Merchant Shipping (Prevention of Pollution from Ships)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,748, 10 ta’ Mejju, 2011

L.N. 183 of 2011

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Prevention of Pollution from Ships)

(Amendment) Regulations, 2011

IN exercise of the powers conferred by articles 308A and

374 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 Citation and

(Prevention of Pollution from Ships) (Amendment) Regulations, Commencement.

2011 and shall be read and construed as one with the Merchant

Shipping (Prevention of Pollution from Ships) Regulations, 2003, L.N. 332 of 2003.

hereinafter referred to as the “principal regulations”.

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

June, 2011 .

Regulation 2 of the principal regulations shall be

amended as follows

(a) in subregulation (1) thereof, immediately after

the definition “Annex III” there shall be added the new

definition

“ “Annex VI” means Annex VI to the MARPOL

Convention including appendices thereto;”;

(b) in subregulation (3) thereof, immediately after the

words “or in Annex III” there shall be added the words “or in

Annex VI”;

(c) in subregulation (4) thereof, immediately after the

words “in Annex II” there shall be added the words “or in

Annex VI”; and

(d) in subregulation (5) thereof, immediatley after the

words “in Annex II” there shall be added the words “or in

Annex VI”.

In regulation 3 of the principal regulations after the words

“or Annex III” there shall be added the words “or Annex VI”.

Regulation 4 of the principal regulations shall be

amended as follows

(a) in subregulation (1) thereof, immediately after the

words “and Annex III, as may from time to time be in force,”

there shall be added the words “and Annex VI, except for

regulation 17,” and after the words “and the reference to “all

ships” in regulation 2(1) of Annex I there shall be added the

words “and in regulation 1 of Annex VI”; and

(b) for subregulation (2) there shall be substituted the

following

“(2) The Registrar-General may either on a case

by case

basis or through the issue of Merchant

Shipping Notices-

(a) determine, lay down, prescribe, set or

specify what may be required to be determined,

laid down, prescribed, set or specified by these

regulations, by the MARPOL Convention, by

Protocol I, by Annex I, by Annex II , by Annex III

or by Annex VI, or expound on the requirements

of these regulations or of such Convention,

Protocol, or Annexes or clarify their applicability

or interpretation; and

(b) extend any of the provisions of the

MARPOL Convention, Protocol I, Annex I, Annex

II, Annex III and Annex VI to other classes of

Maltese ships or, to other classes of ships while

they are in Maltese waters, and in so doing,

and without prejudice to the generality of the

foregoing, the Registrar-General shall be guided

by the circulars, clarifications, codes, decisions,

directives, guidelines, instruments, interpretations,

manuals, notices, publications, recommendations,

regulations, resolutions, rules or any other similar

medium of the International Maritime Organisation

or any other body or organization with an

appropriate knowledge or competence on the

subject matter.” .

In regulation 5 of the principal regulations after the words

“or Annex III” there shall be added the words “or Annex VI”.

For regulation 6 of the principal regulations there shall be

substituted the following

6. (1) It shall be the duty of the owner, of the

company which has assumed the operation of the ship

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

with the provisions of these regulations and the

applicable requirements of the MARPOL Convention,

Protocol I, Annex I, Annex II, Annex III and Annex VI

and such person shall, on conviction, be liable to a fine

(multa) as provided for in regulation 12 hereof for each

offence.

(2) It shall be the duty of any person -

(a) to whom a direction is given in

pursuance of these regulations, the MARPOL

Convention, Protocol I, Annex I, Annex II, Annex

III or Annex VI, or

(b) upon whom an obligation is imposed by

these regulations, by the MARPOL Convention,

Protocol I, Annex I, Annex II, Annex III or Annex

VI, to comply or ensure compliance with the

provisions of these regulations and the applicable

requirements of the MARPOL Convention,

Protocol I, Annex I, Annex II, Annex III and Annex

VI and such person shall, on conviction, be liable

to a fine (multa) as provided for in regulation 12

hereof for each offence.”.

