Merchant Shipping (Port State Control) Regulations, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,711, 22 ta’ Frar, 2011

L.N. 64 of 2011

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Port State Control) Regulations, 2011

IN exercise of the powers conferred by articles 154 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 (Port State Control) Regulations, 2011.

(2) These regulations shall be deemed to have come

into force on the 1st January, 2011.

(3) These regulations adopt the measures contained

in Directive 2009/16/EC of the European Parliament and of the

Council of 23 April 2009.

(1)

In these regulations, unless the context otherwise

requires-

“the Act” means the Merchant Shipping Act;

“the competent authority” in relation to Malta means

the Authority for Transport in Malta established under

the Authority for Transport in Malta Act and, in relation to

any other State means the national maritime administration

maintained by that State for the inspection of ships;

“the Community” means the European Community;

“the Directive” means Directive 2009/16/EC of the

European Parliament and of the Council of 23 April 2009;

“flag State” means the State whose flag the ship is

entitled to fly;

“inspector” means a person duly authorized by the

competent authority to carry out port State control inspections,

and responsible to that authority;

“Member State” means a member State of the European

Union;

“ship” means any sea going vessel to which one or

more of the Conventions apply, flying a flag other than that of

Malta.

(2) Unless otherwise defined in these regulations or

unless the context otherwise requires, words and expressions used

in these regulations shall have the same meaning assigned to them

in the Directive.

(1) These regulations shall apply to any ship and her

crew calling at a port in Malta or anchored off such a port to

engage in a ship/port interface

Provided that nothing in these regulations shall affect the

rights of intervention available to any authority under any of the

relevant international Conventions or under any other convention.

(2) These regulations shall not apply to-

(a) fishing vessels,

(b) warships,

(c) naval auxiliaries,

(d) wooden ships of a primitive build,

(e) government ships used for non commercial

purposes,

(f) pleasure yachts not engaged in trade, or

(g) ships registered in Malta.

(3) In case of ships below 500 gross tonnage, the

inspector shall apply those requirements of a relevant Convention

which are applicable and shall, to the extent that a Convention

does not apply and without prejudice to any other powers under

these regulations, take such action as may be necessary to ensure

that the ships concerned are not clearly hazardous to safety, health

or the environment. In the application of this subregulation the

inspector shall be guided by Annex I to the Paris Memorandum Of

Understanding.

(4) When inspecting ships flying the flag of a State

which is not a party to a Convention, the treatment given to such

ship and her crew shall be no more favourable than that given to a

ship flying the flag of a State which is a party to that Convention or

to the crew of such a ship.

(1) The competent authority shall ensure that ships Inspection System

are selected for inspection on the basis of their risk profile as and

described in Annex I Part I to the Directive, and when overriding

or unexpected factors arise in accordance with Annex I Part II 2A

and 2B to the Directive.

(2)

In selecting ships for inspection, the competent

authority

(a) shall inspect all ships which are due for a

mandatory inspection, referred to as “Priority I” ships, in

accordance with the selection scheme described in Annex I,

Part II 3A to the Directive;

(b) may inspect ships which are eligible for inspection,

referred to as “Priority II” ships in accordance with Annex I

Part II 3B to the Directive

Provided that the total annual number of inspections

of Priority I and Priority II ships, correspond at least to the

share of the total number of inspections to be carried out

annually within the Paris Memorandum Of Understanding

region, calculated on the number of individual ships calling

at Maltese ports in relation to the sum of the number of

individual ships calling at ports of each State within the Paris

Memorandum Of Understanding region

Provided further that –

(a) when the total number of calls of Priority I ships

exceeds the inspection share referred to above, the competent

authority shall carry out a number of inspections on Priority

I ships, corresponding to at least that inspection share and no

more than 30% of the total number of Priority I ships calling

at ports and anchorages are not missed, in order to comply

with such commitment; and

(b) when the total number of Priority I and Priority II

ships, is less than the inspection share referred to above, the

competent authority shall carry out a number of inspections

on Priority I ships, corresponding to at least that inspection

share and no more than 30% of the total number of Priority I

ships calling at ports and anchorages.

