PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS REGULATIONS

THE DELIVERY OF WASTE FROM SHIPS

SUBSIDIARY LEGISLATION 499.71

PORT RECEPTION FACILITIES FOR THE

DELIVERY OF WASTE FROM SHIPS

REGULATIONS

28 th June, 2021

LEGAL NOTICE 327 of 2021.

The title of these regulations is the Port Reception

Facilities for the Delivery of Waste from Ships Regulations.

REQUIREMENTS FOR WASTE RECEPTION AND HANDLING PLANS

(as referred to in regulation 6)

1. Waste reception and handling plans shall cover all types of waste

originating from ships normally visiting the port or terminal and shall be developed

according to the size of the port or terminal and the types of ships calling at that port or

2. Waste reception and handling plans shall address the following elements, in

(a)

an assessment of the need for port reception facilities, in light of the

need of the ships normally visiting the port or terminal;

(b)

a description of the type and capacity of port reception facilities;

(c)

a description of the procedures for the reception and collection of

waste from ships;

(d)

a description of the cost recovery system;

(e)

a description of the procedure for reporting alleged inadequacies of

port reception facilities;

(f)

a description of the procedure for ongoing consultations with port or

terminal users, authorised waste management undertakings and contractors,

terminal operators and other interested parties; and

(g)

an overview of the type and quantities of waste received from ships

and handled in the facilities.

3. In addition, waste reception and handling plans should include

(a)

a summary of the relevant national legislation and the procedure and

formalities for the delivery of the waste to port facilities;

(b)

an identification of a point of contact to be responsible for the

implementation of the waste reception and handling plan;

(c)

a description of the pre-treatment equipment and process for specific

waste streams in the port or terminal, if any;

(d)

a description of methods for recording the actual use of the port

reception facilities;

(e)

a description of methods for recording the amounts waste delivered

from ships received; and

(f)

a description of methods for managing the different waste streams in

the port or terminal.

THE DELIVERY OF WASTE FROM SHIPS

The procedures for reception, collection, storage, treatment and disposal of

waste should conform in all respects to an environmental management scheme suitable

for the progressive reduction of the environmental impact of these activities. Such

conformity shall be presumed if the procedures are in compliance with Regulation (EC)

No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on

the voluntary participation by organisations in a Community eco-management and audit

scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions

2001/681/EC and 2006/193/EC.

4. Waste reception and handling plans shall also comply with the provisions

of regulation 6(3).

THE DELIVERY OF WASTE FROM SHIPS

(1)

These regulations bring into effect the provisions

of Directive (EU) 2019/883 of the European Parliament and of the

Council of 17 April 2019 on port reception facilities for the delivery of

waste from ships, amending Directive 2010/65/EU and repealing

Directive 2000/59/EC.

(2)

This Directive, as transposed, aims to protect the marine

environment against the negative effects from discharges of waste

from ships using ports located in the Union, while ensuring the smooth

operation of maritime traffic, by improving the availability and use of

adequate port reception facilities and delivery of waste to those

facilities.

STANDARD FORMAT OF THE ADVANCE NOTIFICATION FORM FOR

WASTE DELIVERY TO PORT RECEPTION FACILITIES

(as referred to in regulation 7)

Notification of the delivery of waste to:_________________________ (enter

name of port of call, as referred to in Article 6 of Directive (EU) 2019/883, as transposed

by the Port Reception Facilities for the Delivery of Waste from Ships Regulations (S.L.

499.71)

This form should be retained on board the ship along with the appropriate Oil

Record Book, Cargo Record Book, Garbage Record Book or Garbage Management Plan

as required by the MARPOL Convention.

1. SHIP PARTICULARS

1.1

Name of ship

1.5

Owner or operator

1.2

IMO number

1.6

Distinctive number or letters

MMSI (Maritime Mobile Service Identity)

number

1.3

Gross tonnage

1.7

Flag State

1.4

Type of ship

o Oil tanker

o Chemical tanker

o Bulk carrier

o Container ship

o Other cargo ship

o Passenger ship

o Ro-Ro

o Other (specify)

2. PORT AND VOYAGE PARTICULARS

2.1

Location/terminal name

2.6

Last port where waste was delivered

2.2

Arrival date and time

2.7

Date of last delivery

2.3

Departure date and time

2.8

Next port of delivery

2.4

Last port and country

2.9

Person submitting this form (if other

than the Master)

