MERCHANT SHIPPING (PORT STATE CONTROL) REGULATIONS

SUBSIDIARY LEGISLATION 234.38

MERCHANT SHIPPING (PORT STATE CONTROL)

REGULATIONS

1st January, 2011 *

LEGAL NOTICE 64 of 2011, as amended by Legal Notices 25 and 156 of

2014 and 344 of 2019 and 37 of 2021.

(1) The title of these regulations is the Merchant Shipping

(Port State Control) Regulations.

(2) These regulations adopt the measures contained in Directive

2009/16/EC of the European Parliament and of the Council of 23 April

2009, in Directive 2013/38/EC of the European Parliament and of the

Council of 12 August 2013 in its up-to-date version, and in Regulation

(EC) No 725/2004 of the European Parliament and of the Council of 31

March 2004 on Enhancing Ship and Port Facility Security, in its up-to-

date version as far as its Article 8 and the Regulation 9 in its Annex I are

concerned.

(1)

In these regulations, unless the context otherwise

requires

''the Act'' means the Merchant Shipping Act;

''the competent authority'' in relation to Malta means the

Authority for Transport in Malta established under the Authority

for Transport in Malta Act and, in relation to any other State means

the national maritime administration maintained by that State for

the inspection of ships;

''the Community'' means the European Community;

''the Directive'' means Directive 2009/16/EC of the European

Parliament and of the Council of 23 April 2009, on Port State

control, in its up-to-date version;

''flag State'' means the State whose flag the ship is entitled to fly;

''inspector'' means a person duly authorized by the competent

a u t h o r i t y t o c a r r y o u t p o r t St a t e c o n t r o l i n s p e c t i o n s , a n d

responsible to that authority;

''Member State'' means a member State of the European Union;

''ship'' means any sea going vessel to which one or more of the

Conventions apply, flying a flag other than that of Malta.

(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

Directive.

*See regulation 1(2) of these Regulations, as originally promulgated.

(1) These regulations shall apply to any ship and her crew

calling at a port in Malta or anchored off such a port to engage in a

ship/port interface

Provided that nothing in these regulations shall affect the

rights of intervention available to any authority under any of the

relevant international Conventions or under any other convention.

(2)

These regulations shall not apply to -

(a) fishing vessels,

(b) warships,

(c) naval auxiliaries,

(d) wooden ships of a primitive build,

(e) government ships used for non-commercial purposes,

(f)

pleasure yachts not engaged in trade, or

(g) ships registered in Malta.

(3) In case of ships below 500 gross tonnage, the inspector

shall apply those requirements of a relevant Convention which are

applicable and shall, to the extent that a Convention does not apply

and without prejudice to any other powers under these regulations,

take such action as may be necessary to ensure that the ships

concerned are not clearly hazardous to safety, health or the

environment. In the application of this sub-regulation the inspector

shall be guided by Annex I to the Paris Memorandum of

Understanding.

(4) When inspecting a ship flying the flag of a State which is

not a party to a Convention, the treatment given to such ship and

her crew shall be no more favourable than that given to a ship

flying the flag of a State which is a party to that Convention or to

the crew of such a ship. Such ship shall be subject to a more

detailed inspection in accordance with procedures established by

the Paris Memorandum of Understanding.

(5) If the competent authority becomes aware of a clear

violation of Community law on board ships flying the flag of a

Member State, it shall in accordance with national law and practice,

forthwith inform any other relevant competent authority in order

for further action to be taken as appropriate.

(6) These regulations shall also apply to inspections of ro-ro

passenger ships and high-speed passenger craft carried out outside a

port or away from an anchorage during a regular service in accordance

with regulation 9A.

(1) The competent authority shall ensure that ships are

selected for inspection on the basis of their risk profile as described

in Annex I P art I to the D irective, and when overriding o r

unexpected factors arise in accordance with Annex I Part II 2A and

2B to the Directive.