(3) In the case of failure to carry out the inspections

required under sub-regulation (2) hereof, the inspection

commitment is still considered to be fulfilled in accordance with

the provision unless such missed inspections exceed

(a) 5% of the total number of Priority I ships with a

high risk profile calling at ports and anchorages, or

(b) 10% of the total number of Priority I ships,

other than those with a high risk profile calling at ports and

anchorages

Provided that notwithstanding the percentage in

paragraphs (a) and (b), the competent authority shall prioritise

the inspection of ships which, according to the information

provided by the inspection database, call at ports within the

Community infrequently, and for Priority I ships calling at

anchorages, the competent authority shall prioritise inspection

of ships with a high risk profile which, according to the

information provided by the inspection database, call at ports

within the Community infrequently.

(4) The competent authority may postpone the

inspection of Priority I ships if the inspection may be carried

out in another port of call within the Paris Memorandum Of

Understanding region within 15 days

Provided that the State in which such port of call is

located has agreed in advance to perform the inspection and this is

recorded in the inspection database.

(5) Where an inspection is not performed on Priority

I ships for operational reasons, it shall not be counted as a missed

inspection

Provided that the reason for missing the inspection is

recorded in the inspection database, and the following exceptional

circumstances occur

(a) in the judgment of the competent authority the

conduct of the inspection would create a risk to the safety of

inspectors, the ship, its crew or to the port or to the marine

environment; or

(b) the ship call takes place only during night time; in

such case necessary measures shall be taken to ensure that the

ships which call regularly during night time are inspected as

appropriate.

(6) If an inspection is not performed on a ship at

anchorage, it shall not be counted as a missed inspection if

(a) the ship is inspected in another port or anchorage

within the Community or the Paris Memorandum Of

Understanding region in accordance with Annex I to the

Directive within 15 days; or

(b) the ship call takes place only during night time or

its duration is too short for the inspection to be carried out

satisfactorily, and the reason for missing the inspection is

recorded in the inspection database; or

(c) in the judgment of the competent authority the

conduct of the inspection would create a risk to the safety

of inspectors, the ship, its crew or port, or to the marine

environment, and the reason for missing the inspection is

recorded in the inspection database.

(1) The operator, agent or master of a ship which, in

accordance with regulation 9 is eligible for an expanded inspection

and bound for a port or anchorage in Malta, shall notify its arrival

in accordance with the provisions laid down in Annex III to the

Directive.

(2) On receipt of the notification referred to in

sub-regulation (1) hereof and in Article 4 of Directive 2002/59/

EC of the European Parliament and of the Council of 27 June

2002 establishing a Community vessel traffic monitoring and

information system, the port authority or body or the authority or

body designated for that purpose shall forward such information to

the competent authority.

(1) The competent authority shall attribute a ship risk

profile to all ships calling at a port or anchorage in the inspection

database, determining their respective priority for inspection, the

intervals between the inspections and the scope of inspections.

(2) The risk profile of a ship shall be determined by a

combination of generic and historical risk parameters as follows

(a) generic parameters shall be based on the type,

age, flag, recognised organisations involved and company

performance in accordance with Annex I Part I.1 and Annex

II to the Directive.

(b) historical parameters shall be based on the

number of deficiencies and detentions during a given period

in accordance with Annex I, Part I.2 and Annex II to the

Directive.

