MERCHANT SHIPPING (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS

SUBSIDIARY LEGISLATION 234.32

MERCHANT SHIPPING (PREVENTION OF

POLLUTION FROM SHIPS) REGULATIONS

1st March, 2004

LEGAL NOTICE 332 of 2003, as amended by Legal Notice 183 of 2011.

The title of these regulations is the Merchant Shipping

(Prevention of Pollution from Ships) Regulations.

(1)

In these regulations, unless the context otherwise

requires -

"Act" means the Merchant Shipping Act;

''Annex I'' means Annex I to the MARPOL Convention including

appendices thereto;

''Annex II '' m ean s Ann ex I I t o t he MARP OL Co nven tion

including appendices thereto;

''Annex III'' means Annex III to the MARPOL Convention

including the appendix thereto;

''Annex VI'' means Annex VI to the MARPOL Convention

including appendices thereto;

''appropriate inspector'' shall have the same meaning as is

assigned to it in article 154 of the Act;

''Maltese waters'' shall have the same meaning as is assigned to it

in the Territorial Waters and Contiguous Zone Act;

''MARPOL Convention'' means the International Convention for

the Prevention of Pollution from Ships, signed in London on 2nd

November, 1973 as modified by the Protocol of 1978 relating

thereto signed in London on 17th February, 1978;

''Protocol I'' means Protocol I to the MARPOL Convention.

(2) Any reference in these regulations, but in particular in

regulation 4(1), to a convention, protocol or annex shall include

reference to any amendment to such convention, protocol or annex

as from time to time may be ratified, acceded to or accepted by the

Government of Malta, and where the context allows, it shall

include also reference to any other instruments, standards and

specifications of a mandatory nature related thereto as may from

time to time be adopted or developed by the International Maritime

Organisation or in terms of regulation 4(2)(a).

(3) 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

MARPOL Convention or in Protocol I, or in Annex I or in Annex

II, or in Annex III, or in Annex VI, as the case may be.

(4) The terms ''Administration'' and ''the competent authority of

the Government of a Party'' as used in Annex I or in Annex II or in

Annex VI shall, with reference to Malta, and where the context so

requires, for the purposes of these regulations, mean the Registrar-

General.

(5) In Annex I or in Annex II, or in Annex VI, any reference to

''nominated surveyor'', ''persons or organisations duly authorized by

the Administration'' or ''recognized organization'' shall, for the

purposes of these regulations, with reference to Malta and where

the context so requires, be construed as reference to a surveyor of

ships or an organisation or body of surveyors appointed in terms of

article 367 of the Act, and duly authorized by the Registrar-

General.

These regulations shall apply to all Maltese ships and,

notwithstanding the provisions of Article 3(1) of the MARPOL

Convention but subject to the provisions of Article 3(3) of the said

convention, to all other ships while they are in Maltese waters as

determined by Annex I or Annex II or Annex III, or Annex VI, as

the case may be.

(1) Protocol I and Annex I, except for regulations 10(7)

and 12, and Annex II, except for regulation 7, and Annex III, as

may from time to time be in force, and Annex VI, except for

regulation 17, shall, unless otherwise provided in or in terms of

these regulations and notwithstanding the provision of any other

law, form part of and be enforceable as part of the Law of Malta

and shall apply to all Maltese ships and, notwithstanding the

provisions of Article 3(1) of the MARPOL Convention but subject

to the provisions of Article 3(3) of the said convention, to all other

ships while they are in Maltese waters as determined by the said

Annexes, and the reference to ''all ships'' in regulation 2(1) of

Annex I and in regulation 1 of Annex VI, ''all ships carrying

noxious liquid substances in bulk'' in regulation 2(1) of Annex II

and ''all ships carrying harmful substances in packaged form'' in

regulation 1(1) of Annex III shall be construed accordingly.

(2) The Registrar-General may either on a case by case basis or

through the issue of Merchant Shipping Notices -

(a) determine, lay down, prescribe, set or specify what

may be required to be determined, laid down,

prescribed, set or specified by these regulations, by the

MARPOL Convention, by Protocol I, by Annex I, by

Annex II , by Annex III or by Annex VI, or expound

on the requirements of these regulations or of such

Convention, Protocol, or Annexes or clarify their

applicability or interpretation; and

(b) extend any of the provisions of the MARPOL

Convention, Protocol I, Annex I, Annex II, Annex III

and Annex VI to other classes of Maltese ships or, to

other classes of ships while they are in Maltese waters,

and in so doing, and without prejudice to the

generality of the foregoing, the Registrar-General shall

be guided by the circulars, clarifications, codes,

decisions,

directives,

guidelines,

instruments,

interpretations,

manuals, notices, publications,

recommendations, regulations, resolutions, rules or

any other similar medium of the International

Maritime Organisation or any other body or

organization with an appropriate knowledge or

competence on the subject matter.