(2)

In selecting ships for inspection, the competent authority -

(a) shall inspect all ships which are due for a mandatory

inspection, referred to as ''Priority I'' ships, in

accordance with the selection scheme described in

Annex I, Part II 3A to the Directive;

(b) may inspect ships which are eligible for inspection,

referred to as ''Priority II'' ships in accordance with

Annex I Part II 3B to the Directive

Provided that the total annual number of inspections of

Priority I and Priority II ships, correspond at least to the share of

the total number of inspections to be carried out annually within the

Paris Memorandum of Understanding region, calculated on the

number of individual ships calling at Maltese ports in relation to

the sum of the number of individual ships calling at ports of each

State within the Paris Memorandum of Understanding region

Provided further that -

(a) when the total number of calls of Priority I ships

exceeds the inspection share referred to above, the

competent authority shall carry out a number of

inspections on Priority I ships, corresponding to at

least that inspection share and no more than 30% of

the total number of Priority I ships calling at ports and

anchorages are not missed, in order to comply with

such commitment; and

(b) when the total number of Priority I and Priority II

ships, is less than the inspection share referred to

above, the competent authority shall carry out a

number of inspections on Priority I ships,

corresponding to at least that inspection share and

inspections on at least 85% of the total number of Priority

II ships calling at ports and anchorages.

(3) In the case of failure to carry out the inspections required

under sub-regulation (2), the inspection commitment is still

considered to be fulfilled in accordance with the provision unless

such missed inspections exceed

(a) 5% of the total number of Priority I ships with a high

risk profile calling at ports and anchorages, or

(b) 10% of the total number of Priority I ships, other than

those with a high risk profile calling at ports and

anchorages

Provided that notwithstanding the percentage in paragraphs

(a) and (b), the competent authority shall prioritise the inspection

of ships which, according to the information provided by the

inspection database, call at ports within the Community

infrequently, and for Priority I ships calling at anchorages, the

competent authority shall prioritise inspection of ships with a high

risk profile which, according to the information provided by the

inspection database, call at ports within the Community

infrequently.

(4) The competent authority may postpone the inspection of

Priority I ships if the inspection may be carried out in another port

of call within the Paris Memorandum of Understanding region

within fifteen days

Provided that the State in which such port of call is located

has agreed in advance to perform the inspection and this is recorded

in the inspection database.

(5) Where an inspection is not performed on Priority I ships for

operational reasons, it shall not be counted as a missed inspection

Provided that the reason for missing the inspection is

recorded in the inspection database, and the following exceptional

circumstances occur

(a) in the judgment of the competent authority the conduct

of the inspection would create a risk to the safety of

inspectors, the ship, its crew or to the port or to the

marine environment; or

(b) the ship call takes place only during night time; in

such case necessary measures shall be taken to ensure

that the ships which call regularly during night time

are inspected as appropriate.

(6) If an inspection is not performed on a ship at anchorage, it

shall not be counted as a missed inspection if

(a) the ship is inspected in another port or anchorage

within the Community or the Paris Memorandum of

Understanding region in accordance with Annex I to

the Directive within fifteen days; or

(b) the ship call takes place only during night time or its

duration is too short for the inspection to be carried out

satisfactorily, and the reason for missing the inspection

is recorded in the inspection database; or

(c) in the judgment of the competent authority the conduct

of the inspection would create a risk to the safety of

inspectors, the ship, its crew or port, or to the marine

environment, and the reason for missing the inspection

is recorded in the inspection database.

(1) The operator, agent or master of a ship which, in

accordance with regulation 9 is eligible for an expanded inspection

and bound for a port or anchorage in Malta, shall notify its arrival

in accordance with the provisions laid down in Annex III to the

Directive.

(2) On receipt of the notification referred to in sub-regulation

(1) and in Article 4 of Directive 2002/59/EC of the European

Parliament and of the Council of 27 June 2002 establishing a

Community vessel traffic monitoring and information system, the

port authority or body or the authority or body designated for that

purpose shall forward such information to the competent authority.

(1) The competent authority shall attribute a ship risk

profile to all ships calling at a port or anchorage in the inspection

database, determining their respective priority for inspection, the

intervals between the inspections and the scope of inspections.

