Damage) Regulations, 2009

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,376, 6 ta’ Frar, 2009

Taqsima B

L.N. 40 of 2009

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Liability for Bunker Oil Pollution

Damage) Regulations, 2009

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

375 of the Merchant Shipping Act, the Minister for Infrastructure,

Transport and Communications has made the following

regulations

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

(Liability for Bunker Oil Pollution Damage) Regulations, 2009.

(2) These regulations shall come into force on 12

February, 2009.

(1) In these regulations, unless the context otherwise

requires-

“the Act” means the Merchant Shipping Act;

“Bunkers Convention” means the International

Convention on Civil Liability for Bunker Oil Pollution

Damage signed in London on 23rd March, 2001, including any

amendment or Protocol related thereto as may from time to

time be ratified, acceded to or accepted by the Government of

Malta and other instruments, standards and specifications of a

mandatory nature related thereto adopted or developed by the

International Maritime Organization (IMO);

“the Minister” means the Minister responsible for

shipping and includes any public officer, or an officer of any

body corporate established by law, acting under his authority;

“Registrar-General” means the Registrar-General of

Shipping and Seamen appointed under article 363 of the Act

and includes any person acting under his authority;

“territorial waters of Malta” shall have the same meaning

as is assigned to the term in the Territorial Waters and

Contiguous Zone Act.

(2) Unless otherwise defined in the principal Act or

in these regulations, or unless the context so requires, words and

expressions used in these regulations shall have the same meaning

assigned to them in the Bunkers Convention.

(3) Any reference in these regulations to an international

convention or its related protocol or code shall include reference to

any amendment to such convention, protocol or code accepted by

the Government of Malta.

(1) Subject to the provisions of sub-regulations (2) to

(6) hereof the Bunkers Convention as may from time to time be

amended and as it is in force, shall, unless otherwise provided in

these regulations and notwithstanding the provisions of any other

law, form part of and be enforceable as part of the Law of Malta

and shall apply to all Maltese ships, wherever they may be and to

all other ships while they are in Maltese waters as determined by the

said Convention.

(2) Reference in the Bunkers Convention and in these

regulations to “the Court” shall be read and construed as reference

to the Civil Court, First Hall.

(3) Where pollution damage, resulting from an incident,

has been sustained in Malta, including the territorial waters of Malta

and any exclusive economic zone of Malta as may be established

in accordance with international law or similar area determined by

Malta in accordance with international law, including the waters

enclosed in Malta’s contiguous zone claim and the waters superjacent

to Malta’s continental shelf claim, or if preventive measures have

been taken to prevent or minimize such damage in that area, action

for compensation under the provisions of the Bunkers Convention

shall be brought in Malta before the Civil Court, First Hall, by

presenting a claim before such Court. Such a claim shall be instituted

in accordance with subtitle III of the Title VIII of Part I of Book

Second of the Code of Organization and Civil Procedure.

Provided that where any such exclusive economic zone

or any such similar area has been established by Malta, the Minister

shall by Order in the Gazette prescribe that the provisions of these

regulations shall also apply to such exclusive economic zone or such

similar area as may be established in such Order.

(4) No claim for compensation for damage under these

regulations may be made against

(a) the servants or agents of the owner or the members

of the crew;

(b) the pilot or any other person who, without being a

member of the crew, performs services to the ship;

(c) any person performing salvage operations with

the consent or on the instructions of the shipowner or on

the instructions of a competent person so authorized by the

Minister;

(d) any person taking measures to prevent or minimize

the effects of oil pollution;

(e) the servants or agents of persons mentioned in

paragraphs (c) and (d)

Provided that the damage did not result from their

personal act or omission, committed with the intent to cause

damage, or recklessly and with knowledge that such damage

would probably result.

(5) The appropriate authority for the purposes of issuing

the certificate attesting that insurance or other financial security is

in force, as referred to in Article 7(2) of the Bunkers Convention, in

respect of ships registered in Malta shall be the Registrar-General

who shall for the purposes of Article 7(7) of that Convention and

subject to the provisions of the same Convention and of these

regulations determine the conditions of issue and validity of such

certificate and, in respect of ships registered in a State not party

to the Bunkers Convention shall be the said Registrar-General who

shall have such powers as aforesaid, or the appropriate authority of

a State Party to the Convention, in accordance with the provisions

thereof

Provided that a certificate referred to in paragraph (5)

hereof in respect of a ship registered under the Malta flag, issued

before the entry into force of these regulations by another State

Party to the Bunkers Convention shall remain valid until such date

stated on the said certificate.

(6) The applicable limitation regime for the purposes of

the Bunkers Convention shall be that provided for in the Merchant

Shipping (Limitation of Liability for Maritime Claims) Regulations,

2003.

Subject to the provisions of sub-regulation 3(3), the Civil

Court, First Hall shall have jurisdiction to try and determine cases

and actions that, in accordance with these regulations, are to be

brought before it.

It shall be the duty of the registered owner of the ship

and of the master to ensure that the ship is in compliance with the

provisions of these regulations and such person, if in fault, shall be

liable to the penalties provided for in the Act, and if no such penalty

is provided, such person shall for each offence be liable to a fine

(multa) not exceeding 500 units.

(1) No Maltese ship to which Article 7 of the Bunkers

Convention applies shall proceed or attempt to proceed to sea unless

there is in force in respect of the ship the certificate referred to in

Article 7(2) to the Bunkers Convention.

(2) No foreign flagged ship to which Article 7 of the

Bunkers Convention applies shall proceed or attempt to proceed to

ports, installations or the territorial waters of Malta unless there is in

force in respect of the ship the certificate referred to in Article 7(2)

of the Bunkers Convention.

(3) The master of every ship to which sub-regulation

(2) hereof applies shall, at the time when clearance for the ship

is demanded, produce to the officer from whom such clearance

is demanded, the certificate referred to in the said subregulation,

and clearance shall not be granted, until the said certificate is so

produced.

(1) Judgments of foreign courts having jurisdiction under

Article 9 of the Bunkers Convention and adjudicating compensation

for bunker oil pollution damage are recognized and declared

enforceable in Malta, unless

(a) the judgment was fraudulently obtained;

(b) the defendant was not given reasonable notice and a

fair opportunity to present his case.

(2) Judgments on matters covered by the Bunkers

Convention shall, when given by a court of a Member State to which

Decision 2002/762/EC applies, other than a court of the Republic

of Denmark, be recognized and enforced in Malta according to the

relevant internal Community Rules.

€0.19