PORTS SECURITY REGULATIONS

SUBSIDIARY LEGISLATION 499.35

PORTS SECURITY REGULATIONS

1st December, 2004

LEGAL NOTICE 484 of 2004, as amended by Legal Notices 425 of 2007

and 3 of 2008; Act XV of 2009; and Act XVI of 2022 and Legal Notices 329

of 2012 and 104 of 2023.

The title of these regulations is the Ports Security

Regulations.

(1)

The purpose of these regulations is to

(a) enable Malta to enhance ship and port security by

meeting its obligations arising from the International

Convention for the Safety of Life at Sea (SOLAS);

(b) bring into effect the provisions of the Directive 2005/

65/EC of the European Parliament and of the Council

of the 26 th October, 2005 enhancing port security; 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.

(2) These regulations shall be read and construed together with

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

the Council on enhancing ship and port facility security and in case

of conflict between these regulations, the Annex to the Convention

and the EC Regulation, the provisions of the latter instrument shall

prevail.

(1)

These regulations apply to

(a) the following types of ships

(i)

passenger ships, including high-speed passenger

craft, engaged on international voyages;

(ii) cargo ships, including high-speed craft, of 500

gross tonnage or more engaged on international

voyages;

(iii) mobile offshore drilling units; and

(iv) any ship as described in paragraphs (i) to (iii)

engaged in domestic shipping to which these

regulations would apply following a mandatory

security risk assessment; and

(b) port facilities within the internal and territorial waters

of Malta that serve a ship, or a mobile offshore drilling

unit, of a type specified in paragraph (a);

(c) ports in which one or more port facility, specified in

paragraph (b), is or are situated, but shall not apply to

military installations located in these ports.

(2)

These regulations do not apply to

(a) warships and troopships; or

(b) naval auxiliaries; or

(c) other ships that are used on Government non-

commercial service; or

(d) pleasure craft; or

(e) ships not propelled by mechanical means; or

(f)

wooden ships of primitive built; or

(g) fishing vessels; or

(h) ships not engaged in commercial activities.

In these regulations, unless the context otherwise requires

"appropriate inspector" means an inspector appointed in terms of

the Merchant Shipping Act;

"the Authority" means the Authority for Transport in Malta

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

"authorised person" means

(a) an officer acting on a direction of the Authority; or

(b) a member of the police; or

(c) a Customs officer; or

(d) a member of the Armed Forces of Malta;

"the certificate" means a valid International Ship Security

C e r t i f i c a t e i s s u e d i n t e r m s o f t h e C od e , o r a v a l i d I n te r i m

International Ship Security Certificate issued in terms 19.4 of the

Code;

"clear grounds" are those grounds as defined in Part B of the

Code;

"the Code" means the International Code for the Security of

Ships and of Port Facilities, as adopted, on the 12th December,

2002 by resolution 2 of the Conference of Contracting

Governments to the Convention, and as may be amended by the

International Maritime Organisation;

"company" means the owner of the ship or any other organisation

or person, such as the manager or the bareboat charterer, who has

assumed the 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 Code;

"the Convention" means the International Convention for the

Safety of Life at Sea (SOLAS), as amended, in the International

Convention for the Safety of Life at Sea (Ratification) Act;

"customs officer" has the same meaning as is given in the

Customs Ordinance;

"declaration of security" means an agreement between a ship and

a port facility, or another ship, with which it interfaces, that

specifies the security measures each must implement;

"designated authority" means the authority appointed under

regulation 5, and the term "competent authority for maritime

security" that appears in the EC regulation shall be construed

accordingly;

"focal point for port security" means the body designated as the

focal point for maritime security;

"focal point for maritime security" means the body designated

under regulation 7;

"high-speed craft" has the same meaning as defined in regulation

XII.2 of the Convention;

"in writing" means printed, typewritten, or otherwise visibly

represented, copied, or reproduced, including by fax or email or

other electronic means;

"International Safety Management Code" means the International

Mana gem ent C ode f or t he Safe Op erat io n of S hi ps and f or

Pollution Prevention adopted by the International Maritime

Organisation by Resolution A.741 (18), as amended from time to

time by the International Maritime Organisation;

"maritime security" means the combination of preventive

measures intended to protect shipping and port facilities against

threats of intentional unlawful acts;

"master" has the same meaning as in the Merchant Shipping Act;

"the Minister" means the Minister responsible for ports;

"mobile offshore drilling unit" means a mechanically propelled

unit or vessel that is capable of engaging in drilling operations for

the exploration for, or exploitation of, resources beneath the

seabed, such as liquid or gaseous hydrocarbons, sulphur, or salt;

"passenger ship" means a ship that carries more than twelve

passengers;

"port" means, for the purposes of these regulations, the ports listed

in the Sixth Schedule;

"port facility" means a location, as determined by the Authority,

where the ship-port interface takes place, including areas such as

anchorages, waiting berths and approaches from seaward as

appropriate;

"port facility operator" means

(a) the owner of the port facility; or

(b) if the owner is not responsible for the management of

the port facility -

(i) the manager of the port facility; or

(ii) any other person, who is, for the time being,

responsible for the management of the port

facility;

"port facility security officer" means the person designated by

the port facility operator as responsible for the development,

implementation, revision and maintenance of the port facility

security plan and for liaison with the ship security officer and the

company security officer;

"port facility security plan" means a plan developed to ensure the

application of measures designed to protect the port facility and

ships, persons, cargo, cargo transport units and ship’s stores within

the port facility from the risks of a security incident;

"port security authority" means the authority appointed under

regulation 5;

"port security area" means an area designated under regulation

36 as a port security area;

"port service provider" means any operator who is involved in a

ship-port interface but who is not a port facility operator, and shall

include the following

(a) commercial vessel operators;

(b) cargo handling operators;

(c) mooring operators;

(d) pilotage service operators; and

(e) towage operators;

"port service provider security officer" means the person

designated by the port service provider as responsible for the

development, implementation, revision and maintenance of the port

service provider security plan and for liaison with the ship security

officer, port facility security officer and the company security

office, as applicable;

"recognised security organisation" means an organisation with

appropriate expertise in security matters and with appropriate

knowledge of ship and port operations that is authorised by the

Authority to carry out an assessment, a verification, or an approval

or certification activity required by Chapter XI-2 of the Annex to

the Convention or by Part A of the Code

P r o v i d e d t h a t r e c o g n i s e d s e c u r i t y o rg a n i s a t i o n s m a y b e

appointed by the designated authority to carry out port security

assessments and port security plans if they fulfil the conditions

established in the Fourth Schedule;

"scheduled service" means a series of sailing organized in such a

way as to provide a service linking two or more port facilities -

(a) either on the basis of a published timetable;

(b) or with a regularity or frequency such as to constitute a

recognizable systematic service;

"security incident" means any suspicious act or circumstance

threatening the security of any -

(a) ship, including a mobile offshore drilling unit and

high-speed craft; or

(b) port facility; or

(c) mobile offshore drilling unit; or

(d) ship-port interface; or

(e) ship-to-ship activity;

"security level" means the quantification of the degree of risk

that a security incident will be attempted or will occur;

"security level 1" means the level for which minimum

appropriate protective security measures must be maintained at all

times;

"security l evel 2" means the l eve l fo r w hi ch ap prop ri at e

additional protective security measures must be maintained for a

period of time as a result of heightened risk of a security incident;

"security level 3" means the level for which further specific

protective security measures must be maintained for a limited

period of time when a security incident is probable or imminent,

although it may not be possible to identify the specific target;

"ship" means every description of boat or craft used in

navigation, and includes

(a) a barge, lighter, or other like vessel;

(b) a hovercraft or other thing deriving full or partial

support in the atmosphere from the reaction of air

against the surface of the water over which it operates;

(c) a submarine or other submersible;

(d) a high-speed craft; and

(e) a mobile offshore drilling unit that is not on location;

"ship-port interface" means the interactions that occur when a

ship is directly and immediately affected by actions involving the

movement of persons, goods, or the provisions of port services to

or from the ship;

"ship security officer" means the person on board the ship who is

accountable to the master and designated by the company as

responsible for the security of the ship, including the

implementation and maintenance of the ship security plan, and for

liaison with the port facility security officer;

"ship security plan" means a plan developed to ensure the

application of measures on board the ship designed to protect

persons on board, cargo, cargo transport units, ship’s stores, or the

ship from the risks of a security incident;

"ship-to-ship activity" means any activity not related to a port

facility that involves the transfer of goods or persons from one ship

to another;

"ship’s administration" means the government of the State in

which the ship is registered.

PORTS SECURITY

The designated authority responsible for ensuring the

implementation of the provisions of these regulations shall be the

Authority for Transport in Malta.

