Regulations, 2017

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,827, 11 ta’ Lulju, 2017

L.N. 191 of 2017

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Monitoring, Reporting and Verification of

Carbon Dioxide Emissions from Maritime Transport)

Regulations, 2017

IN EXERCISE of the powers conferred by articles 308A, 374

and 375 of the Merchant Shipping Act, the Minister for Transport,

Infrastructure and Capital Projects has made the following

regulations:-

(1)

The title of these regulations is the Merchant Citation and

Shipping (Monitoring, Reporting and Verification of Carbon Dioxide commencement.

Emissions from Maritime Transport) Regulations, 2017.

(2) These regulations shall come into force on the 1 st January,

2018. (3) These regulations establish a system of penalties for failure

to comply with the monitoring and reporting obligations set out in

Regulation (EU) 2015/757 of the European Parliament and of the

Council of the 29 April 2015, on the monitoring, reporting and

verification of carbon dioxide emissions from maritime transport, and

amending Directive 2009/16/EC, in its up to date version, hereinafter

referred to as "the EU Regulation".

(1)

In these regulations, unless the context otherwise

Interpretation.

requires: –

"the Act" means the Merchant Shipping Act;

"appropriate inspector" shall have the same meaning as is

assigned to it in article 154 of the Act;

"competent authority" means the Authority for Transport

in Malta established by article 5 of the Authority for Transport Cap. 499.

in Malta Act and, in relation to other States means the national

maritime administration maintained by those States;

"Maltese Ships" shall have the same meaning as is

assigned to it in article 3(1) of the Act ;

"Registrar General" shall have the same meaning as

assigned to it in the Act;

(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 EU

Regulation.

(1) These regulations shall apply to

(a)

Maltese ships above five thousand (5000) gross

tonnage in respect of CO 2 emissions released during their

voyages from their last port of call to a port of call under the

jurisdiction of a European Union Member State and from a port

of call under the jurisdiction of a European Union Member State

to their next port of call, as well as within ports of call under the

jurisdiction of a European Union Member State; and

(b)

all other ships above five thousand (5000) gross

tonnage in respect of CO 2 emissions released during their

voyages from their last port of call to a port of call in Malta and

from a port of call in Malta to their next port of call, as well as

within ports of call in Malta.

(2) These regulations shall not apply to

(a)

warships;

(b)

naval auxiliaries;

(c)

fish-catching or fish-processing ships;

(d)

wooden ships of a primitive build;

(e)

ships not propelled by mechanical means; or

(f)

government

ships

used

for

non-commercial

purposes.

A ship to which these regulations apply shall not enter or

leave a port in Malta, nor, if the ship is a Maltese ship, a port in any

other European Union Member State, unless a valid document of

compliance issued in terms of Article 17 of the EU Regulation,

attesting that the requirements of the EU Regulation for the relevant

reporting period is carried onboard.

It shall be the duty of the company to ensure that the ship is

in compliance with the provisions of these regulations and the

applicable requirements of the EU Regulation.

Failure by the company to comply with the provisions of

these regulations shall constitute an offence. Such person shall, on

conviction, be liable to a fine (multa) not exceeding five thousand

(5,000) units.

(1)

The Registrar General, or an appropriate inspector, Power to inspect

may inspect any ship to which these regulations apply and if satisfied and

ship.

that the ship is not in compliance with the provisions of these

regulations and the applicable requirements of the EU Regulation, the

Registrar General shall take such steps as are considered necessary to

ensure that the ship shall not sail until it can be ensured that the ship

is in compliance with the provisions of these regulations and the

applicable requirements of the EU Regulation.

(2) In the case of a non-Maltese ship, if the Registrar General

takes such steps as specified in sub-regulation (1) hereof, the

Registrar General shall forthwith notify the ship’s flag State

competent Authority; consular or diplomatic representative of the

flag State of the ship.

(3) Where sub-regulation (2) applies, the Registrar General

shall also notify all relevant accredited verifiers responsible for the

issue of the document of compliance.

(4) For the purposes of this regulation, the provisions of article

154(2) and (3) of the Act shall apply mutatis mutandis to the

Registrar General and to appropriate inspectors.

In the case of ships that have failed to comply with the Expulsion

provisions of these regulations for two or more consecutive reporting Order.

periods, and where other enforcement measures have failed to ensure

compliance, an expulsion order in terms of article 20 of the EU

Regulation may be issued by the competent authority.

(1)

Subject to the provisions of this regulation, the Right of appeal.

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

have a right of appeal against an expulsion order issued by the

competent authority.

(2) An appeal shall not cause the relevant measure taken to be

suspended.

(3) An appeal may be made by means of an application before

the Court of Appeal (Inferior Jurisdiction).

(4) An appeal for the purpose of sub-regulation (3) shall be

filed within twenty days of the imposition of the measure, as the case

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

reply thereto within ten days of notification.

(5) If the appellant shows to the satisfaction of the Court that

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

relevant action taken; and

(b) there were no reasonable grounds for that action,

the Court may award such compensation in respect of any actual

loss suffered in consequence of the measure as it deems fit.

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

specified in sub-regulation (5) shall lie with the appellant, as the case

may be.

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

to any matters not specified in the expulsion order that appears to it to

be relevant as to whether the ship was or was not liable.

(8) Where the Court decides that the matter did not constitute

a valid basis for the action taken, it shall either cancel or shall affirm

the measure.

(9) The Court shall include in its findings whether there was

or not a valid basis for the action taken.

Where another EU Member State has informed the

competent authority that it has issued an expulsion order in respect of

a ship in accordance with Article 20 of the EU Regulation, the

competent authority shall refuse that ship entry to any port in Malta

until the company fulfils its monitoring and reporting obligations in

terms of the EU Regulation.

€0.18