Towage (Tariff of Rates) Regulations, 2007

L.N. 208 of 2007

MALTA MARITIME AUTHORITY ACT

(CAP. 352)

Towage (Tariff of Rates) Regulations, 2007

IN exercise of the powers conferred by article 52 of the Malta

Maritime Authority Act, the Minister for Competitiveness and

Communications, in consultation with the Malta Maritime Authority,

has made the following regulations>-

These regulations may be cited as the Towage (Tariff of Rates) Citation

Regulations, 2007, and they shall come into force on 13 th August 2007.

(Regulation 2)

Rates per tug per hour or part thereof

Column 1

Column 2

Column 3

Normal Rates

Rates applicable between

(Vide Note 2)

1800 hours of one day

and 0600 hours of the

next following day and at

any time on Saturdays,

Sundays and Public

Holidays. (Vide Note 3)

Lm

Lm

For vessels up to 3,000 gross

tons (gt)

For vessels of gross tons (gt)

between

3,001 and

6,000

6,001 and 10,000

10,001 and 13,000

13,001 and 16,000

16,001 and 20,000

20,001 and 24,000

24,001 and 35,000

35,001 and 45,000

45,001 and 60,000

60,001 and 80,000

80,001 and 100,000

100,001 and 150,000

150,001 and 200,000

For vessels exceeding

200,000 gross tons (gt)

Notes>

(1) Subject to availability of the number of continuously manned tugs based at

Grand Harbour and Marsaxlokk respectively and subject to the prioritisation of shipping

movements in ports, towage services shall be delivered within one hour’s notification

of actual commencement of the operation.

(2) Normal rates in accordance with the charges computed under Column 2

shall apply on normal working days – Monday to Friday – between 0600 hours and

1800 hours, excluding public holidays>

Provided that when additional tugs are required over and above the tugs

continuously manned in Grand Harbour or Marsaxlokk respectively, the charges

computed at the rates under Column 3 or the charges computed at the rates under

Column 2 increased by Lm115 per tug, whichever is the greater, shall be applicable for

the additional tugs so required.

(3) For services between 1800 hours of one day and 0600 hours of the next

following day or at any time on a Saturday, Sunday or public holiday, there shall be

applicable either the charges computed at the rates under Column 3 or the charges

computed at the rates under Column 2 increased by Lm225 per tug, whichever is the

greater.

(4) Subject to the provisions of regulation 6, the minimum charge shall in no

case be less than the rate calculated for two hours.

(5) Subject to the provisions of regulation 2, the rates payable for the assistance

of vessels with 50% and over transhipment cargo calling at the Malta Freeport facilities

at Marsaxlokk and for vessels calling at Marsaxlokk in connection with oil blending

and storage operations for transhipment or re-export purposes only, shall be calculated

at a minimum rate of one hour or, if in excess of one hour, the actual time of operation

to the nearest quarter of an hour.

(6) The rates payable for the assistance of disabled vessels shall be increased by

fifty per centum, subject to a minimum of Lm450 per tug for vessels up to 3,000 gross

tons (gt) and Lm750 per tug for vessels exceeding 3,000 gross tons (gt), provided that

this additional charge shall not apply to non self-propelled barges and other vessels,

both under forty-five (45) metres in length.

“Disabled vessel” means any vessel which because of some circumstances

is unable to manoeuvre safely and under its own control and includes>

•

vessels arriving off Malta or leaving Malta on tow<

• vessels with engine breakdown (partial or otherwise), including loss of power

or engines, regardless of percentage loss and including cases where only one of a

number of engines are operational<

• vessels with rudder trouble (partial or otherwise), including rudder locked in a

particular position<

•

vessels with loss of steering abilities, regardless of limitations<

• vessels with generator failure<

• vessels with any other defect which affects the capability of the vessel when

manoeuvring, including loss of propeller<

• cold moves or dead ships<

• oil rigs and other craft#floating objects not of a normal design of a ship.

This applies to any tug assistance to such vessels#crafts entering, shifting or leaving

the Maltese Harbours, and within Malta’s territorial limits.

