Technical Circular No: 035/2021
Download PDF1. The Maritime Administration of Malaysia has issued Merchant Shipping Notice 04/2021 informing shipping community about the extension of ship’s statutory certificates for the year 2021 in view of the COVID-19 pandemic situation.
2. Vide above MS Notice, Administration has authorized Recognized Organisations (ROs) to issue the necessary extension to a ship’s statutory certificates for a period not exceeding three (3) months. These extensions may be issued without prior approval from the Marine Department of Malaysia (MARDEPT) EXCEPT for circumstances as specified in paragraph ‘11’ below.
3. In any special case (s) where the ship’s survey still cannot be carried out within the period of first three (3) months after extension has been granted as stated above, ship managers or ship owners may submit an application to extend the validity of statutory certificate(s) for a further period which shall not exceed three (3) months or until 31 December 2021 whichever comes first from the last date of extension granted subject to the approval by the Administration.
4. The application is to be submitted to Maritime Industrial Control Division, MARDEPT Regional Office not later than fourteen (14) days prior to the expiry date of the said certificate.
a. Ship Owners or Managers to provide documented evidence (s) showing all possible attempt have been made to carry out the due survey at the earliest opportunity available.
b. The anniversary date of the survey will remain the same as the date stated in the original statutory certificate even though extension is granted.
c. RO is to ensure that these documents are satisfactory before the extension is made.
5. Extension of Dry-Docking survey:
For any ship unable to carry out inspections of the outside of the ships bottom and/or special survey as specified in SOLAS Chapter I, Regulation 10, Recognized Organizations are authorized to extend the required inspection for a period not exceeding three (3) months without prior approval from the Administration, subject to the following conditions;
a. The Ship Owner or Manager is to provide documented evidence(s) showing best efforts have been made to secure dry-docking space.
b. A statement from the Ship Owner or Manager stating that no accident has occurred since the last dry docking that may have affected the structural integrity and the seaworthiness of the ship
c. Provide a dry dock preparation/plan.
RO is to ensure that these documents are satisfactory before the extension is made.
6. International Safety Management (ISM) Code
a. ISM Internal Safety Audit:
Ship Owner or Ship Manager may postpone the annual interval for internal safety audit on board and ashore for a period not exceeding three (3) months as provided under element 12.1 of the ISM Code
However, Ship Owner or Ship Manager may carry out remote audit in lieu of a physical audit on condition that the Ship Owner or Ship Manager develops a procedure for remote audits which at least meet with the requirements of element 12 of the ISM Code.
b. SMC Initial Audit:
Recognized Organization (RO) is authorised to issue a consecutive extension to the Interim Safety Management Certificate (SMC) in accordance with element 14.3 of the ISM Code.
Validity of the Interim SMC issued by RO not to exceed twelve (12) months from the date of issuance of the first Interim SMC.
c. SMC Intermediate Audit:
RO is authorised to issue an extension for a period not exceeding three (3) months provided that the requisition for an intermediate audit is made by the Ship Owner or Ship Manager to the RO before the end of the third anniversary date.
d. SMC Renewal Audit:
RO is authorised to issue an extension for a period not exceeding three (3) months in accordance with element 13.14 of the ISM Code.
In any special case (s) where the audit still cannot be carried out within the period of first three (3) months of extension been granted as stated above, ship managers or ship owners may submit an application to extend the validity of statutory certificate(s) for a further period which shall not exceed three (3) months or until 31 December 2021 whichever comes first from the last date of extension granted subject to the approval by the Administration.
e. Annual and Renewal DOC Audit:
The Administration may consider an extension of the Document of Compliance (DOC) on case-by-case basis in case a Ship Owner or the Ship Manager is unable to complete the required annual endorsement and issuance of the DOC.
Ship Managers may apply to ism@marine.gov.my for further consideration.
7. International Ship and Port Facility Security (ISPS) Code:
a. ISSC Initial Verification:
Recognized Security Organization (RSO) is authorised to issue a consecutive extension to the Interim International Ship Security Certificate (ISSC) in accordance with ISPS Code A-19.4.5.
Validity of the Interim certificate issued by RSO not to exceed twelve (12) months from the date of issuance of the first Interim ISSC.
b. ISSC Intermediate Verification:
RSO is authorised to issue an extension for a period not exceeding three (3) months provided that the requisition for an intermediate audit is made by the Company Security Officer to the RSO before the end of the third anniversary date.
c. ISSC Renewal Verification:
RSO is authorised to extend the validity of the ISSC for a period not exceeding three (3) months in accordance with ISPS Code A-19.3.5.
All authorisation mentioned above may be issued by RSO without prior approval from the Administration.
In any special case (s) where the audit still cannot be carried out within the period of first three (3) months of extension been granted as stated above, ship managers or ship owners may submit an application to extend the validity of statutory certificate(s) for a further period which shall not exceed three (3) months or until 31 December 2021 whichever comes first from the last date of extension granted subject to the approval by the Administration.
8. Maritime Labour Convention (MLC), 2006:
RO is authorised to issue an extension for a period not exceeding three (3) months in accordance with MLC - Standard A5.1.3.3 and Standard A5.1.3.6 (interim certificate) without prior approval from the Administration
In any special case (s) where the audit still cannot be carried out within the period of first three (3) months of extension been granted as stated above, ship managers or ship owners may submit an application to extend the validity of statutory certificate(s) for a further period which shall not exceed three (3) months or until 31 December 2021 whichever comes first from the last date of extension granted subject to the approval by the Administration.
9. Administration approves the extension for a period not exceeding three (3) months from the date of expiry of a certificate or report issued by approved service providers conducting services on behalf of the Administration or RO including, but not limited to service providers recertifying life-saving equipment, firefighting equipment, radio equipment or navigation equipment.
The related certificates or reports are not required to be replaced by new certificates on which the extended date of expiry is stated.
Extension referred to above does is not require prior approval from the Administration.
In any special case (s) where the audit still cannot be carried out within the period of first three (3) months of extension been granted as stated above, ship managers or ship owners may submit an application to extend the validity of statutory certificate(s) for a further period which shall not exceed three (3) months or until 31 December 2021 whichever comes first from the last date of extension granted subject to the approval by the Administration.
10. RO is required to maintain a record of ships receiving extensions related to the surveys or certificates and ensure the Administration is kept informed at all times of the ongoing status of the ship.
11. For Passenger Certificate, High Speed Craft Safety Certificate or Passenger Ship Safety Certificate, the application for an extension of Certificate in relation to renewal survey and bottom hull inspection is to be submitted to Maritime Industrial Control Division, MARDEPT Regional Office not later than fourteen (14) days prior to the expiry date of said certificate.
12. Irrespective of the extension issued, Master is responsible to ensure that the ship is in a seaworthy condition and does not pose an unreasonable risk to human, property, cargo and the environment.
13. Ship owners/ operators and masters of Malaysian flagged ships are advised to be guided by above.
14. This Technical Circular supersedes and revokes earlier Technical Circular No. 068/2020, dated 01st May 2020.
Enclosure:
Disclaimer:
This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person. While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.