Ships calling at ports or anchorages within the

Community shall be subject to periodic inspections or to additional

inspections as follows

(a) ships shall be subject to periodic inspections at

predetermined intervals depending on their risk profile in

accordance with Annex I Part I to the Directive. The interval

between periodic inspections of ships shall increase as the risk

decreases; for high risk ships, this interval shall not exceed

six months; and

(b) ships shall be subject to additional inspections

regardless of the period since their last periodic inspection as

follows

(i) the competent authority shall ensure that ships

to which overriding factors listed in Annex I Part II 2A

to the Directive, apply are inspected,

(ii) ships to which unexpected factors listed

in Annex I Part II 2B to the Directive, apply may be

inspected; the decision to undertake such an additional

inspection is left to the professional judgment of the

competent authority.

The competent authority shall ensure that ships which

are selected for inspection in accordance with sub-regulations (1)

and (2) of regulation 4 are subject to an initial inspection or a more

detailed inspection as follows

(a) on each initial inspection of a ship, the competent

authority shall ensure that the inspector, as a minimum

(i) checks the certificates and documents listed in

Annex IV to the Directive required to be kept on board

in accordance with Community maritime legislation and

Conventions relating to safety and security;

(ii) verifies, where appropriate, whether

outstanding deficiencies found during the previous

inspection carried out by a Member State or by a State

signatory to the Paris Memorandum Of Understanding

have been rectified;

(iii) satisfies himself of the overall condition of

the ship, including the hygiene of the ship, including

engine room and accommodation;

(b) when, after an inspection referred to in paragraph

(a) hereof, deficiencies to be rectified at the next port of call

have been recorded in the inspection database, the competent

authority of such next port may decide not to carry out the

verifications referred to in sub-paragraphs (i) and (iii) of

paragraph (a) hereof;

(c) whenever there are clear grounds for believing,

after the inspection referred to in paragraph (a), that the

condition of a ship or of its equipment or crew does not

substantially meet the relevant requirements of a Convention,

a more detailed inspection shall be carried out, including

further checking of compliance with on-board operational

requirements;

(d) for the purposes of paragraph (c) , “clear grounds”

exist when the inspector finds evidence which in his

professional judgment warrants a more detailed inspection

of the ship, its equipment or its crew: provided that, without

prejudice to its generality, the term “clear grounds” includes,

the circumstances set out in Annex V to the Directive.

(1) The following categories of ships are eligible to an

expanded inspection in accordance with Annex I Part II 3A to the

Directive

(a) ships with high risk profile,

(b) passenger ships, oil tankers, gas or chemical

tankers or bulk carriers, older than 12 years of age,

(c) ships subject to a re-inspection following a refusal

of access order issued in accordance with regulation 11.

(2) The operator or master of the ship shall ensure that

sufficient time is available in the operating schedule to allow the

expanded inspection to be carried out

Provided that, without prejudice to control measures

required for security purposes, the ship shall remain in the port

until the inspection is completed.

(3) On receipt of a pre-notification provided by a ship

eligible for a periodic expanded inspection, the competent authority

shall inform the ship if no expanded inspection is to be carried out.

(4) The scope of an expanded inspection, including the

risk areas to be covered, is set out in Annex VII to the Directive.

(1) When carrying out inspections, inspectors shall

follow the procedures and guidelines specified in Annex VI to the

Directive.

(2) As far as security checks are concerned, the

competent authority shall apply the relevant procedures set out in

Annex VI to the Directive to all ships referred to in Articles 3(1),

3(2) and 3(3) of Regulation (EC) No 725/2004 of the European

Parliament and of the Council, calling at Maltese ports and

anchorages, unless they fly the Maltese flag.

(3) The provisions of regulation 9 concerning

expanded inspections shall apply to ro-ro ferries and high-speed

passenger craft, referred to in Article 2(a) and (b) of Directive

1999/35/EC

Provided that when a ship has been surveyed in

accordance with articles 6 and 8 of Directive 1999/35/EC by a host

State which is not the flag State of the ship, such specific survey

shall be recorded as a more detailed or an expanded inspection, as

relevant, in the inspection database and taken into account for the

purposes of regulations 6 and 7 hereof

Provided further that without prejudice to a prevention

of operation of a ro-ro ferry or a high-speed craft decided in

accordance with Article 10 of Directive 1999/35/EC, the provisions

of these regulations concerning rectification of deficiencies,

detention, refusal of access, follow up to inspections, as appropriate

shall apply.