The designated authority shall -

(a) establish procedures to ensure that

(i)

appropriate measures are taken to protect

information which is subject to the requirement

of confidentiality to which it has access or

which is communicated to it by a Member State;

and

(ii) any personnel carrying out security inspections,

or handling confidential information related to

these regulations has the appropriate level of

security vetting by the Member States of the

nationality of the personnel concerned;

(b) ensure that with respect to ports to which these

regulations apply that port security plans, based on the

findings of port security assessment, are prepared,

approved and implemented;

(c) ensure that with respect to each port facility within the

ports and territorial limits of Malta that -

(i)

port facility security assessments are carried out,

reviewed, and approved; and

(ii) port facility security plans are developed,

implemented, maintained and approved;

(d) specify the appropriate security level for port facilities

within the internal and territorial limits of Malta;

(e) specify and communicate the measures that must be

addressed in a port facility security plan;

(f)

determine -

(i) whether a declaration of security is required; and

(ii) the requirements for any declaration of security;

(g) approve -

(i)

any port facility security assessment carried out

by a recognized security organisation;

(ii) any port facility security plan; and

(iii) any amendment to an approved port facility

security plan that is specified in these

regulations as requiring the approval of the

designated authority;

(h) exercise control measures;

(i)

for the purpose of providing further information,

publish standards and codes of practice;

(j)

authorise recognised security organisations; and

(k) undertakes any other functions or duties specified in

these regulations.

(1) The Ministry responsible for shipping and ports shall

be the focal point for maritime security.

(2) The duties and functions of this focal point shall be to serve

as a contact point for Malta and other states and to facilitate, follow

up and inform on the application of the maritime security measures

laid down in these regulations.

There shall be established an inter-ministerial Committee

to be designated the Maritime Security Committee (hereinafter

referred to as "the Committee").

Subject to the provisions of these regulations, it shall be

the duty of the Committee to -

(a) advise the designated authority and competent

authorities on the development, maintenance and

promotion of an effective system of maritime security

(seaports, ships and related matters pertaining to all

relevant security regulations and directives);

(b) develop the necessary strategies and policies to reach

all international and national obligations and relevant

objectives related to maritime security in general;

(c) develop the necessary directives for the effective

response and support to any potential level three

threat;

(d) develop contingency plans and procedures relevant to

national maritime incidents;

(e) establish policies and schedules for drills, exercises

and testing of all contingency plans and procedures, as

well as all relevant coordination, training and support

for such measure;

(f)

coordinate and activate all the necessary resources to

implement all the above mentioned measures related to

the deliberations that fall within the competencies of

this Committee; and

(g) undertake any

other

issue

prescribed

in

these

regulations.

(1) The following members of the Committee shall, on an

ex officio basis, be appointed by the Minister and shall be -

(a) the Permanent Secretary responsible for ports;

(b) three (3) senior officials of the Authority for Transport in

Malta, being the Director for Port Security, the Chief

Officer Ports & Yachting and the Registrar-General of

Shipping and Seamen;

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

(d) the Commissioner of Police;

(e) the Comptroller of Customs; and

(f)

the Director General of Civil Protection

Provided that the Minister may appoint other persons as

m em b e r s o f t h e C o m m i t t e e w h o a p p e a 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 security.

(2)

The Minister shall be the Chairman of the Committee.

(3) The Permanent Secretary responsible for ports shall be the

Deputy Chairman of the Committee 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.

(4) Except for the ex officio members, the appointed members

shall hold office for such term, not being more than three years, as

may be specified in their letter of appointment.

(5) If any vacancy in the Committee occurs during the period

of appointment, on account of death, resignation or for any other

cause, the Minister shall, as soon as practicable, appoint another

person to fill the vacancy

Provided that the Committee and the members thereof may

act notwithstanding any such vacancy.

(6) 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.

(7) The Minister shall, from time to time, appoint a secretary to

the Committee.

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

case less frequently than once in every three calendar months.

(9) The Committee shall decide on the composition and terms

of reference of sub-committees or expert groups to which it can

give special and specific tasks.

(10) All the decisions of such Committee must be taken by at

least five of all the members forming such Committee.

(11) The Committee shall regulate its own procedures.

(12) At the end of each calendar year, the Committee shall

prepare an annual report, to be submitted to the Minister and copied

to all the members of the Committee within the first quarter of the

following year.

The designated authority must give to each port facility

operator and port service provider conducting operations within the

port security area -

(a) the name or position of the person who is responsible

to co-ordinate the security of port facilities;

(b) the contact details of such person; and

(c) the measures to confirm the identity of persons who

are authorised to have access to a port security area.

The designated authority may require a declaration of

security if -

(a) it is satisfied that the ship-port interface or ship-to-

ship activity poses a risk to persons, property, or the

environment; or

(b) it has received a request under these regulations, and is

satisfied that the ship-port interface or ship-to-ship

activity poses a risk to persons, property, or the

environment.

(1) A declaration of security must be completed, signed

and dated by the master of, or ship security officer for, the ship

and -

(a) if the other party to the agreement is also a ship - the

master of, or ship security officer for, that other ship;

or

(b) if the other party to the agreement is a port facility

operator - the port facility security officer; or

(c) if the other party to the agreement is a port service

provider - the port service provider security officer.

(2)

A declaration of security must specify -

(a) the contact details for the parties and signatories to the

agreement;

(b) the period for which the declaration is valid; and

(c) the security level in force for each party.

(3) The designated authority may establish the form of the

declaration of security.

(4) A copy of the declaration of security must be kept by the

port facility operator and the port service provider for a period of

o n e y e a r, w h i c h y e a r b e g i n s t o r u n f r o m t h e d a y a f t e r t h e

declaration ceases to be valid.

(1) If the designated authority has entered into an

alternative security agreement in accordance with the provisions of

these regulations, the designated authority shall supervise the

alternative security arrangements for a port facility covered by that

agreement.

(2) Any such agreement shall not compromise the level of

security of other ships or of port facilities within Malta.

(3) A master of a ship covered by an alternative security

agreement may not conduct any ship-to-ship activity with a ship

not covered by that agreement.

(4) The designated authority must review each alternative

security agreement -

(a) at an interval specified by the alternative security

agreement under review; or

(b) in the absence of a specification by the alternative

security agreement under review, every five years.

(5)

The review must take into account -

(a) the experience gained from the agreement;

(b) any changes in the particular circumstances of the

ships, port facilities, or routes covered by the

agreement; and

(c) any changes in the assessed threats to the security of

the ships, port facilities, or routes covered by the

agreement.

(1) The designated authority may authorise a port facility

or a group of port facilities to implement other security measures

equivalent to those prescribed in Chapter XI-2 of the Annex to the

Convention or in the Code if those security measures are at least as

effective as the specified measures.

(2) If the designated authority authorises an equivalent security

arrangement, the designated authority shall notify and provide

sufficient details of the measures to the focal point and shall

subsequently report that arrangement to the International Maritime

Organisation as soon as practicable.

(3) Subregulation (2) does not apply if the port facility or the

group of port facilities is covered by an alternative security

agreement in terms of regulation 14.

(1) The Designated Authority must -

(a) determine the security level and security measures to

be implemented in a port, or part of a port, and at

every port facility;

(b) change the security level specification if the

designated authority considers it necessary to reduce

or increase the risk of a security incident; and

(c) periodically review and update as necessary, any

security level that the designated authority specifies.

(2) In establishing a security level, the Authority has to consult

with the members of the Maritime Security Committee.

(3) The members of the Maritime Security Committee shall

inform the designated authority of any information in respect of a

threat to ship or port facility security or of a security incident.

(4) Whenever the designated authority does not comply with

the advice of the Committee, it shall justify its reasons for not so

doing to the Committee.

(1) The designated authority must ensure the provision

of -

(a) security level information to -

(i)

any ship intending to operate, or operating,

within the ports and territorial waters of Malta;

and

(ii) every port facility operator and port service

provider; and

(b) updated security level information to any -

(i)

other ship intending to operate, or operating,

within the territorial limits of Malta; and

(ii) port facility operator and port service provider if

the security level has been changed.

(2) For the purpose of this regulation, the designated authority

must no tify t he master of the ship, as the Autho rity deem s

necessary, by any means of communication, whether or not of a

permanent nature.

The master of a ship calling in Malta and the company

must comply with any requirements specified in these regulations

for the security level specified for that ship or class of ship -

(a) before carrying out a ship-port interface in Malta;

(b) before entering a port facility within the ports and

territorial waters of Malta; and

(c) while in a port in Malta.

(1) The master of a ship calling in Malta and the company

must ensure that a Certificate is held on board the company’s ship.

(2) The designated authority may verify that a Certificate is on

board a ship if that ship is at a port facility within a port or the

territorial limits of Malta.

(3) The master of a ship in a port facility within a port or the

territorial limits of Malta must -

(a) on the request of the designated authority, produce the

Certificate; and

(b) co-operate with the designated authority in any other

respect.

