MOORING SERVICES REGULATIONS

SUBSIDIARY LEGISLATION 499.03

MOORING SERVICES REGULATIONS

1st August, 2012 *

LEGAL NOTICE 253 of 2012.

Preliminary

(1) The title of these regulations is the Mooring Services

Regulations.

(2) The scope of these regulations is to regulate the mooring

services provided at terminals that accommodate ships which are

obliged to navigate under the direction of a Pilot as stipulated in the

Maritime Pilotage Regulations and the applicable tariffs for these

ser vices, within the po r ts of Malta, in accor dan ce with the

provisions of the Act.

Regulation 3

List of terminals, quays, wharfs and berths

Grand Harbour

Barriera Wharf

Bighi Bay

Boiler Wharf (today known as Senglea Wharf)

Coal Wharf (Outer)

Deep Water Quay

Flagstone Wharf

Gun Wharf

Laboratory Wharf

Lascaris Wharf

Magazine Wharf

Pinto Wharves

Ras ĦanŜir Fuel Dolphin

Wine Pressers Wharf

Port of Marsaxlokk

Delimara Power Station Quay

MEDSERV Facility

Oil Tanking Malta Limited, Jetties 1, 2, 3 and 4

Other

International vessels, subject to compulsory Pilotage, at Sa Maison,

êirkewwa South Quay and Māarr Gozo.

AND at such other terminals, quays, wharfs and berths as established, from

time to time, by the Authority.

In these regulations, unless the context otherwise requires

"the Act" means the Authority for Transport in Malta Act;

"assistant mooring man" means a mooring man who is employed

by the Service Provider and who works under the direction of

licensed mooring men to provide mooring services;

"the Authority" means the Authority for Transport in Malta as

established by the Act;

"the Board " m ean s th e Mo orin g Services Board set up in

accordance with the provisions of regulation 9;

"licensed mooring man" means a mooring man in possession of a

licence issued by the Authority in terms of regulation 5 to provide

mooring services;

"master" shall have the same meaning as assigned to it in the

Act;

"the Minister" means the Minister responsible for ports and

shipping;

"mooring man" means a person either licensed or engaged by a

terminal operator, as the case may be, in terms of these regulations

to provide mooring services;

"mooring service" means the act, carried out by a mooring man,

of assisting the master and, or the Pilot in safely securing a ship at a

terminal including unmooring or changing the mooring of the ship,

and includes any other work connected thereto;

"mooring service tariff" shall be the whole amount due by the

ship for the provision of the mooring service as specified in the

Second Schedule;

"Pilot" shall have the same meaning as assigned to it in the Act;

*See regulation 1(3) of these Regulations, as originally promulgated.

"port" shall have the same meaning as assigned to it in the Act;

"Service Provider" means that association, cooperative society or

company composed of a group of licensed mooring men formed

and established according to the provisions of regulation 6;

"ship" shall have the same meaning as assigned to it in the Act;

"terminal" means any place where ships are moored, berthed or

docked; and

"terminal operator" means a person who is either authorised or

recognised by the Authority as the person responsible for the

management, control and operation of the terminal.

Mooring Services

Regulation 29

Tariff for Mooring Services

1. For the purposes of this Schedule

"ton" means gross tonnage (GT) of a ship determined in accordance with the

provisions of the International Convention on Tonnage Measurement of Ships, 1969,

as amended;

2. (1)

For mooring or unmooring a ship on entering, leaving or shifting berth at

MOORING SERVICES

any berth, except at a buoy berth there shall be charged

(a)

Ships not exceeding 30,000 tons ..........................................

€100

(b)

Ships exceeding 30,000 tons and not exceeding 80,000 tons .

€150

(c)

Ships exceeding 80,000 tons and not exceeding 110,000 tons

€200

(d)

Ships exceeding 110,000 tons and not exceeding 140,000

tons .....................................................................................

€250

(e) Ships exceeding 140,000 tons and not exceeding 170,000

tons .....................................................................................

€300

(f) For every additional 10,000 tons or part thereof in excess of

170,000 tons ........................................................................