Save as provided for in these regulations, where any

provisions of any rules and regulations made under the Act are

inconsistent with the provisions of the MARPOL Convention or

Protocol I or Annex I or Annex II or Annex III or Annex VI, the

provisions of that Convention, Protocol and Annexes shall, unless

specifically provided for in such rules or regulations, apply.

(1) It shall be the duty of the owner, of the company which

has assumed the operation of the ship and of the master to ensure

that th e shi p i s in com pl ian ce wi th the pr ovi sion s of th ese

regulations and the applicable requirements of the MARPOL

Convention, Protocol I, Annex I, Annex II, Annex III and Annex

VI and such person shall, on conviction, be liable to a fine (multa)

as provided for in regulation 12 for each offence.

(2)

It shall be the duty of any person -

(a) to whom a direction is given in pursuance of these

regulations, the MARPOL Convention, Protocol I,

Annex I, Annex II, Annex III or Annex VI, or

(b) upon whom an obligation is imposed by these

regulations, by the MARPOL Convention, Protocol I,

Annex I, Annex II, Annex III or Annex VI,

to comply or ensure compliance with the provisions of these

regulations and the applicable requirements of the MARPOL

Convention, Protocol I, Annex I, Annex II, Annex III and Annex

VI and such person shall, on conviction, be liable to a fine (multa)

as provided for in regulation 12 for each offence.

(1) The Registrar-General, or an appropriate inspector,

may inspect any ship to which these regulations apply and if

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

these regulations and the applicable requirements of the MARPOL

Convention or Protocol I or Annex I or Annex II or Annex III or

Annex VI, the Registrar-General shall take such steps as are

considered necessary to ensure that the ship shall not sail until it

can proceed to sea without presenting an unreasonable threat of

harm to the marine environment and any expenses incurred therefor

shall be a charge on the ship, so however that the ship shall not be

unduly detained or delayed

Provided that the Registrar-General may permit the ship to

proceed to sea for the purpose of proceeding to the nearest

appropriate repair yard available

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

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

in re la ti on to suc h sh ip a va li d I n te rn at i on al O i l P o ll ut i on

Prevention Certificate in the form prescribed by Annex I and an

International Pollution Prevention Certificate for the Carriage of

Noxious Liquid Substances in Bulk in the form prescribed by

Annex II and the documentation prescribed by Annex III and an

International Air Pollution Prevention Certificate in the form

prescribed by Annex VI, as the case may be, unless there are clear

grounds for believing that the condition of the ship or its equipment

or its cargo does not correspond substantially with the particulars

of that certificate or documentation.

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

takes such steps as specified in subregulation (1), the Registrar-

General shall forthwith notify the maritime Administration and the

nearest maritime, consular or diplomatic representative of the flag

State of the ship.

(3) Upon receiving evidence that a ship to which these

regulations apply has discharged oil or an oily mixture or noxious

liquid substances or unassessed liquid substances carried in bulk or

a mixture containing such substances or has jettisoned any harmful

substances or has emitted any substance in violation of the

provisions of these regulations and of the MARPOL Convention or

Annex I or Annex II or Annex III or Annex VI, the Registrar-

General shall investigate the matter and may inspect the ship or

cause the ship to be inspected by an appropriate inspector or by any

other person duly authorised by the Registrar-General, and shall

inform the State which has reported the alleged violation as well as

the International Maritime Organization of the action taken

Provided that, if the investigation establishes a violation of

these regulations or of the MARPOL Convention or Annex I or

Annex II or Annex III or Annex VI, the owner or the company

which has assumed the operation of the ship and the master or any

other officer or member of the crew of the ship shall, on conviction,

be liable to a fine (multa) as provided for in regulation 12

Provided further that, in the case of a non-Maltese ship, if

the investigation indicates a violation of these regulations or of the

MARPOL Convention or Annex I or Annex II or Annex III or

Annex VI, the Registrar-General shall provide the flag State of the

ship with the report of such investigation and with evidence, if any,

of such violation.

(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.

