Merchant Shipping (Ship Recycling) Regulations, 2018

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,108, 21 ta’ Diċembru, 2018

Taqsima B

L.N. 442

442 of

of 2018

L.N.

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Ship Recycling) Regulations, 2018

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

of the Merchant Shipping Act, the Minister responsible for Transport,

Infrastructure and Capital Projects has made the following regulations

(1) The title of these regulations is the Merchant Citation and

commencement.

Shipping (Ship Recycling) Regulations, 2018.

(2) These regulations establish a system of penalties for failure

to comply with the obligations set out in Regulation (EU) No 1257/

2013 of the European Parliament and of the Council of 20 November

2013 on ship recycling and amending Regulation (EC) No 1013/2006

and Directive 2009/16/EC, as may be amended from time to time,

hereinafter referred to as the "EU Regulation".

(3) These regulations shall come into force on 31 st December

2018.

(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;

"EU ship" means a ship flying the flag of a Member State

of the European Union or the European Economic Area;

"Maltese ship" shall have the same meaning as is assigned

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

"Registrar-General" means the Registrar-General of

Shipping and Seamen appointed under article 363 of the Act and

includes any person acting under his authority;

(2) Unless otherwise defined in the Act or 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 Maltese ships

wherever they may be and to all other EU ships calling at a port in

Malta

Provided that, for the purposes of Article 12 of the EU

Regulation, these regulations shall also apply to non-EU ships calling

at a port or anchorage in Malta.

(2)

These regulations shall not apply to

(a) any warships, naval auxiliary, or other ships owned or

operated by a state and used, for the time being, only on

government non-commercial service;

(b)

ships of less than 500 gross tonnage (GT);

(c) Maltese ships operating throughout their life only in

waters subject to the sovereignty or jurisdiction of Malta.

A ship to which these regulations apply shall not enter or

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

unless a valid inventory certificate or a valid ready for recycling

certificate issued in terms of Article 9 of the EU Regulation, is kept on

board.

It shall be the duty of the registered owner of the ship to

ensure that the ship is in compliance with the provisions of these

regulations and the provisions of the EU Regulation.

Failure to comply with the provisions of these regulations

and the provisions of the EU Regulation 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,

may inspect any ship to which these regulations apply, having regard

to the provisions of Article 11 of the EU Regulation.

(2) If satisfied 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,

including warn, detain, dismiss or exclude the said ship from Maltese

ports.

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

takes such steps as specified in sub-regulation (2) hereof, the

Registrar-General shall forthwith notify the ship’s flag State competent

Authority or consular or diplomatic representative of the flag State of

the ship.

(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.

€0.18