(2) The risk profile of a ship shall be determined by a

combination of generic and historical risk parameters as follows

(a) generic parameters shall be based on the type, age,

flag, recognised organisations involved and company

performance in accordance with Annex I Part I.1 and

Annex II to the Directive;

(b) historical parameters shall be based on the number of

deficiencies and detentions during a given period in

accordance with Annex I, Part I.2 and Annex II to the

Directive.

Ships calling at ports or anchorages within the Community

shall be subject to periodic inspections or to additional inspections

as follows

(a) ships shall be subject to periodic inspections at

predetermined intervals depending on their risk profile

in accordance with Annex I Part I to the Directive. The

interval between periodic inspections of ships shall

increase as the risk decreases; for high risk ships, this

interval shall not exceed six months; and

(b) ships shall be subject to additional inspections

regardless of the period since their last periodic

inspection as follows

(i)

the competent authority shall ensure that ships to

which overriding factors listed in Annex I Part II

2A to the Directive, apply are inspected,

(ii) ships to which unexpected factors listed in

Annex I Part II 2B to the Directive, apply may

be inspected; the decision to undertake such an

additional inspection is left to the professional

judgment of the competent authority.

The competent authority shall ensure that ships which are

selected for inspection in accordance with regulations 4(1) and (2) or

regulation 9A are subject to an initial inspection or a more detailed

inspection as follows

(a) on each initial inspection of a ship, the competent

authority shall ensure that the inspector, as a

minimum

(i)

checks the certificates and documents listed in

Annex IV to the Directive required to be kept on

board in accordance with Community maritime

legislation and Conventions relating to safety

and security;

(ii) verifies, where appropriate, whether outstanding

deficiencies found during the previous

inspection carried out by a Member State or by a

State signatory to the Paris Memorandum of

Understanding have been rectified;

(iii) satisfies himself of the overall condition of the

ship, including the hygiene of the ship, including

engine room and accommodation;

(b) when, after an inspection referred to in paragraph (a),

deficiencies to be rectified at the next port of call have

been recorded in the inspection database, the

competent authority of such next port may decide not

to carry out the verifications referred to in paragraph

(a)(i) and (iii);

(c) whenever there are clear grounds for believing, after

the inspection referred to in paragraph (a), that the

condition of a ship or of its equipment or crew does

not substantially meet the relevant requirements of a

Convention, a more detailed inspection shall be carried

out, including further checking of compliance with on-

board operational requirements;

(d) for the purposes of paragraph (c), ''clear grounds'' exist

when the inspector finds evidence which in his

professional judgment warrants a more detailed

inspection of the ship, its equipment or its crew

provided that, without prejudice to its generality, the

term ''clear grounds'' includes, the circumstances set

out in Annex V to the Directive.

(1) The following categories of ships are eligible to an

expanded inspection in accordance with Annex I Part II 3A and 3B

to the Directive

(a) ships with high risk profile,

(b) passenger ships, oil tankers, gas or chemical tankers or

bulk carriers, older than twelve years of age,

(c) ships subject to a re-inspection following a refusal of

access order issued in accordance with regulation 11.

(2) The operator or master of the ship shall ensure that

sufficient time is available in the operating schedule to allow the

expanded inspection to be carried out

Provided that, without prejudice to control measures

required for security purposes, the ship shall remain in the port

until the inspection is completed.

(3) On receipt of a pre-notification provided by a ship eligible

for a periodic expanded inspection, the competent authority shall

inform the ship if no expanded inspection is to be carried out.

(4) The scope of an expanded inspection, including the risk

areas to be covered, is set out in Annex VII to the Directive.

(1) Ro-ro passenger ships and high-speed passenger craft

operating on a regular service are eligible for inspections in

accordance with the time-frame and other requirements set out in

Annex XVII of the Directive.

(2) The competent authority shall, when planning inspections

of a ro-ro passenger ship or high-speed passenger craft, take due

account of the operational and maintenance schedule of the ro-ro

passenger ship or high-speed passenger craft.

