L.N. 344 of 2019
MERCHANT SHIPPING ACT 
(CAP. 234)
Merchant Shipping (Port State Contr
ol) (Amendment) 
Regulations, 2019
IN EXERCISE of the powers conferred by articles 154 and 374
of the Merchant Shipping Act, the Minister for Transport,
Infrastructure and Capital Projects has made the following regu lations:
Citation, scope 
and 
commencement. S.L. 234.381. (1) The title of these regulations is the Merchant
Shipping (Port State Control) ( Amendment) Regulations, 2019, an d
these regulations shall be rea d and construed as one with the M erchant
Shipping (Port State Control) Regulations, hereinafter referred  t o  a s
the "principal regulations".
(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 c ome into force on 21 December
2019.
Amends 
regulation 3 of the principal 
regulations.2. In regulation 3 of the princip al regulations, immediately
after sub-regulation (5), there s hall be added the following new sub-
regulation:
"(6) These regulations shall also apply to inspections of
ro-ro passenger ships and high-sp eed passenger craft carried ou t
outside a port or away from a n anchorage during a regular
service in accordance with regulation 9A.".
Amends regulation 8 of 
the principal regulations.3. In regulation 8 of the principal regulations, the words "The
competent authority shall ensure that ships which are selected for
inspection in accordance with regulation 4(1) and (2) are subje ct to an
initial inspection or a more deta iled inspection as follows:" s hall be
substituted by the following:
"The competent authority shall ensure that ships which are
selected for inspection in accor dance with regulations 4(1) and
(2) or regulation 9A are subject to an initial inspection or a moreB 2561
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20, 318, 20 ta’ Diċembru, 2019
Taqsima B 
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detailed inspection as follows:".
Adds regulation 
9A to the 
principal 
regulations.4. Immediately after regulation 9 of the principal regulations,
there shall be added the following new regulation:
"Ro-ro
passenger 
ships and high-
speed passenger 
craft.9A. (1) Ro-ro passenger ships and
high-speed passenger craft operating on a
regular service are eligible for inspections in
accordance with the time-frame and other
requirements set out in Annex XVII of theDirective. 
(2) The competent authority shall,
when planning inspections of a ro-ro passenger
ship or high-speed passenger craft, take due
account of the operational and maintenanceschedule of the ro-ro p assenger ship or high-
speed passenger craft. 
(3) When a ro-ro passenger ship or
high-speed passenger craft has been subject toan inspection in accordance with Annex XVIIof the Directive, such inspection shall be
recorded in the inspection database, and shall
be taken into account for the purposes ofregulations 4, 6 and 7.
(4) Regulations 5(1), 7(a) and
regulation 9 shall not apply to ro-ro passenger
ships and high-speed passenger craft on a
regular service inspected under this regulation.
(5) The competent authority shall
ensure that the ro-ro passenger ships or high-speed passenger craft that are subject to an
additional inspection in accordance with
regulation 7(b) are selected for inspection in
accordance with Annex I, Part II 3A(c) and
3B(c) of the Directive. Inspections carried out
under this sub-regulation shall not affect the
inspection interval provided for in paragraph 2
of Annex XVII of the Directive. 
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Amends 
regulation 10 of 
the principal regulations.5. Sub-regulation (3) of regulat ion 10, including its provisos
thereof, of the principal regulations shall be deleted. 
Amends 
regulation 11 of 
the principal regulations.6. Sub-regulation (1) of regulation 11 shall be substituted by
the following:
"(1) The competent authority shall refuse access to any
port or anchorage in Malta to a ship which:
(a) flies the flag of a State whose detention rate
falls into the black list, adopted in accordance with the
Paris MOU on the basis of information recorded in the
inspection database and published annually by theCommission, and has been detained more than twice in the
course of the preceding 36 months in a port or anchorage of
a Member State or of a State signatory of the Paris MOU,except in the situations described in regulation 16(8); or
(b) flies the flag of a State whose detention rate
falls into the grey list, adopted in accordance with the ParisMOU on the basis of information recorded in the inspection
database and published annually by the Commission, and
has been detained more than twice in the course of the
preceding 24 months in a port or anchorage of a Member
State or of a State signa tory of the Paris MOU: 
Provided that the refusal o f access shall be applicable
as soon as the ship leaves the port or anchorage where it has
been the subject of a third detention and where a refusal ofaccess order has been issued.".
Amends 
regulation 15 of 
the principal regulations.7. Sub-regulation (4) of regulation 15 of the principal(6) The competent authority may agree
to be accompanied, during an inspection of a
ro-ro passenger ship or high-speed passenger
craft, by an inspector of another Member State
acting as an observer. Where the flag of thevessel is that of a Member State, the competent
authority shall, upo n request, invite a
representative of the flag State to accompany
the inspection as an observer.".
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regulations shall be substituted by the f ollowing: 
Cap. 12."(4) An appeal against a decision for
detention or refusal of access may be made before
the Courts of Justice, in accordance with the
provisions of the Code of Organization and Civil
Procedure.".
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