2.5

Next port and country (if known)

THE DELIVERY OF WASTE FROM SHIPS

3. TYPE AND AMOUNT OF WASTE AND STORAGE CAPACITY

Estimated

Maximum

amount of waste

Waste to

Amount of

Port at which

dedicated

to be generated

be

waste

remaining

storage

between

Type

delivered

retained on

waste will be

capacity

notification and

(m 3 )

board (m 3 )

delivered

(m 3 )

next port of call

(m 3 )

MARPOL Annex I – OIL

Oily bilge water

Oily residues

(sludge)

Oily tank

washings

Dirty ballast

water

Scale and sludge

from tank

cleaning

Other (please

specify)

MARPOL Annex II – NOXIOUS LIQUID SUBSTANCES (NLS) (1)

Category X

substance

Category Y

substance

Category Z

substance

OS – other

substances

MARPOL Annex IV – SEWAGE

MARPOL Annex V – GARBAGE

A. Plastics

B. Food waste

C. Domestic

waste (e.g. paper

products, rags,

glass, metal,

bottles, crockery,

etc.)

D. Cooking oil

E. Incinerator

ashes

THE DELIVERY OF WASTE FROM SHIPS

F. Operational

wastes

G. Animal

carcass(es)

H. Fishing gear

I. E-waste

J. Cargo residues

(2) (Harmful to

the Marine

Environment –

HME)

K. Cargo

residues (3)

(non-HME)

MARPOL Annex VI – AIR POLLUTION related

Ozone- depleting

substances and

equipment

containing such

substances (4)

Exhaust gas

cleaning residues

Other waste, not covered by MARPOL

Passively fished

waste

.

1. Indicate the proper shipping name of the NLS involved.

.

2. May be estimates. Indicate the proper shipping name of the dry cargo.

.

3. May be estimates. Indicate the proper shipping name of the dry cargo.

.

4. Arising from normal maintenance activities on board.

Notes

1. This information may be used for port State control and other inspection

purposes.

2. This form is to be completed unless the ship is covered by an exemption in

accordance with Article 9 of Directive (EU) 2019/883 as transposed by regulation 10 of

the Port Reception Facilities for the Delivery of Waste from Ships Regulations (S.L.

499.71).

THE DELIVERY OF WASTE FROM SHIPS

(1)

In these regulations, unless the context otherwise

requires

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

"appropriate inspector" shall mean any officer representing the

Authority and appointed in accordance with the provisions of the Act

to carry out inspections in terms of these regulations;

"authorised port reception facility" shall mean a port waste

reception facility that holds a valid permit issued under the Waste

Regulations, made under the Environment Protection Act, and an

authorisation to operate in a port or terminal by the Authority;

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

established in terms of article 5 of the Act;

"cargo residues" means the remnants of any cargo material on

board which remains on the deck or in holds or tanks following

loading and unloading, including loading and unloading excess or

spillage, whether in wet or dry condition or entrained in wash-water,

but excluding cargo dust remaining on deck after sweeping or dust of

the external surfaces of the ship;

"Directive 2006/66/EC" means Directive 2006/66/EC of the

European Parliament and of the Council of 6 September 2006 on

batteries and accumulators and waste batteries and accumulators and

THE DELIVERY OF WASTE FROM SHIPS

repealing Directive 91/157/EEC;

"Directive 2008/98/EC" means Directive 2008/98/EC of the

European Parliament and of the Council of 19 November 2008 on

waste;

"Directive 2012/19/EU" means Directive 2012/19/EU of the

European Parliament and of the Council of 4 July 2012 on waste

electrical and electronic equipment (WEEE);

"fishing vessel" means any ship equipped or used commercially

for catching fish or other living resources from the sea;

"frequent port calls" means visits by a ship to the same port

taking place at least once a fortnight;

"GISIS" means the Global Integrated Shipping Information

System set up by the IMO;

"indirect fee" means a fee paid for the provision of port reception

facility services, irrespective of the actual delivery of waste from ships;

"internal waters" shall have the same meaning as assigned to it in

the Act;

"MARPOL Convention" means the International Convention for

the Prevention of Pollution from Ships, in its up-to-date version;