(3) When a ro-ro passenger ship or high-speed passenger craft

has been subject to an inspection in accordance with Annex XVII

of the Directive, such inspection shall be recorded in the inspection

database, and shall be taken into account for the purposes of

regulations 4, 6 and 7.

(4) Regulations 5(1), 7(a) and regulation 9 shall not apply to

ro-ro passenger ships and high-speed passenger craft on a regular

service inspected under this regulation.

(5) The competent authority shall ensure that the ro-ro

passenger ships or high-speed passenger craft that are subject to an

additional inspection in accordance with regulation 7(b) are

selected for inspection in accordance with Annex I, Part II 3A(c)

and 3B(c) of the Directive. Inspections carried out under this sub-

regulation shall not affect the inspection interval provided for in

paragraph 2 of Annex XVII of the Directive.

(6) The competent authority may agree to be accompanied,

during an inspection of a ro-ro passenger ship or high-speed

passenger craft, by an inspector of another Member State acting as

an observer. Where the flag of the vessel is that of a Member State,

the competent authority shall, upon request, invite a representative

of the flag State to accompany the inspection as an observer.

(1) When carrying out inspections, inspectors shall follow

the procedures and guidelines specified in Annex VI to the

Directive.

(2) As far as security checks are concerned, the competent

authority shall apply Article 8 of Regulation (EC) No 725/2004 and

the relevant procedures set out in Annex VI to the Directive to all ships

referred to in Articles 3(1), 3(2) and 3(3) of Regulation (EC) No 725/

2004 of the European Parliament and of the Council, calling at Maltese

ports and anchorages, unless they fly the Maltese flag.

(1)The competent authority shall refuse access to any port

or anchorage in Malta to a ship which

(a) flies the flag of a State whose detention rate falls into

the black list, adopted in accordance with the Paris

MOU on the basis of information recorded in the

inspection database and published annually by the

Commission, and has been detained more than twice in

the course of the preceding 36 months in a port or

anchorage of a Member State or of a State signatory of

the Paris MOU, except in the situations described in

regulation 16(8); or

(b) flies the flag of a State whose detention rate falls into

the grey list, adopted in accordance with the Paris

MOU on the basis of information recorded in the

inspection database and published annually by the

Commission, and has been detained more than twice in

the course of the preceding 24 months in a port or

anchorage of a Member State or of a State signatory of

the Paris MOU

Provided that the refusal of access shall be applicable as

soon as the ship leaves the port or anchorage where it has

been the subject of a third detention and where a refusal

of access order has been issued.

(2) The refusal of access in accordance with sub-regulation (1)

shall become applicable as soon as the ship has been authorised to

leave the port or anchorage where it has been the subject of a third

detention and where a refusal of access order has been issued.

(3) The refusal of access order shall be lifted only after a

period of three months has passed from the date of issue of the

order and when the conditions in paragraphs 3 to 9 of Annex VIII

to the Directive are met

Provided that when a ship is subject to a second refusal of

access, such period shall be of twelve months.

(4) In the case a ship is subject to any subsequent detention in a

port or anchorage within the Community, such ship shall not be

granted access to any port and anchorage within the Community.

This third refusal of access order may be lifted after a period of

twenty-four months has passed from the issue of the order and only

if

(a) the ship flies the flag of a State whose detention rate

falls neither into the black list nor the grey list referred

to in sub-regulation (1);

(b) the statutory and classification certificates of the ship

are issued by an organisation or organisations

recognised under Regulation (EC) No 391/2009 of the

European Parliament and of the Council of 23 April

2009 on common rules and standards for ship

inspection and survey organisations;

(c) the ship is managed by a company with a high

performance according to Annex I Part I.1 to the

Directive; and

(d) the conditions in paragraphs 3 to 9 of Annex VIII to

the Directive are met

Provided that any ship not meeting the criteria specified in

this sub-regulation, after a period of twenty-four months has passed

from the issue of the order, shall be permanently refused access

to any port and anchorage within the Community.

(5) Any subsequent detention in a port or anchorage within the

Community after the third refusal of access shall result in the ship

being permanently refused access to any port and anchorage within

the Community.

