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Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,564, 29 ta’ Jannar , 2021
Taqsima  B
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L.N. 26 of 2021
MERCHANT SHIPPING ACT
(CAP. 234)
Merchant Shipping (Training and Certification) 
(Amendment) Regulations, 2021
IN EXERCISE of the powers conf erred by articles 91 and 374 of
the Merchant Shipping Act, the Minister responsible for transpo rt,
infrastructure and capital projects, has made the following
regulations:-
Citation.
S.L. 234.17.1. The title of these regulations is the Merchant Shipping
(Training and Certification) (Amendment) Regulations, 2021, and
these regulations shall be read and construed as one with the M erchant
Shipping (Training and Certificat ion) Regulations, hereinafter referred
to as "the principal regulations".
Amends 
regulation 1 of 
the principal 
regulations.2. Sub-regulation (2) of regulation 1 of the principal
regulations shall be substituted by the following:
"(2) These regulations adopt the measures contained in the
International Convention on Standards of Training, Certificatio n
and Watchkeeping for Seafarers, as amended, and in Directive
2008/106/EC of the European Par liament and of the Council, on
the minimum level of training of seafarers, in its latest amend ed
version."
Amends 
regulation 2 of 
the principal 
regulations.3. Regulation 2 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof, shall be amended as
follows:
(i) immediately after the definition "assistant
engineer officer", there shall be added the following new
definition:
" "CEPT" means the European Conference of
Postal and Telecommunication Administrations;";
(ii) immediately after th e definition "documentary
evidence", there shall be added the following new
definition:
" "ECC" means the Electronic Communications
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Committee within CEPT;" 
(iii) immediately after the definition "fast rescue
boat", there shall be added the following two new
definitions:
" "GMDSS" means the Global Maritime
Distress and Safety System;
"GMDSS Certificate" means the GMDSS
General Operator’s Certificate (GOC) or the GMDSSRestricted Operator’s Certificate (ROC);";
(iv) immediately after the definition "GT", there
shall be added the following new definition:
" "IGF Code" means the International Code of
Safety for Ships using Gases or other Low-flashpoint
Fuels, as defined in SOLAS 74 Regulation II-1/2.29;";
(v) immediately after the definition "passenger
ship", there shall be added the following new definitions:
" "Polar Code" means the International Code
for Ships Operating in Polar Waters, as defined in
SOLAS 74 Regulation XIV/1.1;
"Polar waters" means Arctic waters and, or the
Antarctic area, as defined in SOLAS 74 RegulationsXIV/1.2 to XIV/1.4;";
(vi) in the definition "radio duties" the words
"Radiocommunications (Certificates of Operators)
Regulations the," shall be deleted;
 (vii) in the definition "radio operator", immediately
after the words "Registrar-General" there shall be added thewords", engaged on ships operating in the GMDSS asprescribed by the International Convention for the Safety of
Life at Sea (SOLAS), 1974, as amended;";
(viii) immediately after the definition "radio
operator", there shall be added the following newdefinition:
" "Registrar-General" shall have the same
meaning as is assigned to it in the Act;";
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(ix) immediately after the definition "survival
craft", there shall be adde d the following two new
definitions:
" "VHF Short Range Certificate (SRC)" is a
certificate related to Maritime Mobile and Maritime
Mobile Satellite Services according to RadioRegulations as well as other international and
national regulations;
"yacht"  means a vessel propelled by sail or
motor, mainly used for leisure activities in
recreational and, or commercial operations."; and
(b) in sub-regulation (2) thereof, immediately after the
word "Convention" there shall be added the words "and inDirective 2008/106/EC, in their latest amended versions.".
Amends 
regulation 3 of the principal 
regulations.4. Regulation 3 of the principal regulations, shall be amended
as follows:
(a) in regulation 3 thereof, immediately after the words
"Electro technical officer," there shall be added the words "Ra dio
operator."; and
(b) the last paragraph of regulation 3 thereof, shall be
deleted.