Provided that the definition of “disabled vessel” shall not apply to breakdowns or

defects of a temporary nature which occur during the performance of a normal towage

operation, when such breakdown or defect lasts for 30 minutes or less.

(7) Subject to the provisions of regulation 4, when a tug which is continuously

manned in Grand Harbour or Marsaxlokk is ordered for service at any time without

being given at least three hours notice, an extra charge of Lm75 per tug shall be made.

When an additional tug is ordered for service, over and above the tugs continuously

manned in Grand Harbour or Marsaxlokk respectively, at any time, without being

given at least four hours notice, an extra charge of Lm150 per tug shall be made.

(8) A fuel surcharge (BAF) shall be applied to cover fluctuations in the

international price of oil. The surcharge based on the price of gas oil shall be calculated

as a percentage on the normal rates charged for the service in accordance with Column

2 and shall be revised periodically to reflect fluctuations in oil prices, as published or

announced from time to time by the competent authority responsible for the publication

of the official fuel price notifications. The fuel surcharge will be charged over and

above the normal rates included in the invoiced price of each operation, and will not be

subject to any rebates.

(9) The rates applicable for a vessel (including any type of craft or floating

object) whose breadth moulded is in excess of 25% of its length overall, shall be

increased by one hundred per centum (100%).

(10) “Gross tonnage (gt)” is calculated in accordance with the International

Convention on Tonnage Measurements of Ships 1969 which became mandatory for

all vessels in July 1994< provided that when the official Gross Tonnage Certificate of

a vessel has not been issued and, or cannot be determined by a competent authority in

accordance with the provisions of the relative Convention, the rate per tug per hour

shall be determined by the length overall of the vessel on the basis of the gross tonnage

of such vessels of the same or similar length overall.

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

Lm0.24 (€0.56)

The charges for tug assistance to vessels entering, leaving or Tariff of rates.

shifting in ports, including Grand Harbour, Marsamxett Harbour or

Marsaxlokk Harbour, shall be at the rates specified in the Schedule to

these regulations.

(1) The time for which the rates are applicable in accordance Computation of

time.

with the Schedule hereto shall start running either from the time the tug

is ordered to commence work or from the time of leaving berth,

whichever is the earlier, and the time of completion shall be that when

the tug reaches berth.

(2) Subject to the provisions of sub-regulation (1) of this

regulation, the time spent by the tug proceeding from berth to vessel to

commence operations or from vessel following the end of operation to

berth shall be calculated on the basis of a set rate irrespective of the

actual time taken, if the service is provided within –

(a)

Grand Harbour, at 20 minutes<

(b) Marsamxett Harbour, at 30 minutes<

(c)

Marsaxlokk Harbour, at 20 minutes<

(d) Grand Harbour or Marsaxlokk Harbour, if the tug or

tugs are based at the other harbour, within 60 minutes<

(e)

other ports, actual time from berth to berth.

Ordering of tugs.

The ordering of tugs shall take place as follows>

(a) for movements that can be carried out by the tugs

continuously manned in Grand Harbour and at Marsaxlokk, the

order shall be placed at least three hours before the commencement

of the operations>

Provided that when additional tugs are required over and

above the tugs continuously manned in that Harbour, the order for

the additional tugs so required shall be placed at least four hours

before the commencement of the operation<

(b) if orders for tugs are not placed in accordance with the

provisions of paragraph (a) hereof, tug assistance shall be rendered

subject to the other provisions of these regulations and to note (1)

and note (7) of the Schedule hereto.

The Malta Maritime Authority may exempt from towage any

ship in any particular case.

(1) No charge shall be made in the case of tugs continuously

manned in that Harbour if an order for the service of a tug is cancelled

and notice of such cancellation is given at least one hour before the

time such service was due to commence.

Provided that in the case of additional tugs being used over

and above the tugs continuously manned in that Harbour, the notice of

such cancellation shall be of at least four hours.

(2) If the notice of cancellation is not given as provided in

sub-regulation (1) of this regulation, there shall be charged the minimum

rate of one hour as specified in Column 2 or Column 3 of the Schedule,

depending on the time and day when the service was due to

commence.

The Towage (Tariff of Rates) Regulations, 2004 are hereby

2004. repealed.