(1) A master of a ship intending to enter a port facility in

Malta shall, prior to entry into that port facility, be required to

provide the following information to the designated authority to

ensure compliance with these regulations

(a) evidence that the ship possesses a Certificate;

(b) evidence of the security level at which the ship is

currently operating;

(c) evidence of the security level at which the ship

operated in any previous port where is conducted a

ship-port interface during the period of its last ten calls

at port;

(d) evidence of any special or additional security

measures that were taken by the ship in any previous

port where it conducted a ship-port interface during

the period of its last ten calls at port;

(e) evidence that the appropriate ship security procedures

were maintained during any ship-to-ship activity

during the period of its last ten calls at port; and

PORTS SECURITY

(f)

any other practical security-related information,

excluding details of the ship security plan, taking into

account the guidance given in the Code.

(2) The master of a ship must keep a record of the information

specified in subregulation (1) for the last ten calls at port facilities.

(3) The information referred to in subregulation (1) shall be

provided to the designated authority on the form provided in the

Fifth Schedule and within the following time frames

(a) at least twenty-four hours in advance; or

(b) at the latest, at the time the ship leaves the previous

port, if the voyage time is less than twenty-four hours;

or

(c) if the port of call is not known or if it is changed

during the voyage, as soon as the port of call becomes

known;

Provided that the designated authority may exempt

scheduled services performed between port facilities located on

their territory or performed with other Member States, if -

(a) the company operating the scheduled services referred

to above keeps and updates a list of the ships

concerned and sends it to the designated authority; and

(b) for each voyage performed, the information referred to

in subregulation (1) is kept available for the

designated authority upon request. The company must

establish an internal system to ensure that, upon

request, twenty-four hours a day and without delay, the

said information can be sent to the designated

authority

Provided further that the form found in the Fifth Schedule

shall be used until the 1 st of June, 2015 and subject to the provisions of

the Vessel Traffic Monitoring and Repo rting Req uirements

Regulations.

(4) If a master or company declines to provide the information

or confirmation specified in subregulation (1) or subregulation (3),

the designated authority may -

(a) attempt to establish communication with the master

and the ship’s administration to rectify the non-

compliance; and

(b) if the communication does not result in rectification,

take one or more of the following steps

(i) require rectification of the non-compliance;

(ii) require the ship to proceed to a specified

location within Maltese territorial waters or port;

(iii) request an appropriate inspector to inspect the

ship for the purpose of ascertaining compliance

with the certification requirements of these

regulations, if the ship is within the territorial

waters or port of Malta;

(iv)

deny the ship entry, if -

(A) the designated authority has reasonable

grounds to believe that the ship poses an

immediate threat to the security or safety

of persons, ships, or other property; or

(B) there are no other appropriate means for

removing that threat.

(5) Before taking a step specified in subregulation (4)(b), the

designated authority must inform the master of the ship of the

Authority’s intention to take the step by giving notice to the master

of the ship as the designated authority considers necessary by the

means of communications, whether or not of a permanent nature, as

the Authority considers appropriate in the circumstances.

(6)

A step that is taken under subregulation (4)(b) -

(a) must be proportionate, taking into account the

guidance given in part B of the Code; and

(b) may additionally or alternatively include other lesser

administrative or corrective measure.

(7) A ship may be denied entry under subregulation (4)(b)(iv)

despite the provisions of any other enactment.

(8)

If a ship is denied entry under subregulation (4)(b)(iv) -

(a) all possible efforts must be made to avoid a ship being

unduly detained or delayed; and

(b) a person may be allowed to leave the ship, or access to

the ship must be allowed, for -

(i) humanitarian reasons; or

(ii) emergency reasons; or

(iii) security purposes.

(9) On receiving the information under subregulation (4), the

master of the ship may withdraw the intention to enter the port.

(10) If a ship is denied entry to the port under subregulation

(4)(b)(iv), a port facility operator or port service provider must

cease providing services to that ship if the designated authority so

directs.

(11) A step taken under subregulation (4) may be imposed until

the non-compliance that gave rise to the step is corrected to the

satisfaction of the designated authority, taking into account any

actions proposed by the ship or the designated authority.

(1) If a certificate is not produced to an appropriate

inspector when required under regulation 20 without a lawful or

justifiable excuse, or if the designated authority has clear grounds

to believe that a ship is not in compliance with the requirements of

these regulations, the designated authority must, for the purpose of

ensuring compliance with these regulations, impose one or more of

the following control measures

(a) inspection of that ship for the purpose of ascertaining

compliance with the certification requirements of

PORTS SECURITY

these regulations and other legislation enforceable in

Malta, including, but not limited to, requiring the

master to -

(i)

provide the information that the designated

authority considers relevant to the inspection;

and

(ii) demonstrate to the designated authority that the

master or the relevant crew are familiar with

essential ship board security procedures, and any

shipboard security procedure is capable of being

carried out in a competent manner;

(b) delay of that ship;

(c) detention of that ship;

(d) restriction of the operations of that ship, including

movement within the port;

(e) expulsion of that ship from the port if -

(i)

the designated authority has reasonable grounds

to believe that the ship poses an immediate

threat to the security or safety of persons, ships,

or other property; and

(ii) there are no other appropriate means for

removing that threat.

(2) A ship may be expelled under subregulation (1)(e) despite

the provisions of any other enactment.

(3)

A control measure that is imposed under subregulation (1) -

(a) must be proportionate, taking into account the

guidance given in the Code; and

(b) may additionally or alternatively include other lesser

administrative or corrective measures.

(4) A control measure imposed under subregulation (1) may

continue until the non-compliance that gave rise to the control

measure is corrected to the satisfaction of the designated authority,

taking into account actions proposed, if any, by the ship or the

designated authority.

(5)

If a ship is expelled from a port under subregulation (1)(e) -

(a) the designated authority may require the ship to

proceed to a specified location within Maltese

territorial waters or port;

(b) the port facility operator must cease providing services

to that ship if the designated authority directs the port

facility operator to cease providing services to that

ship;

(c) all possible efforts must be made to avoid a ship being

unduly detained or delayed; and

(d) a person may be allowed to leave the ship, or access to

the ship must be allowed, for -

(i)

emergency reasons; or

(ii) humanitarian reasons; or

(iii) security purposes.

(1) The designated authority may request an appropriate

inspector to inspect ship security plans and to carry out control

measures if -

(a) it has reasonable grounds to believe that the ship is not

in compliance with the requirements of Chapter XI-2

of the Annex to the Convention or the Code;

(b) the only means to verify or to rectify the non-

compliance is to review the relevant requirements of

the ship security plan; and

(c) consent for the inspection to review the relevant

requirements of the ship security plan is obtained

from -

(i) the master; or

(ii) the ship’s administration, if the State is a party to

the Convention.

(2) The designated authority may only have access to the

specific sections of the plan that relate to the suspected non-

compliance.

(3) Despite subregulations (1) and (2), the provisions of a ship

security plan that are confidential may not be subject to inspection

unless agreed to between the designated authority and the ship’s

administration, if the State is a party to the Convention.

(4) Despite subregulation (3), if the ship is registered in Malta

or if the ship is registered in a State that is not a party to the

Convention, the designated authority may authorise the inspection.

If a ship is detained under these regulations -

(a) the company is liable to pay to the designated

authority the costs of, and incidental to, the detention

and any inspection and audit under these regulations;

and

(b) those costs that are, without prejudice to any other

remedy, recoverable as a debt due to the designated

authority in a Court of competent jurisdiction as

provided in the Ports and Shipping Act.

If the master withdraws the intention to enter the port,

regulations 21(1) and (3) and 22(1) do not apply.

(1) If a control measure is imposed under regulation 20, or

if a step is taken under regulation 22(1)(b), the designated authority

shall -

(a) advise, in writing, the ship’s administration of -

(i) the control measure imposed or step taken; and

(ii) the reasons for imposing the control measure or

taking the step, and

(b) provide written notice, specifying when the control

measure was imposed or the step taken, to -

(i) the International Maritime Organisation; and

(ii) either the recognized security organization that

issued a certificate to the ship concerned or if a

recognized security organisation did not issue a

certificate, the ship’s administration.

(2) If a ship is either expelled from a port, or entry into a port is

denied in terms of these regulations, the designated authority must

communicate the appropriate facts to the relevant authorities of -

(a) the State of the next appropriate port of call, if known;

and

(b) any other appropriate coastal State.

(3)

The communication must -

(a) take into account any relevant guidelines promulgated

by the International Maritime Organisation; and

(b) be secure and confidential.

(1) The designated authority shall ensure that port security

a ss es sm e n t s ar e c ar r i e d o ut fo r t h e p o r t s co v e r e d b y t he s e

regulations. These assessments shall take due account of the

specificities of different sections of a port and, where deemed

applicable, of its adjacent areas if these have an impact on security

in the port, and shall take into account the assessments for port

facilities within their boundaries as carried out pursuant to these

regulations and Regulation (EC) No 725/2004.

(2) Each port security assessment shall be carried out taking

into account as a minimum the detailed requirements laid down in

the First Schedule.

(3) Port security assessments may be carried out by a

recognised security organisation.

(4)

Port security assessments shall be

(a) approved by the designated authority after

consultation with the Maritime Security Committee;

(b) reviewed as appropriate, but at least once every five

years.

