DANGEROUS CARGO SHIPS, MARINE TERMINALS AND FACILITIES AND BUNKERING REGULATIONS

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

SUBSIDIARY LEGISLATION 499.12

DANGEROUS CARGO SHIPS, MARINE TERMINALS AND

FACILITIES AND BUNKERING REGULATIONS

1st February, 1996;

1st March, 1996;

1st April, 1996;

1st June, 1996;

1st July, 1996;

1st August, 1996;

1st November, 1996

LEGAL NOTICE 1 of 1996, as amended by Legal Notices 13 of 1996, 152 of 1997, 75 of

2002, 264 of 2004 and 425 of 2007; Act XV of 2009 and XXV of 2015; Legal Notices 507 of

2010, 450 of 2011, 331 of 2012, 316 of 2019 and 119 of 2023.

The title of these regulations is the Dangerous Cargo Ships,

Marine Terminals and Facilities and Bunkering Regulations.

Substituted by

L.N. 13 of 1996;

Regulation 12

L.N. 264 of 2004.

Notice of Expected Arrival and Departure of a Ship

carrying Dangerous or Polluting Goods

Arrival 

Departure 

(Tick as appropriate)

1. Name of ship

2. Flag

3. Call Sign

4. IMO No.

5. G.T.

6. N.T.

7. Summer

D.W.T.

8. Type of Ship

9. Length

10. Beam

11. Maximum Draft

12. Arrival/Departure

(LOA)

(WOA)

Draft

F

A

13. Estimated Time of Arrival

14. Last port of Call

a. Date

b. Time

15. Next Port of Call

16. Estimated Time of Departure

17. Estimated time of Arrival at Next Port

a. Date

b. Time

a. Date

b. Time

18. Requested Berth

19. Purpose of Call

20. Special Remarks to be considered for Berthing

21. Number of persons on board

22. Number of crew on board

23. Ship’s owner

24. Ship’s Agent

25. Does the ship have any defect of hull, machinery or navigational equipment which may adversely

affect the safety of the safe manoeuvrability of the ship; affect the safety of other ships, persons or

property on the land or within the territorial waters of Malta; constitute a hazard to the environment.

YES 

NO 

26 . T h e c o n d i t i o n of t h e c a rg o a n d a n y c a rgo c o n t a i n m e n t , h a n d l i n g s y s t e m , e q u i p m e n t o r

instrumentation is sound, suitable for purpose and free from any defect which could adversely affect the

safety of the port area, the ship or the environment. YES 

NO 

27. Date of Notification

28. Name of Notifying person

a)

The correct technical names of the dangerous or pollution goods, the United Nations (UN)

numbers where they exist, the IMO hazard classes in accordance with the IMDG, IBC and IGC

Codes, and, where appropriate, the class of the ship as defined by the INF Code, the quantities

of such goods and their location on board and, if they are being carried in cargo transport units

other than tanks, the identification number thereof;

b)

Confirmation that a list or manifest or appropriate loading plan giving details of the dangerous

or polluting goods carried and of their location on the ship is on board;

c)

Address from which detailed information on the cargo may be obtained.

Additional Information for Tankers

CARGO INFORMATION

Cargo type and quantity (if in ballast indicate last cargo)

Proper Shipping / Correct Technical Name

UN No

*Density @ 15ºC

*Kinematic viscosicty @ 50ºC

Type of operation ( Discharge/Loading/Other). If other please specify

VESSEL INFORMATION

**Double Hull 

**SBT 

**Date of Delivery

**Single Hull 

(Tick as appropriate)





Valid International Oil Pollution Prevention Certificate (IOPP)

YES

NO

Valid Certificate of insurance or other financial security in respect of civil





Liability for oil pollution damage (CLC)

YES

NO

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

Valid Intemational Pollution Prevention Certificate for the Carriage of

Noxious Liquid Substances in Bulk (NLS Certificate)

YES



NO



Valid Certificate of Fitness for the Carriage of Dangerous Chemical in Bulk





or International Certificate for the Carriage of Dangerous Goods in Bulk

YES

NO





Valid International Certificate for the Carriage of Liquefied Gases in Bulk

YES

NO





Valid International Certificate of Fitness for the Carriage of INF Cargo

YES

NO

(Select and Tick as appropriate)





Is vessel fitted with a fixed inert gas system

YES

NO





Is system operational

YES

NO





Is vessel inerted

YES

NO

If YES to specify

OXYGEN CONTENT (% by Volume) ......................................................

MINIMUM POSITIVE PRESSURE (mmgh) ............................................





Is vessel GAS FREE

YES

NO

If YES to specify

OXYGEN READING (% by Volume) .......................................................

FLAMMABLE GASES (% LFL) ..............................................................

*

applicable only if cargo type is heavy grades of oil

** applicable only for oil tankers

These regulations

(a) regulate the movement, transfer, storage and handling

of dangerous cargoes, bunkers, ballast and tank

cleaning operations on all ships and at all marine

terminals and facilities within or connected to the

internal and territorial waters of Malta;

(b) transpose the provisions of Directive 2002/59/EC of

the European Parliament and of the Council of the 27 th

June, 2002, as subsequently amended by Directive

2009/17/EC of the European Parliament and of the

Council of the 23 rd April, 2009 and Directive 2011/15/

EU of the European Commission of the 23 rd February,

2011, concerning dangerous and polluting goods; and

(c) transpose the provisions of Directive 2010/65/EU of the

European Parliament and of the Council of the 20 th

October, 2010 on reporting formalities for ships arriving

in and or departing from ports of the Member States and

repealing Directive 2002/6/EC.

Amended by

XV. 2009.49;

SHIP/SHORE SAFETY CHECK LIST

L.N. 119 of 2023.

Ship’s name ..........................................................................................................

Berth ....................................................... Port .....................................................

Date of Arrival ....................................... Time of Arrival .....................................

INSTRUCTIONS FOR COMPLETION

The safety of operatio ns r equires that all questi ons sho uld be answered

affirmatively  if an affirmative answer is not possible, the reason should be given

and agreement reached upon appropriate precautions to be taken between the ship

and the terminal. Where any question is not considered to be applicable a note to that

effect shall be inserted in the remarks column.

 - the presence of this symbol in the columns 'ship' and 'terminal' indicates that

checks shall be carried out by the party concerned

The presence of the letters A and P in the column 'Code' indicates the following

A - the mentioned procedures and agreements shall be in writing and signed by

both parties.

P - in the case of a negative answer the operation shall not be carried out without

the permission of the Authority.

R - indicates items to be revisited at intervals not exceeding that agreed in the

declaration.

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

PART A

TERMINAL

Bulk Liquids - General

Remarks

CODE

SHIP





Is the ship securely moored?

R

Are emergency towing wires correctly





positioned?

R

Is there safe access between ship and





shore?

R

Is the ship ready to move under its



own power?

PR

Is there an effective deck watch in

attendance on board and adequate

supervision on the terminal and on the





ship?

R

Is

the

agreed

ship/shore





communication system operative?

AR

Have the procedures for cargo, bunker





and ballast handling been agreed?

AR

Has the emergency shut down





procedure been agreed?

A

Are fire hoses and fire fighting

equipment on board and ashore

positioned and ready for immediate





use?

AR

Are cargo and bunker hoses/arms in

good condition and properly rigged

and appropriate for the service





intended?

Are scuppers effectively plugged and

drip trays in position, both on board





and ashore?

R

Are unused cargo and bunker

connections including the stern





discharge line, if fitted, blanked?

A r e s e a a n d o v e r b o a r d d i s c h a rg e

valves, when not in use, closed and





lashed?

Are all cargo and bunker tank lids





closed?

Is the agr eed tank ven ting system





being used?

AR





Are hand torches of an approved type?

Are portable VHF/UHF transceivers





of an approved type?

Are the ship’s main radio transmitter

aerials earthed and radars switched



off?

Are electric cables to portable

electrical equipment disconnected





from power?

Are all external doors and ports in the





accommodation closed?

R

Are air conditioning intakes which

which may permit the entry of cargo





vapours closed?

Are smoking requirements being





observed?

R

Are naked light requirements being





observed?

Is there provision for an emergency





escape possibility?

Are sufficient personnel on board and





ashore to deal with an emergency?

R

Ar e a d e q u a t e i n s u l a t i n g m e a n s i n





place in the ship/shore connection?

Have measures been taken to ensure



sufficient pumproom ventilation?

Is the ship capable of "closed loading"

and is this to be complied with if





applicable?

R

Are ship emergency fire control plans





located externally?

If the ship is fitted or required to be fitted with an Inert Gas System

the following questions must be answered

PART A - continued

TERMINAL

Bulk Liquids - General

Remarks

CODE

SHIP

Is the Inert Gas System fully

operational and in good working



order?

PR

Have the fixed and portable oxygen

analysers been calibrated and are they



working properly?

R

Are all cargo tank atmospheres 8% or

less oxygen content by volume and





with positive pressure?

PR

Are all the individual tank IG valves



(if fitted) correctly set and locked?

R

Are all the persons in charge of cargo

operations aware that in the case of

failure of the Inert Gas Plant,

discharge operations are to cease and



the terminal to be advised?

If the ship is fitted with, and intends to Crude Oil Wash (COW)

the following questions must be answered

PART A - continued

TERMINAL

Bulk Liquids - General

Remarks

CODE

SHIP

Is the Pre-Arrival Crude Oil Washing

C h e c k -l i s t , a s c o n t a i n e d i n t h e

approved Crude Oil Washing Manual,





satisfactorily completed?

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

Is the Crude Oil Washing Check-list

for use before, during and after Crude

O i l Wa s h i n g , a s c o n t a i n e d i n t h e

approved Crude Oil Washing Manual,





available and agreed to be used?

R

PART B

TERMINAL

Additional Checks - Bulk Liquids Chemicals

Remarks

CODE

SHIP

Is information available giving the

necessary data for the safe handling of

the cargo including, where applicable,

a m a n u f a c t u r e r ’s i n h i b i t i o n





certificate?

Is sufficient and suitable protective

equipment (including self-contained

breathing apparatus) and protective





clothing ready for immediate use?

Are counter measures against

accidental personal contact with the





cargo agreed?

Is the cargo handling rate compatible

with the automatic shut down system





if in use?

A

Are cargo system gauges and alarms





correctly set and in good order?

AR

Are portable vapour detection

instruments readily available for the





products to be handled?

R

Has information on fire fighting media





and procedures been exchanged?

Are transfer hoses of suitable material





resistant to the action of the cargoes?

Is cargo handling being performed

with the permanent installed pipeline





systems?

PR

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

PART C

TERMINAL

Additional Checks - Bulk Liquefied Gases

Remarks

CODE

SHIP

Is information available giving the

necessary data for the safe handling of

the cargo including, where applicable,

a m a n u f a c t u r e r ’s i n h i b i t i o n





certificate?

Is the water spray system ready for





use?

Is sufficient and suitable protective

equipment (including self-contained

breathing apparatus) and protective





clothing ready for immediate use?

Are void spaces properly inerted



where required?

Are all remote control valves in





working order?

Are cargo tank safety relief valves

lined up to the ship’s venting system



and are by-passes closed?

Are the required cargo pumps and

compressors in good order, and have

the maximum working pressures been





agreed between ship and shore?

A

Is reliquefication or boil off control



equipment in good order?

Is gas detection equipment set for the

cargo, calibrated and in good working





order?

Are cargo system gauges and alarms

correctly calibrated, set and in good





working order?

Are emergency shut down systems





working properly?

Does shore know the closing rate of

ship’s automatic valves; does ship





have similar details of shore system?

A

Has information been exchanged

between ship and shore on minimum

working temperatures of the cargo





systems?

A

Are all cargo tanks protected against

inadvertent overfilling at all times

while any cargo operation is in





progress?

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

Ship

Shore

Are tank cleaning operations planned during the ship’s stay

alongside the shore installation?

Yes/No*

If so have the Authority and terminal been informed?

Yes/No*

Yes/No*

*Delete Yes or No as appropriate

Declaration

We have checked, where appropriate jointly, the items on this check list, and have

satisfied ourselves that the entries we have made are correct to the best of our

knowledge, and arrangements have been made to carry out repetitive checks as

necessary.

For Ship

For Terminal

Name .................................................

Name ..................................................

Rank ..................................................

Rank ...................................................

Signature ...........................................

Signature ............................................

Time .................................................

Date .................................................

Application

The Check List applies to the cargo handling operations of oil tankers, chemical

carriers and gas tankers and is divided into three parts.

Part A - General - (all tankers)

Part B - Additional - (chemical tankers handling chemicals)

Part C - Additional - (gas tankers handling liquefied gases)

All tankers - oil, chemical and gas, should complete Part A. Additionally, tankers

loading or discharging bulk chemicals should complete Part B and gas tankers

loading or discharging liquefied gases should complete Part C. The declaration at the

end of the Check List shall be made in all cases.

The Mutual Safety Examination

A tanker presenting itself to a loading or discharging terminal needs to check its

own preparations and its fitness for the safety of the intended cargo operation.

Additionally, the master of the ship has a responsibility to assure himself that the

terminal operator has likewise made proper preparations for the safe operation of his

terminal.

Equally the terminal needs to check its own preparations and to be assured that the

tanker has carried out its checks and has made appropriate arrangements.

The Check List, by its questions and its requirements for exchange of written

agreements for certain procedures, is a minimum basis for the essential

considerations which should be included in such a mutual examination.

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

Some of the Check List’s questions are directed to consideration for which the

tanker has prime responsibility. Others apply to both tanker and terminal and the

remainder to the terminal alone. It is not suggested that every item should be the

subject of personal checking by both representatives conducting the examination.

All items lying within the responsibility of the tanker shall be personally checked

by the tanker’s representative and similarly all items of the terminal’s responsibility

personally checked by the terminal representatives. In discharge of their full

responsibilities however, both representatives, by questioning the other, by sighting

of records and, where felt appropriate, by joint visual inspection shall assure

themselves that the standards of safety on both sides of the operation are fully

acceptable.

The joint declaration shall not be signed until such mutual assurance is achieved.

Thus all applicable questions should result in an affirmative mark in the boxes

provided. If a difference of opinion arises on the adequacy of any arrangements

made or conditions found, the operation shall not be started until measures taken are

jointly accepted.

A negative answer to the questions coded "P" does not necessarily mean that the

intended operation cannot be carried out. In such cases, however, permission to

proceed must be obtained from the Authority.

Where an item is agreed to be not applicable to the ship, to the terminal or to the

operation envisaged a note to that effect shall be entered in the "Remarks" column.

While the Check List is based upon cargo handling operations it is required that

the same mutual examination, using the Check List as appropriate, be carried out

when a tanker presents itself at a berth for tank cleaning after carriage of substances

covered by these regulations.

Deviations

The conditions under which the operation takes place may change during the

process. The changes may be such that safety or pollution prevention can no longer

be regarded as guaranteed. The party noticing or causing the unsafe condition is

under an obligation to take all necessary actions. which may include stopping the

operation, to re-establish safe conditions. The presence of the unsafe condition shall

be reported to the other party and where necessary co-operation with the other party

shall be sought.

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

EXAMPLE OF CHECK LIST FOR MARINE LOADING ARMS

No.

Operation

Yes

No

Remarks

I. PRE-ARRIVAL CHECKS TO CONFIRM MANIFOLD CONNECTION CRITERIA

1. Is the flange face vertical and parallel with the ship’s

side.

2. Is the manifold flange setback from the rail within the

design limits of

m, min. to m, max.

3. Is the manifold O and length consistent with the

following

O

Material

Permissible

Cantilever Length

Including Spools

4. Is the flange size type and I.D. (consider also pipe

I.D.) compatible with the arms O/B flange or coupler

Flange Flange Flange Flange I.D. Pipe

Type

Size

Press

Rating

5. For coupler equipped arms, is the clearance behind the

manifold flange

. (Consider the greater rearward

clearance is needed when connecting to reducers.)

6. Are the vessel’s manifold spacings consistent with the

following criteria

Check case

Arms connected

Spacing between

which governs simultaneously

manifolds to

for pending

which arms will

vessel

be connected

Min.

Max.

