VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS REGULATIONS

SUBSIDIARY LEGISLATION 499.34

VESSEL TRAFFIC MONITORING AND REPORTING

REQUIREMENTS REGULATIONS

1st November, 2004

LEGAL NOTICE 458 of 2004, as amended by Legal Notices 153 of 2006,

and 298 and 425 of 2007; Act XV of 2009; and Legal Notices 506 of 2010,

449 of 2011, 333 of 2012, 333 of 2019 and 328 of 2021.

The title of these regulations is the Vessel Traffic

Monitoring and Reporting Requirements Regulations.

(1) The purpose of these regulations is

(i)

to establish, in accordance with the provisions of

Directive 2002/59/EC of the European Parliament and

of the Council of 27 th June 2002, as subsequently

amended by Directive 2009/17/EC of the European

Parliament and of the Council of 23 rd April 2009 and

Directive 2011/15/EU of the European Commission of

23 rd February 2011, establishing a Community vessel

traffic monitoring and information system with a view

to enhancing the safety and efficiency of maritime

traffic, improving the response of authorities to

incidents, accidents or potentially dangerous situations

at sea, including search and rescue operations, and

contributing to a better prevention and detection of

pollution by ships;

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

the European Parliament and of the Council of 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;

(iii) transpose the provisions of Directive (EU) 2017/2109

of the European Parliament and of the Council of 15 th

November 2017 amending Council Directive 98/41/EC

on the registration of persons sailing on board

passenger ships operating to or from ports of the

Member States of the Community and Directive 2010/

65/EU of the European Parliament and of the Council

on reporting formalities for ships arriving in and/or

departing from ports of the Member States; and

(iv) transpose the provisions of Directive (EU) 2019/883 of

the European Parliament and of the Council of 17 th April

2019 on port reception facilities for the delivery of waste

from ships, amending Directive 2010/65/EU and

repealing Directive 2000/59/EC.

(2) These regulations shall be without prejudice to any other

law or instrument that relates to territorial waters and contiguous

zone, the provision of search and rescue and the response in cases

of "disaster" as described in the Civil Protection Act.

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

and upwards, unless stated otherwise in these regulations.

(2) Unless otherwise provided, these regulations shall not

apply to

(a) warships, naval auxiliaries;

(b) ships owned or operated by the Government of a

Member State which are used for non-commercial

public service;

(c) fishing vessels, traditional ships, recreational craft

with length of less than 45 metres; and

(d) bunkers on ships below 1,000 gross tonnage and ship’s

stores and equipment for use on board all ships.

(1)

In these regulations unless the context otherwise

requires

"agent" means any person mandated or authorized to supply

information on behalf of the operator of the ship;

"the Armed Forces of Malta" means the regular force raised

under the provisions of the Malta Armed Forces Act;

"the Authority" means the Authority for Transport in Malta

established in terms of the Authority for Transport in Malta Act;

"casualty" means a casualty within the meaning of the IMO Code

for the Investigation of Marine Casualties and Incidents;

"coastal station" means any of the following, designated in terms

of these regulations: a vessel traffic service, a shore-based

installation responsible for a mandatory reporting system or a body

responsible for coordinating search and rescue, or operations to

tackle pollution at sea;

"the competent authority" means the authority appointed under

regulation 5;

"contiguous zone" has the same meaning as that assigned to it in

article 3 of the Territorial Waters and Contiguous Zone Act;

"dangerous goods" and "polluting goods" shall have the same

m e a ni ng a s de f i ne d in th e Dan g e r ou s C a rgo Sh i ps, M a r i ne

Terminals and Facilities and Bunkering Regulations;

"electronic transmission of data" means the process of

transmitting information that has been encoded digitally using a

revisable structured format which can be used directly for storage

and processing by computers;

"FAL Convention" means the IMO Convention on Facilitation of

International Maritime Traffic, adopted on 9 th April, 1965 as

amended;

"FAL forms" means the standardised forms as provided for in the

FAL Convention;

"fishing vessel" means any vessel equipped for the commercial

exploitation of living aquatic resources;

"IMO guidelines on the fair treatment of seafarers in the event of

a maritime accident" means the guidelines as annexed to resolution

LEG. 3(91) of the International Maritime Organisation Legal

Committee of 27th April, 2006 and as approved by the Governing

Body of the International Labour Organisation (ILO) in its 296th

session of the 12th to the 16th June, 2006, in their updated

versions;

"IMO Resolution A.851(20)" means International Maritime

Organisation Resolution 851(20) entitled "General principles for

ship reporting systems and ship reporting requirements, including

guidelines for reporting incidents involving dangerous goods,

harmful substances and, or marine pollutants", in its updated

version;