(1) Subject to the findings of port security assessments,

the designated authority shall ensure that port security plans are

developed, maintained and updated. Port security plans shall

adequately address the specificities of different sections of a port

and shall integrate the security plans for port facilities within their

boundaries established pursuant to Regulation (EC) No 725/2004.

(2) Port security plans shall identify, for each of the different

security levels

(a) the procedures to be followed;

(b) the measures to be put in place;

(c) the actions to be undertaken.

(3) Each port security plan shall take into account as a

minimum the detailed requirements specified in the Second

Schedule. Where, and to the extent appropriate, the port security

plan shall in particular include security measures to be applied to

passengers and vehicles set for embarkation on seagoing vessels

which carry passengers and vehicles. In the case of international

marit im e transp ort service s, t he desig nated au tho ri ty shall

cooperate with other Member States in the security assessment.

(4) Port security plans may be developed by a recognised

security organisation.

(5)

The designated authority shall

(a) approve the port security plans after consultation with

the Maritime Security Committee;

(b) implement the port security plans;

(c) review the port security plans as appropriate, but at

least every five years.

(6) The designated authority shall report to the focal point for

port security on the implementation of the port security plan.

(7) Adequate exercises shall be performed taking into account

the basic security training exercise requirements listed in the Third

Schedule.

(1) A port security officer shall be appointed by the

designated authority for each port. Each port shall, where

practicable, have a different port security officer, but may, if

appropriate, share a security officer.

(2) Port security officers shall fulfil the role of point of contact

for port security related issues.

(3) Where the port security officer is not the same as the port

facility security officer under these regulations, close co-operation

between them shall be ensured.

(1) The designated authority is to ensure that a Port

Security Committee is established for each port to which these

regulations apply.

(2) The Port Security Committees shall include representatives

of public entities, port users and service providers.

(3) The Port Security Committees shall establish and regulate

their own procedures.

(1) A port facility operator must -

(a) act on the security level specified by the designated

authority;

(b) apply security measures and procedures in a manner

that minimises interference with, or delay to,

passengers, ships, the personnel of ships, visitors,

goods, and services;

PORTS SECURITY

(c) appoint port facility security officers in accordance

with the provisions of these regulations; and

(d) comply with any requirements specified in these

regulations for the security level specified for that port

facility or class of port facility.

(2) A port facility operator required to have a port facility

security plan must give to the designated authority, and each port

service provider conducting operations within the port facility

(a) name of the port facility operator;

(b) contact details for the port facility operator;

(c) name of location of the port facility;

(d) name of the port in which the facility is located;

(e) name or position of the person who is to be the port

facility security officer for the facility;

(f)

a single 24-hour fixed-line or mobile telephone

number for the port facility security officer;

(g) the measures to be used by the port facility operator to

inform persons of the location of any port security

areas established within the boundaries of the port

facility; and

(h) the measures to confirm the identity of persons who

are authorised to have access to the port facility, to

ships moored at the facility and to any port security

areas established within the boundaries of the port

facility.

(3) A port facility operator required to have a port facility

security plan must also give to the designated authority details of

the boundaries of the facility.

(4) The port facility security officer and the ship security

officers must liaise and co-ordinate appropriate actions particularly

when the -

(a) port facility security officer is advised that a ship is

encountering difficulties in -

(i)

complying with the requirements to these

regulations; or

(ii) implementing the appropriate security measures

and procedures specified in the ship security

plan; or

(iii) in the case of security level 3, following any

security measures; and

(b) ship has a higher security level than that of the port

facility.

(5) If a ship has a higher security level than that of the port

facility, the port facility security officer must report the matter to

the designated authority.

(1) Before requesting the designated authority to approve

a port facility security plan, a port facility operator must designate,

in writing, a person as the port facility security officer for the port

facility.

(2) A port facility security officer may be designated by name

or by reference to a position.

(3) The duties and responsibilities of a port facility security

officer include

(a) facilitating the development, implementation, revision

and maintenance of the port facility security plan for

the port facility operator;

(b) liaising with ship, company, port, port service provider

and other port facility security officers; and

(c) performing -

(i)

the duties and responsibilities in terms of Part A

of the Code; and

(ii) any additional duties and responsibilities set out

in the port facility security plan or by the

designated authority.

(4) A port facility operator must ensure that a port facility

security officer assigned -

(a) has the knowledge and ability to perform the security

duties;

(b) is given the training set out in the port facility security

plan;

(c) is a suitable person to access and handle security

information; and

(d) has the authority to act on instructions received from

the designated authority.

(1) The designated authority must carry out a port facility

security assessment of each port facility within its control.

(2) The designated authority may authorize a recognised

s e c u r i t y o rg a n i s a t i o n t o c a r r y o u t a p o r t f a c i l i t y s e c u r i t y

assessment.

(3) If a port facility security assessment is carried out by a

recognised security organisation, the designated authority -

(a) must review it for compliance with subregulation (5);

and

(b) if satisfied that it complies with subregulation (5), may

approve the assessment.

(4)

A port facility security assessment must -

(a) be periodically reviewed and updated, taking into

account changing threats or minor changes in the port

facility; and

(b) if major changes take place to the port facility, be

reviewed and updated as soon as practicable

PORTS SECURITY

Provided that the periodic review of the port facility

security assessment shall be carried out at the latest five years after

the assessments were carried out or last reviewed.

(5) A security assessment for a port facility security plan must

include the following matters

(a) the date when the assessment was completed or

reviewed;

(b) the scope of the assessment, including assets,

infrastructure and operations assessed;

(c) a summary of how the assessment was conducted,

including details of the risk management process

adopted;

(d) the skills and experience of the key persons who

completed or participated in the assessment;

(e) a statement outlining the risk context or threat

situation for the port facility;

(f)

identification and evaluation of important assets,

infrastructure and operations that need to be protected;

(g) identification of possible risks or threats to assets,

infrastructure and operations, and the likelihood and

consequences of their occurrence;

(h) identification of existing

security

measures,

procedures and operations;

(i)

identification of weaknesses, including human factors,

in the infrastructure, policies and procedures;

(j)

identification, selection and prioritization of possible

risk treatments (for example, counter-measures and

procedural changes that need to be implemented) and

their effectiveness in reducing risk levels and

vulnerabilities.

(6) A security assessment for a port facility operator’s

operation must consider -

(a) the types of ships, and the types of cargoes transported

by ships, served by the port facility;

(b) any special risks or threats associated with such ships

and cargoes; and

(c) the elements identified in paragraphs 15.3 and 15.4 in

Part B of the Code.

(7) A port facility security assessment may cover more than

one port facility if -

(a) the operator, location, operation, equipment, and

design of those port facilities are similar; and

(b) the designated authority agrees.

(8) When a port facility security assessment is completed, the

person carrying out the port facility security assessment must

prepare a report for the designated authority that consists of -

(a) a summary of how the assessment was conducted;

(b) a description of each vulnerability found during the

assessment; and

(c) a description of counter measures that could be used to

address each vulnerability.

(9) The report and the security assessment must be protected

from unauthorised access or disclosure.

(1) A port facility operator must -

(a) develop, implement, and maintain a port facility

security plan based on the port facility security

assessment of that port facility; and

(b) update that port facility security plan as required by a

review of that plan.

(2) A recognized security organisation may prepare the port

facility security plan for a port facility.

(3) A port facility security plan or amendments to a previously

approved port facility security plan must be approved by the

Authority before effect may be given to that plan or amendments to

that plan.

(4) A port facility security plan must set out the requirements

of Part A and Part B of the Code in respect of port facility security

plans, which among other include

(a) the security organization of the port facility;

(b) a schedule of security plan audits by internal and

external auditors;

(c) the circumstances, in addition to the occurrence of a

security incident, following which a security plan

review must be conducted;

(d) the procedures for conducting a security plan audit,

including a process for selecting auditors who are

independent of the matters being audited;

(e) the procedures for conducting a security plan review,

including a process for consultation during the review;

(f)

the knowledge, skills and other requirements for the

port facility security officer;

(g) the training or qualifications that satisfy

the

requirements referred to in paragraph (a);

(h) the training that must be given to the port facility

security officer;

(i)

measures to prevent unauthorised carriage or

possession of weapons or prohibited items in the

facility or on board ships being loaded or unloaded at

the facility;

(j)

measures to prevent unauthorised access to the port

facility, to ships moored at the facility and to any port

security areas established within the boundaries of the

PORTS SECURITY

port facility;

(k) procedures for responding to security threats or

breaches of security, including procedures for

maintaining critical operations in the port facility or

ship/port interface;

(l)

procedures for responding to any security directions

given by the designated authority;

(m) procedures for evacuation of the port facility in case of

security threats or breaches of security;

(n) procedures for drills and exercises associated with the

plan;

(o) procedures for interfacing with ship security activities;

(p) procedures for modifying the plan to correct

deficiencies or to update the plan to take into account

changes to the port facility;

(q) procedures for reporting occurrences which threaten

the security of the port facility;

(r) measures to ensure the security of the information

contained in the plan;

(s) measures to ensure security of cargo and of cargo

handling equipment at the facility;

(t)

procedures in case the ship security alert system of a

ship is activated while in the security regulated port;

(u) procedures for facilitating -

(i) shore leave or relief of crew; and

(ii) access by visitors, including representatives of

seafarers’ welfare and of labour organisations;

(v) a map clearly showing -

(i) the boundaries of the port facility; and

(ii) the location of any port security area

established, or that the operator wishes to be

established or changed, within the area covered

by the plan; and

(w) the intervals at which drills shall be carried out to

ensure the effective implementation of the port

security plan.