7. Is the height of the manifold centerline within the

following limits

Minimum

Maximum

8. Will the manifolds remain within the design envelope

*Upper elevation of envelope

*Lower elevation of envelope

Note: It is necessary that the vessel also comply with

the min/max. manifold spacings given in 2 and 6 and

the vessel motion be limited to the following

Surge (movement along pier)

+

Drift (movement off pier)

*Must be reduced if spotting of active manifolds is

not in accordance with the design basis, which usually

is centered on the active arm(s).

9. Is the manifold support able to sustain uplift as well as

downward loads.

10. Are there any obstructions directly below or in front

of the manifolds which would interfere with

engagement of the coupler or placement of the jack.

No.

Operation

Yes

No

Remarks

II. CHECKS TO BE CARRIED OUT DURING CARGO HANDLING

1. Is the vessel moored correctly with respect to the

arm(s) centerline.

Permissible mooring offset = +

and -

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

2. Is the wind speed within design limits =

km/

hour (gust).

3. Are the supplementary and/or primary jacks in place

and properly adjusted.

4. Are the swivel nitrogen purge pressures and flow rates

being maintained (LNG arms).

5. I s t h e p r o d u c t f l o w r a t e w i t h i n de s i g n l i m i t s =

m 3 /HR.

6. Are the fluid swivels and coupler connectors free of

leakage.

7. Is the ice build-up limited to within the design value =

(LPG/LNG arms).

8. Are the arms remaining a safe distance apart and from

deck/platform equipment (

at the counterweights

and between other parts of the arm.)

9. Are the product temperature and pressure within

design limits

Product

Design

Pressure

Temp.°C

kPa

10. Is the vessel movement being limited to the design

conditions of

Surge = +

Drift =

11. Is the arm free of vibration.

12. Is the ship’s crew maintaining proper tension in the

mooring lines.

13. Prior to disconnection - is any ice formation removed

from the arm (LPG/LNG arms).

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

SPECIMEN LETTER FOR ISSUE TO MASTERS

OF TANKERS AT TERMINALS

Company ..................................

Terminal ..................................

Date ........................................

The Master

The Dangerous Cargo Ships, Marine

SS/MV ........................................ Te r m i n a l s a n d F a c i l i t i e s a n d B u n k e r i n g

Regulations, imposed upon these facilities

Port ............................................. and adjacent installations by the Authority for

Transport in Malta, shall be strictly observed

by both you and your crew.

Dear Sir,

Responsibility for the prevention of pollution and the safe conduct of

operations whilst your ship is at this terminal rests jointly with you, as master of the

ship and with the responsible terminal representative. We wish, therefore, before

operations start, to seek your full co-operation and understanding on the safety

requirements set out in the Ship/Shore Safety Check Lists.

We expect you and all under your command to adhere strictly to these

requirements throughout your stay alongside this terminal and, for our part, we will

ensure that our personnel do likewise and co-operate fully with you in the mutual

interest of safe and efficient operations.

During the whole of your ship’s stay at this terminal, you or your deputised

officer shall be readily available on board. Before the start of operations, and from

time to time thereafter, for our mutual safety a member of the terminal staff, where

appropriate together with a responsible officer, will make a routine inspection of

your ship to ensure that the questions on the Ship/Shore Safety Check List can be

answered in the affirmative. Where corrective action is needed we will not agree to

operations commencing or, should they have been started, will require them to be

stopped.

Similarly, if you consider safety is endangered by any action on the part of

our staff or by any equipment under our control you should demand immediate

cessation of operations.

THERE CAN BE NO COMPROMISE WITH SAFETY OR POLLUTION

PREVENTION

Please acknowledge receipt of this letter by countersigning and returning the

attached copy

Signed: ..........................................................

Terminal Representative

Terminal Representative on duty is .............................

Position or Title ........................................................

Telephone No. ..........................................................

UHF/VHF Channel ....................................................

Signed: ........................................

Master

SS/MV: .......................................

Date: ................ Time: ................

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

FIRE NOTICE

FIRE INSTRUCTIONS IN CASE OF FIRE

DO NOT HESITATE RAISE THE ALARM

TERMINAL FIRE ALARM

At this terminal the fire alarm signal is

IN CASE OF FIRE

1. Sound one or more blasts of the ship’s whistle each blast of not less than 10

seconds duration supplemented by a continuous sounding of the general alarm

system.

2. Contact the terminal and Authority

Telephone number ................................

UHV/VHF communication channel ..........

ACTION - SHIP

Fire on your ship

-

Raise alarm

-

Fight fire and prevent fire spreading

-

Inform terminal and Authority

-

Cease all cargo operations and then close all valves

-

Stand by to disconnect hoses or arms

-

Bring engines to standby

Fire on other ship or ashore

Stand by, and when instructed

-

Cease all cargo operations and then close all valves

-

Disconnect hoses or arms

-

Bring engines and crew to standby, ready to unberth

ACTION - TERMINAL

Fire on a Ship

-

Raise alarm

-

Contact ship

-

Cease all cargo operations and then close all valves

-

Stand by to disconnect hoses or arms

-

Stand by to assist fire fighting

-

Inform all ships and Authority

-

Implement terminal emergency plan

Fire Ashore

-

Raise alarm

-

Cease all cargo operations and then close all valves

-

Fight fire and prevent fire spreading

-

If required stand by to disconnect hoses or arms

-

Inform all ships and the Authority

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

-

Implement terminal emergency plan

IN THE CASE OF FIRE THE TERMINAL PERSONNEL WILL DIRECT THE

MOVEMENT OF VEHICULAR TRAFFIC ASHORE

In these regulations, unless the context otherwise requires

"address" means the name and the communication links whereby

contact may, where necessary, be made with the owner, agent, port

authority, competent authority or any other authorised person or

body in possession of detailed information regarding the ship’s

cargo;

"agent" means any person mandated or authorised to supply

information on behalf of the owner of the ship;

"alternative fuel" shall have the same meaning as assigned to it in

the Alternative Fuels Order;

" A u t h o r i t y " m e a n s t h e A u t h o r i t y f o r Tr a n s p o r t i n M a l t a

established under the Authority for Transport in Malta Act;

"bunker barge" means any sea-craft licensed or authorised by the

Authority to engage in the commercial supply of bunkers to other

ships within the ports, internal and territorial waters of Malta;

"bunkers" means any alternative fuel and non-volatile marine grade

fuel oil used to fuel a ship or its machinery, and includes lubricating

oil;

"bunkering operations" means the actual operation of loading,

discharging or transferring bunkers between a bunker barge or road

tanker or marine terminal or marine facility and a receiving ship;

"bunker operator" means a person, or body corporate

incorporated under the Laws of Malta, duly licensed by the

Authority under these regulations, for the distribution, sale,

exportation or disposal in any other manner of bunkers, or for any

other related activity, whether such person or body corporate is the

party physically transporting or conveying such bunkers to ships or

not;

"cargo handling operations" means the actual operation of

loading, discharging or transferring dangerous cargoes, slops,

residues or dangerous packaged cargoes, between a ship’s tanks,

compartments or containers and/or a quay, marine terminal, marine

facility, vehicles, freight container or other means of transport, or

between ships. It includes transfer to, from or within a warehouse

marine terminal/facilities area, including intermediate keeping, i.e.

the temporary storage of dangerous cargoes in the port area during

their transport from the point of origin to their destination for the

purpose of changing the modes and means of transport;

" c a r g o i n t e r e s t s " m e a n s a s h i p p e r, c a r r i e r, f o r w a r d e r,

consolidator, packing centre or any other person, company or

institution engaged in any of the following activities

identification, containment, packaging, packing, securing, marking,

labelling, placarding or documentation.of dangerous cargoes or

dangerous packaged cargoes for receipt by a port and transport by

sea and having control over the cargo at any time;

"cargo measurement" means any act of ullaging, sounding,

gauging, sampling, or any similar act, whether or not carried out in

connection with cargo handling operations;

"cargo transport unit" means a road freight vehicle, a railway

freight wagon, a freight container, a road tank vehicle, a railway

wagon, or portable tank;

"certified gas free" means a certificate issued by a competent

person using all Relevant Instrument requirements and guidelines,

certifying that the atmospheres in, or connected to, or immediately

adjacent to any tank, compartment, container or non-sealed

pipelines/pumping systems, etc. have had sufficient fresh air

introduced into them to lower the level of any flammable, toxic or

inert gas to that required for a specific purpose, e.g. hot work, cold

work, electrical work, entry etc.;

"certified inert" means a certificate issued by a competent person

using all Relevant Instrument requirements and guidelines,

certifying that a ship's tank or tanks are in an inert condition,

subject to specified conditions and for a specific period of time;

"chemicals" means substances covered by the IMO "International

Code for the Construction and Equipment of Ships Carrying

Dangerous Chemicals in Bulk", and Annex II of MARPOL 73/78

and having significant fire or explosive hazards equal or in excess

of those of volatile petroleum or similar flammable products, or

significant health, safety or environmental hazards in addition to,

or other than flammability;

"chemical tanker" means a ship constructed or adapted primarily

to carry liquid bulk cargoes of chemical substances as detailed in

the IMO "International Code for the Construction and Equipment

of Ships Carrying Dangerous Chemicals in Bulk";

"cold work" means any work which cannot create a source of

ignition in or adjacent to the area involved;

"cold work permit" means a certificate permitting specified cold

work during a specific time interval, conjoined with all required

safety resources and procedures being in place throughout the

whole of the permitted period. It must be in a form approved by the

Authority (as provided in Schedule C) and issued by a competent

person using all Relevant Instrument requirements and guidelines;

"combination carrier" means a ship constructed or adapted to

carry either liquid petroleum or dry cargoes in bulk;

"company" means a company within the meaning of Regulation

1(2) of Chapter IX of the SOLAS Convention;

"competent authority'' means any authority designated as such by

a Community Member State to receive and pass on information in

conformity with Council Directive 2002/59/EC; provided that for

Malta the designated competent authority shall be the Authority for

Transport in Malta;

"competent person" means a duly qualified and experienced

analyst recognised by the Authority for the purpose of issuing "gas

free" and "inert" certificates and "work" or "compartment entry"

permits for ships;

"container" includes any freight container, tin, cask, barrel,

drum, package or other article used to contain any dangerous

packaged substances;

"dangerous area" means any area on a ship which for the purpose

of the installation and/or use of electrical equipment is regarded as

dangerous or where toxins dangerous to human life or health may

potentially be present;

"dangerous goods" rneans

(i) goods classified in the IMDG Code,

(ii) dangerous liquid substances listed in Chapter 17

of the IBC Code,

(iii) liquefied gases listed in Chapter 19 of the IGC

Code,

(iv) solids referred to in Appendix B of the BC Code;

also included are goods for the carriage of which appropriate

preconditions have been laid down in accordance with paragraph

1.1.3 of the IBC Code or paragraph 1.1.6 of the IGC Code;

any reference to "dangerous cargoes" shall be construed together

with the definition of dangerous goods;

"dangerous packaged cargoes" means any dangerous cargoes or

cargoes covered by the IMDG Code, carried in containers on ships

other than tankers. It includes any empty uncleaned packagings

(such as tank-containers, intermediate bulk containers, bulk

packaging, portable tanks or tank vehicles) which previously

contained dangerous cargoes, unless the packagings have been

sufficiently cleaned of all residues of the dangerous cargoes and

purged of vapours so as to nullify any hazard, or has been filled

with a non-dangerous substance;

"designated safe area" means any area on a ship or on shore

which has been mutually agreed by the ship’s Master and the

marine terminal/facility operator as being safe under prescribed

conditions and during specified times, for particular activities such

as smoking;

"electrical isolation certificate" means a certificate issued when

work is to be carried out on electrical equipment or on equipment

powered by electricity, indicating that the electrical supply of such

equipment has been isolated; it must be in a form approved by the

Authority (as provided in Schedule C) and issued by a competent

person using all Relevant Instrument requirements and guidelines;

"entry permit" means a certificate issued by a competent person,

using all Relevant Instrument requirements and guidelines,

permitting entry into a space or compartment during a specified

time interval, conjoined with all required safety resources and

procedures required by the Relevant Instruments being properly in

place throughout the whole of the permitted period;

"fishing vessel" means any vessel equipped for the commercial

exploitation of living aquatic resources;

"gas free certificate" means a certificate issued by a competent

person using all Relevant Instrument requirements and guidelines,

confirming that at the time of testing a compartment, tank or

container, it was gas free for the specific purpose stated on the

certificate. Such a certificate shall be issued subject to the

conditions prevailing at the time of testing and for a specified

validity period;

"gas tanker" means a ship constructed or adapted to carry

liquefied gases in bulk as detailed in the IMO "International Code

for the Construction and Equipment of Ships Carrying Liquefied

Gases in Bulk";

"hazardous zone" means any area on shore which for the purpose

of the installation and/or use of electrical equipment is regarded as

dangerous or where toxins dangerous to human life or health may

potentially be present;

" h o t w o r k " m e a n s w o r k i n v o l v i n g s o u r c e s o f i g n i ti o n o r

temperature sufficiently high to potentially cause ignition of a

flammable gas mixture, including all "naked lights";

"hot work permit" means a certificate permitting specified hot

work to be done during a specific time interval in a defined area,

conjoined with all required safety resources and procedures being

in place throughout the whole of the permitted period. It must be in

a form approved by the Authority (as provided in Schedule C) and

issued by a competent person using all Relevant Instrument

requirements and guidelines;

"inert condition" means a condition, as certified by a competent

person, in which the oxygen content throughout the atmosphere of

a tank or other enclosed space has been reduced to 8% or less by

volume, by the addition of inert gas and the tank pressure is

maintained above a minimum of 100 mm on the water gauge;

"inert gas" means a gas or mixture of gases such as flue gas,

nitrogen, carbon dioxide or other inert gas containing insufficient

oxygen to support combustion;

"internal waters" shall have the same meaning as is attributed

thereto in article 2 of the Authority for Transport in Malta Act;

"intrinsically safe" means any equipment or system which is

certified by a recognised authority, under prescribed conditions, as

being incapable under normal or accidental usage, of producing a

spark or thermal effect which could ignite a prescribed gas mixture

and when such equipment has been strictly maintained in the same

condition as when so certified;

"jetty pipeline" means any rigid or flexible pipe used by a marine

terminal/facility, physically located such that if damage occurred to

such a pipeline at any time, substances could egress into any port or

territorial waters;

"lower flammable limit" (LFL) means the concentration of

flammable gas or vapour in air below which there is insufficient

amount of substance to support and propagate combustion;

"liquefied gas" means gases having a vapour pressure exceeding

2.8 bar Absolute, at a temperature of 37.8°C, as detailed in the IMO

"International Code for the Construction and Equipment of Ships

Carrying Liquefied Gases in Bulk" and other products as shown in

Chapter 19 of that Code, when carried in bulk;

"liquefied natural gas" (LNG) means the product of liquefaction

of a natural mixture of hydrocarbons;

"liquefied petroleum gas" (LPG) means propane, butane and

propane/butane mixtures in the liquid state;

"marine terminal" means a place where ships are moored or

berthed for the purpose of loading, discharging, handling or

transferring dangerous cargoes, bunkers or substances and/or such

operationally integrated storage or handling areas on land as are

located at or near ports and territorial waters and/or connected

directly to such ships, moorings or berths by pipelines used for the

direct transfer of such dangerous cargoes to those areas;

"marine facility" means an area on land other than a marine

terminal, where ships are moored, berthed or docked to obtain

services such as tank-cleaning, slops/residues removal, repairs,

bunkers, ship construction and any other services related to ships

and maritime activities;

"Master" means the Master or person other than a pilot or

watchman, having command, charge or management of a ship for

the time being;

"naked lights" means any potential unconfined source of ignition

and includes

(i)

all exposed incandescent material such as fire,

naked light, welding and burning torches, lit

cigarettes, cigars, pipes, cigarette lighters or

similar smoking materials;

(ii) any potential source of spark formation;

(iii) any surface with a temperature that is equal to or

higher than the minimum ignition temperature of

the substances likely to be present in the area of

any operation;

(iv) any and all tools, equipment, electric lighting

systems (including portable radios, torches,

calculators, etc.) not certified as being

intrinsically safe by a recognised authority;

(v) internal combustion engines not being so

approved intrinsically safe, or contained within

an approved explosion proof housing;

