Merchant Shipping Notice 162
Notice to Ship-owners, Ship Operators, Managers, Masters, Owners’ Representatives and Recognized Organizations
The Directorate reminds all concerned of the implementation of Directive 2014/90/EU on Marine Equipment (hereinafter referred to as the “MED”) as well as Merchant Shipping Notices 153 and 145 on compliance with the MED. It is recalled that the latter, inter alia, provides that recognised organisations shall inform this Directorate in cases where it is suspected that MED equipment placed on board a Maltese ship is not compliant with the applicable requirements.
It is brought to the attention of all concerned that market surveillance also includes activities carried out in the course of the Directorate’s recognised organisations auditing and oversight programme with respect to compliance with the MED of equipment placed on board.
Marine equipment is required to be evaluated after installation on board a Maltese ship, both by carrying out documentary checks related to the equipment, as well as through physical checks, particularly when carrying out operational performance tests required by the IMO Conventions for safety and pollution prevention equipment (SOLAS, COLREG and MARPOL). The checking of equipment shall be carried out by:
– Recognised Organisations when conducting statutory surveys on behalf of the Maltese Administration;
– Flag state inspectors when conducting flag State inspections on board Maltese ships;
– Owners, masters, charterers, and owners’ representatives reporting problems encountered with equipment placed on board Maltese ships.
All concerned shall notify this Directorate in all cases where equipment falling withing the scope of the MED, is suspected of not meeting the applicable standards or otherwise does not comply with the MED, especially in cases where the Wheelmark is missing or when the Declaration of Conformity or Notified Body details are not available, incomplete or otherwise not valid.
In such cases, all concerned are to report their findings to this Directorate by completing the MED Market Surveillance Reporting Form and submit it without delay to email@example.com. Upon receipt of such notification, this Directorate shall undertake any necessary investigations and follow up action as required, including request all appropriate corrective actions to be taken to bring the equipment into compliance with the MED requirements.
Failure to meet the relevant marine equipment obligations may result in the application of action foreseen in terms of the Merchant Shipping (Marine Equipment) Regulations (S.L. 234.40), including that when equipment on board a Maltese ship does not comply with the requirements of such regulations, the ship may be considered to be unseaworthy and liable to be detained, without prejudice to other measures foreseen the Merchant Shipping Act. The cooperation of all concerned is kindly being solicited.
Merchant Shipping Directorate
11 September 2020