"IMO Resolution A.917(22)" means the International Maritime

Organisation Resolution 917(22) entitled "Guidelines for the

onboard use of AIS", as amended by the International Maritime

Organisation Resolution 956(23), in its updated version;

"IMO Resolution A.949(23)" means the International Maritime

Organisation Resolution 949(23) entitled "Guidelines on places of

refuge for ships in need of assistance", in its updated version;

"IMO Resolution A.950(23)" means the International Maritime

Organisation Resolution 950(23) entitled "Maritime assistance

services (MAS)", in its updated version;

"IM O Reso lu ti on M SC .28 6(86 )" m ean s t he Int ernat io nal

Maritime Organisation Resolution 286(86) entitled

"Recommendations for Material Safety Data Sheets (MSDS) for

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

"ISM Code" means the International Safety Management Code;

"law" means any law or instrument having the force of law;

"LRIT" means a system for the long-range identification and

tracking of ships in accordance with the provisions of regulation V/

19-1 of the International Convention for the Safety of Life at Sea

(SOLAS) 1974, as amended;

"Maltese waters" means the ports, internal waters, territorial

waters and contiguous zones of Malta;

"maritime enforcement officer" has the same meaning as that

assigned to it in the Territorial Waters and Contiguous Zone Act;

"MARPOL" means the International Convention for the

Prevention of Pollution from Ships, 1973 and the 1978 Protocol

thereto;

"the Minister" means the Minister responsible for shipping and

ports;

"operator" means the owner or manager of a ship;

"owner", as regards a ship, means -

(i) the owner of the ship, or

(ii) any other organization or person such as the

manager or the bareboat charterer who has

assumed responsibility for the operation of the

ship from the owner of the ship, and who on

assuming such responsibility has agreed to take

over all the duties and responsibilities imposed

by the International Safety Management (ISM)

Code;

"related interests" means the interest of Malta directly affected or

threatened and concerning, among others

(i)

maritime activities in the coastal areas, or in

ports, including fishing activities;

(ii) the historical and tourist appeal of the area in

question, including water sports and recreation;

(iii) the health of the coastal population;

(iv) the cultural, aesthetic, scientific and educational

value of the area;

(v) the conservation of biological diversity and the

sustainable use of marine and coastal biological

resources;

(vi) supply of water, energy and other resources; and

(vii)

the socio-economic interest of Malta.

"reporting formalities" means the information set out in regulation

18 which must be provided for administrative and procedural purposes

when a ship arrives in or departs from a port in Malta;

"SafeSeaNet" means the Community maritime information

exchange system developed by the Commission in cooperation with

the Member States to ensure the implementation of Community

legislation;

"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 any sea-going vessel or craft;

"ship in need of assistance" means, without prejudice to the

provisions of the International Convention on Maritime Search and

Rescue (SAR), 1979 in its up-to-date version, concerning the

rescue of persons, a ship in a situation that could give rise to its

loss or to an environmental or navigational hazard;

"territorial waters" has the same meaning as that assigned to it in

article 3 of the Territorial Waters and Contiguous Zone Act;

"traditional ships" means all kinds of historical ships and their

replicas including those designed to encourage and promote

traditional skill and seamanship, that together serve as living

cultural monuments, operated according to traditional principles of

seamanship and technique;

"vessel traffic service" means a service designed to improve the

safety and efficiency of vessel traffic and to protect the

environment, which has the capability to interact with the traffic

and to respond to traffic shipping situations developing in Maltese

waters.

(2)

For the purposes of these regulations

(a) "accident" means any accident or occurrence affecting

the safety of a ship, including, without prejudice to the

generality of the foregoing, any occurrence whereby a

ship -

(i)

is in collision,

(ii)

grounds,

(iii)

is damaged,

(iv)

malfunctions or breaks down,

(v)

suffers the flooding or shifting of cargo, or

(vi)

suffers a defective hull or structural failure;

(b) "incident" means any incident on a ship which affects

or could affect the safety of other ships, including,

without prejudice to the generality of the foregoing, a

failure or defect which affects or is likely to affect -

(i)

the manoeuvrability or seaworthiness,

(ii)

the propulsion system,

(iii)

the steering gear,

(iv)

the electrical generating system,

(v)

the navigation equipment, or

(vi)

the communications system,

of the ship.

(1) The competent authority responsible for ensuring the

implementation of the provisions of these regulations, shall be the

Authority for Transport in Malta.

(2) Without prejudice to sub-regulation (1), the Armed Forces

of Malta shall be the coastal station responsible to monitor shipping

and receive information in terms of these regulations.

(3) The

competent

authority

responsible

for

the

accommodation of ships in need of assistance is the Authority for

Transport in Malta.

(1) This regulation applies to a ship bound for a port or an

anchorage in Malta or to enter the territorial waters to receive a

service.