"non-volatile petroleum" means a petroleum liquid having a

Flashpoint of 60° Celsius or above as determined by the closed cup

method of testing such as ASTM D93 or equivalent;

"oil" means petroleum in any liquid form and includes crude oil

and any liquid hydrocarbon products derived from it, covered by

Annex 1 of MARPOL 73/78;

"oil-spill" means any incident resulting in an immediate slick of

"Category B" or above, as specified in IMO Resolution A. 542(13),

paragraph 1.2.6;

"oil tanker" means a ship constructed or adapted to carry liquid

petroleum cargo in bulk, including a combination carrier when

being used for this purpose;

"operator" means the managing operator having local operational

control of a marine terminal or facility;

"owner" means owner, disponent owner, charterer to whom a

ship is demised, managing operator or Master of a ship or owner of

its cargo and any agent acting on behalf of such entities;

"person" includes a person or body of persons, whether a body

corporate or not;

"petroleum" shall have the same meaning as is attributed thereto

in article 2 of the Regulator for Energy and Water Services Act;

"polluting goods" means

(i)

oil as defined in Annex I to the MARPOL

Convention;

(ii) noxious liquid substances as defined in to the

Annex II MARPOL Convention;

(iii) harmful substances as defined in Annex III to

the MARPOL Convention;

and shall be read and construed together with the definition of

dangerous goods;

"port" shall have the same meaning assigned to it in article 2 of

the Ports and Shipping Act;

"recognised authority" means any authority, organisation,

Classification Society, technical or academic body, or physical

testing facilities, recognised by the Authority and/or IMO from

time to time, for specified functions;

"Relevant Instruments" means

(a) these regulations;

(b) all the relevant IMO Conventions to which Malta has

acceded, or may accede to from time to time;

(c) the relevant IMO Codes of Practices;

(d) the relevant current EMSA, ISGOTT, OCIMF, ICS,

SGMF, SIGTTO, INTERTANKO, IACS, IMO, ISO

and IAPH Guides, and any subsequent amendments,

emanating from these Conventions and Codes;

(e) the current rules of ship Classification Societies; and

(f)

any other code, policy, guidelines or notice which the

Authority may adopt from time to time in relation to

any matter regulated by these regulations;

"residues" means residual 'unpumpable' quantities of cargo

remaining on board a tanker after completion of the discharge or

transfer of any of the cargoes as described in the definition of

dangerous cargoes;

"scheduled service" means a series of ship crossings operated so

as to serve traffic between the same two or more ports, either

according to a published timetable or with crossings so regular or

frequent that they constitute a recognisable systematic series;

"ship" means every description of craft used in navigation,

whether self-propelled or not, other than a bunker barge licensed or

authorised for the supply of bunkers, handling or having loaded or

intending to load a cargo, the whole or any part of which consists of

dangerous cargoes or substances as described in the definitions of

dangerous cargoes, dangerous packaged cargoes, and substances, in

bulk or containers, or having discharged any of those products, if

the cargo spaces are not certified gas free;

"shipper" means any person by whom or in whose name or on

whose behalf a contract of carriage of goods by sea has been

concluded with a carrier;

"slops" means any quantities remaining on board a tanker after

tank-cleaning, consisting of a mixture of tank-cleaning fluids and

any of the substances as described in the definitions of petroleum,

non-volatile petroleum, volatile petroleum, oil, liquefied gas,

LNG.LPG chemicals, solid bulk dangerous cargoes, dangerous

cargoes and residues;

"solid bulk dangerous cargoes" means solid bulk substances

possessing chemical hazards and solid bulk substances hazardous

only in bulk, including wastes, covered by Appendix B of the Code

of Safe Practice for Solid Bulk Cargoes;

"substances", in the absence of a specific description, means any

and all, or any combinations of substances as defined in the

definitions of dangerous cargoes, solid bulk dangerous cargoes,

dangerous packaged cargoes, residues, slops and bunkers, whether

carried as cargo or not, and whether carried in bulk or not;

"tanker" means any ship as described in the definitions of oil

tanker, combination carrier, gas tanker and chemical tanker,

whether self-propelled or not and includes barges or lighters being

wholly used to carry liquid dangerous cargoes in bulk;

"territorial waters" shall have the same meaning assigned to it in

article 2 of the Ports and Shipping Act;

"threshold limit value" (TLV) means the average concentration

of a substance representing conditions under which it is believed

that nearly all workers may be repeatedly exposed day after day,

without adverse health effects;

"ullage" means the depth of the space above the liquid in a tank;

"vapour" means a gas below its critical temperature and not in

liquid form;

"vessel" shall have the same meaning as that ascribed to "ship" in

article 2 of the Ports and Shipping Act;

"volatile petroleum" means a petroleum liquid having a

Flashpoint of below 60° Celsius as determined by the closed cup

method of testing such as ASTM D93 or equivalent, or a 'non-

volatile' petroleum liquid being handled at a temperature above its

Flashpoint, minus 10° Celsius;

"waters of Malta" means the internal and territorial waters of

Malta; and

"BC Code" means the Code of Safe Practice for Solid Bulk

Cargoes;

"BCH Code" means the Code for the Construction and

Equipment of Ships Carrying Dangerous Chemicals in Bulk 1985/

1989 and any subsequent amendments;

"COLREGS" means the IMO International Convention for

Preventing Collisions at Sea 1972/1989 and any subsequent

amendments;

"COW" means crude oil washing;

"EMSA" means the European Maritime Safety Agency;

"IACS" means the International Association of Classification

Societies;

"IAPH" means the International Association of Ports and

Harbours;

"IBC Code" means the International Code for the Construction

and Equipment of Ships Carrying Dangerous Chemicals in Bulk

1982/1989 and any subsequent amendments;

"ICF" means an International Certificate of Fitness issued by or

on behalf of an Administration in accordance with the relevant

Codes for the construction and equipment of a type of ship,

certifying that the construction and equipment of the ship are such

that certain specified dangerous cargoes may be carried in that

ship;

"ICS" means the International Chamber of Shipping;

"IGC Code" means the IMO International Code for the

Construction and Equipment of Ships Carrying Liquefied Gases in

Bulk 1976/1993 and any subsequent amendments;

"IMDG" means the IMO International Maritime Dangerous

Goods Code 1977/1992 and IMDG Code Supplement (including

EmS, MFAG, BC Code, IMO/ILO Guidelines for Packing Cargo in

Freight Containers or Vehicles) and any subsequent amendments;

"IMO" means the International Maritime Organisation;

"IMO Code for Existing Ships Carrying Liquefied Gases" means

the Code for Existing Ships Carrying Liquefied Gases in Bulk

1976/80 and any subsequent amendments;

"IMO R esol ut io n MSC.2 86 (8 6 )" m eans the Inte rnational

Maritime Organisation Resolution 286(86) entitled

"Recommendations for Material Safety Data Sheets (MSDS) for

MARPOL Annex 1 Cargo and Oil Fuel", in its updated version;

"INF Code" means the IMO Code for the Safe Carriage of

Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive

Wastes in Flasks on Board Ships (INF Code);

" I NT E RTA N K O" m e a n s t h e I nt e r na t io n a l As s o c i a t i o n o f

Independent Tanker Owners;

"ISGOTT" means the International Safety Guide for Oil Tankers

and Terminals, third edition 1991 and any subsequent amendments;

"ISO" means the International Organisation for Standardisation;

"MARPOL" means the IMO International Convention for the

Prevention of Pollution from Ships 1973/1978 (including Annexes

1 and 2) and any subsequent amendments;

"NLS Certificate" means the International Certificate for

Prevention of Pollution by Noxious Liquid Substances in Bulk;

"OCIMF" means the Oil Companies International Marine Forum;

"SGMF" means the Society for Gas as a Marine Fuel;

"SIGTTO" means the Society of International Gas Tankers and

Terminal Operators;

"SOLAS" means the IMO International Convention for the

Safety of Life at Sea 1974/1978 and any subsequent amendments;

"STCW" means the IMO International Convention on Standards

of Training, Certification and Watchkeeping for Seafarers 1978/

199l and any subsequent amendments.

PART I

General

HOT WORK PERMIT

Relating to any work involving temperature conditions which are likely to be of

sufficient intensity to cause ignition of combustible gases, vapours or liquids in or

adjacent to the area involved.

General

This permit is valid From ................ Hrs

Date ............................

To .................... Hrs

Date ............................

Location of work ..................................................................................................

Has enclosed space entry permit been issued?

Yes/No

Description of work ..............................................................................................

Personnel carrying out work .................................................................................

Responsible person in attendance ..........................................................................

Section 1

1.1

Has the work area been checked with a combustible gas indicator for

hydrocarbon vapours?

Yes/No

Time ......................

1.2

Has the surrounding area been made safe?

Yes/No

Time ......................

Section 2

2.1

Has the work area been checked with a combustible gas indicator for

hydrocarbon vapours?

Yes/No

2.2

Has the equipment or pipeline been purged?

Yes/No

2.3

Has the equipment or pipeline been blanked?

Yes/No

2.4

Is this equipment or pipeline free of liquid?

Yes/No

2.5

Is the surrounding area safe?

Yes/No

2.6

Is additional fire protection available?

Yes/No

2.7

Is the equipment isolated electrically?

Yes/No

2.8

Special conditions/precautions ................................................................

In the circumstances noted it is considered safe to proceed with this work.

Signed ....................................................................... Master/Responsible Officer

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

................................................................... Person in charge of work team

The work has been completed and all persons under my supervision, materials and

equipment have been withdrawn.

Authorised person in charge ................................ Time ............ Date ...................

First copy for display at work area

Second copy for ships or terminal records.

HOT WORK PERMIT

(a)

Starting/finishing time must not exceed the

Authorized

Signatories’/Responsible Officer’s working hours.

(b)

Specific location of work to be given.

(c)

Description of work to include type of equipment to be used.

Applies to all hazardous work not involving naked flame or

continuous spark production, and would include use of electrical

equipment, use of air driven rotary equipment, lifting equipment/

materials over operating plant.

Applies to all hot work involving high temperatures, open flame,

arc or continuous source of sparks, etc. This type of work

includes but is not limited to

Welding or burning

Grinding

Sand or grit blasting

Metal chipping

Tests for combustible gas should be carried out immediately

before commencement of hot work and at frequent intervals as

long as the work is in progress.

COLD WORK PERMIT

Relating to any work which will not involve generation of temperature conditions

likely to be of sufficient intensity to cause ignition of combustible gases, vapours or

liquids in or adjacent to the area involved.

General

This permit is valid From ................ Hrs

Date ............................

To .................... Hrs

Date ............................

Location of work ..................................................................................................

Has enclosed space entry permit been issued?

Yes/No

Description of work ..............................................................................................

Personnel carrying out work .................................................................................

Responsible person in attendance ..........................................................................

Section 1

Preparation and checks to be carried out by Officer in Charge of work to be

performed.

The equipment/pipeline has been prepared as follows

Vented to atmosphere

Yes/No

Drained

Yes/No

Washed

Yes/No

Purged

Yes/No

Other .............................................................................................

The equipment/pipeline has been isolated as follows

Lines Spaded

Yes/No

Lines Disconnected

Yes/No

Valves Closed

Yes/No

Other .....................................

1.3. Is equipment free from

Oil

Yes/No

Gas

Yes/No

H 2 S

Yes/No

Steam

Yes/No

Pressure

Yes/No

Is surrounding area free from hazards?

Yes/No

If work is to be performed on electrical equipment has that equipment

been isolated?

Yes/No

Section 2

Information and instructions to person carrying out work

The following personal protection must be worn .....................................

Equipment/Pipeline contained following material in service ....................

Equipment expected to contain the following hazardous material when

opened: ...................................................................................................

Special Conditions/Precautions ...............................................................

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

In the circumstances noted it is considered safe to proceed with this work.

Signed ....................................................................... Master/Responsible Officer

................................................................... Person in charge of work team

Section 3

The work has been completed and all persons under my supervision,

materials and equipment have been withdrawn.

Authorised person in charge .................. Time ............. Date ..................

First copy for display at work area

Second copy for ships or terminal records.

COLD WORK PERMIT

GENERAL

(a) Starting/finishing time must not exceed the Authorized Signatories’/

Responsible Officer’s working hours.

(b) Specific location of work to be given.

(c) Description of work to include type of equipment to be used.

(d) This permit should be used for but not limited to the following cold

work.

1. Blanking/deblanking.

2. Disconnecting and connecting pipework.

3. Removing and fitting of valves, blanks, spades or blinds.

4. Work on pumps, etc.

5. Clean up (oil spills).

ELECTRICAL ISOLATION CERTIFICATE

No .........................

DRIVE No. AND/OR EQUIPMENT DESCRIPTION

WORK TO BE DONE

WORK TO BE DONE BY

ON WORK PERMIT No ......

METHOD OF ISOLATION

AUTHORISED BY

TIME

DATE

SUPPLY ISOLATED) BY

EIC RECEIVED BY

WORK COMPLETED BY

WORK CLEARED BY

SUPPLY RECONNECTION

AUTHORISED BY

SUPPLY RECONNECTED BY

NOTE: THE PERSON ENGAGED ON THE ABOVE WORK MUST HOLD

THIS CERTIFICATE UNTIL THE JOB IS COMPLETED WHEN HE

SUPERVISOR AND RETURN TO THE ISSUING AUTHORITY.

These regulations apply to

(a) any ship carrying dangerous cargoes, or the residues or

slops of such cargoes;

(b) any ship having previously carried such cargoes and

which has not been certified gas free;

(c) any ship engaging in cargo handling operations, or

handling of slops or residues of such cargoes;

(d) any ship undergoing inerting,

tank

cleaning,

gas-freeing or purging operations;

(e) any bunker barge and bunker receiving ship;

(f)

any road tanker being within any port area for the

purpose of supplying bunkers to ships;

(g) any terminal and marine facility;

(h) any ship carrying or engaging in cargo handling

operations on dangerous cargoes in packaged form;

(i)

any ship carrying or engaging in cargo handling

operations on solid bulk dangerous cargoes;

(j)

all cargo interests

Provided that regulations 12 and 22 shall not apply to -

(i)

warships, naval auxiliaries and other ships

owned or operated by a Member State and used

for non-commercial public service;

(ii) fishing vessels, traditional ships and recreational

craft with a length of less than 45 metres;

(iii) bunkers on ships below 1,000 gross tonnage and

ships’ stores and equipment for use on board all

ships.

Amended by

L.N. 75 of 2002.

Regulation 3

Substituted by

L.N. 264 of 2004.

Repealed by Legal Notice 119 of 2023.

The prime obligation, responsibility and consideration of

any cargo, ship and bunker barge Master and owner, marine

terminal or facility operator and cargo interests, shall be the safety

of life, the prevention of pollution to the marine environment, the

effective and efficient control of such pollution and the protection

of the property of others.

Amended by

L.N. 264 of 2004.

(Regulation 90)

Substituted by

L.N. 425 of 2007.

Amended by

XV. 2009.49.

Repealed by Legal Notice 316 of 2019.

(1) It shall be the responsibility of the persons specified in

regulation 5 and of the Master of any vessel to ensure that no

substance is discharged or allowed to escape into the ports, internal

and territorial waters of Malta.

(2) Any person who fails to comply with the provisions of

subregulation (1) shall be guilty of an offence and shall, on

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

thousand and six hundred and forty-six euro and eighty-seven cents

(11,646.87) for each offence.

(1) The responsibility for immediate reporting to the

Authority of any emergency situation, whether already existing or

perceived to be developing, or of the presence of any substance in

the internal and territorial waters shall rest with the persons

prescribed in paragraphs (a) to (d), but shall not exclude any other

person from reporting such matters to the Authority

(a) whilst a ship or bunker barge is underway, anchored or

moored to buoys, reporting rests with the Master;

(b) whilst a ship or bunker barge is at a berth, jetty or

marine terminal/facility mooring, reporting rests with

both the Master and the operator of such places;

(c) occurring at or from a marine terminal/facility or

underwater pipelines attached to or controlled by such

places, reporting rests with the operator of such places;

(d) occurring at any place other than those specified in

paragraphs (a) to (c), reporting rests with any Master

and any operator or any other person so observing or

perceiving such matters.

(2) Any person who fails to comply with the provisions of

subregulation (1) shall be guilty of an offence and shall, on

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

and three hundred and twenty-nine euro and thirty-seven cents

(2,329.37).