(1) The competent authority shall ensure that no access

to any port in Malta shall be granted, if the ship

(a) flies the flag of a State whose detention rate falls

into the black list, adopted in accordance with the Paris

Memorandum Of Understanding on the basis of information

recorded in the inspection database and as published annually

by the Commission, and has been detained or has been

issued with a prevention of operation order under Directive

1999/35/EC more than twice in the course of the preceding

36 months in a port or anchorage of a State signatory to the

Paris Memorandum Of Understanding; or

(b) flies the flag of a State whose detention rate

falls into the grey list, adopted in accordance with the Paris

Memorandum Of Understanding on basis of information

recorded in the inspection database and as published annually

by the Commission, and has been detained or has been

issued with a prevention of operation order under Directive

1999/35/EC more than twice in the course of the preceding

24 months in a port or anchorage of a State signatory of the

Paris Memorandum Of Understanding.

(2) The refusal of access in accordance with

subregulation (1) shall become applicable as soon as the ship has

been authorised to leave the port or anchorage where it has been

the subject of a third detention and where a refusal of access order

has been issued.

(3) The refusal of access order shall be lifted only after

a period of three months has passed from the date of issue of the

order and when the conditions in paragraphs 3 to 9 of Annex VIII

to the Directive are met

Provided that when a ship is subject to a second refusal

of access, such period shall be of 12 months.

(4) In the case a ship is subject to any subsequent

detention in a port or anchorage within the Community, such ship

shall not be granted access to any port and anchorage within the

Community. This third refusal of access order may be lifted after

a period of 24 months has passed from the issue of the order and

only if

(a) the ship flies the flag of a State whose detention

rate falls neither into the black list nor the grey list referred to

in sub regulation 1 hereof;

(b) the statutory and classification certificates of

the ship are issued by an organisation or organisations

recognised under Regulation (EC) No 391/2009 of the

European Parliament and of the Council of 23 April 2009 on

common rules and standards for ship inspection and survey

organisations;

(c) the ship is managed by a company with a high

performance according to Annex I Part I.1 to the Directive;

and

(d) the conditions in paragraphs 3 to 9 of Annex VIII

to the Directive are met

Provided that any ship not meeting the criteria specified

in this sub-regulation, after a period of 24 months has passed

from the issue of the order, shall be permanently refused

access to any port and anchorage within the Community.

(5) Any subsequent detention in a port or anchorage

within the Community after the third refusal of access shall result

in the ship being permanently refused access to any port and

anchorage within the Community.

On completion of an inspection, a more detailed

inspection or an expanded inspection, the inspector shall draw up a

report in accordance with Annex IX to the Directive and a copy of

the inspection report shall be provided to the ship’s master.

(1) Any deficiencies confirmed or revealed during an

inspection shall be rectified in accordance with the Conventions to

the satisfaction of the competent authority.

(2) (a) In the case of deficiencies which are clearly

hazardous to safety, health or the environment, the competent

authority shall order the ship to be detained, or shall order the

operation in the course of which the deficiencies are revealed to be

stopped.

(b) A detention order or an order for the stoppage

of an operation may include a direction that a ship shall remain in

a particular place, or shall move to a particular anchorage or berth,

and may also specify circumstances when the master of a ship

may move his ship from a specified place for reasons of safety or

prevention of pollution.

(c) A detention order or an order for the stoppage

of an operation shall not be lifted until the hazard is removed or

until the competent authority establishes that the ship can, subject

to any necessary conditions, proceed to sea or the operation be

resumed without risk to the safety and health of passengers or

crew, or risk to other ships, or without there being an unreasonable

threat of harm to the marine environment.

(d) Where deficiencies as referred to in this sub-

regulation are found and cannot be rectified in the port of detention,

the relevant provisions of regulation 16 shall apply.

