MERCHANT SHIPPING (INSURANCE FOR MARITIME CLAIMS) REGULATIONS

MERCHANT SHIPPING

[ S.234.50

(INSURANCE FOR MARITIME CLAIMS)

SUBSIDIARY LEGISLATION 234.50

MERCHANT SHIPPING (INSURANCE FOR

MARITIME CLAIMS) REGULATIONS

1st January, 2012 *

LEGAL NOTICE 484 of 2011.

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

(Insurance for Maritime Claims) Regulations.

(2) These regulations adopt the measures contained in

Directive 2009/20/EC of the European Parliament and of the

Council of 23 April 2009 on the insurance of shipowners for

maritime claims.

(1)

In these regulations unless the context otherwise

requires -

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

''competent authority'' means the Authority for Transport in

Malta established under the Authority for Transport in Malta Act;

''insurance'' means insurance with or without deductibles, and

comprises, for example, indemnity insurance of the type currently

provided by members of the International Group of P & I Clubs,

and other effective forms of insurance (including proved self

insurance) and financial security offering similar conditions of

cover;

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

article 3 of the Act;

''ship owner'' means the registered owner of a seagoing ship, or

any other person such as the bareboat charterer who is responsible

for the operation of the ship.

(1) These regulations shall apply to ships of 300 gross

tonnage or more.

(2)

These regulations shall not apply to -

(a) warships,

(b) auxiliary warships, or

(c) government ships used for non-commercial purposes.

(1) No Maltese ship shall proceed or attempt to proceed to

sea unless there is in force in respect of the ship an insurance cover

as referred to in sub-regulation (3).

(2) No ship shall be allowed in Maltese ports unless there is in

force in respect of the ship an insurance cover as referred to in sub-

regulation (3).

*see regulation 1(2) as originally promulgated.

MERCHANT SHIPPING

(INSURANCE FOR MARITIME CLAIMS)

(3) The insurance referred to in sub-regulations (1) and (2)

shall cover maritime claims subject to limitation under the

Merchant Shipping (Limitation of Liability for Maritime Claims)

Regulations. The amount of the insurance for each and every ship

per incident shall be equal to the relevant maximum amount for the

limitation of liability, as laid down in the said regulations.

(1) Any inspection of a ship in a port in Malta, in

accordance with the Merchant Shipping (Port State Control)

Regulations, shall include a verification that a certificate referred

to in regulation 6 is carried on board.

(2) If the certificate referred to in regulation 6 is not carried on

board, and without prejudice to the Merchant Shipping (Port State

Control) Regulations, the competent authority may issue an

expulsion order to the ship which shall be notified to the

Commission, the other Member States and the flag State concerned.

(3) When a notification of an expulsion order, is received from

another Member State, the ship in question shall be refused access

into any Maltese port, until such time when a notification is

received from the owner that an insurance certificate referred to in

regulation 6 is issued in respect of the ship.

(1) The existence of the insurance referred to in regulation

4 shall be proved by one or more certificates issued by its provider

and carried on board the ship.

(2) The certificates issued by the insurance provider shall

include the following information

(a) name of ship, its IMO number, and port of registry;

(b) shipowner’s name and principal place of business;

(c) type and duration of the insurance;

(d) name and principal place of business of the provider of

the insurance and, where appropriate, the place of

business where the insurance is established.

Where any person fails to comply with the provisions of

these regulations, such person shall be guilty of an offence and

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