(5) A port facility security plan must identify, by reference to

their positions, port facility personnel with, or who have been

assigned, security duties and responsibilities in addition to those of

the port facility security officer.

(6) The security duties and responsibilities of personnel so

identified must be set out in the plan, together with -

(a) the knowledge, skills and other requirements for the

security-related aspects of their positions;

(b) the training or qualifications that satisfy

the

requirements referred to in paragraph (a); and

(c) the training that must be given to such personnel.

(7) In determining appropriate measures under this regulation,

the port facility operator must have regard to the special risks of

threats associated with the types of ships, and the types of cargoes

transported by ships, regularly served by the port facility.

(8) A port facility security plan must set out, for the purpose of

coordinating security-related activities, a mechanism for

consultation -

(a) between the port facility operator and the designated

authority;

(b) between the port facility operator and each port service

provider conducting operations within the port facility,

and any other stakeholder, who may be affected by the

implementation of the plan; and

(c) between the port facility operator and its employees,

or their representatives, as regards security measures

and procedures to be implemented.

(9) A port facility security plan must set out, in relation to

maritime security level 1 -

(a) the security measures, identified in the security

assessment for the operation, for implementation at

that level;

(b) the measures that have been implemented;

(c) a schedule for implementing the measures that have

not been implemented; and

(d) any interim measures that will be implemented until

the measures referred to in paragraph (c) are fully

implemented.

(10) A port facility security plan must set out, in relation to

maritime security levels 2 and 3, the additional security measures

that the operator will implement if the Designated Authority

declares that maritime security level 2 or 3 is in force for the port.

(11) A port facility security plan must provide for -

(a) the circumstances in which the operator will request a

declaration of security with a ship;

(b) the procedures for negotiating the security measures

and responsibilities of the operator and of the ship in

those circumstances; and

(c) how security measures identified in a declaration will

be implemented to ensure compliance by the operator

and the ship with their security plans and with the

declaration.

(12) If a port facility operator wishes the designated authority to

establish a port security area, the port facility security plan must set

(a) the purpose for the proposed establishment of the port

security area;

(b) the boundaries of the port security area;

(c) if applicable, the period when, or the circumstances in

which, the port security area is in force;

(d) the security measures and procedures to be taken to

control access into the port security area by people,

vehicles or things, including measures relating to the

entry, parking, loading and unloading of vehicles, and

the movement and storage of cargo, stores and

baggage;

(e) steps to be taken to inform people that a port security

area is in force and that entry into that area without

authority is an offence; and

(f)

the name or position of the person or persons

responsible for the security measures, procedures or

steps referred to in paragraphs (d) and (e).

(13) The port facility security plan may be combined with, or be

part of, the port security plan or any other port emergency plan.

(14) The port facility security plan may be kept in electronic

format. In such case, it shall be protected by procedures aimed at

preventing its unauthorised deletion, destruction or amendments.

(15) A port facility operator must ensure that the security plan is

protected against unauthorised access, amendment and disclosure.

The designated authority must approve a port facility

security plan, or its amendments, if it -

(a) is consistent with -

(i) the purposes of these regulations; and

(ii) the security assessment for that port facility; and

(b) complies with the -

(i) requirements of these regulations; and

(ii) requirements prescribed by the designated

authority from time to time.

(1) An amendment to an approved port facility security

plan, or a change to any security equipment specified in an

approved plan -

(a) must be at least as effective as those measures

prescribed in the relative sections of Chapter XI-2 of

the Annex to the Convention and the provisions of

these regulations; and

(b) may not be implemented unless the amendment or

change is given written approval by the designated

authority.

(2)

The written approval must be -

(a) kept at the port facility; and

(b) presented when required by the designated authority.

(3) If written approval is given for a temporary amendment to

an approved port facility security plan or for a temporary change to

any security equipment specified in an approved plan, once the

original approved measures or equipment are reinstated, retention

of the written approval for the temporary amendment or temporary

change is not longer required.

(1) If the designated authority decides not to approve a

port facility security plan, or an amendment to a previously

approved port facility security plan, the company may request the

designated authority to review its decision.

(2) If the designated authority receives a request to review its

decision, the designated authority must carry out the review and

report the results of the review to the requesting company within

fifteen working days of the date on which the designated authority

received the request.

(1) Before requesting the designated authority to approve

a security plan, a port service provider must designate, in writing, a

person as the port service provider security officer.

(2) A port service provider security officer may be designated

by name or by reference to a position.

(3) The duties and responsibilities of a port service provider

security officer include

(a) conducting an initial security survey of the activities

of the port service provider and facilitating the

completion of the security assessment for the

provider’s security plan;

(b) ensuring the development and maintenance of the

security plan for the port service provider;

(c) implementing the security plan;

(d) undertaking regular security inspections of the area or

ship under the control of the port service provider to

ensure the effectiveness and adequacy of security

measures;

(e) recommending and incorporating modifications to the

security plan in order to -

(i) correct deficiencies in the plan;

(ii) or update the plan to take into account changes

to the port service provider;

(f)

enhancing security awareness and vigilance of the port

service provider’s personnel;

(g) ensuring that standards for personnel with, or who

have been assigned, with security duties and

responsibilities are met and that adequate training is

provided to such personnel;

(h) reporting to the relevant authorities, and maintaining

records of, occurrences which threaten the security of

the port service provider;

(i)

liaising with ship, port, port facility and other port

service provider security officers;

PORTS SECURITY

(j)

co-ordinating with security, police, fire, ambulance,

medical, search and rescue services, as appropriate;

(k) ensuring that security equipment is properly operated,

inspected, tested, calibrated and maintained; and

(l)

when requested by a ship security officer, assisting in

confirming the identity of persons intending to board a

ship.

(4) A port service provider must ensure that a port service

provider security officer -

(a) has the knowledge and ability to perform the duties of

a port service provider security officer;

(b) is given the training set out in the security plan for the

port service provider;

(c) is a suitable person to access and handle security

information; and

(d) has the authority to act on instructions received from

the designated authority.

A port service provider required to have a security plan

must give to the designated authority and to each relevant port

facility operator conducting operations within the port -

(a) contact details for the port service provider security

officer;

(b) the boundaries of the area under the control of the port

service provider;

(c) details of the vessels operated by the provider

including the name, identification number, type, date,

port of registry, and construction year of each vessel;

(d) the measures to be used by the port service provider to

inform persons of the location of any port security

zones established within the boundaries of the land

under the control of the port service provider; and

(e) the measures to confirm the identity of persons who

are authorised to have access to the land under the

control of the port service provider, to any port

security area established within the boundaries of that

land and to vessels operated by the provider.

Before approving any port facility security assessment or

plan and any amendments thereto, the designated authority may

consult with the Maritime Security Committee.

(1) The designated authority may designate any area

within a port facility, or any other area in a port as a port security

(2) Any designation under subregulation (1) may be revoked,

in whole or in part, or amended by the designated authority as the

case may be, by a notice in the Gazette.

(1) No person, other than an authorised person or a person

on official duties acting in accordance with subregulation (7), may

enter or remain in a port security area unless authorised by the

designated authority or the port facility operator.

(2) Every person in a port security area must, on the request of

an authorised person -

(a) state his or her name and address;

(b) state the purpose of his or her presence in the port

security area, and his or her authority to enter it; and

(c) produce satisfactory evidence of the correctness of his

or her stated name.

(3) If a person fails or refuses to provide an authorised person

with satisfactory evidence of his or her name when requested by the

authorised person, or if a person fails to satisfy the authorised

person that he or she is authorised to be there, the authorised person

may order that person to leave the port security area.

(4) An authorised person, and any person whom he or she calls

to his or her assistance, may use any force that is reasonably

necessary to remove from any port security area any person who

fails or refuses immediately to leave the port security area after

having been ordered by an authorised person to do so under

subregulation (3).

(5) A person who refuses to comply with subregulation (2) or

subregulation (3), and, after having been warned that he or she

commits an offence, persists in its commission, may be forcibly

detained by an authorised person, and in that case he or she must,

as soon as may be practicable, be delivered to a member of the

police

Provided that such powers shall be exercised solely if in the

opinion of the authorised person they are absolutely necessary for

the authorised person to take the detained person to the nearest

Police Station.