(3) When exercising his professional judgement as to

whether or not a ship is to be detained, the inspector shall apply the

criteria set out in Annex X to the Directive.

(4) A ship shall be detained if not equipped with a

functioning voyage data recorder, when use of such recorder is

compulsory in accordance with Directive 2002/59/EC. If such

deficiency cannot be readily rectified in the port of detention, the

competent authority may either allow the ship to proceed to the

nearest appropriate repair yard where it shall be readily rectified

or require that the deficiency is rectified within a maximum period

of thirty days. For these purposes, the procedures laid down in

regulation 16 shall apply.

(5) In exceptional circumstances, where the overall

condition of a ship is obviously substandard, the competent

authority may suspend the inspection of that ship until the

responsible parties have taken the steps necessary to ensure that it

complies with the relevant requirements of the Conventions, and in

the meantime the ship shall be considered to be detained.

(6) Without prejudice to any other requirement in the

Convention enactments, in the event of detention, the competent

authority shall immediately inform, in writing and include the

report of inspection therewith, the flag State administration

or, when this is not possible, the Consul or, in his absence, the

nearest diplomatic representative of the State of the flag, of all

the circumstances in which intervention was deemed necessary.

In addition, nominated surveyors or recognised organisations

responsible for the issue of classification certificates or statutory

certificates on behalf of the State of the flag administration in

accordance with Conventions shall also be notified, where relevant.

(7) When exercising port State control under these

regulations, all possible efforts shall be made to avoid a ship being

unduly detained or delayed. If a ship is unduly detained or delayed,

the owner or operator shall be entitled to compensation for any loss

or damage suffered. In any instance of alleged undue detention or

delay the burden of proof shall lie with the owner or operator of the

ship.

(1) The competent authority shall subject all

complaints to a rapid initial assessment. If it is determined that

a complaint is justified, the competent authority shall take the

necessary action, in particular, ensuring that anyone directly

concerned by that complaint may make their views known.

(2) Where the competent authority deems the

complaint to be manifestly unfounded, it shall inform the

complainant of its decision and of the reasons therefor.

(3) The identity of the complainant shall not be

revealed to the master or the shipowner of such ship. The inspector

shall ensure confidentiality during any interviews of crew

members.

(1) Subject to the provisions of this regulation, the

owner or the operator of a ship or his representative in Malta shall

have a right of appeal against a decision for detention or refusal of

access taken by the competent authority.

(2) The competent authority shall properly inform the

master of a ship referred to in sub-regulation (1), of the right of

appeal.

(3) An appeal shall not cause the detention or refusal

of access to be suspended.

(4) An appeal against a decision for detention or

refusal of access may be made by means of an application before

the Court of Appeal (Inferior Jurisdiction).

(5) An appeal for the purpose of subregulation (4) shall

be filed within twenty days of the service of the order of detention

or stoppage of operation or the day of refusal of access, as the case

may be, and shall be served on the competent authority which shall

reply thereto within ten days of notification.

(6) If the owner or the operator of a ship or his

representative in Malta shows to the satisfaction of the Court that -

(a) the matter did not constitute a valid basis for the

relevant inspector’s opinion, and

(b) there were no reasonable grounds for the inspector

to form that opinion,

the Court may award the owner such compensation in respect of

any actual loss suffered by him in consequence of the detention or

refusal of access as it deems fit.

(7) The burden of satisfying the Court as to the matters

specified in sub-regulation (6) shall lie with the owner or the

operator of a ship or his representative in Malta, as the case may

be.

(8) The Court shall also have regard, in coming to its

decision, to any matters not specified in the order of detention or

refusal of access order that appears to it to be relevant as to whether

the ship was or was not liable to be detained or refused access.

(9) Where the Court decides that the matter did not

constitute a valid basis for the inspector’s opinion, it shall either

cancel the order of detention or refusal of access or shall affirm the

order with such modifications as it may in the circumstances deem

fit.

