Bunkering (Amendment) Regulations, 2012

L.N. 331 of 2012

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Dangerous Cargo Ships, Marine Terminals and Facilities and

Bunkering (Amendment) Regulations, 2012

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 Citation and

Ships, Marine Terminals and Facilities and Bunkering (Amendment) commencement.

Regulations, 2012 and they shall be read and construed as one with

the Dangerous Cargo Ships, Marine Terminals and Facilities and S.L. 499.12.

Bunkering Regulations, hereinafter referred to as "the principal

regulations".

(2) These regulations shall be deemed to have come into force

on the 19 th May, 2012.

For regulation 2 of the principal regulations there shall be Substitutes

regulation 2 of

substituted the following

the principal

regulations.

"2.

These regulations

(i) regulate the movement, transfer, storage and

handling of dangerous cargoes, bunkers, ballast and tank

cleaning operations on all ships and at all marine terminals

and facilities within or connected to the internal and

territorial waters of Malta;

(ii) transpose the provisions of Directive 2002/

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

the 27 th June, 2002, as subsequently amended by Directive

2009/17/EC of the European Parliament and of the Council

of the 23 rd April, 2009 and Directive 2011/15/EU of the

European Commission of the 23 rd February, 2011,

concerning dangerous and polluting goods; and

(iii) transpose the provisions of Directive 2010/

65/EU of the European Parliament and of the Council of

the 20 th October, 2010 on reporting formalities for ships

arriving in and or departing from ports of the Member

States and repealing Directive 2002/6/EC.".

Immediately after sub-regulation (2) of regulation 12 of

the principal regulations there shall be added the following new sub-

regulation

"(3) Any notification or reporting formality obligation

that is required in accordance with the provisions of these

regulations shall be subject to the provisions of the Vessel

Traffic Monitoring and Reporting Requirements Regulations.".

For regulation 98 of the principal regulations there shall be

substituted the following

"98. In accordance with all the applicable legal acts of

the European Union and local legislation in force from time to

time, it shall be ensured that

(a) all the necessary measures are adopted to

ensure the confidentiality of commercial and other

confidential information sent pursuant to these regulations;

(b) particular care is taken to protect the

commercial data collected according to the provisions of

these regulations;

(c) compliance with the requirements of any

legal acts of the Union and local legislation in force from

time to time with respect to the protection of personal data

is observed at all times; and

(d) such information is used in compliance with

these regulations.".

€0.18