(2) The operator, agent or master of a ship referred to in sub-

regulation (1) shall notify the Authority of the information

specified in sub-regulation (3) at the times specified in sub-

regulation (4), and in such manner and in such format as required

by the Authority, from time to time.

(3) The information referred to in sub-regulation (2) shall

include -

(a) the name, the call sign, the IMO identification number

or the maritime mobile service identity number

(MMSI) of the ship;

(b) the port of destination or the identified area in the

territorial waters;

(c) the estimated time of arrival at the port of destination

or in the territorial waters, the estimated time of

departure from the port of destination referred to in

paragraph (b); and

(d) the total number of persons on board the ship.

(4)

The times referred to in sub-regulation (2) are -

(a) twenty-four hours before the arrival of the ship; or

(b) if the duration of the voyage is less than twenty-four

hours, no later than the time of departure from the

previous port; or

(c) as soon as possible after it becomes known that the

ship is bound for that port.

(5) Where information has been notified in accordance with

sub-regulation (2), the master of the ship in question shall notify

immediately the Authority of any changes to that information.

(6) Ships carrying dangerous or polluting goods shall comply

with the notification obligations established in the Dangerous

Cargo Ships, Marine Terminals and Facilities and Bunkering

Regulations.

(1) The Authority may exempt scheduled services

performed between ports in Malta from the requirements laid down

in regulation 6 if the following conditions are met

(a) the person or 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, the information listed in

regulation 6(3) is kept available for the Authority upon

request. The person or company shall establish the

internal system to ensure that the said information can

be sent to the Authority, twenty-four hours a day and

without delay, in such format and by such means as

may be required by the Authority.

(2) The Authority may exempt scheduled services performed

between a port in Malta and a port in another Member State or

other coastal state from the requirements laid down in regulation 6

if the Authority agrees with the competent authority of the other

state that such exemption is required and the conditions of sub-

regulation (1) are met.

(3) 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 6.

(4) The Authority reserves the right that if a person or

company, which is operating a scheduled service and is exempted

under sub-regulations (1) and (2), fails to meet any one of the

established conditions, the Authority shall immediately withdraw

the privilege of the exemption from the person or company

concerned.

(5)

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 regulation 6 shall be limited to voyages

of a scheduled duration of up to twelve hours; and

(c) exemptions shall only be granted to individual ships as

regards a specific service.

The master of a ship shall, prior to entering the territorial

waters, make all required reports, including reporting of

deficiencies and shall ensure that, when the ship enters the

territorial waters of Malta, the ship shall participate in and comply

with the rules which apply in the territorial waters.

The coastal station may request a ship beyond the

territorial waters to provide additional information as may be

relevant to the enhancing of shipping safety and the protection of

the environment, or may request such ship to take certain measures.

The ship should endeavour to comply with this request.

(a) Any passenger ship, irrespective of its size, and all

other ships, other than passenger ships, of 300 gross

tonnage and more, calling at a port in Malta, shall be

fitted with an automated identification system (AIS) in

accordance with the technical and performance

standards laid down in Chapter V of the International

Convention for the Safety of Life at Sea (SOLAS)

1974, as amended

Provided that the provisions of this regulation shall not

apply to

(i)

passenger ships below 15 metres in length

overall or 300 gross tonnage engaged only in

domestic voyages;

(ii) all other ships of 300 gross tonnage and more

but less than 500 gross tonnage sailing

exclusively within Maltese waters and outside

the routes normally used by ships fitted with an

AIS; and

(iii) all other ships below 300 gross tonnage.

(b) Ships fitted with an AIS shall maintain it in operation

at all times except where international agreements,

rules or standards provide for the protection of

navigational information.

VESSEL TRAFFIC MONITORING

AND REPORTING REQUIREMENTS

(c) Without prejudice to paragraph (a), any fishing vessel

calling at a port in Malta having an overall length of

more than 15 metres and which either flies the flag of

a Member State and is registered in the Community, or

operates in the internal or territorial waters of Malta,

or lands its catch in any port of Malta, shall be fitted

with an AIS (Class A) which meets the performance

standards drawn up by the International Maritime

Organisation (IMO), including, but not limited to,

IMO Resolution A.917(22)

Provided that fishing vessels shall comply with the

provisions of this regulation according to the

following timetable

(i)

fishing vessels having an overall length of and

exceeding 24 metres but less than 45 metres, by

not later than 31st May, 2012;

(ii) fishing vessels having an overall length of and

exceeding 18 metres but less than 24 metres, by

not later than 31st May, 2013;

(iii) fishing vessels having an overall length

exceeding 15 metres but less than 18 metres, by

not later than 31st May, 2014; and

(iv) new built fishing vessels having an overall

length exceeding 15 metres, from 30th

November, 2010

Provided further that fishing vessels equipped with

AIS shall maintain it in operation at all times. AIS may

only be switched off in exceptional circumstances

where the master considers this to be necessary in the

interest of safety or security of his vessel.