Amends 
regulation 4 of 
the principal 
regulations.5. Regulation 4 of the principal regulations shall be amended
as follows:
(a) in column 1 of the Table of Criteria for Appropriate
Certificates, immediately under the words "Officer in charge of  a
navigational watch on ships of 500 GT or more" there shall be
added the words "Officer in charge of a navigational watch on
yachts less than 3000GT"; and under the corresponding column2 there shall be added the words "Regulation II/1";
(b) in column 1 of the Table of Criteria for
Appropriate Certificates, immediately under the words"Master or chief mate on ships of between 500 GT and
3000 GT" there shall be added the words "Master on yachts
less than 500 GT"; and under the corresponding column 2there shall be added the words "Regulation II/2".; and
(c) in column 1 of the Table of Criteria for
Appropriate Certificates, immediately under the last itemthere shall be added the words "Radio operator"; and under
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the corresponding column 2 there shall be added the words
"Regulation IV/2". 
Amends 
regulation 5 of the principal 
regulations.6. In column 1 and 2 of the Table of Criteria for Appropriate
Certificates of regulation 5 of the principal regulations, imme diately
under the words "Other certificates " in column 1 and under the words
"Regulations Annexed to the STCW Convention " in column 2 there
shall be added the following new items:
"Proficiency in basic training for oil and chemical tanker
cargo operations – Regulation V/1-1.1;
Proficiency in advanced training for oil tanker cargo
operations – Regulation V/1-1.3;
Proficiency in advanced training for chemical tanker cargo
operations – Regulation V/1-1.5;
Proficiency in basic training for liquefied gas tanker cargo
operations – Regulation V/1-2.1;
Proficiency in advanced training for liquefied gas tanker
cargo operations – Regulation V/1-2.3;
Proficiency in basic training for service on ships subject to
the IGF Code – Regulation V/3.4;
Proficiency in advanced tra ining for service on ships
subject to the IGF Code – Regulation V/3.7;
Proficiency in basic traini ng for ships operating in Polar
Waters – Regulation V/4.1;
Proficiency in advanced training for ships operating in
Polar Waters – Regulation V/4.3".
Adds new 
regulation 7A to the principal 
regulations.7. Immediately after regulation 7 of the principal regulations
there shall be added the following new regulation 7A:
"7A.  (1)No person shall operate VHF (SRC) apparatus
unless such person is in possession of a VHF Short Range
Certificate issued or recognized under these regulations.
(2) The procedure and conditions for the issue of a VHF
Short Range Certificate provided for in these regulations shall  be
as set out in the Fourth Schedule.".
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Amends 
regulation 10 of 
the principal regulations.8. In regulation 10 of the principal regulations, immediately
after sub-regulation 10(7) thereof, there shall be added the following
new sub-regulation 10(8):
"10 (8) The Registrar General, following a breach of
these regulations, may temporarily or permanently withdraw orsuspend any certificate issued  under these regulations with
immediate effect.".
Substitutes 
regulation 15 of 
the principal 
regulations.9. Regulation 15 of the principal regulations shall be
substituted by the following:
"15. Any matter relating to certificates and endorsements
not provided for in these regulations shall be governed by the
provisions of the Convention, the STCW Code and Directive
2008/106/EC in their latest amended versions, as the case may
be.".