On completion of an inspection, a more detailed inspection

or an expanded inspection, the inspector shall draw up a report in

accordance with Annex IX to the Directive and a copy of the

inspection report shall be provided to the ship’s master

Provided that where, following a more detailed inspection,

the living and working conditions on the ship are found not to

conform to the requirements of the Merchant Shipping (Maritime

Labour Convention) Rules, the inspector shall forthwith bring the

deficiencies to the attention of the master of the ship, with required

deadlines for their rectification.

In the event that the inspector considers such deficiencies

to be significant, or if they relate to a possible complaint under

point 19 of Part A of Annex V of the Directive, the inspector shall

also bring the deficiencies to the attention of the appropriate

seafarers’ and shipowners’ organisations in Malta, and may

(a) notify a representative of the flag State;

(b) provide the competent authorities of the next port of

call with the relevant information.

(1) Any deficiencies confirmed or revealed during an

inspection shall be rectified in accordance with the Conventions to

the satisfaction of the competent authority.

(2)

(a) In the case of deficiencies which are clearly hazardous

to safety, health or the environment, the competent

authority shall order the ship to be detained, or shall

order the operation in the course of which the

deficiencies are revealed to be stopped.

(b) A detention order or an order for the stoppage of an

operation may include a direction that a ship shall

remain in a particular place, or shall move to a

particular anchorage or berth, and may also specify

circumstances when the master of a ship may move his

ship from a specified place for reasons of safety or

prevention of pollution.

(c) A detention order or an order for the stoppage of an

operation shall not be lifted until the hazard is

removed or until the competent authority establishes

that the ship can, subject to any necessary conditions,

proceed to sea or the operation be resumed without

risk to the safety and health of passengers or crew, or

risk to other ships, or without there being an

unreasonable threat of harm to the marine

environment.

(d) Where deficiencies as referred to in this sub-regulation

are found and cannot be rectified in the port of

detention, the relevant provisions of regulation 16

shall apply.

(e) In the case of living and working conditions on board

which are clearly hazardous to the safety, health or

security of seafarers or deficiencies which constitute a

serious or repeated breach of the Merchant Shipping

(Maritime Labour Convention) Rules, requirements,

the competent authority shall detain the ship or shall

stop the operation in the course of which the

deficiencies are revealed.

The detention order or stoppage of an operation shall

not be lifted until those deficiencies have been

rectified or if the competent authority has accepted a

plan of action to rectify those deficiencies and it is

satisfied that the plan will be implemented in an

expeditious manner. Prior to accepting a plan of

action, the competent authority may consult the flag

State.

(3) When exercising his professional judgement as to whether

or not a ship is to be detained, the inspector shall apply the criteria

set out in Annex X to the Directive.

(4) A ship shall be detained if not equipped with a functioning

voyage data recorder, when use of such recorder is compulsory in

accordance with Directive 2002/59/EC. If such deficiency cannot

be readily rectified in the port of detention, the competent authority

may either allow the ship to proceed to the nearest appropriate

repair yard where it shall be readily rectified or require that the

deficiency is rectified within a maximum period of thirty days. For

these purposes, the procedures laid down in regulation 16 shall

apply.

(5) In exceptional circumstances, where the overall condition

of a ship is obviously substandard, the competent authority may

suspend the inspection of that ship until the responsible parties

have taken the steps necessary to ensure that it complies with the

relevant requirements of the Conventions, and in the meantime the

ship shall be considered to be detained.

(6) Without prejudice to any other requirement in the

Convention enactments, in the event of detention, the competent

authority shall immediately inform, in writing and including the

report of inspection, the flag State administration or, when this is

not possible, the Consul or, in his absence, the nearest diplomatic

representative of that State, of all the circumstances in which

intervention was deemed necessary. In addition, nominated

surveyors or recognised organizations responsible for the issue of

classification certificates or statutory certificates in accordance

with Conventions shall also be notified where relevant.

