Transport Malta reiterated the need of compliance with the Directive 2014/90/EU on Marine Equipment (MED). The Directive, inter alia, provides that recognised organisations shall inform the Directorate in cases where it is suspected that MED equipment placed onboard a Maltese ship is not compliant with the applicable requirements.
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 onboard.
Marine equipment is required to be evaluated after installation onboard 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 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 protected].
Upon receipt of such notification, the Directorate shall undertake any necessary investigations and follow up action as required, including request all appropriate corrective actions to be taken.
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.