Amends the 
First Schedule 
annexed to the principal 
regulations.10. The First Schedule annexed to the principal regulations
shall be amended as follows:
(a) immediately after paragraph 1.12 thereof, there shall
be added the following new paragraph 1.13:
"1.13 For the issue of any GMDSS certifi cate or VHF
(SRC) a declaration to preserve the secrecy of
correspondence in the form contained in the Fifth Schedule
to these regulations shall be presented with theapplication."; and 
(b) immediately after paragraph 2.2.6 thereof, there shall
be added the following new paragraph 2A.2:
"Officer in charge of a navigational watch on yachts
of less than 3000 GT
2A.2 Every candidate shall:2A.2.1 be not less than 18 years of age;
2A.2.2 have approved seagoing service of not less
than twelve months on vessels not less than 15 metersin length or 80 GT as part of an approved training
programme which includes on board training that
meets the requirements of section A-II/1 of theSTCW Code; this training must be documented in an
approved record book, or otherwise have approved
seagoing service in any acceptable deck capacity on
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vessels not less than 15 meters in length or 80 GT for
a period of not less than thirty-six months sea service;
2A.2.3 have performed, during the required sea
going service, bridge watch-keeping duties under thesupervision of the master or a qualified officer for a
period of not less than six months;
2A.2.4 meet the applicable requirements of the
regulations in chapter IV , as appropriate, for
performing designated radio duties in accordance
with the Radio Regulations;
2A.2.5 have completed approved education and
training and meet the standard of competence
specified in the relevant section A-II/1 of the STCW
Code; and
2A.2.6 meet the standard of competence
specified in section A-VI/1 paragraph 2, section A-
VI/2 paragraphs 1 to 4, section A-VI/3 paragraphs 1to 4 and section A-VI/4 paragraphs 1 to 3 of the
STCW Code.";
(c) immediately after paragraph 2.5.3 thereof, there shall
be added the following new paragraph 2A.5:
"Master on yachts of less than 500 GT
2A.5 Every candidate shall:2A.5.1 meet the requirements of an officer in
charge of a navigational watch on yachts of less than
3000 GT;
2A.5.2 have approved sea going service of not
less than 12 months in that capacity; and   
 2A.5.3 have completed approved education and
training and meet the standard of competence
specified in section A-II/2 of the STCW Code for
masters and chief mates on ships of between 500and3000 GT.";
(d) Table 1 in paragraph 2.9 thereof, shall be substituted
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the following:
(e) Table 2 in paragraph 3.13 thereof, shall be substitutedAdditional 
Training 
RequirementsCertificate (STCW Regs)
II/1 II/2 II/3 II/4 II/5STCW 
Code Ref
Personal Survival 
Techniques⸱⸱⸱⸱⸱ A-VI/1-1
Fire Prevention & 
Fire Fighting⸱⸱⸱⸱⸱ A-VI/1-2
Elementary First 
Aid⸱⸱⸱⸱⸱ A-VI/1-3
Personal Safety 
& Social 
Responsibility⸱⸱⸱⸱⸱ A-VI/1-4
Proficiency in 
Survival Craft & 
Rescue Boats⸱⸱⸱ ⸱ A-VI/2
Advanced Fire 
Fighting⸱⸱⸱ A-VI/3
Medical First Aid ⸱⸱ A-VI/4-1
Medical Care ⸱⸱ A-VI/4-2
Radar & ARPA 
Simulator 
Training – 
Operational 
Level⸱⸱ A-II/1
Radar & ARPA 
Simulator 
Training – 
Management 
Level⸱⸱ A-II/2
Leadership and 
Teamwork⸱ A-II/1
Use of 
Leadership & 
Managerial Skills⸱⸱ A-II/2
ECDIS ⸱⸱⸱ A-II/1
Efficient Deck 
Hand⸱⸱
GMDSS (GOC) ⸱⸱ A-IV/2
GMDSS (ROC) ⸱ A-IV/2
Medical Fitness 
(including 
eyesight)⸱⸱⸱⸱⸱ A-I/9
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by the following:
(f) immediately after paragraph 3.13 thereof, there shall
be added the following new paragraph 3A:
"3A. Specific Requirements – Radio Operators
Radio Operator3A.1 Every candidate shall:
3A.1.1 be not less than 18 years of age;
3A.1.2 have completed approved education and
training and meet the standard of competence
specified in section A-IV/2 of the STCW Code."