(1) Any inspector appointed by the Authority can proceed

freely at any time and without previous notice being given, on

board any bunker barge or ship, or within any marine terminal

facility, or to inspect the activities of any cargo interests within the

port to which these regulations apply.

(2) During an inspection an inspector may take a sample or

samples of the cargo or other substances and cause them to be taken

for testing at such places and at such times as the Authority may

appoint. The Master, owner or operator, cargo interests, or any

other person appointed by them may be present at such testing.

(3) The persons specified under regulation 5 shall extend their

full co-operation and assistance to any such inspector, including the

presentation of any documents required by such inspector, or the

keeping of which is prescribed by these regulations or the Relevant

Instruments, and the questioning either alone or in the presence of

witnesses, of any person deemed relevant by the inspector to any

inspection or investigation being conducted.

(4) The Authority may cause to stop any operation on shore or

on board any ship or barge.

(5) The Authority may appoint a person or persons at the risk

and expense of the owner, operator or cargo interests to superintend

the observance of these regulations. The presence of such a person

or persons shall not constitute acknowledgement that these

regulations are being observed, nor shall it relieve the owner,

Master, operator or cargo interests from any responsibility for, or

liability resulting from, any failure to observe these regulations.

(6) Any person who fails to comply with the provisions of

subregulations (2) and (3) shall be guilty of an offence and shall, on

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

and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) for each offence.

(1) Except as may be otherwise determined and instructed by

the Authority from time to time, the construction, operations,

equipment, procedures, personnel and practices of all ships, including

non-dangerous cargo ships engaged in the reception of bunkers,

bunker barges, marine terminals and marine facilities, the activities of

cargo interests and the use of road tankers within any port area for the

purposes of supplying bunkers to ships shall be in full compliance and

carried out in strict accordance with all the requirements laid down in

the Relevant Instruments.

(2) No dangerous or polluting goods shall be offered for

carriage or taken on board any vessel, irrespective of its size, in a

port of Malta unless a declaration has been delivered to the master

or owner containing the following information

(a) the correct technical names of the dangerous or

polluting goods, the United Nations (UN) numbers

where they exist, the IMO hazard classes in

accordance with the IMDG, IBC and IGC Codes and,

where appropriate, the class of the ship needed for INF

cargoes as defined in Regulation VII/14.2, the

quantities of such goods and, if they are being carried

in cargo transport units other than tanks, the

identification number thereof;

(b) for the substances referred to in Annex 1 to the

MARPOL Convention, the safety data sheet detailing

the physico-chemical characteristics of the products,

including, where applicable, their viscosity expressed

in cSt at 50ºC and their density at 15ºC and the other

data contained in the safety data sheet in accordance

with IMO Resolution MSC.286(86);

(c) the address from which detailed information on the

cargo may be obtained; and

(d) the emergency numbers of the shipper or any other

person or body in possession of information on the

physico-chemical characteristics of the products and

on the action to be taken in an emergency.

(3) Vessels coming from a port outside the Community and

calling in a port of Malta which have dangerous or polluting goods

on board shall be in possession of a declaration, as provided for by

the shipper, containing all the information required by sub-

regulation (2).

(4) It shall be the duty and responsibility of the shipper to

deliver to the master or operator such declaration required by this

regulation and to ensure that the shipment offered for carriage is

indeed the one stated in the declaration.

(1) The operational, procedural, equipment and

construction requirements of these regulations are not intended to

be exhaustive but are prescribed to supplement, complement or

emphasise some of the provisions of the Relevant Instruments,

taking into consideration prevailing local conditions and the

particular requirements of the Authority, from time to time.

(2) The Authority shall publish such codes, policies, guidelines or

notices as may be required from time to time in order to determine the

operational requirements of bunkering operations. Any bunkering

operations carried out shall only be authorised if compliant with the

provisions of these codes, policies, guidelines or notices and those of

any applicable Relevant Instruments.

PART II

Ships

(1) Only ships certified in compliance with both existing

regulations in Malta and IMO Conventions, to which Malta has

acceded, can enter the waters of Malta.

(2) A ship shall not enter a port unless it conforms with the

following conditions

(a) a ship carrying a full cargo of dangerous cargoes in

containers shall conform with the regulations laid

down for tankers;

(b) a ship carrying a part cargo of dangerous packaged

cargoes shall comply with all the requirements laid

down in the IMO IMDG Code and other Relevant

Instruments;

(c) depending on the types and quantities of cargoes

carried, this may include such ships as described in

paragraph (b), having adequate eductors and

ventilation systems to ensure the efficient dispersion

of vapours which may accumulate anywhere within

any compartments and also special pumps fitted in a

well ventilated space to ensure the expulsion of any

leaking dangerous cargo to dedicated, certified holding

tank or tanks.

(1) The Master, owner or agent of any ship proposing to

enter the internal or territorial waters of Malta shall, not less than

seventy-two hours prior to arrival in territorial waters, give notice

by telex, facsimile or in writing to the Authority in the form

specified in Schedule A

Provided that the master, owner, or agent of a ship,

irrespective of its size, carrying dangerous or polluting goods

bound for a port or an anchorage located in Malta shall, at the latest

upon departure from the loading port or as soon as the port of

destination or the location of the anchorage is known, if this

information is unavailable at the moment of departure, notify the

Authority of the information listed in Schedule A by such means as

determined by the Authority

Provided further that -

(a) if subsequent events will cause the stated arrival time

to change by two or more hours, the Master, owner or

agent shall, immediately such change is determined,

inform the Authority by the means prescribed in

subregulation (1), or by any other effective means of

communication;

(b) when in the opinion of the Authority the arrival notice

cannot be furnished in the required time, he may allow

such notice to be given as early as possible - but in any

case not less than twenty-four hours prior arrival in

territorial waters;

(c) the Master, owner or agent of any ship which is within

the territorial waters shall immediately notify the

Authority of any change which occurs in the

information notifiable under this regulation.

(2) Any person who fails to comply with the provisions of

subregulation (1) shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) not exceeding one hundred

and seventy-four euro and seventy cents (174.70) for each offence.

(3) Any notification or reporting formality obligation that is

required in accordance with the provisions of these regulations shall be

subject to the provisions of the Vessel Traffic Monitoring and

Reporting Requirements Regulations.

(1) On arrival in port, the Master of a tanker shall provide

the clearing inwards officer with a completed Notice as specified in

Schedule A, confirming in writing the continued validity of the

advance information given under regulation 12 and any other

information required by the Authority.

(2) Any Master who makes, whether knowingly or recklessly,

any statement which is false in any material particular in any

return, claim, or other document, which is requested or authorised

to be m ade by su bregu lat io n (1 ) in pa rticular in respect to

dangerous substances, shall be guilty of an offence and shall, on

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

and nine hundred and eighty-eight euro and twelve cents (6,988.12)

for each such false declaration.

(1) On arrival in port, the Master of a ship carrying

dangerous packaged cargoes must, in addition to the confirmation

of advance information required in regulation 13, provide the

inwards clearing officer with full details of the manner in which the

cargoes are stowed, a copy of the dedicated dangerous cargo

manifest and any other information required by the Authority.

(2) Any Master who makes, whether knowingly or recklessly,

any statement which is false in any material particular in any

return, claim, or other document, which is requested or authorised

to be m ade by su bregu lat io n (1 ) in pa rticular in respect to

dangerous substances, shall be guilty of an offence and shall, on

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

and nine hundred and eighty-eight euro and twelve cents (6,988.12)

for each such false declaration.

(3) Such a ship shall not conduct any cargo handling operations

unless the Master provides the inward clearing officer with the

original certificate(s) from the loading port(s), certifying that the

packaging and stowage of the dangerous packaged cargoes are in

conformity with the IMDG Code or failing such, in accordance

with the rules of the loading port(s).

Before any dangerous cargoes may be permitted to be

handled, the owner must give due notice to the Authority, of the

place and time of such intended cargo handling operations.

(1) Without prejudice to the provisions of any other

regulation contained herein, unless expressly authorised by the

Authority in writing, dangerous packaged cargoes shall not be

loaded, discharged, handled or transferred on board any ship in

Grand Harbour or Marsamxett Harbour from sunset to sunrise, nor

shall any lighters be allowed to remain or come alongside such a

ship during that time.

(2) No lighters shall be allowed alongside, or labour gangs on

board a ship carrying dangerous packaged cargoes, until cargo

handling is about to begin.

(3) Unless expressly authorised by the Authority in writing,

ship’s compartments containing any such dangerous packaged

cargoes must remain closed and secured from sunset to sunrise and

also during any other period when cargo operations are not being

conducted in such compartments.

(4) All handling, procedures and operations carried out on

dangerous packaged cargoes shall be in strict accordance with the

requirements of the Relevant Instruments (the IMDG Code in

particular) and such requirements and precautions must be properly

supervised on board and on shore throughout every operation, as

described in these regulations.

(5) During the time that dangerous packaged cargoes are

handled, no other goods shall be worked in the same compartment

or in such a way as to pass over or through the dangerous packaged

cargoes working area, or to interfere with the handling of the

dangerous packaged cargoes in any manner whatsoever.

(6) A part cargo of dangerous packaged substances must be

stowed in such a way as to ensure that all such goods may be

discharged first, immediately cargo work commences after the

ship’s arrival in port.

(7) Without prejudice to any other prevailing Act or

regulations, unless otherwise expressly authorised in writing by the

Authority, dangerous packaged cargoes on board a ship being

carried in transit for discharge in any subsequent foreign port, shall

be stowed in compartments or areas which do not contain goods for

discharge in Malta and which are properly and effectively vapour

and liquid egress segregated from every other working

compartment and area to be used in Malta.

(8) Unless otherwise expressly authorised in writing by the

Authority, such compartments containing dangerous packaged

cargoes in transit, shall remain closed and secured throughout the

whole of the ship's stay in the waters of Malta.

(9) No person may accept for loading or discharging any

container containing dangerous cargoes which is leaking or

materially damaged.

(10) If any such damaged container is found, the Authority shall

be informed by the entity responsible for the container at that time

and such container shall be immediately isolated from any other

dangerous goods in the vicinity and removed to a distance of at

least fifty metres from any open cargo compartment or any other

area on board or ashore where hazards relevant to the nature of the

contents of the damaged container may exist.

(11) The damaged container shall then, with all prudent haste

and in conformance with the safety and pollution prevention

requirements of the Relevant Instruments, be temporarily removed

to a safe area within the port, as may be determined by the

Authority from time to time.

(12) Thereafter the owner of any damaged container must make

immediate arrangements at his own risk and expense to have it

removed from the port area to a safe place outside the ports or

territorial waters of Malta. Such removal procedures and operations

shall be conducted within such time and during such periods as may

be specified by the Authority, and in a timely, safe and prudent

manner in accordance with the requirements of the Relevant

Instruments and any other provisions contained in any Act or

regulations of Malta. The Authority further retains the right to

cause such container to be removed at any other time or by any

other means deemed fit, such removal being always at the risk and

expense of the owner.

(13) Any person who fails to comply with the provisions relating

to the time period and methods by which damaged goods must be

removed from the port area, contained in subregulation (12), shall

be guilty of an offence and shall, on conviction, be liable to a fine

(multa) not exceeding two thousand and three hundred and twenty-

nine euro and thirty-seven cents (2,329.37) for each failure to

comply with such requirement.

(14) Barges and lighters used for the carriage of substances shall

comply with the following requirements

(a) they shall be made of steel and their construction shall

be in accordance with all the requirements of both the

Relevant Instruments and these regulations;

(b) all their safety, fire and pollution prevention

equipment, procedures and operations, shall be in

compliance with and conducted in strict accordance

with the requirements of the Relevant Instruments, in

particular the IMDG Code;

(c) they shall be suitably rendered to ensure that no risk of

spark generation exists when going alongside or

leaving a ship, jetty or berth;

(d) at all times when they are carrying substances, or are

alongside a ship having substances on board, they shall

rig the emergency towing wire as specified in

regulation 24(1)(m);

(e) when carrying substances, two or more barges or

lighters shall not be towed abreast;

(f)

whenever volatile or explosive substances are being

loaded from or into barges or lighters alongside a ship,

the moorings shall be secured on board the ship or

lighter, such that they may be easily and safely slipped

in an emergency;

(g) unless it is secured for towing, a barge or lighter on

fire should not be let entirely adrift without express

instructions from the Authority.

(15) No person shall discharge or deposit any dangerous

packaged cargoes within any port area until the transport or

carriage by which it is to be removed is at that place in readiness to

receive it and all dangerous packaged cargoes landed or deposited

shall forthwith be removed from the quay to the ship or from the

quay to the duly appointed place of storage, as the case may be.

(16) Any person who fails to comply with the provisions of

subregulation (15) shall be guilty of an offence and shall, on

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

and three hundred and twenty-nine euro and thirty-seven cents

(2,329.37) for each offence.

(17) Any person who fails to comply with all the other

provisions of this regulation, other than subregulations (12) and

(15), shall be guilty of an offence and shall, on conviction, be liable

to a fine (multa) not exceeding nine thousand and three hundred

and seventeen euro and forty-nine cents (9,317.49) for each

offence.

(1) Subject to the provisions of these regulations, ships

carrying substances shall be moored, berthed or anchored in such

particular places within the ports and territorial waters of Malta, as

the Authority may from time to time direct and shall not, without

the written permission of the Authority, be moved therefrom except

for the purpose of directly leaving a port or for proceeding directly

to a tank-cleaning berth recognised by the Authority.

(2) At the discretion of the Authority, subject to the properties

of the substances, ships having on board dangerous packaged

cargoes in containers not exceeding 500 litres each in capacity and

in total quantities not exceeding

(a) 3000 litres of volatile dangerous cargoes;

(b) 6000 litres of non-volatile dangerous cargoes;

(c) 4500 litres in the aggregate of volatile and non-volatile

dangerous cargoes

shall not be deemed to be ships subject to the berthing restrictions

specified in subregulation (1) by reason of the carriage of such

dangerous cargoes, providing that such dangerous cargoes be in

con tainers stored on deck or in a com part ment kept clo sed

throughout the whole of the ship’s stay in the waters of Malta.

(1) No tanker shall enter Grand Harbour or Marsamxett

Harbour, except as expressly provided in the case of Grand Harbour

under regulations 22, 25, 26, 27, 30 and 91.

(2) Any person who fails to comply with the provisions of

subregulation (1) shall be guilty of an offence and shall, on

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

and three hundred and seventeen eur o and forty-nine cents

(9,317.49) for each offence.

The Master of any ship arriving in territorial waters

carrying dangerous substances in bulk or packages, must employ a

pilot for the purposes of entering, leaving or moving within a port

and must inform the pilot on boarding of the nature of the cargo.

(1) Before entering and throughout such ship’s stay in port

or harbour, the ship shall by day fly the International Code flag "B"

and by night, in addition to any navigation lights which may be

required by any other regulations, exhibit where it can best be seen,

but in any case not less than 7 metres above the deck, a red light

visible all round the horizon for a distance of at least two miles.

(2) In the case of a ship constrained by construction or size,

which cannot normally comply with the provisions of subregulation

(1), the Master may in lieu of such signals display by day in a

conspicuous position above the deck, a red flag of metal not less

than 0.5 metre square and by night an all round red light.

Any person who fails to comply with the provisions of

regulations 19 and 20 shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) not exceeding four hundred

and sixty-five euro and eighty-seven cents (465.87) for each

offence.

(1) Every ship shall, on completion of cargo operations,

proceed out of ports and territorial waters without delay, except

that a tanker may, with the express written permission of and under

such conditions as the Authority may permit, proceed directly and

with all cargo tanks securely closed to a tank-cleaning berth for the

purpose of tank cleaning and/or gas freeing.

(2) The master, owner or agent of a ship, irrespective of its

size, carrying dangerous or polluting goods and leaving a port or an

anchorage located in Malta shall before departure give notice to the

Authority, by such means as determined by the Authority, of all

information listed in Schedule A.

(3) Any person who fails to comply with any directive given by

the Authority in exercise of its powers according to the provisions

of subregulation (1) shall be guilty of an offence and shall, on

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

thousand and six hundred and forty-six euro and eighty-seven cents

(11,646.87) for each offence, and in the case of a continuing

offence, to a further fine (multa) not exceeding one thousand and

one hundred and sixty-four euro and sixty-nine cents (1,164.69) for

every day during which the offence continues.