€15

(2) Additional mooring or unmooring dues at the rate of 15% on the standard

rates shall be payable in respect of services rendered between 1900 hrs and 0700 hrs

and on Sundays and public holidays.

3. When a cancellation for a request for a mooring or unmooring service is

made, the following dues shall be applicable

(a) when a cancellation notice is made prior to

two hours before commencement of operation

No charge

(b) when a cancellation notice is made within the

two hours immediately preceding the

commencement of operation ..........................

25% of standard rate

(c) when the mooring man has, on request,

reported aboard for an operation which is

later cancelled ...............................................

50% of standard rate

4. A surcharge of 10% on the standard rate shall be payable for tankers.

5. In respect of disabled vessels, there shall be payable in respect of mooring

men €100 per operation irrespective of number of mooring men.

6. A transport allowance in addition to the standard rate shall be payable for

mooring services

(a) at Bighi Bay and Boiler Wharf within the Grand Harbour and

at berths within the ports of Marsaxlokk and êirkewwa ........

€25

(b) at berths within Gozo ...........................................................

€40

7. For the handling of ropes or wire ropes by using a mooring

boat, per rope .................................................................................................. €25

8. A levy of 5% on the gross expenses incurred for mooring services shall

always be charged.

9. For any other particular mooring services not otherwise specifically

provided for in this Schedule, the dues payable shall be determined by the Authority

who shall, as far as possible, assimilate them to the appropriate dues specified in this

Schedule.

(1) Mooring services in the terminals, quays, wharfs and

berths listed in the First Schedule shall only be provided by the

Service Provider in terms of these regulations.

(2) Mooring services shall at all times be under the

supervision, control and regulation of the Authority.

(1) Subject to the provisions of the Act, the Authority shall

organise and ensure the provision of mooring services in the areas

referred to in regulation 3(1) by entering into a mooring services

agreement with the Service Provider in terms of regulation 32.

(2) Prior to entering into an agreement with the Service

Provider, the Authority shall ensure that the structures of the

Service Provider is such as to allow for the adequate provision of

mooring services in accordance with the provisions of these

regulations and of the mooring services agreement.

(3) If the Service Provider fails to maintain adequate structures

as required in sub-regulation (2) or fails to provide the mooring

services in accordance with the provisions of these regulations or

of the mooring services agreement, the Authority shall temporarily

engage competent persons to ensure the proper provision of the

mooring services.

(4) The Authority shall establish, in accordance with the

mooring services agreement, the number of licensed mooring men

required for the provision of the mooring services at any one time,

taking into account applicable regulations, market considerations

and the efficacy of the service to be provided.

Licensed Mooring Men

(1) For the purposes of the provisions of the Act and of

t h es e r eg u la ti o n s , t h e A u th o r it y m ay g r an t a l i cen c e to an

individual person to act as a mooring man.

(2) No person shall be licensed to serve as a licensed mooring

man unless such person

(a) is a citizen of the European Union;

(b) is more than eighteen years of age;

(c) produces satisfactory evidence of good character and

sobriety of conduct by producing a certificate of good

conduct issued by the Police;

(d) has been declared to be physically fit to perform the

duties of a mooring man by a medical board appointed

by the Authority;

(e) is in possession of the qualifications and experience

that may be determined by the Authority from time to

time; and

(f)

has satisfied such other conditions as may be

prescribed from time to time by the Authority.

(3) The person in whose favour a licence is issued shall pay to

the Authority a fee of twenty-five euro (€25) per annum to the

Authority.

(4) Such licence may be revoked by the Authority in terms of

these regulations.

(5) When issuing a licence under these regulations, the

Authority may attach to the licence such conditions as it deems fit.

(1) The licensed mooring men shall form and establish a

mooring men cooperative society, or association or company. Each

licensed mooring man shall be entitled to form part of this society,

association or company.

(2) The number of licensed mooring men shall be adequate to

p r o v id e p r o m p t an d eff i ci e n t m o o r in g s er v ic es as s h al l b e

determined by Authority from time to time. The Service Provider

may also employ a number of assistant mooring men to work under

the direction of licensed mooring men and assist in the provision of

the mooring services.

(3) The Service Provider shall provide mooring services as

determined by the mooring services agreement.