(g) in paragraph 6.3 thereof, immediately after the words
"as the case may be." there shall be added the following:
"Examiners for the conduct of radio operator
examinations shall be appointed by the Registrar-
General from an approved list of persons having aAdditional 
Training 
RequirementsCertificate (STCW Regs)
III/1 III/2 III/3 III/4 III/5 III/6 III/7STCW 
Code 
Ref
Personal Survival 
Techniques⸱⸱⸱⸱⸱⸱⸱ A-VI/1-1
Fire Prevention & 
Fire Fighting⸱⸱⸱⸱⸱⸱⸱ A-VI/1-2
Elementary First 
Aid⸱⸱⸱⸱⸱⸱⸱ A-VI/1-3
Personal Safety & 
Social 
Responsibility⸱⸱⸱⸱⸱⸱⸱ A-VI/1-4
Proficiency in 
Survival Craft & 
Rescue Boats⸱⸱⸱ ⸱ A-VI/2
Advanced Fire 
Fighting⸱⸱⸱ ⸱ A-VI/3
Medical First Aid ⸱⸱⸱ ⸱ A-VI/4-1
Leadership & 
Teamwork⸱ ⸱ A-III/1
Use of Leadership 
& Managerial 
Skills⸱⸱ A-III/2
Medical Fitness ⸱⸱⸱⸱⸱⸱⸱ A-I/9
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good knowledge of ships and of maritime safety and
search and rescue matters, and holding a Maritime
Radio-communication General Certificate or anequivalent certificate, and either holding a GMDSS
General Operator’s Certificate or having, in the
opinion of the Registrar-General,   considerableexperience   in   maritime   radiocommunications,
including the GMDSS." 
Amends the 
Second Schedule 
annexed to the 
principal regulations.11. The Second Schedule annexed to the principal regulations
shall be amended as follows:
(a) in paragraph 13, the words "paragraphs 15" shall be
substituted by the words "paragraphs 14A";
(b) in paragraph 14, the words "paragraphs 15," shall be
substituted by the words "paragraphs 16,";
(c) immediately after paragraph 14, there shall be added
the following new paragraph 14A:
"14A. Personnel serving on board passenger ships
shall complete passenger ship emergency familiarisation
appropriate to their capacity, duties and responsibilities as
specified in section A-V/2 paragraph 1 of the STCW
Code."; and
(d) paragraphs 15, 16, 17 and 18 shall be substituted by
the following:
"15. Personnel providing direct service to
passengers in passenger spaces on board passenger
ships shall complete the safety training specified insection A-V/2 paragraph 2 of the STCW Code.
16. Masters, officers, ratings qualified in
accordance with chapters II, III and VII and other
personnel designated on the muster list to assist
passengers in emergency situations on boardpassenger ships, shall complete passenger ship crowd
management training as specified in section A-V/2,
paragraph 3 of the STCW Code.
17. Masters, chief engineer officers, chief mates,
second engineer officers and any person designated
on the muster list of having responsibility for thesafety of passengers in emergency situations on board
passenger ships shall complete approved training in
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crisis management and human behaviour as specified
in section A-V/2, paragraph 4 of the STCW Code.
18. Masters, chief engineer officers, chief mates,
second engineer officers and every person assigned
immediate responsibility for embarking and
disembarking passengers, for loading, discharging orsecuring cargo, or for closing hull openings on board
ro-ro passenger ships, shall complete approved
training in passenger safety, cargo safety and hull
integrity as specified in section A-V/2, paragraph 5 of
the STCW Code."; 
(e) immediately after paragraph 18 thereo f, there shall be
added the following new paragraphs 18A, 18B, 18C,18D, 18E,18F, 18G, 18H, 18I, 18J and 18K:
"Mandatory minimum requirements for the training
and qualifications of masters, officers, ratings and
other personnel on ships subject to the IGF Code.
18A. All seafarers serving on board ships subject to
the IGF Code shall, prior to being assigned shipboard
duties, receive appropriate ship and equipmentspecific familiarization as specified in Regulation I/
14, paragraph 1.5. of the Convention.
18B. Seafarers responsible for designated safety
duties associated with the care, use or in emergencyresponse to the fuel on board ships subject to the IGF
Code shall hold a certificate in basic training forservice on ships subject to the IGF Code.
18C. Every candidate for a certificate in basic
training for service on ships subject to the IGF Codeshall have completed basic training in accordance
with the provisions of section A-V/3, paragraph 1 of
the STCW Code.
18D. Masters, engineer officers and all personnel
with immediate responsibility for the care and use offuels and fuel systems on ships subject to the IGFCode shall hold a certificate in advanced training for
service on ships subject to the IGF Code.
