Regulations, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,844, 16 ta’ Diċembru, 2011

L.N. 484 of 2011

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Insurance for Maritime Claims)

Regulations, 2011

IN exercise of the powers conferred by article 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 (Insurance for Maritime Claims) Regulations, 2011.

(2)

These regulations shall come into force on the 1st

January 2012.

(3) These regulations adopt the measures contained

in Directive 2009/20/EC of the European Parliament and of the

Council of 23 April 2009 on the insurance of shipowners for

maritime claims.

In these regulations, unless the context otherwise

requires:-

“the Act” means the Merchant Shipping Act;

“competent authority” means the Authority for Transport

in Malta established under the Authority for Transport in

Malta Act;

“insurance” means insurance with or without

deductibles, and comprises, for example, indemnity insurance

of the type currently provided by members of the International

Group of P & I Clubs, and other effective forms of insurance

(including proved self insurance) and financial security

offering similar conditions of cover;

“Maltese ship” shall have the same meaning as is

assigned to it in article 3 of the Act;

“ship owner” means the registered owner of a seagoing

ship, or any other person such as the bareboat charterer who

is responsible for the operation of the ship.

(1) These regulations shall apply to ships of 300 gross

tonnage or more.

(2) These regulations shall not apply to-

(a)

warships,

(b)

auxiliary warships, or

(c) government ships used for non commercial

purposes.

(1) No Maltese ship shall proceed or attempt to proceed

to sea unless there is in force in respect of the ship an insurance

cover as referred to in sub-regulation 3 hereof.

(2) No ship shall be allowed in Maltese ports unless

there is in force in respect of the ship an insurance cover as referred

to in sub-regulation 3 hereof.

(3) The insurance referred to in sub-regulations (1)

and (2) hereof, shall cover maritime claims subject to limitation

under the Merchant Shipping (Limitation of Liability for Maritime

Claims) Regulations, 2003. The amount of the insurance for each

and every ship per incident shall be equal to the relevant maximum

amount for the limitation of liability, as laid down in the said

regulations.

(1) Any inspection of a ship in a port in Malta, in

accordance with the Merchant Shipping (Port State Control)

Regulations, 2011, shall include a verification that a certificate

referred to in regulation 6 is carried on board.

(2) If the certificate referred to in regulation 6 is not

carried on board, and without prejudice to the Merchant Shipping

(Port State Control) Regulations, 2011, the competent authority

may issue an expulsion order to the ship which shall be notified

to the Commission, the other Member States and the flag State

concerned.

(3) When a notification of an expulsion order, is

received from another Member State, the ship in question shall

be refused access into any Maltese port, until such time when a

notification is received from the owner that an insurance certificate

referred to in regulation 6 is issued in respect of the ship.

(1) The existence of the insurance referred to in Insurance certificates.

regulation 4 shall be proved by one or more certificates issued by

its provider and carried on board the ship.

(2) The certificates issued by the insurance provider

shall include the following information

(a)

name of ship, its IMO number, and port of

registry;

(b) shipowner’s name and principal place of

business;

(c) type and duration of the insurance;

(d) name and principal place of business of the

provider of the insurance and, where appropriate, the

place of business where the insurance is established.

Where any person fails to comply with the provisions

of these regulations, such person shall be guilty of an offence and

shall be liable to a fine (multa) not exceeding one thousand units.

€0.18