(d)

(i)

Passengers ships, irrespective of their sizes, and

all other ships, other than passenger ships, of

3,000 gross tonnage and more, engaged on

international voyages calling at a port in Malta,

shall be fitted with a voyage data recorder

(VDR) in accordance with the technical and

performance standards laid down in Chapter V

of SOLAS

Provided that in case of cargo ships of 3,000

gross tonnage and more constructed before 1st

July, 2002 the VDR may be the simplified

voyage data recorder (S-VDR) which shall

comply with the technical and performance

standards developed in accordance with Chapter

V of SOLAS.

(ii) Passenger ships, irrespective of their sizes, and

all other ships, other than passenger ships, of

3,000 gross tonnage and more, constructed on or

after 1st July, 2002, sailing exclusively within

the Maltese waters, shall be fitted with a VDR

which complies with the technical and

performance standards developed in accordance

with Chapter V of SOLAS.

(iii) Cargo ships of 3,000 gross tonnage and more

constructed before 1st July, 2002, sailing

exclusively within the Maltese waters, shall be

fitted with a VDR or with an S-VDR which

complies with the technical and performance

standards developed in accordance with Chapter

V of SOLAS.

(iv) The provisions of this regulation shall not apply

to

(a) the fitting of a VDR on passenger ships

engaged on voyages in sea areas other than

those covered by Class A, as referred to in

Article 4 of Directive 2009/45/EC of the

European Parliament and of the Council of

6th May 2009 on safety rules and

standards for passenger ships;

(b the fitting of a VDR on ships, other than

ro-ro passenger ships, constructed before

1st July, 2002 where it can be

demonstrated that interfacing a VDR with

the existing equipment on the ship is

unreasonable and impracticable; and

(c) the fitting of an S-VDR on cargo ships

constructed before 1st July, 2002, whether

engaged on international voyages or

exclusively in the Maltese waters, if such

ships are to be taken permanently out of

service within two years of the

implementation date specified in Chapter

V of SOLAS.

(e) Data which has been collected from VDR and S-VDR

systems shall be made available to the competent

authority to be properly analysed as part of an

investigation following a casualty within the territorial

waters of Malta. The findings of such an investigation

shall be published as soon as possible after its

conclusion.

(f)

Any ship calling at a port in Malta to which regulation

V/19-1 of the International Convention for the Safety

of Life at Sea (SOLAS) 1974, as amended, and the

performance standards and functional requirements

adopted by the International Maritime Organisation

(IMO) apply, shall carry LRIT equipment complying

with that regulation.

(1) Ships meeting the criteria set out below shall be

considered to be ships posing a potential hazard to shipping or a

t h r e a t t o m a r i t i m e s a f e t y, t h e s a f e t y o f i n d i v i d u a l s o r t h e

environment

(a) ships which in the course of their voyage

(i)

have been involved in incidents or accidents at

sea as referred to in regulation 11; or

(ii) have failed to comply with the notification and

reporting requirements imposed by these

regulations; or

(iii) have failed to comply with any applicable rules

in a Member State;

(b) ships in respect of which there is proof or presumptive

evidence of deliberate discharges of oil or other

infringement of the MARPOL Convention in waters

under the jurisdiction of a Member State;

(c) ships which have been refused access to ports of the

Member States or which have been the subject of a

report or notification by a Member State in accordance

with Annex I-1 to the Council Directive 95/21/EC of

the 19th June, 1995 on port State control of shipping;

(d) ships which have failed to notify, or do not have,

insurance certificates or financial guarantees pursuant

to any legislation of Malta, Community legislation and

international rules;

(e) ships which have been reported by pilots or a port

authority of a Member State as having apparent

anomalies which may prejudice their safe navigation

or create a risk for the environment.

(2) The coastal station in Malta holding relevant information

on ships referred to in sub-regulation (1), shall communicate such

information to the coastal stations of the other Member States

located along the planned route of the ship.

(3) The Authority shall ensure that any information on ships

referred to in sub-regulation (2) communicated to it by a coastal

station, is transmitted to any relevant body or authority in Malta.

(1) Without prejudice to international law, when a ship is

involved in an accident, an incident or a pollution event, the master

of that ship shall immediately send to the coastal station

responsible for the area in which occurred the accident, incident or

pollution event, as the case may be, by the quickest means available

the information specified in sub-regulation (3)

(2)

If -

(a) a slick of polluting goods; or

(b) containers or packages drifting at sea; or

(c) any other material which may pose a pollution or a

safety hazard,

are seen from a ship in territorial waters and contiguous zone, the

master of that ship shall immediately send to the coastal station

responsible for the area in which the sighting occurred by the

quickest means available details of the sighting and the information

specified in sub-regulation (3)(a),(b) and (h).