Moreover, if a ship is prevented from sailing due to serious

or repeated breach of the requirements of the Merchant Shipping

(Maritime Labour Convention) Rules or due to the living and

working conditions on board being clearly hazardous to the safety,

health or security of seafarers, the competent authority shall

forthwith notify the flag State accordingly and invite a

representative of the flag State to be present, if possible, requesting

the flag State to reply within a prescribed deadline. The competent

authority shall also inform forthwith the appropriate seafarers’ and

shipowners’ organisations in Malta.

(7) When exercising port State control under these regulations,

all possible efforts shall be made to avoid a ship being unduly

detained or delayed. If a ship is unduly detained or delayed, the

owner or operator shall be entitled to compensation for any loss or

damage suffered. In any instance of alleged undue detention or

delay the burden of proof shall lie with the owner or operator of the

ship.

(1) The competent authority shall subject all complaints to

a rapid initial assessment. If it is determined that a complaint is

justified, the competent authority shall take the necessary action, in

particular, ensuring that anyone directly concerned by that

complaint may make their views known.

(2) Where the competent authority deems the complaint to be

manifestly unfounded, it shall inform the complainant of its

decision and of the reasons therefor.

(3) The identity of the complainant shall not be revealed to the

master or the shipowner of the ship concerned. The inspector shall

take appropriate steps to safeguard the confidentiality of

complaints made by seafarers, including ensuring confidentiality

during any interviews of seafarers.

(4) A complaint by a seafarer alleging a breach of the

requirements of the Merchant Shipping (Maritime Labour

Convention) Rules may be reported to the competent authority in

Malta. In such cases, the competent authority shall undertake an

initial investigation.

(5) Where appropriate, given the nature of the complaint, the

initial investigation shall include consideration of whether the on-

board complaint procedures provided for in the Merchant Shipping

(Maritime Labour Convention) Rules have been pursued. The

competent authority may also conduct a more detailed inspection in

accordance with regulation 8.

(6) The competent authority shall, where appropriate, seek to

promote a resolution of the complaint at the ship-board level.

(7) In the event that the investigation or the inspection reveals

non-conformities that fall within the scope of regulation 13, that

regulation shall apply.

(8) Where sub-regulation (7) does not apply and a complaint by

a seafarer related to matters covered by the Merchant Shipping

(Maritime Labour Convention) Rules has not been resolved at the

ship-board level, the competent authority shall forthwith notify the

flag State, seeking, within a prescribed deadline, advice and a

corrective plan of action to be submitted by the flag State.

(9) Where the complaint has not been resolved following action

taken in accordance with sub-regulation 8, the competent authority

shall transmit a copy of the report to the Director-General of the

International Labour Office. The report shall be accompanied by

any reply received within the prescribed deadline from the

competent authority of the flag State. The appropriate seafarers’

and shipowners’ organisations in Malta shall be similarly informed.

In addition, statistics and information regarding complaints that

have been resolved shall be regularly submitted by Malta to the

Director-General of the International Labour Office.

Such submissions are provided in order that, on the basis of

such action as may be considered appropriate and expedient, a

record is kept of such information and brought to the attention of

parties, including seafarers’ and shipowners’ organisations, which

might be interested in availing themselves of relevant recourse

procedures.

(1) Subject to the provisions of this regulation, the owner

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

right of appeal against a decision for detention or refusal of access

taken by the competent authority.

(2) The competent authority shall properly inform the master of

a ship referred to in sub-regulation (1), of the right of appeal.

(3) An appeal shall not cause the detention or refusal of access

to be suspended.

(4) An appeal against a decision for detention or refusal of access

may be made before the Courts of Justice, in accordance with the

provisions of the Code of Organization and Civil Procedure.

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

filed within twenty days of the service of the order of detention or

stoppage of operation or the day of refusal of access, as the case

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

reply thereto within ten days of notification.

(6) If the owner or the operator of a ship or his representative

in Malta shows to the satisfaction of the Court that -

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

relevant inspector’s opinion, and

(b) there were no reasonable grounds for the inspector to

form that opinion,

the Court may award the owner such compensation in respect of

any actual loss suffered by him in consequence of the detention or

refusal of access as it deems fit.

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

specified in sub-regulation (6) shall lie with the owner or the

operator of a ship or his representative in Malta, as the case may be.