(1) The Authority shall, when it deems proper but at least

once every five years, appoint a medical board, at its own cost and

expenses, to examine whether a licensed mooring man is physically

fit for the proper discharge of his duties.

(2) If the medical board appointed under the provisions of sub-

regulation (1) certifies that a licensed mooring man is permanently

unfit to carry out his duties, the Authority shall revoke the licence

of such licensed mooring man.

(3) The retiring age for a licensed mooring man shall be when

he reaches the statutory pension age.

(1) The licence issued to a licensed mooring man shall be

automatically cancelled by the Authority when the licensed

mooring man resigns or retires on reaching the statutory pension

age, or if such licensed mooring man is found to be physically unfit

to carry out his duties.

(2) The Authority may also suspend or revoke the licence

issued to a licensed mooring man as a consequence of the award by

a disciplinary committee.

(3) Subject to any condition which the Disciplinary Committee

may make, the Authority may re-issue a licence to a licensed

mooring man whose licence has been revoked under sub-regulation

(2).

(4) A licence issued to a licensed mooring man shall be

su r ren d ered to th e Aut ho r ity when ever it is f o r an y reas on

cancelled, suspended or revoked. In such cases, the licence shall be

returned to the Authority within twenty-four hours.

(5) A licensed mooring man whose licence has been cancelled,

suspended or revoked shall have a right to appeal to the Board by

application within fifteen days of the notification to him of the

decision.

(1) There is hereby established a Board, to be called the

Mooring Services Board, which shall exercise and perform the

functions assigned to it by these regulations.

(2)

The Board shall consist of the following members

(a) a Chairperson appointed by the Minister;

(b) a member nominated by the Authority;

(c) a member nominated by the licensed mooring men;

and

(d) a secretary with no voting powers to be appointed by

the Minister.

(3) The Board shall exercise and perform the following

functions

(a) to establish the curriculum and conduct examinations

in connection with the licensing of prospective

licensed mooring men and to advise the Authority

accordingly;

(b) to appoint panels of examiners for the purpose of the

examinations aforesaid;

(c) to hear appeals from the decisions of the Authority in

terms of regulation 8(5);

(d) to advise the Authority on any matter that the said

Authority may refer to it from time to time in

connection with mooring services; and

(e) to perform such other functions as may be prescribed

to it from time to time by the Authority.

(4) The quorum of the Board shall consist of the Chairman and

two members.

(5) The Board shall reach its decisions by means of a majority

vote. The Chairman shall have a casting vote.

(6)

The decisions of the Board shall be final and binding.

(7) The Board shall meet at least twice a year, or more

frequently as required, at such date, time and place as the Chairman

may appoint.

(8)

Subject to the provisions of these regulations, the Board

may otherwise regulate its own procedures.

(1) The Board shall establish the minimum manning scales

for specific mooring services performed by the licensed mooring

men.

(2) When establishing such minimum manning scales, the

Board shall take into account the size of ships, types of moorings

and mooring ropes and the berths where ships are moored or

berthed.

(1) The Service Provider shall provide the mooring

services round the clock on a shift basis, each shift being known as

"the watch".

(2) The number of watches to be worked, the duration of each

watch and the number of licensed mooring men in each watch shall

be as prescribed in the mooring services agreement.

(1) The Service Provider shall provide and maintain in

good working order and condition such minimum communications,

safety and other equipment that is necessary to enable its members

to provide efficient mooring services, in accordance with the

mooring services agreement and the directives the Authority may

issue from time to time.

(2) If the Service Provider fails to abide by any directives

issued under the provisions of sub-regulation (1), the Authority

may p rovide such equip ment as may b e so required and the

Authority may deduct the costs so incurred from the mooring dues

that are remitted to the Service Provider for the services rendered.

Licensed mooring men shall be covered by a personal

insurance policy, the premium of which shall be paid by the Service

Provider. The insurance must cover adequate compensation in the

case of loss of life or injuries resulting directly from their work.

(1) Licensed mooring men and assistant mooring men

employed by the Service Provider shall wear a uniform whilst they

are on duty.