18E. Every candidate for a certificate in advanced
training for service on ships subject to the IGF Code
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shall, while holding the Certificate of Proficiency
described in paragraph 18B, have:
18E.1completed approved advanced training for
service on ships subject to the IGF Code and meet thestandard of competence as specified in section A-V/
3, paragraph 2 of the STCW Code; and
18E.2completed at least one month of approved
seagoing service that includes a minimum of threebunkering operations on board ships subject to the
IGF Code. Two of the three bunkering operations
may be replaced by approved simulator training onbunkering operations as part of the training in
paragraph 18E.1 above.
18F. Seafarers holding Certificates of Proficiency in
accordance with paragraph 18B or 18D above shall,at intervals not exceeding five years, undertake
appropriate refresher training or be required toprovide evidence of havi ng achieved the required
standard of competence within the previous fiveyears. 
Mandatory minimum requirements for the training
and qualifications of masters and deck officers onships operating in polar waters.
18G. Masters, chief mates and officers in charge of a
navigational watch on ships operating in polar waters
shall hold a certificate in basic training for shipsoperating in polar waters, as required by the Polar
Code.   
18H. Every candidate for a certificate in basic
training for ships operating in polar waters shall have
completed an approved basic training for ships
operating in polar waters and meet the standard ofcompetence specified in section A-V/4, paragraph 1,
of the STCW Code.
18I. Masters and chief mates on ships operating in
polar waters, shall hold a certificate in advanced
training for ships operating in polar waters, as
required by the Polar Code.
18J. Every candidate for a certificate in advanced
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training for ships operating in polar waters shall:
18J.1 meet the requirements for certification in basic
training for ships in polar waters;
18J.2 have at least two months of approved seagoing
service in the deck department, at management level
or while performing watc h keeping duties at the
operational level, within polar waters or other
equivalent approved seagoing service; and
18J.3 have completed approved advanced training for
ships operating in polar waters and meet the standard
of competence specified in section A-V/4, paragraph2 of the STCW Code.
18K. Seafarers holding Certificates of Proficiency in
accordance with paragraph 18G or 18I above shall berequired, at intervals not exceeding five years, to
establish continued professional competence for ships
operating in polar waters in accordance with sectionA-1/11, paragraph 4 of the STCW Code.". 
Adds the Fourth 
and Fifth 
Schedules annexed to the 
principal 
regulations.12. Immediately after the Third Schedule annexed to the
principal regulations, there shall be added the following new F ourth
and Fifth Schedules:
"FOURTH SCHEDULE
Issue of VHF Short Range Certificate (SRC)
1. A person shall only qualify for a VHF (SRC) if such
person: 
(a) is at least sixteen years of age; and
(b) demonstrates in an approved manner knowledge and
understanding of and proficiency in the material specified in the
syllabus annexed to the latest version of CEPT/ECC
Recommendation 31-04 on the harmonised CEPT examinationprocedures for the short range certificate for non-SOLAS
vessels.
2. The provisions of the First Schedule relating to the
certification and examination shall apply mutatis mutandis to this
Schedule.
3. The Registrar-General may recognize a VHF (SRC) if
satisfied that the requirements for the issue of such certificate are
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equivalent to the provisions of paragraph 1 above and the syste m of
record keeping maintained by the issuing authority of the certi ficate is,
in the opinion of the Registrar-General, equally efficient to the system
of record keeping maintained in terms of the provisions of regu lation
10 (6).
FIFTH SCHEDULE
Declaration of secrecy of correspondence
(Paragraph 1.13 of the First Schedule)
I,_________________do solemnly and sincerely declare that I
will:
(a) only intercept or receive, however so described,
radiocommunications which are either intended for the general
use of the public or directed to the vessel on which the
radiocommunications apparatus operated by me is installed; and
(b) not divulge the contents, simple disclosure of the
existence or publication, however so described, withoutauthorization of received or intercepted communications by
means of the use of radiocomm unications apparatus referred to
in (a) above.
Date ________________
Signature of Declarant ________________________". 
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________________________________________________________________________________________________________________________
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