Notwithstanding the provisions of these regulations, the

Authority may prohibit the entry into internal or territorial waters

of Malta of a ship to which these regulations are applicable, or may

at any time require such a ship to leave such waters.

(1) Without prejudice to any other provision contained in

these regulations, throughout the stay in the ports and internal or

territorial waters of Malta, the Master of a ship, bunker barge or

owner of a road tanker (where applicable) shall ensure compliance

with the following general requirements contained in this

regulation

(a) a ship or bunker barge shall at all times lie afloat,

except in the case of a tanker which is certified inert in

drydock, as described in regulations 27 and 28;

(b) no ship to which these regulations apply and which is

not a certified inerted tanker in a repair yard shall,

except for the purposes of transhipment, lie within

thirty metres of any other ship without the express

written permission of the Authority;

(c) a ship shall at all times be safely moored with good,

sound, fibre or wire ropes, such that excessive

movement at, or breaking adrift from, the berth, jetty

or moorings is avoided and the following requirements

must be observed

(i)

all moorings should preferably be of the same

materials and construction, except that moorings

composed entirely of high elasticity ropes are

not permitted;

(ii) within a given mooring pattern, ropes of

different elasticity may never be used together in

the same direction;

(iii) all wire ropes shall be provided with fibre tails

at least 25% stronger than the wires to which

they are attached and be of a length which does

not exceed one third of the distance between the

ship’s side chock and the berth, jetty, or buoy

mooring point;

(iv) self tensioning winches fitted with automatic

rendering and hauling shall not be used in the

automatic mode whilst the ship is moored;

(v) all the features, maintenance procedures and

recommendations

of

the

manufacturer

concerning the brake holding power of

self-stowing mooring winches must be fully

understood and observed by all concerned crew

members;

(vi) throughout the stay in Maltese ports, the

integrity and effectiveness of all moorings,

mooring systems and related equipment, must be

continually

monitored

and

effectively

maintained;

(d) except when proceeding directly to a repair facility on

arrival in territorial waters, all overboard and sea

valves connected to cargo, slops, sludge or pump-room

compartments shall be fully closed and positively

sealed, such that they cannot be inadvertently opened

and

(i)

all pumproom bilges and wells must be in a

clean, dry condition and so maintained;

(ii) in the case of ships in repair facilities, every

such ship shall depart such facilities with all

bilges and wells clean and dry;

(e) all external openings in a ship’s superstructures,

situated on, leading directly to, or overlooking any

potential dangerous area on board or potential

hazardous zone on shore, with the exception of the

pump room, must remain closed throughout all

operations related to

(i) the handling of dangerous cargoes;

(ii) the loading of dangerous cargoes into non gas-

free tanks;

(iii) the ballasting of non gas-free tanks;

(iv) ballasting into tanks which have contained

dangerous cargoes;

(v) tank cleaning or crude oil washing;

(vi) tank venting or purging;

(vii)

gas freeing;

(f)

all ventilation or air-conditioning intakes to such

places as detailed in paragraph (e) must be closed,

unless they can be so adjusted as to prevent the entry

of dangerous cargo vapours into such spaces;

(g) when atmospheric conditions are such that there is

little air movement and heavy concentrations of

dangerous vapour may persist on deck, or the

prevailing wind is likely to create eddies on the lee

side of a ship’s superstructures which may carry heavy

local concentrations of such vented vapour towards the

superstructures, the precautions laid down in

paragraphs (e) and (f) may have to be extended, or

such operations suspended whilst such conditions

persist;

(h) the Master shall ensure that all supplies of absorbent

materials, except those approved by the Relevant

Instruments for the removal of small spills, are stowed

in places effectively segregated from any areas where

dangerous cargoes may be present and no absorbent

materials are allowed to be discarded in any such

areas;

(i)

throughout a tanker’s stay at any terminal or marine

facility’s moorings, jetty or berth, fire hoses shall be

connected to the tanker's fire main (one forward and

one aft of the cargo manifold) except when undergoing

repairs at a repair yard, and

(i)

when monitors are provided they shall be aimed

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

at the manifold and ready for immediate use;

(ii) whilst cargo or ballast operations are being

undertaken, if practicable, a pump should

maintain pressure on the tanker's fire main, but

if this is not possible the fire pump should be in

a stand-by condition ready for immediate use;

(iii) throughout a tanker’s stay at any marine

terminal/facility moorings, jetty or berth, both

the tanker’s and the shore international ship/

shore fire connection shall be conspicuously

marked and in immediate readiness for the

transfer of water for fire fighting;

(iv) all necessary fire-fighting equipment, including

portable fire extinguishers, breathing apparatus,

etc. shall be maintained readily available,

especially in the vicinity of cargo manifolds;

(j)

whether inerted or not, when an electrical storm is

anticipated in the vicinity of a ship, or a marine

terminal/facility at which a ship is conducting

operations as detailed in paragraph (e), all such

operations must be stopped. All tank openings and

vent-line valves, including the bypass valve, if fitted,

on the tank ventilating system must be closed and the

cargo and/or crude oil washing systems secured;

(k) no naked lights are permitted on board a ship or within

any area, as specified in regulation 34, which is not at

that time a designated safe area or certified by a

competent person as safe for such purposes. The

Master of the ship shall also ensure that these

requirements are brought to the attention of all persons

employed on any ship, tug, lighter or bunker barge

allowed alongside and shall not permit any craft which

does not comply with these requirements to approach

or remain within such an area;

(l)

no repair work of any kind shall be permitted on board

a ship prior the issuing by a competent person of the

relevant permit(s) ("Hot work/Cold work/Electrical

Isolation/Entry", etc.);

(m) throughout a ship’s stay at any mooring, jetty or berth,

emergency towing wires ('fire wires') of adequate

strength and condition shall be made fast fore and aft

(at a jetty or berth, on the off-shore side of the tanker)

and their eyes run out and maintained at, or about, the

waterline; sufficient slack to enable effective

towing-off in an emergency should be retained

between the tanker’s bollard and chock and such slack

prevented from running out by a rope yarn or other

easily broken means;

(n) except when undergoing repair at a repair yard,

throughout a tanker’s stay at any terminal or marine

facility’s moorings, jetty or berth, its main engines,

steering gear and any other equipment essential for

manoeuvring shall be maintained in a condition that

will enable it to move away from such places at thirty

minutes notice;

(o) should such a ship for any reason be unable to comply

with the requirements of paragraph (n), the Master

must immediately inform the Authority who may

thereupon instruct the Master to engage a tug or tugs to

be on stand-by throughout the whole of the period

during which the ship is unable to so comply. Such

tug(s) shall always be engaged at the risk and expense

of the ship;

(p) should the Authority consider that inclement weather

or other conditions may adversely affect the moorings

of a ship, it may instruct its Master to engage

recognised tug(s) to stand-by or assist the ship

throughout the period that it deems such conditions to

persist. Such tug(s) shall always be engaged at the risk

and expense of the ship;

(q) except as the Authority may expressly authorise in

writing and under specified controlled conditions, no

person may enter any cargo compartment or void

space, or any other enclosed space on board any ship

which may contain dangerous cargo gases or vapours

and which has not been issued with an "Entry Permit"

by a competent person;

(r) the minimum acceptable general atmospheric

requirements for the issuance of an "Entry Permit" are

(i)

the concentrations of any toxic gases which may

be likely to be extant in the compartment shall,

throughout the compartment, be below the TLV

of such gases;

(ii) a steady oxygen level of 21% by volume shall be

accomplished and maintained throughout the

compartment;

(iii) throughout the compartment, the concentration

of any flammable gases likely to be present shall

not exceed 1% of the LFL of such gases;

(iv) throughout the whole time that entry is permitted

into the compartment, the atmospheric

conditions detailed in subparagraphs (i) to (iii),

shall be continuously monitored at all levels

within the compartment and be so maintained by

the provision of continuous and effective forced

ventilation

Provided that this permit shall be valid and

remain so only when all the other conjoined

safety resources and procedures required by the

Relevant Instruments are complied with;

(s) the Master of any ship engaged in the carriage of

dangerous cargoes, or which is not certified

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

completely gas free, shall not permit on board any

unauthorised person, or any authorised person

(whether ship’s crew or not) who is deemed to be

temporarily impaired in his judgement by reason of

intoxication, unless special and effective preparations

for their reception has been made;

(t)

except as permitted in writing by the Authority, under

the proviso that no sources of ignition, including other

ships, are within the dangerous area of such ships or

hazardous zones ashore, throughout any period when

the operations detailed in paragraph (e) are being

conducted, no other loading or discharging operations

to or from the ship (such as the taking or landing of

stores, spare parts, equipment or bunkers) is permitted;

(u) until such time as operations detailed in paragraph (e)

have been completed and until such time as a gas free

and/or inert certificate for the ship is provided to the

Authority, all such and every other ship operation shall

at all times be under the control of a duly qualified

responsible officer, designated by the Master;

(v) during operations specified in paragraph (u), a

responsible shore representative shall be readily

available to carry out and give effect to the provisions

of that paragraph;

(w) in respect of access to the ship, throughout any period

when the operations detailed in paragraph (e) are being

conducted, the following requirements must be

complied with

(i)

there shall be only one means of access to the

ship;

(ii) such access shall be continuously manned by a

crew member having close and effective means

of communication with the responsible officer in

charge of such operations;

(iii) such access shall be located as close to the ship's

accommodation and as far away from the ship

and shore manifolds as possible;

(iv) gangways and other means of access shall be

provided with an effective safety net, properly

rigged and have a lifebuoy with lifeline readily

available. During the hours of darkness, such

means of access shall be effectively illuminated

by intrinsically safe means;

(x) throughout the time a ship is at a marine terminal/

facility, the radio transmitting aerials shall be

effectively earthed and the following requirements

observed

(i)

radio, satellite communications, radar and any

other equipment which when operated may emit

potentially hazardous levels of radiated energy

externally from the ship, or involves the running

of non intrinsically safe electrical equipment,

shall not be used;

(ii) without prejudice to the preceding provision,

correctly installed fixed-installation VHF and/or

UHF communications equipment may be used,

provided that the power output is not in excess

of one watt;

(iii) no repairs involving the activating of any such

equipment are permitted without full prior

consultation between the Master and the

responsible terminal/facility representative and

may require the issuing of a work permit.

(2) Any person who fails to comply with the provisions of

subregulation (1) shall be guilty of an offence and shall, on

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

and three hundred and seventeen eur o and forty-nine cents

(9,317.49) for each offence.

(3) Any person who fails to comply with any directive given by

the Authority in exercise of its powers according to the provisions

of subregulation (1), shall be guilty of an offence and shall, on

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

thousand and six hundred and forty-six euro and eighty-seven cents

(11,646.87) for each offence, and in the case of a continuing

offence, to a further fine (multa) not exceeding one thousand and

one hundred and sixty-four euro and sixty-nine cents (1,164.69) for

every day during which the offence continues.

(1) A tanker which is empty of all cargo except slops and/

or residues may enter the Grand Harbour for the sole purpose of

proceeding directly and with all tanks securely closed, to a tank

cleaning berth, providing that these operations are carried out in

strict accordance with the requirements of the Relevant Instruments

and that no other tanker, except as provided in regulation 27, is

within the Grand Harbour at the time of transit.

(2) A gas tanker with all its tanks not gas-free or inerted, upon

being certified by the competent person as being in a vapour

saturated condition with free oxygen content nearly zero and such

tanks securely sealed, may enter the Grand Harbour for the purpose

of proceeding directly to a repair or tank cleaning facility

Provided that no other vessel shall be allowed to manoeuvre

within harbour until such tanker has entered the repair or tank

cleaning facility.

(3) Any person who fails to comply with the provisions of

subregulation (1) and subregulation (2) shall be guilty of an offence

and shall, on conviction, be liable to a fine (multa) not exceeding

six thousand and nine hundred and eighty-eight euro and twelve

cents (6,988.12) for each offence.

A tanker which has carried dangerous cargoes and which

has had all necessary tanks certified gas-free or inert may, with the

express written permission of the Authority, enter Grand Harbour

for the purpose of proceeding to a repair facility for the conducting

of controlled operations, provided that any un-inerted slop tanks

still containing slops shall be adequately vented and all vent lines

positively and effectively vapour-isolated from every other

compartment in the tanker and all other requirements of regulations

27, 28 and 29 of these regulations are complied with.

A tanker which is certified fully inert or gas free, or with

some compartments certified gas free and the remainder inert, may

enter Grand Harbour for the purposes of proceeding to a repair

facility, provided that the following additional safety checks have

also been conducted by a competent person

(a) the gas-tightness of the inert gas distribution system

and cargo tanks is confirmed, and that, attested to by

the Master’s written declaration, all tanks have been in

a continuously inert condition for at least four hours

prior inspection and will so remain throughout a

tanker’s stay in Grand Harbour. In exceptional cases

the Authority may approve lesser periods of prior

inertion, under the requirement that the competent

person undertakes immediate and frequent monitoring

of such a ship's subsequent I.G. status and record full

details of such monitoring, which shall be provided to

the Authority as required;

(b) the gas-tight seals of all cargo compartment openings

are effective and tight;

(c) all inert gas system Pressure/Vacuum Breakers or other

approved devices and Pressure/Vacuum valves appear

to be regularly maintained and that for those which are

liquid-filled, the correct fluid and level has been used

and is maintained;

(d) the water level in the deck water seal is satisfactory;

(e) both the inert gas pressure indicators and the fixed and

portable oxygen analysers are of an approved type and

have been properly calibrated.

(1) Throughout a tanker’s stay in a repair facility, the

following procedures shall be ensured by a competent person

(a) on arrival at such facility the relevant checklists as

specified in Schedule B shall be completed;

(b) before commencing repair work and not less than once

every twenty-four hours thereafter - but in any case

immediately after the tank pressure system has been

topped up with inert gas - a competent person

accompanied by a responsible ship’s officer shall,

together, check that the oxygen level at several

different levels well within every inerted compartment

has not risen above a maximum of 8% by volume, that

the pressure is maintained at a minimum of 100mm on

the water gauge and that the water level in the deck

water seal remains satisfactory;

(c) that the gas-tight seals of all cargo compartment

openings remain effective and tight;

(d) throughout the tanker’s stay in Grand Harbour, no

inerted space may be opened to atmosphere except for

the briefest period needed to accomplish oxygen

testing, ullaging or sampling;

(e) the repair facilities shall provide whenever necessary,

a continuous supply of water to the deck water seal

and inert gas of a suitable quality from a shore inert

gas generator. In any case, prior to commencement of

any repair, connection must be made between the

facility’s inert gas generator and the tanker's inert gas

delivery main;

(f)

all connections, cables and procedures used to provide

an additional electricity supply to a ship from shore,

shall be in strict conformance with all the requirements

of the Relevant Instruments, including approved

means being provided at any terminal board in the ship

to which a shore electricity supply is connected, so as

to prevent the shore supply from being connected to

the switchboard whilst it remains connected to the

ship’s generators;

(g) work permits in respect of hot work, cold work,

electrical work and entry permits should not generally

have a validity period in excess of twelve hours. In the

event that the complexity of the required work

necessitates the issuance of more than one permit, care

shall be taken to ensure that the issuance of a permit

for subsequent work does not negate the safety

conditions of any earlier permits;

(h) in the event that for any reason whatsoever, the

conditions described in paragraphs (b) to (f) cannot be

maintained, the Authority must be immediately

informed by the person in charge of the operation and

all work on the tanker must cease until such time as

these prescribed conditions are properly restored. The

Authority may order that the tanker must leave Grand

Harbour forthwith.

(2) Any person who fails to comply with any directive given by

the Authority in the exercise of its powers according to the

provisions of subregulation (1), shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) not exceeding

eleven thousand and six hundred and forty-six euro and eighty-

seven cents (11,646.87) for each offence, and in the case of a

continuing offence, to a further fine (multa) not exceeding one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) for every day during which the offence continues.

(1) Only cold work may be undertaken on a tanker whose

tanks are certified in the inert condition, except that hot work may

be carried out when, in each instance the specific permitted has

been so authorised by, and carried out wholly under the overall

supervision of a competent person and at such a safe distance from

any dangerous area on board or hazardous zone on shore, as is

specified during any specific period by such competent person.