(2) The form of such uniform shall be determined by the

mooring services agreement and approved by the Board.

(3) The Service Provider is responsible for the provision of the

uniforms.

(4) Disciplinary action shall be taken against licensed mooring

men who, while on duty, fail to wear the full and complete uniform.

(1) The Authority shall institute disciplinary proceedings

a g a i n s t a l i c en s e d m o o r i n g m a n w h o h a s c o n t r a v en e d a n y

provisions of these regulations, or who in the course of or in

connection with his duties is negligent or misbehaves or fails to

comply with any directive given by the Authority,

(2) In the case of a serious breach of a licensed mooring man’s

obligations, the Authority shall have the right to temporarily

suspend a licensed mooring man’s licence pending the disciplinary

action by the Disciplinary Board.

(1) If a licensed mooring man is found guilty of having

contravened any one of the provisions of the Act or of these

regulations, or if in the course of or in connection with his duties is

found to have been negligent or of having misbehaved, or of having

failed to comply with any directives given by the Authority, the

Disciplinary Board may, without prejudice to the provisions of any

other law, recommend to the Authority to impose administrative

fines and

(a) fine such licensed mooring man a penalty of not less

than fifty euro (€50) and not exceeding one hundred

euro (€100); and, or

(b) suspend his licence for a period not less than ten days

and not exceeding three months, during which time no

remuneration shall be paid to or received by such

licensed mooring man; or

(c) revoke his licence forthwith.

(2) Any administrative fine inflicted by the Authority

according to the provisions of these regulations shall be

recoverable by the Authority as a civil debt.

Any disciplinary proceedings taken against a licensed

mooring man under the provisions of these regulations shall be

without prejudice to any criminal proceedings which may be taken

against him under the Act or any other law; and any proceedings

taken under any of such laws shall be without prejudice to any such

disciplinary proceedings.

(1) The administration, collection and recovery of the

tariff for mooring services performed by the licensed mooring men

and the disbursements of this tariff shall be the responsibility of the

Authority.

(2) The master of a ship, the ship agent, the terminal operator

or other person requesting mooring services shall be responsible to

pay directly to the Authority, promptly and fully, the mooring

services tariff within ten working days from the date of the invoice.

(3) The Authority may charge interest on any overdue tariff for

mooring services from the date of presentation of the invoice until

full payment is effected at the rate established by the laws of Malta.

(1) The Authority may require any person or client who in

terms of regulation 18 is bound to pay the tariff for mooring

services to make a deposit or to furnish a bank guarantee issued by

a local bank in favour of the Authority in such amount as it

considers sufficient to cover the payment of such tariff.

(2) The Authority may recover any tariff for mooring services

out of such deposit or bank guarantee if such tariff is not paid

within ten working days from the date of the invoice.

(3) The bank guarantee or deposit shall be reintegrated by the

person or client to its original sum within ten days of being notified

of any deduction.

(1) The Authority shall maintain appropriate accounts

regarding the tariff for mooring services collected and shall remit

the relative part of the tariff to the Service Provider.

(2) The Authority shall forward a copy of such accounts to the

Service Provider every three months.

(3) Such accounts shall contain sufficient details to determine

applicable tariffs.

Terminal Operators

(1) The Authority may authorise a terminal operator to

provide, within the terminal under its control and management, its

own mooring services by personnel who are either employed or

subcontracted.

(2) The terminal operator shall, for all intents and purposes, be

responsible for

(a) ensuring mooring men are adequately trained;

(b) ensuring that the mooring operations are performed in

a safe manner including the use of the necessary

mooring equipment, personal protective equipment

and communication equipment;

(c) appointing a person or persons to coordinate and

ensure the provision of mooring services; and

(d) provide an appropriate insurance cover for damages to

property and third parties during the provision of

mooring services.

(3) A terminal operator may choose to enter into a mooring

ser vices agreement with th e Service Pr ovider. The m ooring

services agreement has to be in compliance with the provisions of

regulation 32(1).

(1) The terminal operator shall establish the minimum

manning scales for specific mooring services in agreement with the

Authority and Pilots.

