Vessel Traffic Monitoring and Reporting Requirements

L.N. 506 of 2010

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Vessel Traffic Monitoring and Reporting Requirements

(Amendment) Regulations, 2010

IN exercise of the powers conferred by article 43(1) and

(3) of the Authority for Transport in Malta Act, the Minister for

Infrastructure, Transport and Communications, in consultation

with the Authority for Transport in Malta, has made the following

regulations:-

(1) The title of these regulations is the Vessel

Traffic Monitoring and Reporting Requirements (Amendment)

Regulations, 2010 and they shall be read and construed as one

with the Vessel Traffic Monitoring and Reporting Requirements

Regulations, 2004, hereinafter referred to as “the principal

regulations”.

(2) These regulations shall come into force on the 30th

of November, 2010.

In sub-regulation (1) of regulation 2 of the principal

regulations, for the word “establishing” there shall be substituted

the words “, as subsequently amended by Directive 2009/17/EC

of the European Parliament and of the Council of the 23rd April,

2009, establishing”.

Sub-regulation (2) of regulation 3 of the principal

regulations shall be amended as follows

(a) for the words “These regulations shall not apply

to:” there shall be substituted the words “Unless otherwise

provided, these regulations shall not apply to:”; and

(b) for paragraph (d) thereof, there shall be substituted

the following

“(d) bunkers on ships below 1,000 gross tonnage

and ship’s stores and equipment for use on board all

ships.”.

Sub-regulation (1) of regulation 4 of the principal

regulation shall be amended as follows

(a) immediately after the definition “dangerous goods”,

there shall be added the following new definitions

“ “fishing vessel” means any vessel equipped for

the commercial exploitation of living aquatic resources;

“IMO guidelines on the fair treatment of seafarers

in the event of a maritime accident” means the

guidelines as annexed to resolution LEG. 3(91) of the

International Maritime Organisation Legal Committee

of 27th April, 2006 and as approved by the Governing

Body of the International Labour Organisation (ILO) in

its 296th session of the 12th to the 16th June, 2006, in

their updated versions;”;

(b) in the definition “IMO Resolution A.851(20)”,

immediately after the words “or marine pollutants”, there

shall be added the words “, in its updated version”;

(c) in the Maltese text, the definition “IMO Resolution

A.851(2)” shall be deleted;

(d) immediately after the definition “IMO Resolution

A.851(20)”, there shall be added the following new

definitions

“ “IMO Resolution A.917(22)” means the

International Maritime Organisation Resolution 917(22)

entitled “Guidelines for the onboard use of AIS”, as

amended by the International Maritime Organisation

Resolution 956(23), in its updated version;

“IMO Resolution A.949(23)” means the

International Maritime Organisation Resolution 949(23)

entitled “Guidelines on places of refuge for ships in need

of assistance”, in its updated version;

“IMO Resolution A.950(23)” means the

International Maritime Organisation Resolution 950(23)

entitled “Maritime assistance services (MAS)”, in its

updated version;

“IMO Resolution MSC.286(86)” means the

International Maritime Organisation Resolution 286(86)

entitled “Recommendations for Material Safety Data

Sheets (MSDS) for MARPOL Annex 1 Oil Cargo and

Oil Fuel”, in its updated version;”;

(e) immediately after the definition “law”, there shall

be added the following new definition

“ “LRIT” means a system for the long-range

identification and tracking of ships in accordance with

the provisions of regulation V/19-1 of the International

Convention for the Safety of Life at Sea (SOLAS) 1974,

as amended;”;

(f) immediately after the definition “related interests”,

there shall be added the following new definitions

“ “SafeSeaNet” means the Community maritime

information exchange system developed by the

Commission in cooperation with the Member States to

ensure the implementation of Community legislation;

“scheduled service” means a series of ship

crossings operated so as to serve traffic between the

same two or more ports, either according to a published

timetable or with crossings so regular or frequent that

they constitute a recognisable systematic series;”; and

(g) immediately after the definition “ship”, there shall

be added the following new definition

“ “ship in need of assistance” means, without

prejudice to the provisions of the International

Convention on Maritime Search and Rescue (SAR),

1979 in its up-to-date version, concerning the rescue of

persons, a ship in a situation that could give rise to its

loss or to an environmental or navigational hazard;”.