(2) Any person who fails to comply with any directive given by

the Authority in exercise of its powers according to the provisions

of subregulation (1), shall be guilty of an offence and shall, on

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

thousand and six hundred and forty-six euro and eighty-seven cents

(11,646.87) for each offence, and in the case of a continuing

offence, to a further fine (multa) not exceeding one thousand and

one hundred and sixty-four euro and sixty-nine cents (1,164.69) for

every day during which the offence continues.

(1) A tanker may enter Grand Harbour carrying no more

than 20,000 tonnes of volatile dangerous cargoes, provided that

(a) it proceeds directly to the tank cleaning berth;

(b) in case of crude oil washing, the inert conditions

specified in regulations 27 and 28 are strictly complied

with throughout the tanker’s stay in Grand Harbour.

(2) All crude oil washing and tank cleaning operations shall be

carried out in strict compliance with the requirements of the

Relevant Instruments.

(3) On arrival at the tank cleaning berth, the relevant checklists

as specified in Schedule B, must be completed jointly with the tank

cleaning installation operator.

If at any time during crude oil washing operations, the inert

conditions specified in regulation 27 and regulation 28(b) to (e)

cannot be maintained, the Authority shall be immediately informed

by the person in charge of the operation and crude oil washing must

cease until these prescribed conditions are properly restored. The

Authority may order the tanker to leave Grand Harbour forthwith.

Subject to the provisions of regulations 25 and 26, a tanker

having carried dangerous cargoes, but on which the appropriate

tanks are not certified gas-free and/or inert, may enter or leave

Grand Harbour at any time, provided that if such movement is

between sunset and sunrise, no other ship movement shall be

permitted at that time.

(1) No ship may discharge or transfer any substances

which cannot be handled, stored or disposed of to the requirements

of the Relevant Instruments, without the written permission of the

Authority and under such conditions and requirements as it shall

deem appropriate.

(2) Without prejudice to any other provisions contained within

these regulations, all preparations for, and actual cargo handling

and/or ballasting operations, procedures and practices undertaken

o n d a n g e r o u s ca rg o e s w i t h i n t h e w a t e r s o f M a l t a , s h a l l b e

continuously and consistently undertaken in strict compliance and

in accordance with all the requirements of the Relevant

Instruments, with special attention to those contained in the

ISGOTT and relevant OCIMF guides.

(3) If at any time during the conduct of such operations, any of

the requirements of subregulation (2) cannot be maintained, then

cargo handling and ballasting operations shall immediately cease

and both ship and shore cargo handling and ballast systems shall be

secured and the Authority informed.

(4) No cargo handling and/or ballast operations shall

recommence until such time as these prescribed conditions are

properly and fully restored. At any time the Authority may order

the tanker to leave the waters of Malta.

(5) Prior commencement of every cargo handling operation

(and also prior to commencing the separate phases integrated

within each operation) the relevant checklists and declarations, as

specified in Schedule B, shall be completed as appropriate for the

operation being undertaken.

(6) Neither the joint checklists or declarations shall be signed,

nor operations commence, until mutual assurance is achieved on

the relevant sections. Certain items on the checklists will require

several checks or continuous supervision throughout cargo

handling and ballast operations.

(7) In respect of agreed pre-planned procedures for cargo,

bunker and ballast handling, if it is found that subsequent events

may affect any such operation and will require changes to the

agreed procedures, such changes shall be discussed between both

parties and agreed upon prior to any changes being effected.

(8) If substantial changes occur, these shall, in sufficient time,

be laid down in writing before any change in the procedures takes

place and in any case within the working period of those

supervisors aboard and ashore, in whose working period the

agreement on changes was reached.

(9) When considering the possibility of handling a number of

dangerous cargoes concurrently, the properties of the cargoes

handled, the equipment of both ship and shore installations, the

ability of the tanker’s crew and shore personnel to safely execute

and sufficiently control the necessary operations, shall be taken

into account.

(10) No tanker may undertake cargo handling operations on

dangerous cargoes in the Grand Harbour or in Marsamxett Harbour,

except on ballast water or slops for landing at a tank-cleaning

berth, or crude oil washing carried out in accordance with the

requirements specified in regulation 30.

(11) No tanker may undertake cargo handling operations on

dangerous cargoes at any berth, jetty or mooring other than at such

place as the Authority may instruct from time to time.

(12) No transfer of any substances is permitted into containers

on board a tanker or on lighters in any port. The Authority may

however authorise such operations in any port, other than Grand

Harbour, under such conditions and requirements as it may deem

appropriate.

(13) Between sunset and sunrise, a tanker may rig or disconnect

cargo hoses and/or undertake cargo handling operations on

dangerous cargoes

Provided that adequate approved intrinsically safe fixed

installation illumination, which complies with all the requirements

of the Relevant Instruments, is provided on board the ship and

similarly provided on shore to illuminate the ship and its access

when alongside a berth.

(14) Whenever a tanker’s construction allows, "closed loading"

procedures should be adopted.

(15) All cargo tank lids, sighting, sampling and ullaging ports

shall be closed and secured prior to commencement of cargo

handling on any volatile dangerous cargo, or a non-volatile

dangerous cargo into non gas free tanks, or ballasting into tanks

having contained a volatile dangerous cargo except in the case of

gas freeing and/or purging.

(16) Before handling any volatile dangerous cargo, or loading a

non-volatile dangerous cargo into non-gas-free tanks, or ballasting

into tanks having contained a volatile dangerous cargo, or venting/

purging of tanks having contained such volatile dangerous cargoes,

the tanker ’s tank venting system shall be set for the operation

concerned.

(17) When cargo handling or ballasting operations have

commenced, such operations shall proceed with due diligence and

if they are discontinued, the cargo system and tanks on the tanker

shall be secured and closed.

(18) During the operations described in subregulation (16),

ullage, sighting and sampling ports shall only be opened for the

shortest possible time required to fulfil their functions and all such

openings must be protected by gauze screens which are in a good

and clean condition, or by other approved means.

(19) During loading or ballasting operations, the pressure/

vacuum relief valves must be either opened or by-passed and high

velocity valves shall be set in the operational position.

(20) During any cargo handling operations, no repair work to the

cargo handling system is permitted either aboard a tanker or on

shore. If such repairs are necessary, all operations shall cease, the

cargo system shall be secured, ship/shore hoses shall be

disconnected and the appropriate permits shall be obtained from a

competent person before such authorised repairs may commence.

(21) Any person who fails to comply with the provisions of

subregulations (1) to (20) shall be guilty of an offence and shall, on

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

and three hundred and seventeen euro and forty-nine cents

(9,317.49) for each offence.

Except as prescribed in regulations 27 and 28 and subject to

written authorisation by the Authority and under such conditions as

it may deem fit, any area contained within an envelope enclosing a

distance of thirty metres from any part of a ship engaged in the

operations specified in regulation 33(16), shall be regarded as a

danger area.

(1) All hoses and other appliances used for the handling of

dangerous cargoes shall conform with the requirements of the

Relevant Instruments for the usage to which they are being put.

(2) Before and during any operation, hose strings shall be

subjected to a close visual inspection for the purpose of

determining any possible visible defects in their bore or outer

covers, such as evidence of leakage, blistering, abrasion or

flattening.

(3) Hoses and other cargo transfer appliances shall have their

maximum permissible pressure rating and date of last pressure test

clearly and indelibly indicated on them by a testing facility

recognised by the Authority. Tests shall be done according to their

manufacturer’s specifications at intervals which are in accordance

with their manufacturer’s recommendations, but in any case not

exceeding one year.

(4) Hoses shall be protected from any chafing or rubbing and

steel wires for lifting shall not be permitted to have direct contact

with a hose.

(5) All connections, both between sections of hoses and from

hoses to manifolds, shall be properly and fully accomplished and

excessive weight must not be allowed on the tanker’s manifold.

(6) During cargo handling operations, the hose strings shall be

adjusted to avoid undue strain on the hoses or the manifold

connections and to ensure that the radius of curvature of the hose

remains within the manufacturer’s recommended limits.

(7) When cargo hard arms with approved mechanical couplers

are being used, the tanker's manifold flange face shall be smooth

and free of rust, to ensure a tight seal.

(8) All cargo hose strings and hard arms used shall be fitted

with an insulating flange or a single length of non-conducting hose,

to ensure electrical discontinuity between the tanker and shore

during connection and disconnection.

(9) Throughout cargo operations adequate supervision shall be

maintained in the vicinity of flexible hoses/hard arms, both aboard

tanker and ashore, to ensure that in the event of accident, cargo

transfer can be stopped without delay.

All tanker cargo and bunker pipelines not in use shall be

securely and fully blanked at the manifold. Stern cargo pipelines

not in use shall be isolated from a tanker’s main pipeline system,

forward of the aft accommodation, by blanking or the removal of a

spool piece.

Prior to commencing and throughout the whole period when

any cargo or bunkering operations are being undertaken, all

scuppers and openings in the ship’s decks, hull or superstructure,

which could permit egress of substances into the sea in the event of

an incident, shall be properly and effectively closed.

Throughout all cargo and bunkering operations drip pans

shall be used and maintained effective, unless means for permanent

retention of slight leakage at the ship/shore connection is provided.

Adequate supplies of approved intrinsically safe absorbent material

shall be kept readily available for immediate use in the event of a

minor leakage. After usage, the contaminated materials shall be

immediately removed to a safe area.

After cargo operations are completed, no ship’s cargo or

bunker tanks may be opened nor cleaned whilst the ship is in

internal or territorial waters, except at such places and under such

conditions as the Authority may authorise.

No naked lights of any description shall be allowed on

board any vessel being used within the ports for the carriage of

dangerous cargoes in bulk or in packaged form, except that

smoking may be permitted in places defined as designated safe

areas.

Nothing in these regulations shall prevent a ship, vessel or

bunker barge from carrying dangerous cargoes between the islands

of Malta, provided that

(a) all the precautions and requirements related to the

carriage and handling of such cargo as prescribed in

these regulations and considered applicable by the

Authority are complied with;

(b) in no case shall ships or vessels carry dangerous

cargoes whilst carrying passengers;

(c) no person shall smoke on board any such ship whilst

volatile dangerous cargoes are being carried, except in

places which the Master has laid down as designated

safe areas for that purpose.

Nothing in these regulations shall be taken to relieve the

Master of his responsibilities and liabilities for the safety of the

ship, the crew and any person working aboard the ship, the cargo

carried in the ship and the property and life of others, which may be

endangered by the ship or its cargo.

PART III

Bunker Supply Barges and Bunker Receiving Ships

Bunker barge operations of any kind within the territorial

and internal waters or ports of Malta shall only be undertaken by

means of a licensed or authorised bunker barge.

A bunker barge shall carry only bunkers.

(1) Outside port areas, bunker supply operations shall only

be conducted in the anchorage areas designated by the Authority.

(2) The Master of a bunker barge shall, prior to every proposed

bunker supply operation, inform the Authority of the specific

designated bunker anchorage area indicated by him to the receiving

ship for the conduct of that particular operation and shall not

commence any such operation until the Authority’s approval for

same has been confirmed.

(3) The bunker barge must be in position off the indicated

bunker anchorage area prior to the arrival of the bunker receiving

ship at that area.

(4) The ultimate responsibility for the choice of any one of

those designated anchorage areas and for safe navigation

throughout any bunkering operation, rests solely with the Master of

the bunker receiving ship.

The Authority may from time to time establish or cancel

any bunker area anchorages, or amend the boundaries of any

bunker area anchorage.

Any person who fails to comply with the provisions of

regulations 43 and 44 shall be guilty of an offence and shall, on

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

and three hundred and seventeen eur o and forty-nine cents

(9,317.49) for each offence.

(1) When deemed applicable by the Authority, in respect

of matters relating to operational practices such as, timing of

operations, safety, fire, pollution prevention, bunker handling

equipment and hoses, a road tanker supplying bunkers to a ship or

vessel shall, whilst within any port area, be no less constrained by

the requirements of these regulations than a bunker barge.

(2) Such a road tanker as specified in subregulation (1),

whether sub-contracted or not, shall always be deemed by the

Authority to be wholly the servant of the bunker operator and all

the requirements and obligations required of such road tankers

under these regulations, are so made incumbent upon such bunker

operators.

(1) Every offshore bunkering operation shall be conducted

on the lee coast.

(2) Any person who fails to comply with the provisions of

subregulation (1) shall be guilty of an offence and shall, on

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

and three hundred and seventeen eur o and forty-nine cents

(9,317.49) for each offence.

At no time shall a bunker barge anchor in the waters of

Malta, without prior authorisation from the Authority.

(1) A bunker barge shall not go alongside another barge or

ship after sunset, without the express prior authorisation of the

Authority.

(2) If any bunkering operation is estimated to be prolonged

after sunset, the Authority shall be informed by the Master of the

bunker barge immediately this possibility is perceived and express

prior authorisation shall be sought from the Authority to extend

operations after sunset. If this is not obtained, the bunker barge

shall be unmoored from and clear of the receiving ship before

sunset.

Any person who fails to comply with the provisions of

regulations 45, 50 and 51 shall be guilty of an offence and shall, on

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

and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) for each offence.

Every ship requesting entry into a port or territorial waters

of Malta for bunker reception purposes shall provide, within

norm al working hours, the advance notice of arrival to the

Authority as prescribed in regulation 12.

Within the ports of Malta, bunkering operations shall only

be carried out in Marsaxlokk, Marsamxett, Grand Harbour and

M[arr, Gozo and only at such ports or any other places as may be so

authorised by the Authority from time to time.

Without prejudice to any other provision contained in these

regulations, the owner and Master of a bunker barge shall ensure

that all ship-to-ship equipment, operations, procedures and

practices are in full compliance with all the requirements laid down

in the Relevant Instruments with especial consideration being given

to the requirements contained in the OCIMF "Ship to Ship Transfer

Guide" and to such provisions as the Authority may prescribe from

time to time.

Any person who fails to comply with the provisions of

regulations 54 and 55 shall be guilty of an offence and shall, on

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

and three hundred and seventeen euro and forty-nine cents

(9,317.49) for each offence.

The relevant checklists, in accordance with all the

requirements of the Relevant Instruments, shall be fully and properly

completed by the Masters of the bunker receiving ship and the

bunker barge prior to the commencement and also at each integral

stage of every bunkering operation. Such completed checklists

shall be presented to the Authority during normal working hours by

the Master of the bunker barge on completion of each bunkering

operation.

Bunker barges shall be manned, as required by the

Authority, on a 24-hour basis and maintained in readiness to leave

berth at short notice.

When a bunker barge is going alongside a berth, no crew-

member may proceed on shore to receive moorings and, in every

instance, personnel shall already be present on shore to handle

moorings.

The Master of the bunker barge shall be responsible for

determining and ensuring that all the requirements prescribed in

regulation 37 are complied with by the bunker receiving ship.

Any person who fails to comply with the provisions of

regulations 57 and 60 shall be guilty of an offence and shall, on

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

and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) for each offence.

Notwithstanding any other requirements contained in these

regulations, simultaneous multi-grade bunker supply, whether by

barge, road tanker, or both shall not be undertaken unless prior

specific written authorisation has been obtained from the Authority.

Throughout a bunker supply operation, both the bunker

barge and the receiving ship shall fully comply with the

requirements contained in regulation 24(1)(n) and (o).