(6) A passenger or crew member embarking or disembarking

directly through gateways or thoroughfares in a port facility

approved for that purpose by the port facility operator is deemed to

be authorised by the designated authority to pass through any port

security area forming part of those gateways or thoroughfares.

(7) A person on official duties acting under a statutory power

to enter an area to carry out his or her statutory functions or duties -

(a) may enter a port security area; and

(b) if requested by an authorised person, must present his

or her warrant or certificate or proof of employment to

the authorised person.

(1) The Minister may, if necessary to improve or enhance

maritime security to enable Malta to be part of a concerted

international response to a threat to maritime security or if it is in

the national interest, direct in writing -

(a) to screen -

(i)

any person boarding a ship;

(ii)

any thing to be carried by a ship;

(iii)

any thing in a port security area; and

(iv)

any person including that person’s personal

effects or vehicle entering, or within, a port

security area; and

(b) if necessary, to undertake reasonable searches of -

(i)

any person boarding a ship; or

(ii)

any thing to be carried by a ship; or

(iii)

any thing in a port security area; or

(iv)

any person including that person’s personal

effects or vehicle entering, or within, a port

security area; or

(v)

any ship or class of ship; or

(vi)

any port facility or class of port facility.

(2)

The written notice must specify -

(a) which of the screenings under subregulation (1)(a) and

which of the searches under subregulation (1)(b) are

part of the Minister’s directive;

(b) the permitted extent of those screenings and searches;

and

(c) the duration of the direction.

(3) Before giving a direction under subregulation (1), the

Minister must, to determine whether the direction is necessary to

improve or enhance maritime security to enable Malta to be part of

a concerted international response to a threat to maritime security

or whether it is in the national interest, consult -

(a) the designated authority;

(b) the Maritime Security Committee; and

(c) as the Minister in each case considers appropriate,

representative groups in the maritime industry,

government departments and entities.

(1) The designated authority may, if it believes on

reasonable grounds that there is a risk of a security incident

occurring, direct -

(a) to screen -

(i)

any person boarding a ship;

(ii)

any thing to be carried by a ship;

(iii)

any thing in a port security area; and

(iv)

any person including that person’s personal

effects or vehicle entering, or within, a port

security area; and

(b) if necessary, to undertake reasonable searches of -

(i) any person boarding a ship; or

(ii) any thing to be carried by a ship; or

(iii) any thing in a port security area; or

(iv) any person including that person’s personal

effects or vehicle entering, or within, a port

security area; or

(v) any ship or class of ship; or

(vi) any port facility or class of port facility.

(2)

The written notice must specify -

(a) which of the screenings under subregulation (1)(a) and

which of the searches under subregulation (1)(b) are

part of the Authority’s directive;

(b) the permitted extent of those screenings and searches;

and

(c) the duration of the direction.

(3) Before giving a directive under subregulation (1), the

designated authority must, to determine whether the directive is

necessary to meet the risk of a security incident, consult, as the

designated authority in each case considers appropriate -

(a) the Maritime Security Committee; and

(b) representative groups in the maritime

industry,

government departments, and entities.

(4) If a search is conducted under a directive issued according

to this regulation, by an authorised person who is not a member of

the police, that authorised person may request to be accompanied

by a member of the police.

The Minister and the designated authority may by a written

notice revoke or extend a directive at any time.

(1) A person commits an offence and is liable, on

conviction, to the punishments contemplated in articles 41, 42 and

44 of the Ports and Shipping Act, if, without lawful authority or

reasonable excuse, or without the written permission of the ship

security officer (with respect to boarding a ship) or the port facility

security officer (with respect to entering a port security area),

intentionally takes, or attempts to take, on board a ship or into a

port security area -

(a) any firearm, or any other dangerous or offensive

weapon or instrument of any kind; or

(b) any ammunition; or

(c) an explosive, incendiary, biological, or chemical

substance or device, or any other injurious substance

or device of any kind, that could be used to endanger

the safety of -

(i)

the ship; or

(ii)

persons on board the ship; or

(iii)

the port security area; or

(iv)

persons in the port security area.

(2) A person who has obtained the written permission of a ship

security officer or a port facility security officer must, upon the

request of an authorised person, present the written permission to

that authorised person.

(3) To avoid doubt, a passenger or crew member may take an

item covered by subregulation (1) on board a ship without the

written permission of the port facility security officer if that

passenger or crew member has obtained the written permission of

that ship’s ship security officer.

(4) For the purposes of this regulation, firearm means any gun,

rifle, or pistol, whether acting by force of explosives or not; and

includes any gun, rifle, or pistol that -

(a) is not capable of discharging any shot, bullet, or other

missile, but that by its completion or by the

replacement of any component part or parts or by the

correction or repair of any defect or defects, would be

so capable; or

(b) is dismantled; or

(c) is an imitation or replica

Provided that a flare or other incendiary safety device is not

considered as a weapon if it is carried on board a ship as part of the

ship’s safety or signaling equipment.

(5) This regulation is without prejudice to the powers and

obligations laid down in articles 237 and 238 of the Code of Police

Laws.

(1) An authorised person and any person identified in a

port facility security plan may, if he believes on reasonable grounds

that there is a risk of a security incident occurring -

(a) screen, using a detector, an animal, or a mechanical or

electronic device or similar mechanism -

(i)

any person boarding a ship;

(ii)

any thing to be carried by a ship;

(iii)

any thing in a port security area; and

(iv)

any person (including that person’s personal

effects) or vehicle entering, or within, a port

security area;

(b) if necessary, undertake reasonable searches of -

(i)

any person boarding a ship;

(ii)

any thing to be carried by a ship;

(iii)

any thing in a port security area;

(iv)

any person (including that person’s personal

effects) or vehicle entering, or within, a port

security area;

(v)

any ship or class of ship; and

(vi)

any port facility or class of port facility specified

under these regulations.

(2)

A person exercising the power to screen or search under

subregulation (1) must, before the screening or search is conducted,

and on any subsequent request -

(a) provide evidence of his or her identity to the person to

be screened or searched; and

(b) inform the person to be screened or searched that the

screening or search is authorised under this regulation.

(3) To avoid doubt, things, personal effects, and vehicles may

be screened or searched without consent if they are unattended.

(4) Notwithstanding subregulations (1)(a)(ii) and (1)(b)(ii),

goods subject to the control of Customs may not be screened or

searched without the authorisation of the Comptroller of Customs.

(5) Subregulation (4) does not apply if the designated authority

has specified that security level 3 applies to the port security area

where the screening or searching is to be done.

(1) If a person authorised to screen or search detects an

item and has reasonable grounds to believe that such item may not

lawfully be taken on board a ship or into a port security area, that

person may seize such item for the purpose of determining whether

the item may lawfully be taken on board a ship or into a port

security area.

(2) If an item is seized under subregulation (1), such person

shall -

(a) make an inventory of the item; and

(b) make available to the owner or the person from whom

the item was seized a copy of the inventory.

(3) If it is determined that the item may lawfully be taken on

board a ship or into a port security area, as far as practicable, the

item shall be returned to the person from whom the item was

seized.

(4) If it is determined that the item may not lawfully be taken

on board a ship or into a port security area, the person from whom

the item was seized shall arrange for the item to be -

(a) taken off the ship; or

(b) taken out of the port security area; or

(c) taken off the ship and taken out of the port security

area.

(5)

Notwithstanding subregulation (4) -

(a) if there are reasonable grounds to believe that the

seized item poses and imminent risk to safety, the

authorised person shall -

(i) destroy or otherwise dispose of the item; or

(ii) deliver the item to the police;

(b) if the authorised person has reasonable grounds to

believe that the seized item may not be lawfully

possessed, the authorised person shall deliver the item

to the police.

(1) If a person refuses to consent to the screening or

searching of his or her person or baggage, that person may be

required to leave the ship or port security area or both.

(2) If a person required to leave refuses to leave, an authorised

person, and any one asked to assist him, may use any force that is

reasonably necessary to remove that person.

(3) A person who refuses to leave as required under

subregulation (1) and, after being warned that he or she commits an

offence by not leaving, persists in its commission -

(a) may be forcibly detained by an authorised person; and

(b) if detained, must be delivered to a member of the

police as soon as practicable

Provided that these powers shall be exercised solely if in

the opinion of the authorised person they are absolutely necessary

for the authorised person to take the detained person to the nearest

Police Station.

(4) If the person who refuses to consent is a passenger or a

crew member, a company or master may refuse to allow that

passenger or crew member to board that company’s ship.

(5) A company or master who refuses to carry a passenger who

refuses consent is not liable to any civil proceedings, other than a

proceeding in respect of any right that the passenger may have for

the recovery of the fare or part of the fare.

A member of the police may, without a warrant, search a

person and that person’s baggage, and may detain that person for

the purposes of that search, and may take possession of any item

which may not be lawfully taken on-board a vessel or into a port

security area found in the course of that search, if -

(a) a company or master refuses to carry a person who has

refused to consent to the searching of his or her person

or baggage; and

(b) the member of the police has reasonable grounds to

suspect that an offence against these regulations has

been, is being, or is likely to be, committed, whether

by that person or by any other person.