(10) The Court shall include in its findings whether

there was or not a valid basis for the order of detention or refusal

of access.

(11) When as a result of an appeal or of a request

made by the owner or the operator of a ship or his representative

in Malta, a detention order or refusal of access order is revoked or

amended, the competent authority shall ensure that

(a) the inspection database is amended accordingly

without delay, and

(b) within 24 hours of such decision, that the

information is published in accordance with Annex XIII to

the Directive.

(1) Where deficiencies referred to in regulation 13(2)

cannot be rectified in Malta, the competent authority may allow the

ship concerned to proceed without undue delay, to the appropriate

repair yard nearest to the port of detention, as chosen by the master

and the authorities concerned, where follow-up action can be

taken, provided that the conditions determined by the competent

authority of the flag State and agreed to by the competent authority

are complied with. Such conditions shall ensure that the ship can

proceed without risk to the safety and health of passengers or crew,

or risk to other ships, or without there being an unreasonable threat

of harm to the marine environment.

Provided that when the decision to send a ship to a

repair yard is due to a lack of compliance with IMO Resolution

A. 744(18), either with respect to a ship’s documentation or with

respect to a ship’s structural failures and deficiencies, the competent

authority may require that the necessary thickness measurements

be carried out in the port of detention before the ship is allowed to

sail.

(2) In the circumstances referred to in sub-regulation

(1), the competent authority shall notify the competent authority of

the State where the repair yard is situated, the parties mentioned in

regulation 13 (6) and any other authority as appropriate of all the

conditions for the voyage.

(3) When the competent authority receives a

notification analogous to the one referred to in sub-regulation (1)

from the competent authority of another State, it shall inform the

notifying authority of the action taken.

(4) The competent authority shall take measures

to ensure that ships that proceed to sea from a port in any other

Member State in circumstances analogous to those referred to in

sub-regulation (1) –

(a) without complying with the conditions determined

by the competent authority in the port of inspection; or

(b) which refuse to comply with the applicable

requirements of the Conventions by not calling into the

indicated repair yard,

are refused access to any port in Malta, until the owner or operator

has provided evidence to the satisfaction of the competent authority

of the port of inspection where the ship was found to be deficient

that the ship fully complies with all applicable requirements of the

Conventions.

(5) If a ship proceeds to sea from a port in Malta

without complying with the conditions determined by the

competent authority in accordance with sub-regulation 4(a) hereof,

the competent authority shall immediately alert the competent

authorities of all the other Member States.

(6) If a ship to which sub-regulation 4(b) hereof

applies is to proceed to a repair yard in Malta, but fails to call into

the indicated repair yard, the competent authority shall immediately

alert the competent authorities of all the other Member States.

(7) Before denying entry pursuant to circumstances

analogous to those referred to in sub-regulations (5) and (6) hereof,

the competent authority may request consultations with the flag

administration of the ship concerned.

(8) Notwithstanding the provisions of sub-regulation

(4) hereof, access to a port in Malta may be permitted by the

competent authority in the event of force majeure or overriding

safety considerations, or to reduce or minimise the risk of pollution

or to have deficiencies rectified, provided adequate measures to

the satisfaction of the competent authority have been implemented

by the owner, the operator or the master of the ship to ensure safe

entry.

(1) Inspections under these regulations shall be carried

out only by inspectors who fulfill the qualification criteria specified

in Annex XI to the Directive and who are authorised to carry out

port State control by the competent authority.

(2) When the required professional expertise cannot

be provided by the competent authority, the inspector of that

competent authority may be assisted by any person with the

required expertise.

(3) The inspectors carrying out port State control and

the persons assisting them shall have no commercial interest either

in the port of inspection or in the ships inspected, nor shall the

inspectors be employed by, or undertake work on behalf of, non-

governmental organisations which issue statutory and classification

certificates or which carry out the surveys necessary for the issue

of those certificates to ships.