(1) The Authority shall only consider licensing or the

renewal of a licence for a bunker barge to operate within the waters

of Malta, after the fo llowin g requi rements have b een fully

complied with

(a) the owner of such barge shall inform the Authority in

writing that insurance cover in respect of third party

damage, marine environment pollution damage and

clearance of pollution liabilities, for an amount

acceptable by the Authority, has been obtained from an

insurer recognised by the Authority;

(b) the owner shall provide the Authority with a copy of

such insurance cover, including all the conditions,

exceptions and exclusions imposed thereon;

(c) if such insurance cover is approved by the Authority,

then throughout the duration of its service as a

licensed or authorised bunker barge, such approved

cover must remain whole;

(d) notwithstanding the provisions of paragraph (c), the

Authority may at any time, require that changes or

supplements be made to such cover and any such

requirements shall be implemented by the owner

without delay;

(e) notwithstanding the provisions of paragraph (c), in the

event that any changes to such approved cover are

subsequently proposed by either the insurer and/or the

owner, these proposals shall be fully advised in writing

to the Authority for its consideration and any such

proposed changes shall not be effected unless so

authorised in writing by the Authority;

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

(f)

a barge of such dimensions or tonnages as are

specified in the Relevant Instruments, or as may be

determined by the Authority from time to time, shall

be in class with a Classification Society recognised by

the Authority, without any recommendations or

exemptions to its Class. Such Class status must ever

remain valid;

(g) a barge of such dimensions or tonnages as are

specified in the Relevant Instruments, or as may be

determined by the Authority from time to time, shall

be in possession of an approved and valid IOPP

certificate issued by a Classification Society

recognised by the Authority. Such IOPP certificate

status must ever remain valid;

(h) a barge shall comply with such requirements as are

specified in the Relevant Instruments for its

dimensions or tonnages, or as the Authority may

determine from time to time;

(i)

the barge owner shall enter into an undertaking with a

specialised organisation, recognised by the Authority,

to provide an effective 'on-call' service for the

immediate control and removal from both sea and land

of any potential consequences of the most

environmentally hazardous operations that can be

undertaken;

(j)

the barge owner shall provide the Authority with full

written details of such organisation, its estimated

lead-time to put the necessary equipment and

personnel on site at any potential pollution incident

and full details of the extent of services, equipment

and expert personnel immediately available to it, as

secured by the owner from that organisation;

(k) if the Authority approves such an organisation, and

extent of services secured, then these must ever remain

valid;

(l)

notwithstanding the provisions of paragraph (k), the

Authority may at any time require that changes be

made to either such secured services or organisation,

and any such required changes shall be implemented

without delay by the bunker barge owner;

(m) notwithstanding the provisions of paragraph (k), in the

event that any changes to such secured service or

organisation, are proposed by the owner to the

Authority, such proposed changes shall not be effected

unless so authorised by the Authority;

(n) the barge owner shall provide the Authority with

copies of the designated Master and crew members

Certificates of Competency, Dangerous Cargo

Endorsements and Records of Sea Service;

(o) the Authority shall prescribe to the barge owner the

minimum

requirements

for

manning

levels,

professional

Certificates,

Dangerous

Cargo

Endorsements or relevant tanker experience, required

by the Master and crew. Such requirements must ever

remain valid;

(p) a bunker barge owner shall not substitute or replace

any Master or crew member or reduce the manning

complement, unless the documents required in

paragraph (n) have been provided and approval in

writing has been obtained from the Authority.

(2) Any person who fails to comply with the provisions of

subregulation (1) shall be guilty of an offence and shall, on

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

and three hundred and seventeen eur o and forty-nine cents

(9,317.49) for each offence.

(1) Without prejudice to any other provisions contained in

these regulations, the owner and Master of a bunker barge shall

ensure that all bunker supply operations are undertaken in full

compliance with all the requirements laid down in the Relevant

Instruments, which include

(a) during every bunkering operation within any port area,

containment booms of such a size and range as to

effectively contain any oil spill potential to such an

operation, shall be properly and effectively deployed;

(b) when such operations are undertaken at an 'open face'

wharf or jetty, additional containment booms of

adequate size and range shall be deployed alongside

such wharf or jetty, by the bunker barge, so as to

effectively prevent any ingress of any potential oil

spill;

(c) when a bunkering operation is carried out within a

port, adequate "Fence" booms shall be effectively

deployed fore and aft, between the barge and receiving

ship, to contain any possible oil-spill;

(d) any oil-spill or accidental equipment failure which

may increase the normal pollution hazards of any

operation, shall be immediately reported to the

Authority;

(e) during every bunkering operation, the bunker barge

shall have aboard adequate supplies of approved

absorbent materials and oil dispersants readily and

immediately available; but oil dispersants shall only be

deployed with the permission of the Authority, taking

into account the circumstances of each case;

(f)

a motor-propelled boat shall be carried on board the

bunker barge equipped with sufficient supplies of oil

dispersant and efficient means of applying same, for

the purpose of providing effective "first-aid" pollution

control;

(g) the boat described in paragraph (f) shall be capable of

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

being swiftly and readily launched at any time during

bunkering operations and both the craft, its propulsion

machinery and oil dispersant equipment must be

maintained at the highest levels of preparedness;

(h) all bunker barge cargo transfer equipment and hoses,

navigational, safety, and pollution prevention/control

equipment, shall always be maintained in good

working order and the Master and crew properly

trained in their effective use and deployment;

(i)

all hoses and other appliances used for bunkering

operations, the operational practices conducted with

them and the certification required for them, shall be

in strict accordance with the requirements of

regulation 35(1) to (6) and (8) and (9);

(j)

at all times during bunker operations within any port,

adequate types and quantities of spill-removal

skimmers approved by the Authority, sufficient to

effectively

remove

any

potential

bunker

operation-generated spill shall be provided by the

bunker barge owner and properly maintained in

readiness for immediate use as required;

(k) at all times during bunker operations within any port

area, temporary portable emergency spill storage tanks

of adequate types and capacities approved by the

Authority, must be provided by the bunker barge

owner and properly maintained in readiness for

immediate use as required;

(l)

all mechanical pollution prevention/control equipment

and operational ancillaries, such as pumps,

compressors, hydraulic power packs and motivating

units must be tested at regular intervals not exceeding

three months;

(m) effective and planned maintenance schemes, approved

by the Authority, must be prepared and properly

implemented by the bunker barge owner to ensure that

all pollution prevention/control equipment is

continuously and effectively maintained in good

working order. Such schemes must include a checklist

aide-memoire for use of all personnel concerned with

the usage and maintenance of such equipment and

systems;

(n) the planned maintenance schemes, specified in

paragraph (m), and both routine and exceptional

maintenance data shall be recorded in detail and kept

readily available for inspection by the Authority;

(o) any pollution prevention/control degradeable media,

referred to in this regulation, shall be regularly

operationally tested at not less than biannual intervals,

to establish their continued effectiveness

Provided that, five years from the date of

manufacture of such media, testing of representative

samples shall be conducted annually at laboratory

facilities recognised by the Authority, for the purpose

of obtaining a certificate that such media continue to

be effective for their intended purpose;

(p) a bunker barge owner shall ensure that an adequate

number of personnel are fully trained by organisations

recognised by the Authority in the effective handling,

usage and application of all pollution prevention/

control equipment and media, so as to ensure full and

effective pollution prevention/control coverage at all

times during bunker operations;

(q) a bunker barge owner shall also ensure that such

personnel, referred to in paragraph (p), undertake

refresher courses at intervals recommended by such

organisations;

(r) a bunker barge owner shall prepare effective pollution

prevention/control contingency plans covering the

most environmentally hazardous incidents that can

occur during bunker supply operations to other ships,

or reception of bunker stocks at a bunker terminal;

(s) plans, referred to in paragraph (r), must take into

account both the resources of the bunker barge owner

and those of the local related emergency services and

their cooperation;

(t)

a bunker barge owner shall conduct, at least

biannually, pollution-response drills, approved by the

Authority, utilising his own resources and personnel,

making actual usage of or testing all equipment,

facilities and systems by both designated and alternate

personnel;

(u) each bunker barge owner shall also participate in all

joint pollution-response manoeuvres which may be

organised by the Authority from time to time in

conjunction with other concerned agencies and

services;

(v) the Authority may suspend or refuse renewal of a

bunker barge licence authorisation if any of the

following equipment aboard a bunkering barge are

missing, inoperative, or inadequate, until such time as

such deficiencies are rectified to the satisfaction of the

Authority

(i)

Compass;

(ii)

Radar;

(iii)

Echo Sounder;

(iv)

Rudder Angle Indicator;

(v)

Daylight Signalling Lamp;

(vi)

Barometer;

(vii) Thermometer;

(viii) Inclinometer;

(ix)

Binoculars;

(x)

all charts available for the waters of Malta;

(xi)

at least two properly maintained high or low

pressure fenders adequate for the intended

operations;

(xii)

two electrical generators, each of sufficient rated

output to supply all the bunker barge’s

operational requirements, must be in working

order throughout any period when bunkering

operations are being undertaken;

(xiii) any items specified in paragraph (h).

(2) Such deployments and provisions as are required under

subregulation (1) shall be recorded in detail for inspection by the

Authority.

Any Master or owner of a bunker barge when engaged in

bunker supply or loading of bunker stock operations, or lying

within any danger area or hazardous zone, shall comply with all

other applicable requirements of the Relevant Instruments, with

special attention to the following

(a) regulation 24(1)(a), (d), (h) to (l) and (n) to (t);

(b) regulation 33(2) to (8) and (20);

(c) regulation 35(1) to (6), (8) and (9);

(d) regulations 36, 38 and 40.

No work permits need be obtained by any Master of a

bunker barge, which is at that time not engaged in any bunker

operation, unless such work involves "hot work". Prior application

for a "hot work permit", the Authority must be informed.

Any person who fails to comply with the provisions of

regulations 65 and 66 shall be guilty of an offence and shall, on

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

and three hundred and seventeen euro and forty-nine cents

(9,317.49) for each offence.

Nothing in these regulations shall be taken to relieve the

Master of his responsibility and liability, especially with regards to

the life and property of others, the crew and any other person

aboard, the marine environment, the bunker barge and cargo.

PART IV

Marine Terminals and Facilities

Marine terminal/facility operators shall provide to the

Authority, from time to time, for exclusive and confidential use,

full details and updated information regarding safety and pollution

prevention/ control, including relevant operational data, equipment

and personnel resources, general and specific procedures, policies

and plans in respect of fire-fighting, emergency and pollution

prevention/control.

In addition to the safety and pollution prevention/control

data referred to in regulation 70, the following information shall

also be provided to the Authority by such operators

(1)

full general details of

(a) equipment layout plans dealing with the most safety

and environmentally hazardous operations that are or

shall be undertaken at that marine terminal/facility;

(b) the routine pollution prevention/control procedures

and equipment both within the terminal/facility and as

required by the terminal/facility operator to be on

board ships or bunker barges utilising his facilities;

(c) the operations manual;

(d) the operations checklists;

(e) all safety and pollution prevention/control training

programmes provided to personnel;

(f)

all prescribed emergency procedures;

(g) ship data records concerning incidents and turnaround

reports;

(h) routine and exceptional manning schedules;

(i)

plans of the general terminal/facility layouts;

(j)

the terminal/facility regulations;

(k) descriptions of known problem areas at the terminal or

facility;

(l)

list of Marine maintenance work orders;

(m) preventive maintenance and inspection procedures;

(n) the means and procedures provided by the terminal or

facility for effective communications between all

concerned persons during a ship's transit to and from

berths or moorings, at berths or moorings and during

cargo handling/COW/tank cleaning and bunker

operations;

(o) the organisation chart of the marine terminal/facility;

(2) with regard to facilities available for each berth, mooring or

jetty full details of

(a) the number of moorings, jetties or berths available;

(b) the maximum and minimum sizes of ships for which

each mooring, berth, and jetty is designed;

(c) the maximum and minimum actual depths of water

available at each mooring, berth or jetty;

(d) the cargo transfer systems provided at each mooring,

berth or jetty;

(e) product types and volumes actually being handled at

each mooring, berth or jetty and the product type and

volumes for which each was designed to be capable of

handling;

(f)

the product slates for each mooring, berth or jetty;

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

(g) the general layout of each mooring, berth or jetty;

(h) the designed and actual environmental constraints for

each mooring, berth or jetty, including wind and sea

state;

(3)

with regard to mooring layouts full details of

(a) the maximum design mooring loads and permissible

number of lines per hook, bollard or mooring;

(b) the design and actual physical constraints for each

mooring, berth or jetty, including

(i)

maximum ship LOA and beam;

(ii)

minimum and maximum freeboard;

(iii)

deadweight displacement;

(iv)

position of transfer manifold(s);

(v)

angle, direction and approach velocity for

berthing or mooring operations;

(c) damage reports for each mooring, berth or jetty;

(4)

with regard to cargo transfer full details of

(a) the environmental limits of equipment such as

hard-arms, booms, etc;

(b) the operating envelopes for hard-arms, booms, etc.

including the limits of drift and surge;

(c) the simultaneous cargo handling and/or ballast

procedures and possibilities routinely conducted or

available at each mooring, berth or jetty;

(d) the manifold connection criteria;

(e) the flow rates, temperature and pressures at which

substances are routinely handled and the design limits

of the transfer system in respect of such matters;

(f)

cargo hose specifications;

(g) hose-testing and inspection criteria and records;

(h) hard-arm/hose operating instructions, including drift

and surge detection and emergency release systems;

(i)

over-pressure

protection

systems

and

inspection

criteria;

(5)

with regard to pollution prevention full details of

(a) all historical incident reports;

(b) spill clean-up plans and equipment;

(c) emergency shut-down system details, such as remotely

operated block valves, check valves, alarms and

testing/inspection criteria;

(d) pollution prevention checklist;

(e) pollution control contingency plans for both

operations conducted at the terminal/facility, its

moorings, berths and jetties, by the operator or by

third party bunker barges permitted by the operator to

use such facilities for bunkering operations;

(6)

with regard to safety, full details of

(a) the berth, jetty and terminal/facility surveillance and

security systems, procedures and practices;

(b) safety checklists;

(c) the means of egress from the berths or jetties of a

terminal/facility (especially in case of an emergency);

(d) fire-fighting equipment, including the number and

location of monitors, hydrants and portable

extinguishers and the design flow rates and pressure

for foam and water systems;

(e) life-saving and personnel protective equipment;

(f)

contingency plans for effectively dealing with fire,

safety incidents and emergencies at the moorings,

berths or jetties at the terminal/facility or on board any

third-party bunker barge permitted by the operator to

use his terminal or facility.

Any person who fails to comply with the provisions of

regulation 71 shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69) for

each offence.

The Authority shall only consider issuing or renewing a

licence to a marine terminal/facility as a bunker operator when the

requirements of regulation 64(1)(a) to (e) have been fully complied

with.

(1) The Authority shall only consider issuing or renewing

a licence to a marine terminal/facility as a bunker operator when

pollution control and removal equipment, resources, trained

personnel and approved procedures for any potential consequences

of the most environmentally hazardous operations that can be

undertaken at such place are wholly provided by the operator and

approved by the Authority.

(2) Notwithstanding the provisions of subregulation (1), in the

event that such an operator cannot himself achieve such

requirements to the satisfaction of the Authority, then such an

operator shall forthwith comply with the requirements of regulation

64(1)(i) to (m).

The Authority shall only consider issuing or renewing a

licence to a marine terminal/facility bunkering operator when

fire-fighting and emergency resources, trained personnel and

approved procedures for any potential consequences of the most

environmentally hazardous operations that can be undertaken at

such place are wholly provided by the operator and approved by the

Authority.

