and Bunkering (Amendment) Regulations, 2023

L.N. 119 of 2023

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Dangerous Cargo Ships, Marine Terminals and Facilities

and Bunkering (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 43(1) and (3)

of the Authority for Transport in Malta Act, the Minister responsible

for transport, after consultation with the Authority for Transport in

Malta, has made the following regulations:-

The title of these regulations is the Dangerous Cargo Ships, Citation.

Marine Terminals and Facilities and Bunkering (Amendment)

Regulations, 2023 and these regulations shall be read and construed as

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

and Bunkering Regulations, hereinafter referred to as "the principal

regulations".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) immediately after the definition "agent" thereof there

shall be added the following new definition

" "alternative fuel" shall have the same meaning as

assigned to it in the Alternative Fuels Order;";

(b) the definition "bunkers" thereof shall be substituted

by the following new definition

" "bunkers" means any alternative fuel and non-

volatile marine grade fuel oil used to fuel a ship or its

machinery, and includes lubricating oil;";

(c) the definition "Relevant Instruments" thereof shall be

substituted by the following new definition

" "Relevant Instruments" means

(a) these regulations;

(b) all the relevant IMO Conventions to

which Malta has acceded, or may accede to from

time to time;

(c) the relevant IMO Codes of Practices;

(d) the relevant current EMSA, ISGOTT,

OCIMF, ICS, SGMF, SIGTTO, INTERTANKO,

IACS, IMO, ISO and IAPH Guides, and any

subsequent amendments, emanating from these

Conventions and Codes;

(e) the current rules of ship Classification

Societies; and

(f) any other code, policy, guidelines or

notice which the Authority may adopt from time to

time in relation to any matter regulated by these

regulations;";

(d) immediately after the definition "COW" thereof there

shall be added the following new definitions

" "EMSA" means the European Maritime Safety

Agency;

"IACS" means the International Association of

Classification Societies;";

(e) immediately after the definition "ISGOTT" thereof

there shall be added the following new definition

" "ISO" means the International Organisation for

Standardisation;";

(f) the definition "OCIMF" thereof shall be substituted

by the following new definition

" "OCIMF" means the Oil Companies International

Marine Forum;";

(g) immediately after the definition "OCIMF" thereof

there shall be added the following new definition

" "SGMF" means the Society for Gas as a Marine

Fuel;";

(h) the definition "SIGTTO" thereof shall be substituted

by the following new definition

" "SIGTTO means the Society of International Gas

Tankers and Terminal Operators;"; and

(i)

the definitions thereof shall follow in alphabetical

In paragraph (g) of regulation 4 of the principal regulations, Amends

the words "engaged in the handling or storage of dangerous cargoes" regulation

shall be deleted.

Sub-regulation (1) of regulation 9 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

"(1) Except as may be otherwise determined and

instructed by the Authority from time to time, the construction,

operations, equipment, procedures, personnel and practices of all

ships, including non-dangerous cargo ships engaged in the

reception of bunkers, bunker barges, marine terminals and

marine facilities, the activities of cargo interests and the use of

road tankers within any port area for the purposes of supplying

bunkers to ships shall be in full compliance and carried out in

strict accordance with all the requirements laid down in the

Relevant Instruments.".

Regulation 10 of the principal regulations shall be Substitutes

substituted by the following new regulation

(1) The operational, procedural, equipment

the regulations

and construction requirements of these regulations are not

intended to be exhaustive but are prescribed to

supplement, complement or emphasise some of the

requirements. provisions of the Relevant Instruments, taking into

consideration prevailing local conditions and the

particular requirements of the Authority, from time to

time.

(2) The Authority shall publish such codes,

policies, guidelines or notices as may be required from

time to time in order to determine the operational

requirements of bunkering operations. Any bunkering

operations carried out shall only be authorised if

compliant with the provisions of these codes, policies,

guidelines or notices and those of any applicable

Relevant Instruments.".

6. In regulation 57 of the principal regulations, the words "as Amends

detailed in Schedule B" shall be substituted by the words "in regulation

accordance with all the requirements of the Relevant Instruments".

7. In Schedule B to the principal regulations, the Bunkering Amends

Checklist for Ships Receiving Bunkers and the Ship to Ship Bunker Schedule

Transfer Checklist shall be deleted.

8. Schedule D to the principal regulations shall be deleted.

Deletes

Schedule D to

the principal

regulations.

€0.36