MERCHANT SHIPPING (MONITORING, REPORTING AND VERIFICATION OF CARBON DIOXIDE EMISSIONS FROM MARITIME TRANSPORT)

VERIFICATION OF CARBON DIOXIDE EMISSIONS FROM

MARITIME TRANSPORT)

SUBSIDIARY LEGISLATION 234.54

MERCHANT SHIPPING (MONITORING, REPORTING

AND VERIFICATION OF CARBON DIOXIDE

EMISSIONS FROM MARITIME TRANSPORT)

REGULATIONS

1st January, 2018

LEGAL NOTICE 191 of 2017, as amended by Legal Notice 73 of 2024.

The title of these regulations is the Merchant Shipping

(Monitoring, Reporting and Verification of Carbon Dioxide

Emissions from Maritime Transport) Regulations.

(2) These regulations establish a 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 the 29 April 2015, on the monitoring, reporting and

verification of carbon dioxide emissions from maritime transport, and

amending Directive 2009/16/EC, in its up to date version, hereinafter

referred to as "the EU Regulation".

(1)

In these regulations, unless the context

otherwise requires: –

"the Act" means the Merchant Shipping Act;

"appropriate inspector" shall have the same meaning as

is assigned to it in article 154 of the Act;

"competent authority" means the Authority for

Transport in Malta established by article 5 of the Authority for

Transport in Malta Act and, in relation to other States means

the national maritime administration maintained by those

States;

"EU Member State" means the Member States of the

European Union and the Member States of the European

Economic Area;

"Maltese Ships" shall have the same meaning as is

assigned to it in article 3(1) of the Act ;

"Registrar General" shall have the same meaning as

assigned to it in the Act;

(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 EU

Regulation.

VERIFICATION OF CARBON DIOXIDE EMISSIONS FROM

MARITIME TRANSPORT)

(1)

These regulations shall apply to

Application.

Amended by: 

L.N. 73 of 2024.

(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.

(2)

These regulations shall not apply to

(a)

warships;

(b)

naval auxiliaries;

(c)

fish-catching or fish-processing ships;

(d)

wooden ships of a primitive build;

(e)

ships not propelled by mechanical means; or

(f)

government ships used for non-commercial

purposes.

(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

VERIFICATION OF CARBON DIOXIDE EMISSIONS FROM

MARITIME TRANSPORT)

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.

A ship to which these regulations apply shall not enter or

leave a port in Malta, nor, if the ship is a Maltese ship, a port in any

other European Union Member State, unless a valid document of

compliance issued in terms of Article 17 of the EU Regulation,

attesting that the requirements of the EU Regulation for the relevant

reporting period is carried onboard.

It shall be the duty of the company to ensure that the

ship is in compliance with the provisions of these regulations and the

applicable requirements of the EU Regulation.

Failure by the company to comply with the provisions of

these regulations shall constitute an offence. Such person shall, on

conviction, be liable to a fine (multa) not exceeding five thousand

(5,000) units.

(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 EU

Regulation, the Registrar General shall take such steps as are

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

be ensured that the ship is in compliance with the provisions of these

regulations and the applicable requirements of the EU Regulation

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.

(2)

In the case of a non-Maltese ship, if the Registrar

VERIFICATION OF CARBON DIOXIDE EMISSIONS FROM

MARITIME TRANSPORT)

General takes such steps as specified in sub-regulation (1) hereof, the

Registrar General shall forthwith notify the ship’s flag State

competent Authority; consular or diplomatic representative of the

flag State of the ship.

(3) Where sub-regulation (2) applies, the Registrar General

shall also notify all relevant accredited verifiers responsible for the

issue of the document of compliance.

(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.

In the case of ships that have failed to comply with the

provisions of these regulations for two or more consecutive reporting

periods, and where other enforcement measures have failed to ensure

compliance, an expulsion order in terms of article 20 of the EU

Regulation may be issued by the competent authority.

(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 an expulsion order issued by the

competent authority.

(2) An appeal shall not cause the relevant measure taken to

be suspended.

(3) An appeal may be made by means of an application

before the Court of Appeal (Inferior Jurisdiction).

(4) An appeal for the purpose of sub-regulation (3) shall be

filed within twenty days of the imposition of the measure, as the case

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

reply thereto within ten days of notification.

(5)

If the appellant shows to the satisfaction of the Court

that

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

relevant action taken; and

(b) there were no reasonable grounds for that action,

the Court may award such compensation in respect of any actual

loss suffered in consequence of the measure as it deems fit.

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

specified in sub-regulation (5) shall lie with the appellant, as the case

may be.

VERIFICATION OF CARBON DIOXIDE EMISSIONS FROM

MARITIME TRANSPORT)

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

decision, to any matters not specified in the expulsion order that

appears to it to be relevant as to whether the ship was or was not

liable.

(8)

Where the Court decides that the matter did not

constitute a valid basis for the action taken, it shall either cancel or

shall affirm the measure.

(9)

The Court shall include in its findings whether there

was or not a valid basis for the action taken.

Where another EU Member State has informed the

competent authority that it has issued an expulsion order in respect of

a ship in accordance with Article 20 of the EU Regulation, the

competent authority shall refuse that ship entry to any port in Malta

until the company fulfils its monitoring and reporting obligations in

terms of the EU Regulation.