Immediately after sub-regulation (2) of regulation 5 of

the principal regulations, there shall be added the following new

sub-regulation

“(3) The competent authority responsible for the

accommodation of ships in need of assistance is the Authority

for Transport in Malta.”.

Immediately after regulation 6 of the principal

regulations, there shall be added the following new regulation

(1) The Authority may exempt scheduled

services performed between ports in Malta from the

requirements laid down in regulation 6 if the following

conditions are met

(a) the person or company operating the

scheduled services referred to in this regulation

keeps and updates a list of ships concerned and

sends it to the Authority; and

(b) for each voyage performed, the

information listed in regulation 6(3) is kept

available for the Authority upon request. The

person or company shall establish the internal

system to ensure that the said information can be

sent to the Authority, twenty-four hours a day and

without delay, in such format and by such means

as may be required by the Authority.

(2) The Authority may exempt scheduled

services performed between a port in Malta and a port

in another Member State or other coastal state from the

requirements laid down in regulation 6 if the Authority

agrees with the competent authority of the other state

that such exemption is required and the conditions of

sub-regulation (1) hereof are met.

(3) Any deviations from the estimated time

of arrival at a port of destination or pilot station in Malta

of three hours or more must be notified to the Authority

in accordance with the requirements laid down in

regulation 6.

(4) The Authority reserves the right that if

a person or company, which is operating a scheduled

service and is exempted under sub-regulations (1) and

(2) hereof, fails to meet any one of the established

conditions, the Authority shall immediately withdraw the

privilege of the exemption from the person or company

concerned.

(5)

For the purposes of this regulation

(a) the service shall not be regarded as

a scheduled service unless it is intended to be

operated for a minimum of one month;

(b) exemptions to regulation 6 shall be

limited to voyages of a scheduled duration of up to

twelve hours; and

(c) exemptions shall only be granted to

individual ships as regards a specific service.”.

Regulation 9 of the principal regulations shall be

amended as follows

(a) in paragraph (a) thereof, immediately after the

words “International Maritime Organisation (IMO)”, there

shall be added the words “, including, but not limited to, IMO

Resolution A.917(22)”;

(b) paragraphs (c) and (d) thereof shall be renumbered

as paragraphs (d) and (e) respectively;

(c) immediately after paragraph (b) thereof, there shall

be added the following new paragraph

“(c) Without prejudice to paragraph (a), any

fishing vessel calling at a port in Malta having an

overall length of more than 15 metres and which either

flies the flag of a Member State and is registered in the

Community, or operates in the internal or territorial

waters of Malta, or lands its catch in any port of Malta,

shall be fitted with an AIS (Class A) which meets the

performance standards drawn up by the International

Maritime Organisation (IMO), including, but not limited

to, IMO Resolution A.917(22)

Provided that fishing vessels shall comply with the

provisions of this regulation according to the following

timetable

(i) fishing vessels having an overall length

of and exceeding 24 metres but less than 45 metres,

by not later than 31st May, 2012;

(ii) fishing vessels having an overall length

of and exceeding 18 metres but less than 24 metres,

by not later than 31st May, 2013;

(iii) fishing vessels having an overall length

exceeding 15 metres but less than 18 metres, by not

later than 31st May, 2014; and

(iv) new built fishing vessels having an

overall length exceeding 15 metres, from 30th

November, 2010

Provided further that fishing vessels equipped

with AIS shall maintain it in operation at all times.

AIS may only be switched off in exceptional

circumstances where the master considers this to

be necessary in the interest of safety or security of

his vessel.”; and

(d) immediately after paragraph (e) thereof as

renumbered, there shall be added the following new

paragraph

“(f) Any ship calling at a port in Malta to which

regulation V/19-1 of the International Convention for the

Safety of Life at Sea (SOLAS) 1974, as amended, and

the performance standards and functional requirements

adopted by the International Maritime Organisation

(IMO) apply, shall carry LRIT equipment complying

with that regulation.”.

