TALLYING OF GOODS REGULATIONS

TALLYING OF GOODS

SUBSIDIARY LEGISLATION 499.05

TALLYING OF GOODS REGULATIONS

1st June, 2010

LEGAL NOTICE 307 of 2010.

The title of these regulations is the Tallying of Goods

Regulations.

In these regulations, unless the context otherwise requires -

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

established under the Authority for Transport in Malta Act, and

includes any officer of the Authority authorised in writing by the

said Authority to act on its behalf;

"the Comptroller of Customs" includes any officer of the

Customs Department authorised in writing by the said Comptroller

to act on his behalf;

"the Minister" means the Minister responsible for ports;

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

recognised by the Authority as the person responsible for the

discharge and loading of goods from or to a ship.

The terminal operator is responsible to ensure that no

goods are discharged from or loaded on a ship unless such goods

are tallied by him or under his instructions in accordance with the

provisions of these regulations

Provided that this regulation shall not apply to

(a) ship stores, equipment, fittings and furniture

discharged from or loaded on to a ship on which such

stores, equipment, fittings or furniture have been or

may be used;

(b) goods carried between the islands of Malta, Gozo and

Comino;

(c) goods carried in bulk;

(d) live animals;

(e) fish discharged from or loaded on fishing vessels; or

(f)

any other type of goods which the Minister may

exempt from tallying.

The Comptroller of Customs or the Authority may require

any terminal operator taking or causing to be taken a tally of goods

under the provisions of these regulations to produce signed copies

of tally sheets in respect of any goods which such terminal operator

discharged or loaded or caused to be discharged or loaded from or

on to a ship and such copies shall, for the purposes of the Customs

Ordinance, the Ports and Shipping Act, and the Authority for

Transport in Malta Act, be deemed to be declarations in respect of

the quantity and nature of goods discharged from or loaded on to

TALLYING OF GOODS

such ship.

The Authority shall have the right to demand such

statistical information in respect of the goods tallied from the

terminal operator in such format as the Authority may from time to

time prescribe.

Any person or terminal operator who contravenes any of

the provisions of these regulations shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) of not less than two

hundred euro (€200) but not exceeding two thousand euro (€2,000).

Proceedings for an offence against these regulations shall

be taken before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.