Regulations, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,494, 31 ta’ Ottubru, 2003

L.N. 332 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Prevention of Pollution from Ships)

Regulations, 2003

IN exercise of the powers conferred by articles 281, 308A and 374

of the Merchant Shipping Act, the Minister for Transport and

Communications has made the following regulations:-

(1) The title of these regulations is the Merchant Shipping Citation and

commencement.

(Prevention of Pollution from Ships) Regulations, 2003.

(2) These regulations shall come into force on such date as

the Minister may appoint.

(1) In these regulations, unless the context otherwise requires - Interpretation.

“the Act” means the Merchant Shipping Act;

“Annex I” means Annex I to the MARPOL Convention

including appendices thereto;

“Annex II” means Annex II to the MARPOL Convention

including appendices thereto;

“ Annex III” means Annex III to the MARPOL Convention

including the appendix thereto;

“appropriate inspector” shall have the same meaning as is

assigned to it in article 154 of the Act;

“Maltese waters” shall have the same meaning as is assigned

to it in the Territorial Waters and Contiguous Zone Act;

“MARPOL Convention” means the International Convention

for the Prevention of Pollution from Ships, signed in London on

2nd November, 1973 as modified by the Protocol of 1978 relating

thereto signed in London on 17th February, 1978;

“Protocol I” means Protocol I to the MARPOL Convention.

(2) Any reference in these regulations, but in particular in

subregulation 4(1) hereof, to a convention, protocol or annex shall

include reference to any amendment to such convention, protocol or

annex as from time to time may be ratified, acceded to or accepted by

the Government of Malta, and where the context allows, it shall include

also reference to any other instruments, standards and specifications of

a mandatory nature related thereto as may from time to time be adopted

or developed by the International Maritime Organisation or in terms of

regulation 4(2)(a) hereof.

(3) Unless otherwise defined in these regulations or unless

the context otherwise requires, words and expressions used in these

regulations shall have the same meaning assigned to them in the

MARPOL Convention or in Protocol I, or in Annex I or in Annex II, or

in Annex III, as the case may be.

(4) The terms “Administration” and “the competent

authority of the Government of a Party” as used in Annex I or in Annex

II shall, with reference to Malta, and where the context so requires, for

the purposes of these regulations, mean the Registrar-General.

(5) In Annex I or in Annex II, any reference to “nominated

surveyor”, “persons or organisations duly authorized by the

Administration” or “recognized organization” shall, for the purposes of

these regulations, with reference to Malta and where the context so

requires, be construed as reference to a surveyor of ships or an

organisation or body of surveyors appointed in terms of article 367 of

the Act, and duly authorized by the Registrar-General.

These regulations shall apply to all Maltese ships and,

notwithstanding the provisions of Article 3(1) of the MARPOL

Convention but subject to the provisions of Article 3(3) of the said

convention, to all other ships while they are in Maltese waters as

determined by Annex I or Annex II or Annex III, as the case may be.

(1) Protocol I and Annex I, except for regulations 10(7) and

12, and Annex II, except for regulation 7, and Annex III, as may from

time to time be in force, shall, unless otherwise provided in or in terms

of these regulations and notwithstanding the provision of any other law,

form part of and be enforceable as part of the Law of Malta and shall

apply to all Maltese ships and, notwithstanding the provisions of Article

3(1) of the MARPOL Convention but subject to the provisions of Article

3(3) of the said convention, to all other ships while they are in Maltese

waters as determined by the said Annexes, and the reference to “all

ships” in regulation 2(1) of Annex I, “all ships carrying noxious liquid

substances in bulk” in regulation 2(1) of Annex II and “all ships carrying

harmful substances in packaged form” in regulation 1(1) of Annex III

shall be construed accordingly.

(2) The Registrar-General may either on a case by case basis

or through the issue of Merchant Shipping Notices-

(a) determine, lay down, prescribe, set or specify what

may be required to be determined, laid down, prescribed, set

or specified by these regulations, by the MARPOL

Convention, by Protocol I, by Annex I, by Annex II or by

Annex III, or expound on the requirements of these regulations

or of such Convention, Protocol, or Annexes or clarify their

applicability or interpretation; and

(b) extend any of the provisions of the MARPOL

Convention, Protocol I, Annex I, Annex II and Annex III to

other classes of Maltese ships or, to other classes of ships

while they are in Maltese waters, and in so doing, and without

prejudice to the generality of the foregoing, the Registrar-

General shall be guided by the circulars, clarifications, codes,

decisions, directives, guidelines, instruments, interpretations,

manuals, notices, publications, recommendations, regulations,

resolutions, rules or any other similar medium of the

International Maritime Organisation or any other body or

organisation with an appropriate knowledge or competence

on the subject matter.