Immediately after paragraph (c) of sub-regulation (1) of Amends regulation

regulation 10 of the principal regulations, there shall be added the 10

following new paragraphs

“(d) ships which have failed to notify, or do not have,

insurance certificates or financial guarantees pursuant to any

legislation of Malta, Community legislation and international

rules;

(e) ships which have been reported by pilots or a port

authority of a Member State as having apparent anomalies

which may prejudice their safe navigation or create a risk for

the environment.”.

Regulation 11 of the principal regulations shall be Amends regulation

amended as follows

(a) in the Maltese text of paragraph (i) of sub-

regulation (3) thereof, for the words “Risoluzzjoni ta’ l-IMO

A.851(20)” there shall be substituted the words “Riżoluzzjoni

A.851(20) tal-IMO”;

(b) sub-regulation (4) thereof shall be renumbered as

sub-regulation (7); and

(c) immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulations

“(4) The coastal station responsible for the

area in which the accident, incident or polluting event

occurred, as the case may be, shall take all the necessary

measures to notify the Authority and to broadcast within

the relevant areas such accident, incident or polluting

event notified to it under sub-regulation (1), and the

information regarding any ship that poses a threat to

the maritime safety, the safety of individuals or the

environment.

(5) The Authority and the coastal station shall

make adequate arrangements to provide the information

notified to them according to regulations 6(6) and 11(1)

at any time upon request for safety reasons by the

competent authority of another Member State.

(6) The Authority or the coastal station shall,

when they have been informed pursuant to these

regulations or in some other way of facts which involve

or increase the risk for another Member State of a hazard

being posed to certain shipping areas and coastal zones,

take all the appropriate measures to inform any interested

Member State thereof as soon as possible and consult

it regarding the action being envisaged. Furthermore,

the Authority and the coastal station shall cooperate with

such Member State with a view to pooling arrangements

for joint action.”.

Regulation 13 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, immediately after the

words “or accident at sea.” there shall be added the words “To

this end, they shall communicate to the Authority and, or the

coastal station, on request, the following information

(a) the correct technical names of the dangerous

or polluting goods, the United Nations (UN) numbers

where they exist, the IMO hazard classes in accordance

with the IMDG, IBC and IGC Codes and, where

appropriate, the class of the ship needed for INF cargoes

as defined in Regulation VII/14.2, the quantities of such

goods and, if they are being carried in cargo transport

units other than tanks, the identification number thereof;

(b) for the substances referred to in Annex 1 to

MARPOL, the safety data sheet detailing the physico-

chemical characteristics of the products, including,

where applicable, their viscosity expressed in cSt at

50oC and their density at 15oC and the other data

contained in the safety date sheet in accordance with

IMO Resolution MSC.286(86);

(c) the address from which detailed information

on the cargo may be obtained; and

(d) the emergency numbers of the shipper or any

other person or body in possession of information on the

physico-chemical characteristics of the products and on

the action to be taken in an emergency.”; and

(b) immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation

“(4) In accordance with all the applicable laws

and regulations, the Authority shall take into account

the relevant provisions of the IMO guidelines on the fair

treatment of seafarers in the event of a maritime accident

in the waters under the jurisdiction of Malta.”.

Regulation 14 and 15 of the principal regulations shall

be renumbered as regulations 20 and 21 thereof respectively.

Immediately after regulation 13 of the principal

regulations, there shall be added the following new regulations

Where, following an accident, an incident

ships in need or polluting event according to regulation 11, or the

of assistance accommodation of ships in need of assistance has

arisen, the Authority deems, within the framework of

or in the event

international law, that it is necessary to avert, lessen or

remove a serious and imminent threat to the Maltese

the protection

coastline or related interests, or to the safety of other

environment. ships and their crews and passengers or to persons

on shore, or to protect the marine environment, the

Authority may, inter alia, take any one of the following

non-exhaustive measures

(a) restrict the movement of the ship or

direct it to follow a specific course

Provided that this requirement does not affect

the master’s responsibility for the safe handling of

his ship;

(b) give official notice to the master of the

ship to put an end to the threat to the environment

or maritime safety;

(c) send an evaluation team aboard the ship

to assess the degree of risk, help the master to

remedy the situation and keep the coastal station

informed thereof; and

(d) instruct the master to enter in a place of

refuge in the event of imminent peril, or cause the

ship to be piloted or towed.