"passively fished waste" means waste collected in nets during

fishing operations;

"port" means a place or a geographical area made up of such

improvement works and equipment designed principally to permit the

reception of ships, including the anchorage area within the jurisdiction

of the port;

"port reception facility" means any facility which is fixed,

floating or mobile and capable of providing the service of receiving the

waste from ships;

"recreational craft" means a ship of any type, with a hull length

of 2.5 metres or more, regardless of the means of propulsion, intended

for sports or leisure purposes, and not engaged in trade;

"regular port calls" means repeated voyages of the same ship

forming a constant pattern between identified ports or a series of

voyages from and to the same port without intermediate calls;

"Regulation (EC) No 1069/2029" means Regulation (EC) No

1069/2009 of the European Parliament and of the Council of 21

October 2009 laying down health rules as regards animal by-products

THE DELIVERY OF WASTE FROM SHIPS

and derived products not intended for human consumption and

repealing Regulation (EC) No 1774/2002 (Animal by-products

Regulation);

"Regulation (EU) 2017/352" means Regulation (EU) 2017/352

of the European Parliament and of the Council of 15 February 2017

establishing a framework for the provision of port services and

common rules on the financial transparency of ports;

"SafeSeaNet" means the Union Maritime Information and

Exchange System established by Directive 2002/59/EC, as transposed

and implemented through the Vessel Traffic Monitoring and Reporting

Requirements Regulations, and through which the electronic

notifications and reporting obligations of these regulations, and on the

basis of regulation 21, shall be made;

"scheduled traffic" means traffic based on a published or

planned list of times of departures and arrivals between identified

ports or recurrent crossings that constitute a recognised schedule;

"ship" means a sea-going vessel of any type whatsoever

operating in the marine environment, including fishing vessels,

recreational craft, hydrofoil boats, air-cushion vehicles, submersibles

and floating craft;

"sufficient storage capacity" means enough capacity to store the

waste on board the ship from the moment of departure until the next

port of call, including the waste that is likely to be generated during

the voyage;

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

docked to obtain services such as handling of cargo or passengers,

repairs, waste removal, bunkering, laid-up and any other services

related to ships and maritime activities, including marinas;

"territorial waters" means the waters described in article 3(1) of

the Territorial Waters and Contiguous Zone Act and includes any waters

enclosed between the base lines therein mentioned and the coast;

"treatment" means recovery or disposal operations, including

preparation prior to recovery or disposal; and

"waste from ships" means all waste, including cargo residues,

which is generated during the service of a ship or during loading,

unloading and cleaning operations and which falls within the scope of

Annexes I, II, IV, V and VI to the MARPOL Convention, as well as

passively fished waste.

(2)

Without prejudice to the above definition of "waste from

ships", such shall be considered to be waste within the meaning of

point 1 of Article 3 of Directive 2008/98/EC.

THE DELIVERY OF WASTE FROM SHIPS

(3)

For the purposes of these regulations, the competent

authority in Malta shall be the Authority for Transport in Malta, and in

respect of any other State the authority designated as such by the

respective Government.

STANDARD FORMAT FOR THE WASTE DELIVERY RECEIPT

(as referred to in regulation 8)

The designated representative of the authorised port reception facility provider

shall provide the following form to the Master of a ship that has delivered waste in

accordance with Article 7 of Directive (EU) 2019/883, as transposed by the Port

Reception Facilities for the Delivery of Waste from Ships Regulations (S.L. 499.71)

This form should be retained on board the ship along with the appropriate Oil

Record Book, Cargo Record Book, Garbage Record Book or Garbage Management Plan

as required by the MARPOL Convention.

1. PORT RECEPTION FACILITY AND PORT PARTICULARS

1.1

Location/terminal name

1.2

Port reception facility provider(s)

1.3

Treatment facility provider(s) – if different from above

1.4

Waste delivery date and time from:to

2. SHIP PARTICULARS

2.1

Name of ship

2.5

Owner or operator

2.2

IMO number

2.6

Distinctive number or letters

MMSI (Maritime Mobile Service Identity

number

2.3

Gross tonnage

2.7

Flag State

2.4

Type of ship

o Oil tanker

o Chemical tanker

o Bulk carrier

o Container ship

o Other cargo ship

o Passenger ship

o Ro-Ro

o Other (specify)

3. TYPE AND AMOUNT OF WASTE RECEIVED

MARPOL Annex I –

MARPOL Annex V –

Quantity (m 3 )

Quantity (m 3 )

OIL

GARBAGE

Oily bilge water

A. Plastics

Oily residues (sludge)

B. Food waste

C. Domestic waste

(e.g. paper products,

Oily tank washings

rags, glass, metal,

bottles, crockery, etc.)