(1) An authorised person may, without a warrant, detain

any person in, or in the vicinity of, a port security area or on board

a ship if that authorised person has reasonable grounds to believe

that the person has committed, is committing, or about to commit

an offence against any of the provisions of these regulations.

(2) A person may, in good faith, assist an authorised person in

detaining any person if called upon to do so by that authorised

person.

(3) An authorised person who is not a member of the Police and

who detains any person under these regulations shall, without

delay, inform the Police of the fact of the arrest and shall exercise

such power only until it is strictly necessary for the Police to take

over custody of the person arrested.

(4) An authorised person exercising the power to detain under

subregulation (1) -shall -

(a) provide evidence of his or her identity to the person to

be detained;

(b) inform the person to be detained that such detention is

authorised under this regulation; and

(c) if not in uniform, provide evidence that he or she is an

authorised person to the person to be detained if that

person asks for it.

(5) An authorised person who detains a person and delivers him

or her to a member of the police, and any person who at his or her

request and in good faith assists an authorised person in doing so, is

justified in so detaining and delivering that person and in using any

force that may be reasonably necessary in doing so.

(6) Any police officer who exercises his powers to detain a

person without a warrant shall only exercise such powers until it is

strictly necessary for the police officer to convey the person

arrested to a police station and deliver him to a superior officer not

below the rank of sergeant.

(1) An authorised person while on duty may, at any time,

enter a port security area, or any building, vehicle, or place in any

part of a port security area, or any ship, for the purpose of

exercising and carrying out his or her powers, functions, and duties

under these regulations.

(2) If the police have taken command of any situation at a port

security area, the right of authorised persons to enter any part of the

port facility or any ship, building, or place is subject to the

limitations that the senior member of the police, not below the rank

of inspector, present at the port facility specifies.

(3) If a ship, building, vehicle, or place is not being used for

commercial purposes, subregulation (1) does not apply unless the

authorised person believes on reasonable grounds that a person is

likely to endanger the port security area or any of its facilities or

any person who is in that ship, building, vehicle or place.

(4) Unless otherwise allowed by law, an authorised person may

not enter a private building quarters, or a passenger cabin without -

(a) a search warrant; or

(b) the consent of the occupier of that dwelling house,

crew quarters, or passenger cabin.

(5) An authorised person exercising the power of entry under

subregulation (4) must, before the entry takes place, and on any

subsequent request -

(a) provide evidence of his or her identity to the occupier;

(b) inform the occupier that the entry is authorised under

this regulation; and

(c) if not in uniform, provide evidence that he or she is an

authorised person to the occupier if the occupier asks

for it.

Any master who fails to comply with any of the provisions

of these regulations commits an offence and is liable, upon

conviction, to the punishments contemplated in article 42 of the

Ports and Shipping Act.

Any port facility operator who fails to comply with these

regulations commits an offence, and is liable, upon conviction to a

fine (multa) not exceeding eleven thousand and six hundred and

forty-six euro and eighty-seven cents (€11,646.87), 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.

Where an offence under these regulations is committed by

a body or other association of persons, such body or association of

persons shall, on conviction, be liable to a fine (multa) of eleven

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

(€11,646.87), and in the case of a continuing offence, to a further

fine (multa) of 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) The provisions of these regulations establishing

offences and punishments in respect thereof shall be without

prejudice to any liability arising under any other law, and shall not

bar the infliction of further punishments contemplated by such

other law.

(2) In particular, such provisions referred to in subregulation

(1) shall not affect the application of any higher punishment under

any other law.

(1) The designated authority may, if it considers it

appropriate and on the conditions that it deems appropriate, exempt

any person, ship, or port facility from any requirement specified in

these regulations.

(2) The designated authority may not grant an exemption under

subregulation (1) unless it is satisfied in the circumstances that -

(a) the exemption will not breach Malta’s international

obligations under any maritime convention;

(b) one or more of the following applies -

(i)

the prescribed requirements have been

substantially complied with and that further

compliance is unnecessary; or

(ii) the action taken or provision made in respect of

the matter to which the prescribed requirements

relate is as effective or more effective than

actual compliance with the prescribed

requirements; or

(iii) the prescribed requirements are clearly

unreasonably or inappropriate in the particular

case; or

(iv)

events have occurred that make the prescribed

requirements unnecessary or inappropriate in the

particular case; and

(c) the risk to safety will not be significantly increased by

the granting of the exemption.

If the designated authority has reasonable cause to believe

that a security risk exists that may warrant the extension of these

regulations to a ship or port facility, to which these regulations do

not apply, to enhance ship or port security, the Authority may -

(a) conduct a security assessment of the port facility; or

(b) require a security assessment of the port facility to be

carried out.

PORTS SECURITY

First Schedule

Added by

L.N. 3 of 2008.

Port Security Assessment

1. The port security assessment is the basis for the port security plan and its

implementation. The port security assessment will cover at least

1.1. identification and evaluation of important assets and infrastructure which it

is important to protect;

1.2. identification of possible threats to the assets and infrastructure and the

likelihood of their occurrence, in order to establish and prioritise security measures;

1.3. identification, selection and prioritisation of counter-measures and

procedural changes and their level of effectiveness in reducing vulnerability; and

1.4. identification of weaknesses, including human factors in the infrastructure,

policies and procedures.

2. For this purpose the assessment will at least

2.1. identify all areas which are relevant to port security, thus also defining the

port boundaries. This includes port facilities which are already covered by

Regulation (EC) No 725/2004 and whose risk assessment will serve as a basis;

2.2. identify security issues deriving from the interface between port facility and

other port security measures<

2.3. identify which port personnel will be subject to background checks and, or

security vetting because of their involvement in high-risk areas;

2.4. subdivide, if useful, the port according to the likelihood of security

incidents. Areas will be judged not only upon their direct profile as a potential

target, but also upon their potential role of passage when neighbouring areas are

targeted;

2.5. identify risk variations, e.g. those based on seasonality;

2.6. identify the specific characteristics of each sub-area, such as location,

accesses, power supply, communication system, ownership and users and other

elements considered security-relevant;

2.7. identify potential threat scenarios for the port. The entire port or specific

parts of its infrastructure, cargo, baggage, people or transport equipment within the

port can be a direct target of an identified threat;

2.8. identify the specific consequences of a threat scenario. Consequences can

impact on one or more sub-areas. Both direct and indirect consequences will be

identified. Special attention will be given to the risk of human casualties;

2.9. identify the possibility of cluster effects of security incidents;

2.10. identify the vulnerabilities of each sub-area;

2.11. identify all organisational aspects relevant to overall port security, including

the division of all security-related authorities, existing rules and procedures;

2.12. identify vulnerabilities of the overarching port security related to

organisational, legislative and procedural aspects;

2.13. identify measures, procedures and actions aimed at reducing critical

vulnerabilities. Specific attention will be paid to the need for, and the means of,

access control or restrictions to the entire port or to specific parts of a port, including

identification of passengers, port employees or other workers, visitors and ship

PORTS SECURITY

crews, area or activity monitoring requirements, cargo and luggage control.

Measures, procedures and actions will be consistent with the perceived risk, which

may vary between port areas;

2.14. identify how measures, procedures and actions will be reinforced in the

event of an increase of security level;

2.15. identify specific requirements for dealing with established security

concerns, such as "suspect" cargo, luggage, bunker, provisions or persons, unknown

parcels, known dangers (e.g. bomb). These requirements will analyse desirability

conditions for either clearing the risk where it is encountered or after moving it to a

secure area;

2.16. identify measures, procedures and actions aimed at limiting and mitigating

consequences;

2.17. identify task divisions allowing for the appropriate

and

correct

implementation of the measures, procedures and actions identified;

2.18. pay specific attention, where appropriate, to the relationship with other

security plans (e.g. port facility security plans) and other existing security measures.

Attention will also be paid to the relationship with other response plans (e.g. oil spill

response plan, port contingency plan, medical intervention plan, nuclear disaster

plan, etc.);

2.19. identify communication requirements for implementation of the measures

and procedures;

2.20. pay specific attention to measures to protect security-sensitive information

from disclosure;

2.21. identify the need-to-know requirements of all those directly involved as well

as, where appropriate, the general public.

Second Schedule

Added by

L.N. 3 of 2008.

Port Security Plan

1. The port security plan sets out the port’s security arrangements. It will be

based on the findings of the port security assessment. It will clearly set out detailed

measures. It will contain a control mechanism allowing, where necessary, for

appropriate corrective measures to be taken.

2. The port security plan will be based on the following general aspects

2.1. defining all areas relevant to port security. Depending on the port security

assessment, measures, procedures and actions may vary from sub-area to sub-area.

Indeed, some sub areas may require stronger preventive measures than others.