(3) The information referred to in sub-regulation (1) shall

include

(a) the identity of the ship;

(b) the position of the ship;

(c) the last port from which the ship departed;

(d) the next port of call;

(e) the number of persons aboard the ship;

(f)

the date on which and the time at which, the accident,

the incident or the polluting event, as the case may be,

occurred;

(g) details of the accident, the incident or the polluting

event, as the case may be;

(h) the name of the body or person from whom detailed

information regarding any dangerous goods or

polluting goods on board the ship may be obtained,

together with the necessary information, to enable that

person or body, as the case may be, to be contacted;

and

(i)

any other relevant information referred to in IMO

Resolution A.851(20).

(4) The coastal station responsible for the area in which the

accident, incident or polluting event occurred, as the case may be,

shall take all the necessary measures to notify the Authority and to

broadcast within the relevant areas such accident, incident or

polluting event notified to it under sub-regulation (1), and the

information regarding any ship that poses a threat to the maritime

safety, the safety of individuals or the environment.

(5) The Authority and the coastal station shall make adequate

arrangements to provide the information notified to them according

to regulations 6(6) and 11(1) at any time upon request for safety

reasons by the competent authority of another Member State.

(6) The Authority or the coastal station shall, when they have

been informed pursuant to these regulations or in some other way

of facts which involve or increase the risk for another Member

State of a hazard being posed to certain shipping areas and coastal

zones, take all the appropriate measures to inform any interested

Member State thereof as soon as possible and consult it regarding

the action being envisaged. Furthermore, the Authority and the

coastal station shall cooperate with such Member State with a view

to pooling arrangements for joint action.

(7) In this regulation "polluting event" means an event or

situation likely to result in the pollution of Maltese waters or the

coast li ne of Mal ta, in clu din g, but w it ho ut preju di ce t o th e

gen eral it y of th e fo re go in g, th e di sch arg e, or t h e t hrea t of

discharge, of polluting goods into the sea.

(1) This regulation applies whenever the Authority is of

the opinion, based on the sea state and weather forecast information

provided to it by a meteorological office, that there is -

(a) a serious threat of pollution in Maltese waters or the

shipping zones or coastal areas of any other member

state; or

(b) a risk to human life or property,

as a result of exceptionally bad weather or sea conditions.

(2) Whenever possible, the Authority shall provide to the

master of every ship which intends to enter or leave a port in a

relevant area, full details of -

(a) the weather and sea conditions; and

(b) the danger such weather and sea conditions may cause

to -

(i) the ship, or

(ii) to any persons or cargo on board the ship.

(3) Without prejudice to any such measures to be taken to give

assistance to ships in difficulty, the Authority may take such

measures as it considers appropriate in all the circumstances until it

considers that there no longer exists such a serious threat of

pollution or a risk to human life or property as described in sub-

regulation (1).

(4) Without prejudice to the generality of sub-regulation (3),

the measures which the Authority may take, include a

recommendation or a prohibition described in sub-regulation (5) to

a ship in, or about to enter or leave, the port, anchorage or

territorial waters.

(5) The recommendation or the prohibition referred to in sub-

regulation (4) is -

(a) a recommendation for such ship -

(i)

to enter or leave a port, anchorage or any other

sheltered area; or

(ii) not to enter or leave a port or anchorage;

(b) a prohibition for such ship -

(i) to enter or leave a port or anchorage; or

(ii) to carry out bunkering or any other operations;

or

(iii) not to carry out bunkering or any other

operations.

until the Authority is of the opinion that there is no longer a serious

threat of pollution or a risk to human life or property as described

in sub-regulation (1).

(6) All bunkering operations shall be carried out in compliance

with the Dangerous Cargo Ships, Marine Terminals and Facilities

and Bunkering Regulations.

(7)

A recommendation or a prohibition given pursuant to this

regulation -

(a) shall be given to the master of such ship by the

quickest means available; and

(b) if not given in writing, shall be confirmed in writing as

soon as is reasonably practical.

(8) Where the Authority takes any measures pursuant to sub-

regulation (3), including the giving of a recommendation or a

prohibition pursuant to this regulation, the master of the ship in

question shall immediately inform the owner of that ship by the

quickest means available of the measures, the recommendation, the

prohibition or the opinion, as the case may be.

(9) If, as a result of the exercise of his professional judgement,

the master decides not to act in accordance with -

(a) any measures taken pursuant to sub-regulation (3); or

(b) a recommendation or a prohibition given pursuant to

this regulation,

the master shall inform the Authority of the reasons for not so

acting.