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

to any matters not specified in the order of detention or refusal of

access order that appears to it to be relevant as to whether the ship

was or was not liable to be detained or refused access.

(9) Where the Court decides that the matter did not constitute a

valid basis for the inspector’s opinion, it shall either cancel the

order of detention or refusal of access or shall affirm the order with

such modifications as it may in the circumstances deem fit.

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

not a valid basis for the order of detention or refusal of access.

(11) When as a result of an appeal or of a request made by the

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

detention order or refusal of access order is revoked or amended,

the competent authority shall ensure that

(a) the inspection database is amended accordingly

without delay, and

(b) within twenty-four hours of such decision, that the

information is published in accordance with Annex

XIII to the Directive.

(1) Where deficiencies referred to in regulation 13(2)

cannot be rectified in Malta, the competent authority may allow the

ship concerned to proceed without undue delay, to the appropriate

repair yard nearest to the port of detention, as chosen by the master

and the authorities concerned, where follow-up action can be taken,

provided that the conditions determined by the competent authority

of the flag State and agreed to by the competent authority are

complied with. Such conditions shall ensure that the ship can

proceed without risk to the safety and health of passengers or crew,

or risk to other ships, or without there being an unreasonable threat

of harm to the marine environment

Provided that when the decision to send a ship to a repair

yard is due to a lack of compliance with IMO Resolution A.

744(18), either with respect to a ship’s documentation or with

res p e c t to a s hi p’s st ru c tu ral f a i lur e s and d e fi c ien c ie s , th e

competent authority may require that the necessary thickness

measurements be carried out in the port of detention before the ship

is allowed to sail.

(2) In the circumstances referred to in sub-regulation (1), the

competent authority shall notify the competent authority of the

State where the repair yard is situated, the parties mentioned in

regulation 13(6) and any other authority as appropriate of all the

conditions for the voyage.

(3) When the competent authority receives a notification

analogous to the one referred to in sub-regulation (1) from the

competent authority of another State, it shall inform the notifying

authority of the action taken.

(4) The competent authority shall take measures to ensure that

ships that proceed to sea from a port in any other Member State in

circumstances analogous to those referred to in sub-regulation (1) -

(a) without complying with the conditions determined by

the competent authority in the port of inspection; or

(b) which refuse to comply with the applicable

requirements of the Conventions by not calling into

the indicated repair yard,

are refused access to any port in Malta, until the owner or operator

has provided evidence to the satisfaction of the competent authority

of the port of inspection where the ship was found to be deficient

that the ship fully complies with all applicable requirements of the

Conventions.

(5) If a ship proceeds to sea from a port in Malta without

complying with the conditions determined by the competent

authority in accordance with sub-regulation (4)(a), the competent

authority shall immediately alert the competent authorities of all

the other Member States.

(6) If a ship to which sub-regulation (4)(b) applies is to

proceed to a repair yard in Malta, but fails to call into the indicated

repair yard, the competent authority shall immediately alert the

competent authorities of all the other Member States.

(7)

Before denying entry pursuant to circumstances analogous

to those referred to in sub-regulations (5) and (6), the competent

authority may request consultations with the flag administration of

the ship concerned.

(8) Notwithstanding the provisions of sub-regulation (4),

access to a port in Malta may be permitted by the competent

authority in the event of force majeure or overriding safety

considerations, or to reduce or minimise the risk of pollution or to

have deficiencies rectified, provided adequate measures to the

satisfaction of the competent authority have been implemented by

the owner, the operator or the master of the ship to ensure safe

entry.

(1) Inspections under these regulations, and security checks

in terms of Article 8 of Regulation (EC) No 725/2004, shall be carried

out only by inspectors who fulfil the qualification criteria specified in

Annex XI to the Directive and who are authorised to carry out port

State control by the competent authority.

(2) When the required professional expertise cannot be

p r o v i d e d b y t h e c o m p e t e n t a u t h o r i t y, t he i n s p e c t o r o f t h a t

competent authority may be assisted by any person with the

required expertise.