Special attention will be paid to the interfaces between sub-areas, as identified in the

port security assessment;

2.2. ensuring coordination between security measures for areas with different

security characteristics;

2.3. providing, where necessary, for varying measures both with regard to

different parts of the port, changing security levels, and specific intelligence;

2.4. identifying an organisational structure supporting the enhancement of port

PORTS SECURITY

security.

3. Based on those general aspects, the port security plan will attribute tasks and

specify work plans in the following fields;

3.1. access requirements. For some areas, requirements will only enter into force

when security levels exceed minimal thresholds. All requirements and thresholds

will be comprehensively included in the port security plan;

3.2. ID, luggage and cargo control requirements. Requirements may or may not

apply to sub areas; requirements may or may not apply in full to different sub-areas.

Persons entering or within a sub-area may be liable to control. The port security plan

will appropriately respond to the findings of the port security assessment, which is

the tool by which the security requirements of each sub-area and at each security

level will be identified. When dedicated identification cards are developed for port

security purposes, clear procedures will be established for the issue, the use-control

and the return of such documents. Such procedures will take into account the

specificities of certain groups of port users allowing for dedicated measures in order

to limit the negative impact of access control requirements. Categories will at least

include seafarers, authority officials, people regularly working in or visiting the port,

residents living in the port and people occasionally working in or visiting the port;

3.3. liaison with cargo control, baggage and passenger control authorities. Where

necessary, the plan is to provide for the linking up of the information and clearance

systems of these authorities, including possible pre-arrival clearance systems;

3.4. procedures and measures for dealing with suspect cargo, luggage, bunker,

provisions or persons, including identification of a secure area; as well as for other

security concerns and breaches of port security;

3.5. monitoring requirements for sub-areas or activities within sub-areas. Both

the need for technical solutions and the solutions themselves will be derived from

the port security assessment;

3.6. signposting. Areas with access and#or control requirements will be properly

signposted. Control and access requirements will appropriately take into account all

relevant existing law and practices. Monitoring of activities will be appropriately

indicated if national legislation so requires;

3.7. communication and security clearance. All relevant security information

will be properly communicated according to security clearance standards included in

the plan. In view of the sensitivity of some information, communication will be

based on a need-to-know basis, but it will include where necessary procedures for

communications addressed to the general public. Security clearance standards will

form part of the plan and are aimed at protecting security sensitive information

against unauthorised disclosure;

3.8. reporting of security incidents. With a view to ensuring a rapid response, the

port security plan will set out clear reporting requirements to the port security officer

of all security incidents and, or to the port security authority;

3.9. integration with other preventive plans or activities. The plan will

specifically deal with integration with other preventive and control activities in force

in the port;

3.10. integration with other response plans and, or inclusion of specific response

measures, procedures and actions. The plan will detail interaction and coordination

w it h o th e r r e s p on s e a n d e m e rg e nc y p l a n s . W h e r e n e c e s s a r y c on f l icts and

shortcomings will be resolved;

3.11. training and exercise requirements;

PORTS SECURITY

3.12. operational port security organisation and working procedures. The port

security plan will detail the port security organisation, its task division and working

procedures. It will also detail the coordination with port facility and ship security

officers, where appropriate. It will delineate the tasks of the port security committee,

if this exists;

3.13. procedures for adapting and updating the port security plan.

Third Schedule

Added by

L.N. 3 of 2008.

Basic Security Training Exercise Requirements

Various types of training exercises which may involve participation of port facility

security officers, in conjunction with the relevant authorities of Member States,

company security officers, or ship security officers, if available, will be carried out

at least once during each calendar year with no more than 18 months elapsing

between the training exercises. Requests for the participation of company security

officers or ships security officers in joint training exercises will be made bearing in

mind the security and work implications for the ship. These training exercises will

test communication, coordination, resource availability and response. These training

exercises may be

(1)

full scale or live;

(2)

tabletop simulation or seminar; or

(3) combined with other exercises held such as emergency response or other

port State authority exercises.

Fourth Schedule

Added by

L.N. 3 of 2008.

Conditions to be fulfilled by a recognised security

organisation

1. A recognised security organisation will be able to demonstrate

1.1. expertise in relevant aspects of port security;

1.2. an appropriate knowledge of port operations, including knowledge of port

design and construction;

1.3. an appropriate knowledge of other security relevant operations potentially

affecting port security;

1.4. the capability to assess the likely port security risks;

1.5. the ability to maintain and improve the port security expertise of its

personnel;

1.6. the ability to monitor the continuing trustworthiness of its personnel;

1.7. the ability to maintain appropriate measures to avoid unauthorised

disclosure of, or access to, security-sensitive material;

PORTS SECURITY

1.8. knowledge of relevant national and international legislation and security

requirements;

1.9. knowledge of current security threats and patterns;

1.10. the ability to recognise and detect weapons, dangerous substances and

devices;

1.11. the ability to recognise, on a non-discriminatory basis, characteristics and

behavioural patterns of persons who are likely to threaten port security;

1.12. knowledge of techniques used to circumvent security measures;

1.13. knowledge of security and surveillance equipment and systems and their

operational limitations.

2. A recognised security organisation which has made a port security

assessment or review of such an assessment for a port is not allowed to establish or

review the port security plan for the same port.

Fifth Schedule

Added by

L.N. 329 of 2012.

(Regulation 20)

SHIP PRE-ARRIVAL SECURITY INFORMATION FORM FOR

ALL SHIPS PRIOR TO ENTRY INTO THE PORT OF AN EU MEMBER STATE

(1974 International Convention for the Safety of Life at Sea (SOLAS) Regulation

9 of Chapter XI-2 and Article 6(3) of Regulation (EC) No 725/2004)

Particulars of the ship and contact details.

IMO number

Name of ship

Port of registry

Flag State

Type of ship

Call sign

Gross tonnage

Inmarsat call numbers (if

available)

Name of company and

CSO name and 24 hour

company

contact details

identification number

Port of arrival

Port facility of arrival (if

known)

Port and port facility information.

Expected date and time of arrival of

the ship in port (ETA)

Primary purpose of call

Information required by SOLAS Regulation 9.2.1 of Chapter XI-2.

PORTS SECURITY

Does the ship have a valid

YES

ISSC

NO – why not?

Issued by (name of

Expiry

International Ship Security

Administration or

date

Certificate (ISSC)?

RSO)

(dd/mm/

yyyy)

Does the ship have an

YES

NO

Security Level at

Security

Security

Security

approved SSP on board?

which the ship is

Level 1

Level 2

Level 3

currently

operating

Location of ship at the time the

report is made

List the last 10 calls at port facilities in chronological order (most recent call first)

UN/

Date from

Date to

LOCODE

Port

Security

No

Port

Country

(dd/mm/

(dd/mm/

(if

facility

Level

yyyy)

yyyy)

available)

SL =

SL =

SL =

SL =

SL =

SL =

SL =

SL =

SL =

SL =

Did the ship take any special or additional security measures, beyond those in the

YES

NO

approved SSP? If the answer is YES, indicate below the special or additional security

measures taken by the ship.

No

Special or additional security measures taken by the ship.

(as

above)

List the ship-to-ship activities, in chronological order (most recent first), which were carried out during the

last 10 calls at port facilities listed above. Expand table below or continue on separate page if necessary –

insert total number of ship-to-ship activities

Were the ship security procedures specified in the approved SSP maintained during each

YES

NO

of these ship-to-ship activities?

If NO, provide details of the security measures applied in lieu in the final column below.

PORTS SECURITY

No

Date from

Date to

Location or

Ship-to-ship

Security measures

(dd/mm/

(dd/mm/

longitude and

activity

applied in lieu

yyyy)

yyyy)

latitude

General description of the cargo aboard

the ship.

YES

NO

If YES, confirm

Is the ship carrying any dangerous substances as cargo

covered by any of Classes 1, 2.1, 2.3, 3, 4.1, 5.1, 6.1, 6.2, 7

Dangerous Goods

or 8 of the IMDG Code?

Manifest (or relevant

extract) is attached.

Confirm a copy of the ship’s crew list is attached.

Confirm a copy of the

YES

YES

ship’s passenger is

attached.

Other security-related information.

Is there any security-related matter you

YES

Provide details

NO

wish to report?

Agent of ship at intended port of arrival.

Name

Contact details (Tel. No)

Identification of person providing the information.

Title or Position (delete as appropriate)

Name

Signature

Master/SSO/CSO/Ship’s agent (as

above)

Date/time/place of completion of report

PORTS SECURITY

Sixth Schedule

Added by

L.N. 104 of 2023.

Ports and their Boundaries

(Regulation 2)

The Grand Harbour, Valletta, Malta

Port of Marsaxlokk, Malta

Port of Ċirkewwa, Malta

Port of Mġarr, Gozo

PORTS SECURITY

The Grand Harbour, Valletta, Malta



PORTS SECURITY

Port of Marsaxlokk, Malta

PORTS SECURITY

Port of Ċirkewwa, Malta



PORTS SECURITY

Port of Mġarr, Gozo