(10) In this regulation -

(a) "relevant area" means an area in Maltese waters

affected by exceptionally bad weather or sea

conditions;

(b) "professional

judgement"

means

professional

judgement as regards matters relating to safe

navigation, safety of life or the protection of the

marine environment.

(1) In the event of incidents or accidents at sea as referred

to in regulation 11, the operator, the master of the ship and the

owner of the dangerous or polluting goods carried on board must,

in accordance with national and international law, cooperate fully

w i t h t h e A u t h o r i t y, a t t h e l a t t e r ’s r e q u e s t , w i t h a v i e w t o

minimizing the consequences of an incident or accident at sea. To

this end, they shall communicate to the Authority and, or the

coastal station, on request, 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 MARPOL,

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 date 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.

(2) A master to whom this regulation applies shall inform the

owner of such ship, by the quickest means possible, of any accident

or incident at sea in which the ship is involved or which affects the

ship, as soon as possible after the accident or incident occurs.

(3) When the operator of a ship is informed by the master of

that ship of an accident or incident at sea either in accordance with

the ISM Code or in accordance with sub-regulation (2), such owner

shall -

(a) inform the Authority and the coastal

station

immediately of the accident or incident; and

(b) give such assistance as may be reasonably required by

the relevant authority.

(4) In accordance with all the applicable laws and regulations,

the Authority shall take into account the relevant provisions of the

IMO guidelines on the fair treatment of seafarers in the event of a

maritime accident in the waters under the jurisdiction of Malta.

(1) Where, following an accident, an incident or polluting

event according to regulation 11, or the accommodation of ships in

need of assistance has arisen, the Authority deems, within the

framework of international law, that it is necessary to avert, lessen

or remove a serious and imminent threat to the Maltese coastline or

related interests, or to the safety of other ships and their crews and

passengers or to persons on shore, or to protect the marine

environment, the Authority may, inter alia, take any one of the

following non-exhaustive measures

(a) restrict the movement of the ship or direct it to follow

a specific course

Provided that this requirement does not affect the

master’s responsibility for the safe handling of his

ship;

(b) give official notice to the master of the ship to put an

end to the threat to the environment or maritime

safety;

(c) send an evaluation team aboard the ship to assess the

degree of risk, help the master to remedy the situation

and keep the coastal station informed thereof; and

(d) instruct the master to enter in a place of refuge in the

event of imminent peril, or cause the ship to be piloted

or towed.

(2)

In the case of a ship which is towed under a towage or

salvage agreement, the measures taken by the Authority under sub-

regulation (1)(a) and (d) may also be addressed to the assistance,

salvage and towage companies involved.

(1) The Authority shall draw up plans for the

accommodation of ships in order to respond to threats presented by

ships in need of assistance in the waters under the jurisdiction of

Malta, including, where applicable, threats to human life and the

environment.

(2) The plans referred to in sub-regulation (1) shall be prepared

after consultation with the stakeholders and parties concerned, on

the basis of IMO Resolutions A.949(23) and A.950(23), and shall

contain at least the following

(a) the identity and contact addresses of the authorities or

entities responsible for receiving and handling alerts;

(b) the identity and contact address of the competent

authority for assessing the situation and taking a

decision on acceptance or refusal of a ship in need of

assistance in the place of refuge selected;

(c) information on the coastline of Malta and all elements

facilitating a prior assessment and rapid decision

regarding the place of refuge for a ship, including a

description of environmental, economic and social

factors and natural conditions;

(d) the assessment procedures for acceptance or refusal of

a ship in need of assistance in a place of refuge;

(e) the resources and installations suitable for assistance,

rescue and combating pollution;

(f)

procedures for international

coordination

and

decision-making; and

(g) the financial guarantee and liability procedures in

place for ships accommodated in a place of refuge.

(3) The Authority shall communicate on request the relevant

information concerning plans for accommodating ships in need of

assistance to neighbouring Member States of Malta.

(4) The Authority shall ensure that in implementing the

procedures provided for in the plans for accommodating ships in

need of assistance, the relevant information is available to the

parties involved in the operations.

(1) The Authority shall decide on the acceptance of a ship

in a place of refuge following the prior assessment of the situation

carried out on the basis of the plans referred to in regulation 15.

(2) The Authority shall ensure that ships are admitted to a

place of refuge if it considers such an accommodation the best

course of action for the purposes of the protection of human life or

the environment.

(1) The absence of an insurance certificate within the

meaning of Article 6 of Directive 2009/20/EC of the European

Parliament and of the Council of 23rd April, 2009 on insurance of

shipowners for maritime claims shall not exonerate the Authority

from the preliminary assessment and decision referred to in

regulation 16; and shall not in itself be considered a sufficient

reason for the Authority to refuse to accommodate a ship in a place

of refuge.

