Quality of Fuels (Amendment) Regulations, 2010

L.N. 79 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

MERCHANT SHIPPING ACT

(CAP. 234)

Quality of Fuels (Amendment) Regulations, 2010

IN exercise of the powers conferred by sub-article (1) of

article 28 of the Malta Resources Authority Act, and in exercise

of the powers conferred by sub-article (3) of article 43 of the

Authority for Transport in Malta Act, and by sub-article (1)

of article 374 of the Merchant Shipping Act, the Minister for

Resources and Rural Affairs and the Minister for Infrastructure,

Transport and Communications, after consultation with the Malta

Resources Authority and the Authority for Transport in Malta, have

made the following regulations

(1) The title of these regulations is the Quality of

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

construed as one with the Quality of Fuels Regulations, 2008,

hereinafter referred to as “the principal regulations”.

(2) These regulations shall be deemed to have come

into force on the 1st January, 2010.

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

regulations, the words “and Directive 2003/17/EC.” shall be

substituted by the words “, Directive 2003/17/EC and Directive

2009/30/EC.”.

In regulation 2 of the principal regulations, for the

definition “marine fuel” there shall be substituted the following

“marine fuel” means any petroleum-derived liquid fuel

intended for use or in use on board a vessel, including those

fuels defined in ISO 8217. It includes any petroleum-derived

liquid fuel in use on board recreational craft, as defined in the

Recreational Craft Regulations, 2005 when such vessels are

at sea;”.

In sub-regulation (1) of regulation 8 of the principal

regulations, the words “,including marine gas oils,” shall be

Immediately after regulation 9 of the principal

regulations, there shall be added the following new regulation

(1) The use of marine fuels with sulphur

content exceeding 0.1% by mass by ships at berth in

ports in Malta is prohibited

used by ships

Provided that the crew shall be allowed sufficient

time to complete any necessary fuel changeover

operation as soon as possible after arrival at berth and

as late as possible before departure. The time of any

fuel changeover operation is to be recorded in ships’

logbooks

Provided further that this sub-regulation shall not

apply:–

(a) whenever, according to published

timetables, ships are due to be at berth for less than

two hours;

(b) to ships which switch off all engines and

use shore-side electricity while at berth in ports.

(2) The placing on the market of marine gas

oils with a sulphur content which exceeds 0.1% by mass

is prohibited.”.

6. For regulation 10 of the principal regulations there shall

be substituted the following

(1) The competent authority shall maintain

a register of local suppliers of marine fuel.

(2) The sulphur content of all marine fuels

sold by a supplier of marine fuel shall be

(a) documented on a bunker delivery note;

(b) accompanied by a sealed sample signed

by the representative of the receiving ship;

(c) comply with the specification stated on

the bunker delivery note,

in accordance with, and as required by the competent

authority.

(3) Any person who fails to comply with

sub-regulation (2) of this regulation shall be guilty of

an offence and shall be liable, on conviction, to a fine

(multa) of not less than ten thousand euro (10,000) but

not exceeding sixty-nine thousand eight hundred euro

(€69,800) or to imprisonment for a term not exceeding

eighteen months.”.

7. In sub-regulation (5) of regulation 11 of the principal

regulations, the words “and inland waterway vessels” shall be