Save as provided for in these regulations, where any provisions Provisions of rules

of any rules and regulations made under the Act are inconsistent with and

inconsistent with

the provisions of the MARPOL Convention or Protocol I or Annex I or the MARPOL

Convention or

Annex II or Annex III, the provisions of that Convention, Protocol and Protocol I or Annex

Annexes shall, unless specifically provided for in such rules or I or Annex II or

Annex III

regulations, apply.

(1) It shall be the duty of the owner, of the company which Duty to ensure

compliance.

has assumed the operation of the ship and of the master to ensure that

the ship is in compliance with the provisions of these regulations and

the applicable requirements of the MARPOL Convention, Protocol I,

Annex I, Annex II and Annex III and such person shall, on conviction,

be liable to a fine (multa) as provided for in regulation 12 hereof for

each offence.

(2) It shall be the duty of any person –

(a) to whom a direction is given in pursuance of these

regulations, the MARPOL Convention, Protocol I, Annex I,

Annex II or Annex III, or

(b) upon whom an obligation is imposed by these

regulations, by the MARPOL Convention, Protocol I, Annex

I, Annex II or Annex III, to comply or ensure compliance

with the provisions of these regulations and the applicable

requirements of the MARPOL Convention, Protocol I, Annex

I, Annex II and Annex III and such person shall, on conviction,

be liable to a fine (multa) as provided for in regulation 12

hereof for each offence.

(1) The Registrar-General, or an appropriate inspector, may

inspect any ship to which these regulations apply and if satisfied that

the ship is not in compliance with the provisions of these regulations

and the applicable requirements of the MARPOL Convention or Protocol

I or Annex I or Annex II or Annex III, the Registrar-General shall take

such steps as are considered necessary to ensure that the ship shall not

sail until it can proceed to sea without presenting an unreasonable threat

of harm to the marine environment and any expenses incurred therefore

shall be a charge on the ship, so however that the ship shall not be

unduly detained or delayed

Provided that the Registrar-General may permit the ship to proceed

to sea for the purpose of proceeding to the nearest appropriate repair

yard available

Provided further that, in the case of a non-Maltese ship, such

inspection shall be limited to verifying that there is on board in relation

to such ship a valid International Oil Pollution Prevention Certificate in

the form prescribed by Annex I and an International Pollution Prevention

Certificate for the Carriage of Noxious Liquid Substances in Bulk in

the form prescribed by Annex II and the documentation prescribed by

Annex III, as the case may be, unless there are clear grounds for believing

that the condition of the ship or its equipment or its cargo does not

correspond substantially with the particulars of that certificate or

documentation.

(2) In the case of a non-Maltese ship, if the Registrar-

General takes such steps as specified in subregulation (1) hereof, the

Registrar-General shall forthwith notify the maritime Administration

and the nearest maritime, consular or diplomatic representative of the

flag State of the ship.

(3) Upon receiving evidence that a ship to which these

regulations apply has discharged oil or an oily mixture or noxious liquid

substances or unassessed liquid substances carried in bulk or a mixture

containing such substances or has jettisoned any harmful substances in

violation of the provisions of these regulations and of the MARPOL

Convention or Annex I or Annex II or Annex III, the Registrar-General

shall investigate the matter and may inspect the ship or cause the ship

to be inspected by an appropriate inspector or by any other person duly

authorised by the Registrar-General, and shall inform the State which

has reported the alleged violation as well as the International Maritime

Organization of the action taken

Provided that, if the investigation establishes a violation of

these regulations or of the MARPOL Convention or Annex I or Annex

II or Annex III, the owner or the company which has assumed the

operation of the ship and the master or any other officer or member of

the crew of the ship shall, on conviction, be liable to a fine (multa) as

provided for in regulation 12 hereof

Provided further that, in the case of a non-Maltese ship, if the

investigation indicates a violation of these regulations or of the

MARPOL Convention or Annex I or Annex II or Annex III, the Registrar-

General shall provide the flag State of the ship with the report of such

investigation and with evidence, if any, of such violation.

(4) For the purposes of this regulation, the provisions of

article 154(2) and (3) of the Act shall apply mutatis mutandis to the

Registrar-General and to appropriate inspectors.

Fraud, misuse of

If any person-

certificates, etc.