(1) The Authority shall draw up plans

for the accommodation of ships in order to respond to

threats presented by ships in need of assistance in the

waters under the jurisdiction of Malta, including, where

applicable, threats to human life and the environment.

(2) The plans referred to in sub-regulation

(1) shall be prepared after consultation with the

stakeholders and parties concerned, on the basis of IMO

Resolutions A.949(23) and A.950(23), and shall contain

at least the following

(a) the identity and contact addresses of the

authorities or entities responsible for receiving and

handling alerts;

(b) the identity and contact address of the

competent authority for assessing the situation

and taking a decision on acceptance or refusal of

a ship in need of assistance in the place of refuge

selected;

(c) information on the coastline of Malta

and all elements facilitating a prior assessment and

rapid decision regarding the place of refuge for

a ship, including a description of environmental,

economic and social factors and natural conditions;

(d) the assessment procedures for

acceptance or refusal of a ship in need of assistance

in a place of refuge;

(e) the resources and installations suitable

for assistance, rescue and combating pollution;

(f) procedures for international coordination

and decision-making; and

(g) the financial guarantee and liability

procedures in place for ships accommodated in a

place of refuge.

(3) The Authority shall communicate on

request the relevant information concerning plans

for accommodating ships in need of assistance to

neighbouring Member States of Malta.

(4) The Authority shall ensure that in

implementing the procedures provided for in the plans

for accommodating ships in need of assistance, the

relevant information is available to the parties involved

in the operations.

(1) The Authority shall decide on the

Decision on the

tion of ships acceptance of a ship in a place of refuge following the

prior assessment of the situation carried out on the basis

of the plans referred to in regulation 15.

(2) The Authority shall ensure that ships

are admitted to a place of refuge if it considers such

an accommodation the best course of action for

the purposes of the protection of human life or the

environment.

(1) The absence of an insurance certificate

within

the meaning of Article 6 of Directive 2009/20/

compensation.

EC of the European Parliament and of the Council

of 23rd April, 2009 on insurance of shipowners for

maritime claims shall not exonerate the Authority from

the preliminary assessment and decision referred to

in regulation 16; and shall not in itself be considered

a sufficient reason for the Authority to refuse to

accommodate a ship in a place of refuge.

(2) Without prejudice to sub-regulation (1)

hereof, when accommodating a ship in a place of refuge,

the Authority may request the ship’s operator, agent

or master to present an insurance certificate within the

meaning of Article 6 of Directive 2009/20/EC. The act

of requesting such certificate shall not lead to a delay in

accommodating the ship.

(1) The Authority shall establish a maritime

information management system to process the

information referred to in these regulations and in the

Directive, as amended.

( 2 ) T h e A u t h o r i t y s h a l l e n s u r e t h e

compatibility, connectivity and interoperability of such

maritime information management system with the

SafeSeaNet system adopted by the Commission.

(3) Furthermore the Authority shall

cooperate with other competent authorities of other

Member States to ensure the interconnection and

interoperability of their respective systems and to

develop and update SafeSeaNet.

(4)

The maritime information management

system shall

(a) ensure that the data exchange is

electronic and enable messages notified in

accordance with regulation 6(6) to be received and

processed;

(b) allow information to be transmitted 24

hours a day; and

(c) upon request, through SafeSeaNet,

and if needed for the purpose of maritime safety

or security or the protection of the maritime

environment, is able to send information on the

ship and the dangerous or polluting goods on board

to the national and local competent authorities of

another Member State without delay.

The Authority shall, in accordance with all the

Confidentiality

of Information.

applicable national legislation in force from time to time,

take all necessary measures to ensure the confidentiality

of the information sent to the Authority pursuant to these

regulations, and the Authority shall use such information

in compliance with these regulations.”.

€1.12