The Maltese Merchant Shipping Directorate has issued a Notice for ship operators, owners and managers that will enter into force on the 1st February 2016. The Directorate issued the Notice after recently revising a set of guidelines about the determination of seaworthiness according to the Merchant Shipping Act.
Under Maltese law, a wide range of marine vessels can be registered under the Maltese flag, however a vessel will only be admitted to the register if it satisfies a number of requirements, one of which is its seaworthiness. Seaworthiness is the vessel’s condition and suitability of transporting cargo on any voyage conducted under terms of a contract.
In general, vessels that are over 25 years of age would not be admitted for registration under the Malta flag, however the Directorate will consider registration applications for ships that meet one of the following requirements:
- A ship categorised into a particular class in a classification society,
- A receipt containing suitable data regarding the conduct of ISM managers is submitted,
- A receipt indicating the most recent class survey status report is submitted – or alternatively - comprehensive details about the legitimacy of the current statutory certificates are submitted, including details about unsettled recommendations,
- A receipt confirming the ship’s readiness to be issued with all the necessary statutory certificates, without recommendations.
Less stringent rules are applicable to ships that have reached the age of 15 years and over and those of 10 years and over, but less than 15 years. In these cases, a flag-state approved inspector will thoroughly assess the vessel prior to its registration. For ships older than 10 years but still younger than 15 years, the assessment can occur within a month from the registration date.
Before conducting assessment on the concerned ships, pre-registration fees need to be paid to the Directorate, while additional expenses such as travel costs should also be factored in. The Directorate is responsible for the final decision relating to registration and this decision is considered to be discretionary in nature.
