MERCHANT SHIPPING (SHIP RECYCLING) REGULATIONS (shiprecycling)

MERCHANT SHIPPING (SHIP RECYCLING)

SUBSIDIARY LEGISLATION 234.56

MERCHANT SHIPPING (SHIP RECYCLING)

REGULATIONS

31 st December, 2018

LEGAL NOTICE 442 of 2018

(1)

The title of these regulations is the Merchant

Shipping (Ship Recycling) Regulations.

(2)

These regulations establish a system of penalties for

failure to comply with the obligations set out in Regulation (EU) No

1257/2013 of the European Parliament and of the Council of 20

November 2013 on ship recycling and amending Regulation (EC) No

1013/2006 and Directive 2009/16/EC, as may be amended from time

to time, 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;

"EU ship" means a ship flying the flag of a Member

State of the European Union or the European Economic Area;

"Maltese ship" shall have the same meaning as is

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

"Registrar-General" means the Registrar-General of

Shipping and Seamen appointed under article 363 of the Act

and includes any person acting under his authority;

(2)

Unless otherwise defined in the Act or 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.

(1)

These regulations shall apply to Maltese ships

wherever they may be and to all other EU ships calling at a port in

Malta

Provided that, for the purposes of Article 12 of the EU

Regulation, these regulations shall also apply to non-EU ships calling

at a port or anchorage in Malta.

(2)

These regulations shall not apply to

(a)

any warships, naval auxiliary, or other ships

owned or operated by a state and used, for the time being, only

MERCHANT SHIPPING (SHIP RECYCLING)

on government non-commercial service;

(b)

ships of less than 500 gross tonnage (GT);

(c)

Maltese ships operating throughout their life only

in waters subject to the sovereignty or jurisdiction of 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, any other port,

unless a valid inventory certificate or a valid ready for recycling

certificate issued in terms of Article 9 of the EU Regulation, is kept on

board.

It shall be the duty of the registered owner of the ship to

ensure that the ship is in compliance with the provisions of these

regulations and the provisions of the EU Regulation.

Failure to comply with the provisions of these

regulations and the provisions of the EU Regulation 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,

having regard to the provisions of Article 11 of the EU Regulation.

(2)

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,

including warn, detain, dismiss or exclude the said ship from Maltese

ports.

(3)

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

General takes such steps as specified in sub-regulation (2) hereof, the

Registrar-General shall forthwith notify the ship’s flag State competent

Authority or consular or diplomatic representative of the flag State of

the ship.

(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.