If any person -

(a) intentionally alters a certificate issued or any marking,

labeling or documentation carried for the purposes of

the MARPOL Convention or Annex I or Annex II or

Annex III or Annex VI;

(b) falsely makes a certificate or any marking, labeling or

documentation referred to in the MARPOL

Convention or Annex I or Annex II or Annex III or

Annex VI;

(c) in connection with any survey required by the

MARPOL Convention or Annex I or Annex II or

Annex III or Annex VI knowingly or recklessly

furnishes false information;

(d) with intent to deceive, use, lend, or allow to be used by

another, a certificate or any marking, labeling or

documentation referred to in the MARPOL

Convention or Annex I or Annex II or Annex III or

Annex VI;

(e) fails to surrender a certificate or documentation to be

surrendered for the purposes of the MARPOL

Convention or Annex I or Annex II or Annex III or

Annex VI,

such person shall, on conviction, be liable to a fine (multa) as

provided for in regulation 12 for each offence.

(1) No Maltese oil tanker of 150 gross tonnage and above

and any other ship of 400 gross tonnage and above shall proceed or

attempt to proceed to sea on an international voyage unless there is

in force in respect of the ship an International Oil Pollution

Prevention Certificate.

(2) No Maltese ship carrying in bulk noxious liquid substances

or unassessed liquid substances shall proceed or attempt to proceed

to sea on an international voyage unless there is in force in respect

of the ship the relevant certificate referred to in regulations 11 and

12A of Annex II as appropriate.

(3) No Maltese ship of 400 gross tonnage and above shall

proceed or attempt to proceed to sea on an international voyage

unless there is in force in respect of the ship an International Air

Pollution Prevention Certificate.

(4) No oil tanker of 150 gross tonnage and above and any other

ship of 400 gross tonnage and above shall proceed or attempt to

proceed to sea on an international voyage from Maltese waters

unless there is in force in respect of the ship an International Oil

Pollution Prevention Certificate.

(5) No ship carrying in bulk noxious liquid substances or

unassessed liquid substances shall proceed or attempt to proceed to

sea on an international voyage from Maltese waters unless there is

in force in respect of the ship the relevant certificate referred to in

regulations 11 and 12A of Annex II as appropriate.

(6) No ship of 400 gross tonnage and above shall proceed or

attempt to proceed to sea on an international voyage from Maltese

waters unless there is in force in respect of the ship an International

Air Pollution Prevention Certificate.

(7) No Maltese ship wherever it is, or no other ship while it is

in Maltese waters, shall carry harmful substances except in

accordance with the provisions of Annex III.

(8) If a ship proceeds or attempts to proceed to sea on an

international voyage, in contravention of subregulations (1) to (7),

the master of the ship shall be liable to a fine (multa) as provided

for in regulation 12.

(9) The master of every ship to which the provisions of

subregulations (4) to (6) apply, shall produce to the officer from

whom a clearance for the ship is demanded, at the time a clearance

for the ship is demanded for a voyage from Malta to a port or place

outside Maltese waters, the certificates and documentation referred

to in the said subregulations to be in force when the ship proceeds

to sea on an international voyage, and a clearance shall not be

granted, and the ship may be detained, until the said certificate or

certificates are so produced.

(10) Where an exemption certificate issued for the purposes of

the MARPOL Convention or Annex I or Annex II in respect of a

ship specifies any conditions on which the certificate is issued and

any of those conditions is not complied with, such person shall, on

conviction, be liable to a fine (multa) as provided for in regulation

10. In the event of an incident referred to in Protocol I, in the

case of a Maltese ship, the same report required by that Protocol to

be made to the coastal State shall also be made to the Registrar-

General.

11. If a casualty occurs to -

(a) a Maltese ship wherever it may be; or

(b) to any ship and such casualty has occurred on the

coasts of Malta, including any port installation or ship

repair facility, or at sea within Maltese waters, and

such casualty produces a major deleterious effect upon

the marine environment,

a shipping casualty shall be deemed to have occurred for the

purposes of article 312 of the Act, and the provisions of articles

313 to 317 (both inclusive) of the Act shall apply mutatis mutandis.

12. If the owner, the company which has assumed the

operation of the ship, the master of the ship or any other person

contravenes the provisions of these regulations, such person shall,

on conviction, be liable to a fine (multa) as specified hereunder

(a) where there is a contravention of regulation 6(1), a

fine (multa) not exceeding five hundred units;

(b) where there is a contravention of regulation 6(2), a

fine (multa) not exceeding five hundred units;

(c) where there is a contravention of regulation 7(3), a

fine (multa) not exceeding ten thousand units;

(d) where there is a contravention of regulation 8, a fine

(multa) not exceeding five hundred units;

(e) where there is a contravention of regulation 9(8), a

fine (multa) not exceeding five hundred units;

(f)

where there is a contravention of regulation 9(10), a

fine (multa) not exceeding five hundred units;

(g) where there is a contravention of regulation 10, a fine

(multa) not exceeding five hundred units.