(2) Without

prejudice

to

sub-regulation (1), when

accommodating a ship in a place of refuge, the Authority may

request the ship’s operator, agent or master to present an insurance

certificate within the meaning of Article 6 of Directive 2009/20/

EC. The act of requesting such certificate shall not lead to a delay

in accommodating the ship.

(1) A maritime information management system shall be

e s t a b l i s h e d to p r oc e s s th e i n fo rm at i o n r e f e r r e d t o i n t h e s e

regulations and in the Directives referred to in regulation 2, as

amended.

(2) This information management system shall work as a single

window. The fulfilment of reporting formalities in electronic

format and their transmission via the single window shall take

place not later than 1 st June, 2015.

(3) The single window shall be the place where all information

is reported once and made available to the various national

authorities.

(4) Without prejudice to the relevant format set out in the FAL

Convention, the electronic format shall comply with the provisions

of this regulation

Provided that the FAL forms shall be accepted for the

fulfilment of the reporting formalities;

Provided further that the category of reporting formalities

includes the information which shall be provided in accordance

with the FAL Convention and other relative international legal

instruments and the applicable forms are

(i)

FAL form 1: General Declaration;

(ii)

FAL form 2: Cargo Declaration;

(iii) FAL form 3: Ship’s Stores Declaration;

(iv)

FAL form 4: Crew’s Effects Declaration;

(v)

FAL form 5: Crew List;

(vi)

FAL form 6: Passenger List;

(vii) FAL form 7: Dangerous Goods; and

(viii) Maritime Declaration of Health

Provided further that ships falling with the scope of these

regulations and operating between ports situated in the customs

territory of the European Union, but which do not come from, call

at or are headed towards a port situated outside the territory or a

free zone subject to type I controls under customs legislation, are

exempt from the obligation of sending the information referred to

in the FAL forms listed under these regulations, without prejudice

to t he appl icable l egal acts o f t he E uro pean Un ion an d th e

possibility of a Member State to request the information in such

FAL forms which is necessary to protect internal order and security

and to enforce customs, fiscal, immigration, environmental or

sanitary laws;

Provided further that the information required in

accordance with the provisions of an applicable legal act of the

European Union and local legislation in force from time to time can

only be provided in paper format until 1 st June, 2015.

(5) Where reporting formalities are required by an applicable

legal act of the European Union and local legislation in force from

time to time and to the extent necessary for the good functioning of

the single window, the maritime information management system

shall be compatible, connectable and interoperable with the

SafeSeaNet system adopted by the Commission and, where

applicable and through collaboration and cooperation from and

with the relevant national authorities, with the computer systems

stipulated in Decision No. 70/2008/EC of the European Parliament

and of the Council of the 15 th January, 2008 on a paperless

environment for customs and trade.

(6) The Authority shall cooperate with other competent

authorities of other Member States to ensure the interconnection

and interoperability of their respective systems and to develop and

update SafeSeaNet.

(7)

The maritime information management system shall

(a) ensure that the data exchange is electronic and enable

messages notified in accordance with regulation 6(6)

to be received and processed;

(b) allow information to be transmitted twenty-four hours

a day; and

(c) upon request, through SafeSeaNet, and if needed for

the purpose of maritime safety or security or the

protection of the maritime environment, is able to send

information on the ship and the dangerous or polluting

goods on board to the national and local competent

authorities of another Member State without delay.

(8)

Furthermore, it shall be ensured that

(a) the information received in accordance with the

reporting formalities provided in an applicable legal

acts of the European Union and local legislation in

force from time to time is made available in the

maritime information system and shall make the

relevant parts of such information available to other

Member States through such system

Provided that, unless otherwise provided by these

regulations or any other legislation, this does not apply

to the information received pursuant to Regulation

(EEC) No. 2913/92, Regulation (EEC) No. 2454/93

VESSEL TRAFFIC MONITORING

AND REPORTING REQUIREMENTS

laying down provisions for the implementation of

Council Regulation (EEC) No. 2913.92, Regulation

(EC) No. 562/2006 and Regulation (EC) No. 450/

2008; and

(b) the information received through the maritime

information system is available upon request to the

relevant national authorities.