(3) The inspectors carrying out port State control, and security

checks in terms of Article 8 of Regulation (EC) No 725/2004, and the

persons assisting them shall have no commercial interest either in the

port of inspection or in the ships inspected, nor shall the inspectors be

employed by, or undertake work on behalf of, non-governmental

organisations which issue statutory and classification certificates or

which carry out the surveys necessary for the issue of those certificates

to ships.

(4) Each inspector shall carry a personal document in the form

of an identity card issued by the competent authority indicating that

the inspector is authorised to carry out inspections.

(1) Pilots of Malta, engaged in berthing or unberthing of

ships or engaged on ships bound for a port or in transit within

Malta shall immediately inform the competent authority whenever

they learn in the course of their normal duties that there are

apparent anomalies which may prejudice the safe navigation of the

ship, or which may pose a threat of harm to the marine

environment.

(2) If port authorities, in the course of their normal duties,

learn that a ship within their port has apparent anomalies which

may prejudice the safety of the ship or poses an unreasonable threat

of harm to the marine environment, such authority shall

immediately inform the competent authority about such

deficiencies.

(3) The pilots or port authorities referred to in sub-regulations

(1) and (2) shall report at least the following information, in

electronic format whenever possible

(a) ship information (name, IMO identification number,

call sign and flag),

(b) sailing information (last port of call, port of

destination),

(c) a description of apparent anomalies found on board.

(4) The competent authority shall ensure that proper follow-up

action is taken on apparent anomalies notified by pilots and port

authorities or bodies and shall record the details of action taken.

The port authorities, other relevant authorities and other

commercial organisations shall cooperate with the competent

authority in order that the com petent aut hority obt ai ns th e

following information

(a) information notified in accordance with regulation 9

and Annex III to the Directive,

(b) information concerning ships which have failed to

notify any information according to the requirement of

the Directive and to Directive 2000/59/EC of the

European Parliament and of the Council of 27

November 2000 on port reception facilities for ship-

generated waste and cargo residues and Directive

2002/59/EC, as well as, if appropriate, with Regulation

(EC) No 725/2004,

(c) information concerning ships which have proceeded to

sea without having complied with Articles 7 or 10 of

Directive 2000/59/EC,

(d) information concerning ships which have been denied

entry or expelled from port on security grounds,

(e) information on apparent anomalies in accordance with

regulation 18.

The competent authority shall provide the European

Commission with the information listed in Annex XIV to the

Directive, at the intervals stated therein.

(1) In the event that the inspections referred to in

regulations 8 and 9 confirm or reveal deficiencies in relation to the

requirements of a Convention warranting the detention of a ship, all

costs relating to the inspections in any normal accounting period

shall be covered by the shipowner or the operator of a ship or by his

representative in Malta.

(2) All costs relating to inspections carried out by the

competent authority under the provisions of regulation 11 shall be

charged to the owner or operator of the ship.

(3) In the case of detention of a ship all costs relating to the

detention in port shall be borne by the owner or operator of the

ship.

(4) The detention or stoppage of operation shall not be lifted

until full payment is made or a sufficient guarantee is given for

reimbursement and payment of the costs.

(1) Where any order for the detention of a ship or for

stoppage of operation of a ship is breached, the owner or operator

of a ship and her master shall each be guilty of an offence and shall

for each offence be liable to a fine (multa) not exceeding one

thousand units.

(2)

Where a ship -

(a) fails to proceed to a repair yard as specified in

accordance with regulation 16(1) or breaches any of

the conditions which may have been imposed

thereunder, or

(b) enters a port in breach of a refusal of access to enter

port,

the owner or operator of the ship and her master shall each be

guilty of an offence and shall for each offence be liable to a fine

(multa) not exceeding one thousand units.

(3) Where any person fails to comply with the provisions of

regulation 5(1) and with those of regulation 18, such person shall

be guilty of an offence in each case and shall for each offence be

liable to a fine (multa) not exceeding one thousand units.

(4) Any person who obstructs an inspector or any person

assisting the inspector shall be guilty of an offence and shall for

each offence be liable to a fine (multa) not exceeding five hundred

units.