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

An operator of a marine terminal/facility shall bind himself

and all his servants, jointly and severally, to comply with all the

requirements of the Relevant Instruments with special emphasis to

the following

(a) an operator shall ensure that when undertaking

operations involving ship-to-terminal, terminal-to-ship

or ship-to-ship transfer at a terminal’s facilities of

dangerous cargoes or bunkers supplied by or permitted

by the operator to be supplied by third parties at

facilities controlled by that operator or ship’s COW or

tank-cleaning operations, the requirements of

regulation 33(5) to (8) are fully complied with;

(b) the terminal/facility checklist copies as provided in

paragraph (a) shall be retained by the operator for at

least twelve months and shall be kept readily available

for inspection by the Authority as required;

(c) ship/shore bonding cables shall never be used;

(d) the operational practices conducted with hoses and

other appliances, including jetty pipelines where

applicable, for operations referred to in paragraph (a)

and the certification required for them shall be in strict

accordance with the requirements of regulation 35;

(e) at a minimum biannually, all flexible underwater lines

used for the operations referred to in paragraph (a)

shall be subjected to an underwater inspection, whilst

being maintained under the maximum pressure for

which these lines are certified;

(f)

at least once every twelve months, all jetty pipelines

and rigid underwater lines used for the operations

referred to in paragraph (a) shall be examined whilst

being maintained under the maximum pressure for

which these lines are certified;

(g) inspections, as specified in paragraphs (e) and (f), shall

only be carried out by independent contractors

recognised by the Authority and a certificate attesting

to and stating the results of each such test shall be

obtained by the operator;

(h) prior to every operation, referred to in paragraph (a),

all surge or over-pressure protection arrangements and

devices for both underwater and surface product lines

being used, shall be tested;

(i)

during any operation, as referred to in paragraph (a),

all the requirements of regulation 65(1)(a) to (k) shall

be made applicable to and strictly complied with by

marine terminal/facility operators;

(j)

prior to commencement of handling liquid bulk

cargoes, marine terminal/facility operators shall ensure

that all drain holes and pipes and all other drains of

any kind on their jetties, wharfs or quays, where liquid

bulk cargoes might escape in case of an accident, are

effectively closed and so remain, to prevent such

possibility;

(k) during an operation, referred to in paragraph (a),

operator’s personnel, in conjunction with ship’s

personnel, shall inspect at intervals, ship’s mooring

lines and arrangements to ensure they are being safely

and adequately tended and maintained by the ship;

(l)

in addition to the primary communication system used

between the marine terminal/facility and the ship

during all operations, specified in paragraph (a), there

shall also be provided by such operator for immediate

use an adequate 'secondary communications' system in

the event of the normal communications system

failing. Such system may consist of an

intrinsically-safe portable V.H.F. with a dedicated

channel provided to the ship by the operator or any

other means acceptable to the Authority.

An operator shall accomplish and thereafter maintain the

following administrative, training and procedural requirements

(a) such operators shall be subject to the requirements of

regulation 65(1)(l) to (u);

(b) an operator shall compile and conspicuously and

permanently display in weather-tight enclosures

immediately inside the terminal/facility entrances and

exits, clear detailed descriptions and plans of the

precise storage location of all pollution control

equipment available at such places, including those

located at any moorings, berths or jetties. If the storage

location is kept secured, then access to keys or other

means of entry to such places shall be detailed and

means of immediate access made readily available;

(c) such descriptions/plans as specified in paragraph (b)

shall be provided to the Authority and also to any other

external service providing organisation which may

potentially be assisting in a terminal/facility pollution

control incident.

An operator shall, within intervals specified in this

regulation, accomplish and thereafter maintain the following

resource provisions, administration, training and procedural

requirements

(1) adequate quantities of water for both fire-fighting and

boundary/adjacent area cooling, and effective means

of application, shall be available for immediate use

both within a marine terminal or facility and at the

berths or jetties;

(2) adequate quantities and types of fire-fighting foam

approved by the Authority and effective means of

application, shall be available for immediate use both

within a marine terminal/facility and at the berths or

jetties;

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

(3) where appropriate, adequate quantities and types of

firefighting Dry Powder (Potasium-based preferred for

terminals handling LPG/LNG gases) and other

appropriate approved fire-extinguishing media, and

effective means of application, shall be available for

immediate use both within a marine terminal/facility

and at the berths or jetties;

(4) all fire-fighting, emergency, safety equipment and

their operational ancillaries, including pumps.

compressors and generators, must be tested at regular

intervals not exceeding one month;

(5) when the terminal/facility is active, an operator shall

ensure the presence of an adequate number of

personnel who have been fully trained in the effective

prevention and combating of the types of fires and

other hazards possible in their operations;

(6) such personnel, referred to in paragraph (5), shall also

undertake appropriate 'refresher' courses at the

intervals recommended by the recognised training

organisations;

(7) an operator shall comply with all the requirements

contained in regulation 65(1)(o) with respect to all

fire-fighting degradeable media;

(8) an operator shall at least once a month conduct fire/

safety and emergency drills, approved by the

Authority, utilising his own resources and personnel;

(9) such drills shall include the actual usage or testing of

all equipment and systems by both designated and

alternate personnel, in as near emergency conditions'

as possible;

(10) a communications log, in a written or tape-recorded

form, shall be maintained throughout such drills, to

record all communications;

(11) an operator shall identify within his terminal/facility, a

'control centre', together with an alternate, from where

all firefighting/emergency/safety operations are

overall controlled and co-ordinated;

(12) during emergency situations or drills, such a 'control

centre' shall be manned by adequate number of

properly trained personnel having complete knowledge

of all contingency plans, operational and emergency

equipment and systems, including backup and

alternate resources;

(13) such 'control centre' personnel shall be provided with

efficient and effective primary and secondary

communication systems (if these are VHF or similar,

they must have 'private' dedicated channels), for

liaising with and controlling all efforts within the

terminal/facility, on board ships at the terminal/

facility’s moorings, berths or jetties, at other such

adjacent places

and

with

external

emergency

resources;

(14) where internal terminal/facility telephone systems are

used for 'control centre' purposes, communications

shall be capable of being over- ridden by the person in

overall charge of emergency operations;

(15) in the case of a large terminal/facility or where

moorings, berths or jetties are some distance from the

terminal or facility, the operator shall also establish an

emergency 'forward control' unit to be in local charge

of operations at the scene of the incident, in full liaison

with the 'control centre';

(16) the 'forward control' unit, shall consist of adequate

numbers of properly trained personnel having

complete knowledge of all the contingency plans,

operational and emergency equipment and systems,

including back-up and alternate resources;

(17) such 'forward control' personnel shall be supplied with

adequate types and quantities of efficient and effective

resources for dealing with any potential consequences

of the most environmentally hazardous operations that

can be undertaken at such places and be also provided

with primary and secondary communications systems

fully compatible with those of the 'control centre';

(18) operators shall assign 'call-signs' to different units of

their emergency-response teams and such 'call-signs'

shall be used in all emergency-response and drill

communications;

(19) in addition to the drills referred in paragraph (8), all

such operators shall fully participate in all joint

pollution-response exercises which may be organised

by the Authority from time to time, in conjunction

with other concerned agencies and services;

(20) the operator shall compile adequate and effective

safety, emergency and fire-fighting contingency plans,

covering the most hazardous incidents that can occur

at the marine terminal or facility or its moorings,

berths and jetties

(21) such plants as described in paragraph (20) must take

into account both the resources of the operator and

those of the local related Agencies and emergency

services;

(22) an operator shall provide safety equipment, such as

adequate quantities and types of fire-fighting

personnel protection suits, water-spray diffuser

nozzles for providing personnel protective water

barriers, self-contained breathing apparatus and

stretchers and their use included in all drills and

exercises;

(23) an operator shall comply with all the requirements

contained in regulation 65(1)(l) to (o) with respect to

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING

all fire-fighting, safety and emergency equipment;

(24) an operator shall ensure that at least once every twelve

months all portable fire-extinguishers used anywhere

within his installations are either examined or tested to

establish their continued effectiveness by an

organisation recognised by the Authority. The testing

organisation shall verify same by clearly and indelibly

marking each such extinguisher;

(25) an operator shall make arrangements, at his own risk

and expense, with a tug company recognised by the

Authority for the provision of an 'on-call' service

whereby a ship moored at his terminal/facility may be

quickly towed clear of such place dunging emergency

situations occurring either at such terminal/ facility or

on board the ship;

(26) an operator shall make arrangements, at his own risk

and expense, with organisations recognised by the

Authority for the provision of an 'on-call' service

whereby 'water-side' firefighting assistance (including

boundary cooling) shall be quickly provided to ships

moored at his moorings' berths or jetties;

(27) an operator shall provide to the Authority full details

of any arrangement referred to in paragraphs (25) and

(26) and such arrangements shall ever remain

effective;

(28) an operator shall comply with all the requirements

contained in regulation 77, with respect to all

fire-fighting, safety and emergency equipment and

systems;

(29) an operator shall compile and conspicuously and

permanently display in weather-tight enclosures

immediately inside the terminal/facility entrances and

exits, clear detailed descriptions and plans of all means

of emergency exits, for the use of personnel from

external organisations; assisting in an incident;

(30) if in case of an emergency the only means of escape

for crew members aboard a ship is through the

terminal/facility, any description and plan, referred to

in paragraph (29), shall also be in the same manner

displayed at berths or jetties;

(31) such descriptions and plans as detailed in paragraph

(29), shall be promulgated to external organisations

referred to in regulation 77(c);

(32) an operator shall cause retro-reflective or luminous

indicators to be conspicuously and permanently

displayed at salient points within the terminal/facility,

indicating the simplest and safest direction of exit

during an emergency situation;

(33) at a terminal/facility where ships are moored on long

breakwater or finger berths, an operator shall provide

permanent and easily accessible means of transverse

escape to a safe area clear of such berths (e.g. fixed

ladders giving access over to the other side of a berth's

protective wall);

(34) an operator shall ensure that all vehicles parked within

the terminal/facility or on its berths and jetties, shall

have their doors left unlocked and ignition keys in

place if in an area which may impede entry or exit in

an emergency situation;

(35) at liquefied gas terminals, the operator shall ensure the

effective spark arresters are efficiently fitted to the

exhausts of all vehicles prior entering the terminal

storage or handling areas and remain so fitted until the

vehicles leave;

(36) an operator shall compile and cause to be permanently

displayed in weather-tight enclosures clearly visible

from the location of the starting and control gear of all

fire-fighting equipment (including fire-pumps, fixed

foam and other media firefighting systems and

emergency electrical generators) clear detailed

instructions and illustrations of the means of operating

same;

(37) an operator shall ensure that all equipment and

machinery used, or which may be used within any

danger area aboard a ship using the terminal/facility

mooring, berth or jetty, or within any hazardous zone

ashore, are certified as intrinsically safe for the

operations which may be undertaken at such places;

(38) an operator shall also ensure that such equipment,

referred to in paragraph (37), remains intrinsically safe

and any equipment which may have become impaired

is either replaced or re-certified by the manufacturer or

an organisation recognised by the Authority.

Any person who fails to comply with the provisions of

regulations 76 to 78 shall be guilty of an offence and shall, on

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

and three hundred and seventeen euro and forty-nine cents

(9,317.49) for each offence.

An operator shall keep records of all deployments and

provisions of equipment and of personnel as is required by these

regulations and same shall be maintained readily available for

inspection by the Authority.

An operator shall ensure that all requirements of these

regulations in respect of any certificate, plan and record are

effectively accomplished and maintained readily available for

inspection by the Authority.

PART V

Licensing

No person shall act as a bunker operator unless he is in

possession of a valid licence issued by the Authority for that

purpose.

A person shall not be entitled for a licence to carry out

bunkering operations in terms of these regulations unless he is in

possession of a valid licence issued in terms of the Bunkering

(Fuels) Tax Act, by the Regulator for Energy and Water Resources

established under the Regulator for Energy and Water Resources

Act.

A licence referred to in this part of the regulations may be

granted after an application on the appropriate form is presented to

t h e A u t h o r i t y, a c c o m p a n i e d b y a l l t h e d o c u m e n t a t i o n a n d

certification prescribed therein.

The Authority may at time of issue, or at any other time,

attach to a licence any condition or conditions which it may deem

fit.

At any time the Authority may, without assigning any

reason therefor, suspend, cancel, revoke or refuse renewal of any

licence previously granted or renewed by it under these regulations.

Any person or body corporate whose licence under these

regulations has been suspended, cancelled or revoked by the

Authority, shall within forty-eight hours of such suspension,

cancellation or revocation, deliver his licence to the Authority.

The holder of any licence issued under these regulations

shall comply with any instructions, orders or directives given by

the Authority from time to time.

Every person or body corporate licensed under these

regulations shall carry or display such licence when acting in the

capacity for which he is licensed and produce same to an officer

authorised by the Authority on demand.

The fees payable in respect of bunker operating licences

issued under these regulations shall be established, from time to time,

by the Authority.

PART VI

Miscellaneous

Notwithstanding any other regulation herein -

(a) a tanker carrying only non-volatile petroleum or

sulphuric acid may enter Grand Harbour for the

purpose of discharging at a marine terminal or facility;

(b) a bunker barge or a tanker, with her last cargo being a

non-volatile petroleum cargo, or with her tanks in the

inert or gas free condition, may be allowed to enter

Grand Harbour to load non-volatile petroleum from a

marine terminal or facility.

Nothing in these regulations shall abrogate the authority of

the Authority in respect of any safety and pollution prevention/

control requirement for any ship, bunker barge, marine terminal/

facility or shore operation within the waters of Malta.

The Authority reserves the right to be given as required for

the purposes of combating any emergency or pollution incident,

immediate access to, use and control of any or all such safety and

pollution equipment or resources as are required under these

regulations to be provided on, at, or by any ship, bunker barge,

marine terminal/facility, whether such emergency occurs at the

source of such equipment or resources or not. Such equipment shall

be provided free of charge, but used at the risk of the Authority and

reasonable costs incurred by the provider in respect of any

consumables used, or equipment damaged, will subsequently be

reimbursed.

Nothing in these regulations shall prevent that the

Authority may prescribe greater or lesser requirements than are

prescribed in these regulations and their Schedules, upon any ship

or bunker barge, or the owner, Master or crew members thereof, or

upon any marine terminal or facility operator.

Nothing in these regulations shall prevent that, within the

waters of Malta all fire, safety, salvage and pollution control

incident operations, shall be conducted solely under the overall

operational control of the Authority.

The liability and responsibility for compliance with these

regulations and with any conditions which the Authority may

impose, shall always jointly rest with the owner of the ship, the

Master of the ship and operator of the marine terminal/facility and

bunker barge, where applicable, and the Authority shall not be held

liable for any consequences arising from such owner’s, Master’s or

operator’s acts of omission or commission in respect to any of the

requirements of these regulations.

(1) The Authority may exempt a ship or bunker barge

belonging to or forming part of the naval force of a country, from

compliance with any or all of the provisions of these regulations.

(2) The Authority may exempt scheduled services performed

between ports in Malta from the requirements laid down in

regulations 12(1)(a) and 22(2) if -

(a) the company operating the scheduled services referred

to in this regulation keeps and updates a list of ships

concerned and sends it to the Authority; and

(b) for each voyage performed, carrying dangerous or

polluting goods, the information listed in Schedule A

is kept available for the Authority upon request,

twenty-four hours a day and without delay. The

company shall establish the system to ensure that the

said information is submitted to the Authority in such

format and by such means as required by the

Authority.

(3) The Authority may exempt scheduled services performed

between Malta and a port in another Member State from the

requirements laid down in regulations 12(1)(a) and 22(2) if -

(a) the Authority agrees with the competent authority of

the other Member State that such exemption is

required;

(b) the company operating the scheduled services referred

to in this regulation keeps and updates a list of ships

concerned and sends it to the Authority;

(c) for each voyage performed, carrying dangerous or

polluting goods, the information listed in Schedule A

is kept available for the Authority upon request,

twenty-four hours a day and without delay. The

company shall establish the system to ensure that the

said information is submitted to the Authority in such

format and by such means as required by the

Authority.

(4) Any deviations from the estimated time of arrival at a port

of destination or pilot station in Malta of three hours or more must

be notified to the Authority in accordance with the requirements

laid down in regulation 12.

(5) The Authority holds the right that if a company, operating a

scheduled service, is exempted under subregulations (2) and (3),

fails to meet the established conditions, the Authority shall

withdraw the privilege of the exemption from the company

concerned.

(6)

For the purposes of this regulation

(a) the service shall not be regarded as a scheduled service

unless it is intended to be operated for a minimum of

one month;

(b) exemptions to regulations 12(1)(a) and 22(2) shall be

limited to voyages of a scheduled duration of up to

twelve hours; and

(c) exemptions shall only be granted to individual vessels

as regards a specific service.

In accordance with all the applicable legal acts of the

European Union and local legislation in force from time to time, it

shall be ensured that

(a) all the necessary measures are adopted to ensure the

confidentiality of commercial and other confidential

information sent pursuant to these regulations;

(b) particular care is taken to protect the commercial data

collected according to the provisions of these

regulations;

(c) compliance with the requirements of any legal acts of

the Union and local legislation in force from time to

time with respect to the protection of personal data is

observed at all times; and

(d) such information is used in compliance with these

regulations.

Proceedings for an offence against these regulations shall

be taken before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

The provisions contained in these regulations are in

addition to and not in derogation of the provisions of any other law

or regulations in force in Malta.

DANGEROUS CARGO SHIPS, MARINE TERMINALS

AND FACILITIES AND BUNKERING