(4) Each inspector shall carry a personal document

in the form of an identity card issued by the competent authority

indicating that the inspector is authorised to carry out inspections.

(1) Pilots of Malta, engaged in berthing or unberthing

of ships or engaged on ships bound for a port or in transit within

Malta shall immediately inform the competent authority whenever

they learn in the course of their normal duties that there are

apparent anomalies which may prejudice the safe navigation

of the ship, or which may pose a threat of harm to the marine

environment.

(2) If port authorities, in the course of their

normal duties, learn that a ship within their port has apparent

anomalies which may prejudice the safety of the ship or poses

an unreasonable threat of harm to the marine environment, such

authority shall immediately inform the competent authority about

such deficiencies.

(3) The pilots or port authorities referred to in

sub-regulations (1) and (2) shall report at least the following

information, in electronic format whenever possible

(a) ship information (name, IMO identification

number, call sign and flag),

(b) sailing information (last port of call, port of

destination),

(c)

a description of apparent anomalies found on

board.

(4) The competent authority shall ensure that proper

follow-up action is taken on apparent anomalies notified by pilots

and port authorities or bodies and shall record the details of action

taken.

The port authorities, other relevant authorities and other Exchange of

commercial organisations shall cooperate with the competent information

authority in order that the competent authority obtains the

following information

(a) information notified in accordance with regulation

9 and Annex III to the Directive,

(b) information concerning ships which have failed

to notify any information according to the requirement of

the Directive and to Directive 2000/59/EC of the European

Parliament and of the Council of 27 November 2000 on

port reception facilities for ship-generated waste and cargo

residues and Directive 2002/59/EC, as well as, if appropriate,

with Regulation (EC) No 725/2004,

(c) information concerning ships which have

proceeded to sea without having complied with Articles 7 or

10 of Directive 2000/59/EC,

(d) information concerning ships which have been

denied entry or expelled from port on security grounds,

(e) information on apparent anomalies in accordance

with regulation 18 hereof.

The competent authority shall provide the European Data to monitor

Commission with the information listed in Annex XIV to the implementation.

Directive, at the intervals stated therein.

(1) In the event that the inspections referred to in Reimbursement of

regulations 8 and 9 confirm or reveal deficiencies in relation to the costs.

requirements of a Convention warranting the detention of a ship,

all costs relating to the inspections in any normal accounting period

shall be covered by the shipowner or the operator of a ship or by

his representative in Malta.

(2) All costs relating to inspections carried out by the

competent authority under the provisions of regulation 11 shall be

charged to the owner or operator of the ship.

(3) In the case of detention of a ship all costs relating

to the detention in port shall be borne by the owner or operator of

the ship.

(4) The detention or stoppage of operation shall not be

lifted until full payment is made or a sufficient guarantee is given

for reimbursement and payment of the costs.

(1) Where any order for the detention of a ship or for

stoppage of operation of a ship is breached, the owner or operator

of a ship and her master shall each be guilty of an offence and

shall for each offence be liable to a fine (multa) not exceeding one

thousand units.

(2) Where a ship -

(a) fails to proceed to a repair yard as specified in

accordance with regulation 16(1) or breaches any of the

conditions which may have been imposed thereunder, or

(b) enters a port in breach of a refusal of access to

enter port,

the owner or operator of the ship and her master shall each be

guilty of an offence and shall for each offence be liable to a fine

(multa) not exceeding one thousand units.

(3) Where any person fails to comply with the

provisions of regulation 5(1) and with those of regulation 18, such

person shall be guilty of an offence in each case and shall for each

offence be liable to a fine (multa) not exceeding one thousand

units.

(4) Any person who obstructs an inspector or any

person assisting the inspector shall be guilty of an offence and

shall for each offence be liable to a fine (multa) not exceeding five

hundred units.

The Merchant Shipping (Port State Control) Regulations,

2004. 2004 are hereby being revoked.