Carbon Dioxide Emissions from Maritime Transport)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,211, 22 ta’ Marzu, 2024 B 415

L.N. 73 of 2024

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Monitoring, Reporting and Verification of

Carbon Dioxide Emissions from Maritime Transport)

(Amendment) Regulations, 2024

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

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

shipping, has made the following regulations

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

Shipping (Monitoring, Reporting and Verification of Carbon Dioxide and

commencement.

Emissions from Maritime Transport) (Amendment) Regulations, 2024

and these regulations shall be read and construed as one with the

Merchant Shipping (Monitoring, Reporting and Verification of Carbon

Dioxide Emissions from Maritime Transport) Regulations, hereinafter

referred to as the "principal regulations".

(2) These regulations amend the 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 29 April 2015 on the monitoring, reporting and verification

of greenhouse gas emissions from maritime transport, and amending

Directive 2009/16/EC and as amended by Regulation (EU) 2023/957

of the European Parliament and of the Council of 10 May 2023

amending Regulation (EU) 2015/757 in order to provide for the

inclusion of maritime transport activities in the EU Emissions Trading

System and for the monitoring, reporting and verification of emissions

of additional greenhouse gases and emissions from additional ship

types.

(3) Regulations 2, 3 and 5 shall be deemed to have come into

force on 1st January 2024.

(4)

Regulation 4 shall come into force on 1st January 2025.

In regulation 2(1) of the principal regulations immediately Amends

after the definition "competent authority" there shall be added the regulation

the principal

following new definitions

regulations.

" "EU Member State" means the Member States of the

European Union and the Member States of the European

Economic Area;".

Sub-regulation 1 of regulation 3 of the principal regulations

shall be substituted by the following new sub-regulation

"3.

(1)

These regulations shall apply to

(a)

Maltese ships of five thousand (5000) gross

tonnage and above in respect of the greenhouse gas

emissions released during their voyages for transporting for

commercial purposes cargo or passengers from such ships’

last port of call to a port of call under the jurisdiction of an

EU Member State and from a port of call under the

jurisdiction of an EU Member State to their next port of

call, as well as within ports of call under the jurisdiction of

an EU Member State; and

(b)

other ships of five thousand (5000) gross

tonnage and above in respect of the greenhouse gas

emissions released during their voyages for transporting for

commercial purposes cargo or passengers from such ships’

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.".

Immediately after sub-regulation (2) of regulation 3 of the

principal regulations there shall be added the following new sub-

regulation

"(2a) From 1 January 2025, these regulations shall also

apply to

(a) Maltese general cargo ships below five thousand

(5000) gross tonnage but not below four hundred (400) gross

tonnage in respect of the greenhouse gas emissions released

during their voyages for transporting cargo for commercial

purposes, and Maltese offshore ships of four hundred (400)

gross tonnage and above in respect of the greenhouse gas

emissions released during their voyages, from their last port

of call to a port of call under the jurisdiction of an EU

Member State and from a port of call under the jurisdiction

of an EU Member State to their next port of call, as well as

within ports of call under the jurisdiction of an EU Member

State; and

(b) other general cargo ships below five thousand

(5000) gross tonnage but not below four hundred (400) gross

tonnage in respect of the greenhouse gas emissions released

during their voyages for transporting cargo for commercial

purposes, and other offshore ships of four hundred (400)

gross tonnage and above in respect of the greenhouse gas

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.".

In sub-regulation (1) of regulation 7 of the principal Amends

regulations, the words "compliance with the provisions of these regulation

the principal

regulations and the applicable requirements of the EU Regulation." regulations.

shall be substituted by the words "compliance with the provisions of

these regulations and the applicable requirements of the EU

Regulation:" and immediately after there shall be added the following

new proviso

"Provided that, in the case of a non-Maltese ship, such

inspection shall be limited to verifying that there is on board in

relation to such ship a valid document of compliance issued in

terms of Article 17 of the EU Regulation.".

€0.18