(2) When establishing such minimum manning scales, the

terminal operator shall also take into account the size of ships,

types of moorings and mooring ropes and the berths where ships

are moored or berthed.

(3) In the case that the terminal operator and the Pilots cannot

agree on the manning scales, the Authority shall establish such

manning scales.

(1) The administration, collection and recovery of the

tariff for mooring services and the disbursements of this tariff shall

be the responsibility of the terminal operator.

(2) The person requesting the services, the ship agent or the

person who was provided with mooring services shall be

responsible for the prompt and full payment of the mooring

services tariff.

A terminal operator is responsible to ensure that the ships

in the term inal are safely secur ed by mo oring men who are

adequately trained to provide mooring services.

Provision of Mooring Services

A mooring man shall not moor, unmoor or change the

mooring of any ship from her berth without the approval of the

Authority, the terminal operator and of the person who has engaged

his services whichever is the case.

All mooring men shall obey all lawful and legitimate

orders and instructions given by the master or the Pilot during

mooring operations.

When providing mooring services, each mooring man shall

implement a high standard of care and skill.

(1) A mooring man shall immediately notify the Authority

or the Terminal Operator of any incident or accident involving the

ship which he is serving, particularly any incidents or accidents

that may have resulted in injuries or loss of life or damage to port

facilities and, or property of third parties, and any near collisions or

misses or any concerns in respect to navigation, as expressed by the

master or Pilot whilst piloting a ship.

(2) The Service Provider and or the Terminal Operator shall

ensure that the Authority is informed in writing immediately of

such report.

The remuneration for all mooring services, whether

provided by the terminal operator or the Service Provider shall be

in accordance with the tariff for mooring services that is found in

the Second Schedule.

The social security contributions payable by an employed

person and an employer in accordance with the provisions of the

Social Security Act shall be deemed to form part of the tariff.

(1) The Service Provider, mooring man or terminal

operator or any other person providing mooring services shall not

demand or receive any dues or other remuneration in respect of

m o o r i n g s er v ice s o t h er th an th o s e s p ec if i ed in th e S eco n d

Schedule.

(2) No person shall pay the Service Provider or mooring man

any dues or other remuneration in respect of mooring services other

than those specified in the Second Schedule.

General Provisions

(1) A mooring services agreement shall, as a minimum,

include the following

(a) a description of the services to be provided, including

the resources to be made available, the service

performance levels and health and safety standards to

be met by the parties to the agreement;

(b) the administration, collection and recovery of the tariff

for mooring services;

(c) the person or persons to coordinate and ensure the

provision of mooring services;

(d) the services that are required to be provided;

(e) the mechanisms for dispute resolution in case of

disagreement between the parties;

(f)

the hours of work, including rosters and shift systems

allocation;

(g) the ordering procedure;

(h) the disciplinary procedures that may be taken

including, but not limited to, the non-attainment of

agreed minimum service performance; and

(i)

the appropriate insurance cover to hold the mooring

men harmless for damages to property and third parties

during the provision of mooring services.

(2) The tariff for the mooring services provided may also be

regulated by a mooring services agreement but cannot exceed the

tariff found in the Second Schedule and any other law that the

Authority is entitled to enforce.

(3) Without prejudice to the provisions of sub-regulations (1)

and ( 2) , the m oor ing serv ices agr eem en t m ade between the

Authority and the Service Provider shall include provisions relating

to mooring services, the management of the group and persons

forming part of the Service Provider.

The Authority shall have the right to demand and receive

such statistical information in respect of mooring services from the

terminal operator or the Service Provider in such format as the

Authority may from time to time prescribe.

Any person, Service Provider or terminal operator who

contravenes any of the provisions of these regulations shall be

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

(multa) of not less than two hundred euro (€200) but not exceeding

twelve thousand euro (€12,000) for any one occurrence or to

imprisonment for a term not exceeding three months, or to both

such fine and imprisonment.

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.

Any obligation, liability, penalty or punishment incurred

under the Mooring Services Regulations, 2011, revoked by these

regulations, or in connection with any breach of the provisions of

those regulations, or any proceedings or remedy relating to any

such obligation, liability, penalty or punishment, shall not be

affected by their revocation.

MOORING SERVICES