(9)

For the purposes of this regulation and regulation 19,

"legal act of the Union" means

(a)

Directive 2002/59/EC of the European Parliament

and of the Council of 27 th June 2002 establishing a Community

vessel traffic monitoring and information system, as transposed

by these regulations and the Dangerous Cargo Ships, Marine

Terminals and Facilities and Bunkering Regulations;

(b)

Regulation (EC) No 562/2006 of the European

Parliament and of the Council of 15 th March 2006 establishing

a Community Code on the rules governing the movement of

persons across borders;

(c)

Directive (EU) 2019/883 of the European

Parliament and of the Council of 17 th April 2019 on port

reception facilities for the delivery of waste from ships,

amending Directive 2010/65/EU and repealing Directive 2000/

59/EC, as transposed by the Port Reception Facilities for the

Delivery of Waste from Ships Regulations;

(d)

Regulation (EC) No. 725/2004 of the European

Parliament and of the Council of 31 st March 2004 on enhancing

ship and port facility security, as transposed by the Ports

Security Regulations;

Regulation (EEC) No. 2913/92 of 12 th October,

(e)

1992 establishing the Community Customs Code and

Regulation (EC) 450/2008 of the European Parliament and of

the Council of 23 rd April 2008 laying down the Community

Customs Code (Modernised Customs Code); and

Council Directive 98/41/EC of 18 th June 1998 on the

(f)

registration of persons sailing on board passenger ships operating to or

from ports of the Member States of the Community, as transposed by

the Merchant Shipping (Counting and Registration of Persons on

Board Passenger Ships) Regulations.

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 European 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.

(1) There shall be established a Maritime Safety and

Pollution Prevention Committee (hereinafter referred to as "the

Committee") to advise and make recommendations to the Authority

on general ways of dealing with -

(a) a ship involved in an accident, an incident or a

pollution event;

(b) an evaluation of the risks involved if such accident,

incident or pollution event affects or threatens the

related interests or the economy of Malta; and

(c) the co-ordination of responding to such accident,

incident or pollution event, in the case the Authority

decides that it should take appropriate measures with a

view to minimizing the consequences of an incident or

accident at sea.

(2) The following senior public officials shall be ex officio

members of the Committee

(a) the Permanent Secretary in the Ministry responsible

for shipping and ports, who shall be the Chairman;

(b) the Chairman of the Authority;

(c) (revoked as a result of Act XV. 2009.49.);

(d) the Commander of the Armed Forces of Malta;

(e) the Commissioner of Police;

(f)

the Director of the Civil Protection Department; and

(g) the Director-General, Malta Environment and Planning

Authority

Provided that the Minister may appoint other persons as

m e m b e r s o f t h e Co m m i t t e e w h o a p p ea r t o h i m t o h a v e t h e

experience and to have shown the capacity in matters relating to

maritime safety and oil pollution prevention and control.

(3) If any vacancy in the Committee occurs on account of

death, resignation or for any other cause, the vacancy shall be filled

by the senior public official acting or deputizing for the positions

described in sub-regulation (2)

Provided that the Committee and the members thereof may

continue to act notwithstanding any such vacancy.

(4) The Committee shall appoint a deputy Chairman who shall

act instead of the Chairman whenever the Chairman is absent from

a meeting of the Committee or is unable for any reason to act as

Chairman.

(5) Notwithstanding any other provision of this regulation, the

Minister may at any time terminate the appointment of an

appointed member, if, in his opinion, such appointed member is

unfit to continue in office or has become incapable of properly

performing his functions.

(6) The Chairman of the Committee shall, from time to time,

appoint a secretary to the Committee.

(7) The Committee shall meet as often as necessary, but in no

case less frequently than once in every three calendar months.

(8) The Committee may to co-opt members to the Committee

and to decide on the composition and terms of reference of sub-

committees or of expert groups to which it can give special tasks.

(9)

The Committee shall regulate its own procedures.

(10) In those cases where the Authority fails to deem it, or does

not deem it, appropriate, or does not agree with the advices and

recommendations of the Committee, it shall provide the Minister

wi th all relativ e i nform ation and j usti fication im mediately

following the receipt of such advices and recommendations.

(1) Any person who fails to comply with any of the

requirements prescribed in these regulations shall, for a first

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

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

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

continuing offence or offences, to a further fine not exceeding one

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

(€1,164.69) for each offence for every day or part thereof during

which such offence or offences continue

Provided also that the court shall order to whoever is

convicted of an offence against these regulations, to pay those

expenses that the competent authority, or any other person or party,

has incurred as a result of that offence.

(2) It shall also be lawful for the court, in the case of any

contravention committed by the operator or master of a ship to

order the detention of the ship for a time not exceeding three

months at the expense of the operator.

(3) Where any offence against the provisions of these

regulations is committed by a body of persons or body corporate,

every person who at the time of the commission of the offence was

a director, manager or other similar officer of such body of persons

or body corporate, or was purporting to act in any such capacity,

shall be guilty of that offence unless he proves that the offence was

committed without his knowledge and that he exercised all due

diligence to prevent the commission of the offence.

(4) 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

VESSEL TRAFFIC MONITORING

AND REPORTING REQUIREMENTS

before the said courts as courts of criminal jurisdiction.