Bunkering (Amendment) Regulations, 2010

L.N. 507 of 2010

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Dangerous Cargo Ships, Marine Terminals and Facilities and

Bunkering (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 Dangerous

Cargo Ships, Marine Terminals and Facilities and Bunkering

(Amendment) Regulations, 2010 and they shall be read and

construed as one with the Dangerous Cargo Ships, Marine

Terminals and Facilities and Bunkering Regulations, 1996,

hereinafter referred to as “the principal regulations”.

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

November, 2010.

In regulation 2 of the principal regulations, for the Amends regulation

words “of Malta.” there shall be substituted the words “of Malta; 2 regulations.

and transpose the provisions of the European Council Directive

2002/59/EC of the European Parliament and of the Council of the

27th June, 2002, as subsequently amended by Directive 2009/17/

EC of the European Parliament and of the Council of the 23rd

April, 2009, concerning dangerous and polluting goods.”.

Regulation 3 of the principal regulations shall be

amended as follows

(a) immediately after the definition “entry permit”,

there shall be added the following new definition

“ “fishing vessel” means any vessel equipped

for the commercial exploitation of living aquatic

resources;”;

(b) immediately after the definition “IMO Code for

Existing Ships Carrying Liquefied Gases”, there shall be

added the following new definition

“ “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 Cargo and Oil

Fuel”, in its updated version;”; and

(c) immediately after the definition “residues” there

shall be added the following new definition

“ “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;”.

For sub-paragraph (iii) of the proviso to regulation 4 of

the principal regulations there shall be substituted the following

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

ships’ stores and equipment for use on board all ships.”.

For sub-regulations (2) and (3) of regulation 9 of the

principal regulations there shall be substituted the following

“(2) No dangerous or polluting goods shall be offered

for carriage or taken on board any vessel, irrespective of its

size, in a port of Malta unless a declaration has been delivered

to the master or owner containing 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

the MARPOL Convention, the safety data sheet detailing

the physico-chemical characteristics of the products,

including, where applicable, their viscosity expressed in

cSt at 50 o C and their density at 15 o C and the other data

contained in the safety data 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.

(3) Vessels coming from a port outside the Community

and calling in a port of Malta which have dangerous

or polluting goods on board shall be in possession of a

declaration, as provided for by the shipper, containing all the

information required by sub-regulation (2).

(4) It shall be the duty and responsibility of the shipper

to deliver to the master or operator such declaration required

by this regulation and to ensure that the shipment offered for

carriage is indeed the one stated in the declaration.”.

Regulation 97 of the principal regulations shall be

amended as follows

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

sub-regulation (5);

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

shall be added the following new sub-regulation

“(4) 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 12.”; and

(c) immediately after sub-regulation (5) as renumbered

thereof, there shall be added the following new sub-

regulation

“(6) 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 regulations 12(1)(a) and

22(2) shall be limited to voyages of a scheduled

duration of up to 12 hours; and

(c) exemptions shall only be granted to

individual vessels as regards a specific service.”.

Regulations 98 and 99 of the principal regulations shall

be renumbered into regulations 99 and 100 respectively thereof.

Immediately after regulation 97 of the principal

regulations there shall be added the following new regulation

98. The Authority shall, in accordance with all

“Confidentiality

of information.

the applicable national legislation currently in force,

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.”.

€0.37