Regulation 7 of the principal regulations shall be

amended as follows

(a)

subregulation (1) thereof shall be amended as

follows

(i) after the words “or Annex III” there shall be

added the words “or Annex VI”; and

(ii) in the second proviso thereto after the words

“the documentation prescribed by Annex III” there shall

be added the words “and an International Air Pollution

Prevention Certificate in the form prescribed by Annex

VI”; and

(b)

subregulation (3) thereof shall be amended as

follows

(i) after the words “or has jettisoned any harmful

substances” there shall be added the words “or has

emitted any substance”;

(ii) after the words “or Annex III” there shall be

added the words “or Annex VI”;

(iii) in the first proviso after the words “or Annex

III” there shall be added the words “or Annex VI”; and

(iv) in the second proviso after the words “or

Annex III” there shall be added the words “or Annex

VI”.

In regulation 8 of the principal regulations, in

subparagraphs (a) to (e) thereof, immediately after the words “or

Annex III” wherever they occur there shall be added the words “or

Annex VI”.

For regulation 9 of the principal regulations there shall be

substituted the following

9. (1) No Maltese oil tanker of 150 gross

tonnage and above and any other ship of 400 gross

of proceeding

to sea without

tonnage and above shall proceed or attempt to proceed

to sea on an international voyage unless there is in force

in respect of the ship an International Oil Pollution

Prevention Certificate.

(2) No Maltese ship carrying in bulk noxious

liquid substances or unassessed liquid substances shall

proceed or attempt to proceed to sea on an international

voyage unless there is in force in respect of the ship the

relevant certificate referred to in regulations 11 and 12A

of Annex II as appropriate.

(3) No Maltese ship of 400 gross tonnage and

above shall proceed or attempt to proceed to sea on an

international voyage unless there is in force in respect

of the ship an International Air Pollution Prevention

Certificate.

(4) No oil tanker of 150 gross tonnage and above

and any other ship of 400 gross tonnage and above shall

proceed or attempt to proceed to sea on an international

voyage from Maltese waters unless there is in force

in respect of the ship an International Oil Pollution

Prevention Certificate.

(5) No ship carrying in bulk noxious liquid

substances or unassessed liquid substances shall proceed

or attempt to proceed to sea on an international voyage

from Maltese waters unless there is in force in respect of

the ship the relevant certificate referred to in regulations

11 and 12A of Annex II as appropriate.

(6) No ship of 400 gross tonnage and above shall

proceed or attempt to proceed to sea on an international

voyage from Maltese waters unless there is in force

in respect of the ship an International Air Pollution

Prevention Certificate.

(7) No Maltese ship wherever it is, or no other

ship while it is in Maltese waters, shall carry harmful

substances except in accordance with the provisions of

Annex III.

(8) If a ship proceeds or attempts to proceed

to sea on an international voyage, in contravention

of subregulations (1) to (7) hereof, the master of the

ship shall be liable to a fine (multa) as provided for in

regulation 12 hereof.

(9) The master of every ship to which the

provisions of subregulations (4) to (6) hereof apply,

shall produce to the officer from whom a clearance for

the ship is demanded, at the time a clearance for the

ship is demanded for a voyage from Malta to a port

or place outside Maltese waters, the certificates and

documentation referred to in the said subregulations

to be in force when the ship proceeds to sea on an

international voyage, and a clearance shall not be

granted, and the ship may be detained, until the said

certificate or certificates are so produced.

(10) Where an exemption certificate issued for

the purposes of the MARPOL Convention or Annex I

or Annex II in respect of a ship specifies any conditions

on which the certificate is issued and any of those

conditions is not complied with, such person shall, on

conviction, be liable to a fine (multa) as provided for in

regulation 12 hereof.”.

For subparagraphs (e) and (f) of regulation 12 of the

principal regulations there shall be substituted the following

“(e) where there is a contravention of regulation 9(8)

hereof, a fine (multa) not exceeding five hundred units;

(f) where there is a contravention of regulation 9(10)

hereof, a fine (multa) not exceeding five hundred units;”.

€0.27