(a) intentionally alters a certificate issued or any marking,

labeling or documentation carried for the purposes of the MARPOL

Convention or Annex I or Annex II or Annex III;

(b) falsely makes a certificate or any marking, labeling or

documentation referred to in the MARPOL Convention or Annex

I or Annex II or Annex III;

(c) in connection with any survey required by the MARPOL

Convention or Annex I or Annex II or Annex III knowingly or

recklessly furnishes false information;

(d) with intent to deceive, use, lend, or allow to be used by

another, a certificate or any marking, labeling or documentation

referred to in the MARPOL Convention or Annex I or Annex II or

Annex III;

(e) fails to surrender a certificate or documentation to be

surrendered for the purposes of the MARPOL Convention or Annex

I or Annex II or Annex III, such person shall, on conviction, be

liable to a fine (multa) as provided for in regulation 12 hereof for

each offence.

(1) No Maltese oil tanker of 150 gross tonnage and above

and any other ship of 400 gross tonnage and above shall proceed or

attempt to proceed to sea on an international voyage unless there is in

force in respect of the ship an International Oil Pollution Prevention

Certificate.

(2) No Maltese ship carrying in bulk noxious liquid

substances or unassessed liquid substances shall proceed to sea or attempt

to proceed to sea on an international voyage unless there is in force in

respect of the ship the relevant certificate referred to in regulations 11

and 12A of Annex II as appropriate.

(3) No oil tanker of 150 gross tonnage and above and any

other ship of 400 gross tonnage and above shall proceed to sea or attempt

to proceed to sea on an international voyage from Maltese waters unless

there is in force in respect of the ship an International Oil Pollution

Prevention Certificate.

(4) No ship carrying in bulk noxious liquid substances or

unassessed liquid substances shall proceed to sea or attempt to proceed

to sea on an international voyage from Maltese waters unless there is in

force in respect of the ship the relevant certificate referred to in

regulations 11 and 12A of Annex II as appropriate.

(5) No Maltese ship wherever it is, or no other ship while it

is in Maltese waters, shall carry harmful substances except in accordance

with the provisions of Annex III.

(6) If a ship proceeds to sea or attempts to proceed to sea

on an international voyage, in contravention of subregulations (1) to

(5) hereof, the master of the ship shall be liable to a fine (multa) as

provided for in regulation 12 hereof.

(7) The master of every ship to which the provisions of

subregulations (3) and (4) hereof apply, shall produce to the officer

from whom a clearance for the ship is demanded, at the time a clearance

for the ship is demanded for a voyage from Malta to a port or place

outside Maltese waters, the certificates and documentation referred to

in the said subregulations to be in force when the ship proceeds to sea

on an international voyage, and a clearance shall not be granted, and

the ship may be detained, until the said certificate or certificates are so

produced.

(8) Where an exemption certificate issued for the purposes

of the MARPOL Convention or Annex I or Annex II in respect of a ship

specifies any conditions on which the certificate is issued and any of

those conditions is not complied with, such person shall, on conviction,

be liable to a fine (multa) as provided for in regulation 12 hereof.

In the event of an incident referred to in Protocol I, in the Duty to report

case of a Maltese ship, the same report required by that Protocol to be pollution

incidents.

made to the coastal State shall also be made to the Registrar-General.

If a casualty occurs to –

Casualties to ships.

(a)

a Maltese ship wherever it may be; or

(b) to any ship and such casualty has occurred on the coasts

of Malta, including any port installation or ship repair facility, or

at sea within Maltese waters, and such casualty produces a major

deleterious effect upon the marine environment, a shipping casualty

shall be deemed to have occurred for the purposes of article 312 of

the Act, and the provisions of articles 313 to 317 (both inclusive)

of the Act shall apply mutatis mutandis.

If the owner, the company which has assumed the operation Penalties.

of the ship, the master of the ship or any other person contravenes the

provisions of these regulations, such person shall, on conviction, be

liable to a fine (multa) as specified hereunder –

(a) where there is a contravention of subregulation 6(1)

hereof, a fine (multa) not exceeding five hundred units;

(b) where there is a contravention of subregulation 6(2)

hereof, a fine (multa) not exceeding five hundred units;

(c) where there is a contravention of subregulation 7(3)

hereof, a fine (multa) not exceeding ten thousand units;

(d) where there is a contravention of regulation 8 hereof, a

fine (multa) not exceeding five hundred units;

(e) where there is a contravention of subregulation 9(6)

hereof, a fine (multa) not exceeding five hundred units;

(f) where there is a contravention of subregulation 9(8)

hereof, a fine (multa) not exceeding five hundred units;

(g) where there is a contravention of regulation 10 hereof,

a fine (multa) not exceeding five hundred units.

The Merchant Shipping (Prevention of Pollution from Ships)

2003. Regulations, 2003 are hereby revoked.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press