Dirty ballast water

D. Cooking oil

Scale and sludge from

E. Incinerator ashes

tank cleaning

THE DELIVERY OF WASTE FROM SHIPS

Other (please specify)

F. Operational waste

G. Animal carcass(es)

H. Fishing gear

I. E-waste

J. Cargo residues (1)

(Harmful to the Marine

Environment – HME)

K. Cargo residues ( 1 )

(non-HME)

MARPOL Annex II –

MARPOL Annex VI –

Quantity (m 3 )

Quantity (m 3 )

NOXIOUS LIQUID

AIR POLLUTION

/ name (2)

SUBSTANCES (NLS)

related

Ozone-depleting

substances and

Category X substance

equipment containing

such substances

Exhaust gas-cleaning

Category Y substance

residues

Category Z substance

OS – other substance

MARPOL Annex IV –

Other waste, not

Quantity (m 3 )

Quantity (m 3 )

SEWAGE

covered by MARPOL

Passively fished waste

.

1. Indicate the proper shipping name of the dry cargo.

.

2. Indicate the proper shipping name of the NLS involved.

THE DELIVERY OF WASTE FROM SHIPS

(1)

These regulations shall apply to any port or

terminal within a port in Malta normally visited by ships falling within

the scope of sub-regulation (2).

(2)

These regulations shall apply to all ships, irrespective of

their flag, calling at, or operating within, any port or terminal in Malta,

with the exception of

(a)

ships engaged in port services within the meaning

of Article 1(2) of Regulation (EU) 2017/352; and

(b)

warships, naval auxiliaries or other ships owned or

operated by a State and used, for the time being, only on a

government non-commercial service

Provided that such excepted ships still have the general

obligation not to cause pollution and to protect the marine

environment; and therefore they shall always deliver their waste in a

separated manner and use the appropriate port reception facilities in

place, and pay the applicable expenses for such use. These ships shall

be subject to any necessary inspections and action in terms of law by

the Authority.

(3)

In order to avoid undue delay to ships, the Authority may

exclude the anchorage areas falling under the jurisdiction of a port from

the application of regulations 7, 8 and 9.

(4)

These regulations shall apply without prejudice to any

regulations issued under the Environment Protection Act, in particular

the Waste Regulations.

EXEMPTION CERTIFICATE PURSUANT TO ARTICLE 9 IN RELATION TO

THE REQUIREMENTS UNDER ARTICLE 6, ARTICLE 7(1) AND ARTICLE 8

OF DIRECTIVE (EU) 2019/883, AS TRANSPOSED BY THE PORT RECEPTION

FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS REGULATIONS

S.L. 499.30), AT THE PORT[S] OF [INSERT PORT] IN [INSERT MEMBER

STATE] *

(as referred to in regulation 10)

Name of ship [insert name of ship]

Distinctive number or letters [insert IMO number]

Flag State [insert name of the Flag State]

is in scheduled traffic with frequent and regular port calls at the following port(s)

located in [insert name of the Member State] according to a schedule or predetermined

route

[]

and calls at these ports at least once a fortnight

[]

and has made an arrangement to ensure the payment of the fees and the delivery of

waste to the port or a third party at the port of

[]

and is thus exempted, in accordance with [insert relevant provision in national

legislation of the country], [from the requirements on

[]

mandatory delivery waste from ships,

[]

the advance waste notification, and

[]

the payment of the mandatory fee, at the following port(s):]

This certificate is valid until [insert date], unless the grounds for issuing the

certificate are changed before that date.

Place and date

Name Title

* Delete if not appropriate.

(1)

The port or terminal operator shall ensure that

adequate authorised port reception facilities be available to meet the

needs of ships normally using the port or terminal in question without

causing undue delay to ships.

(2)

In sub-regulation (1) "adequate" means

(a)

capable of receiving the types and quantities of

waste from ships normally using that port or terminal taking into

account

(i)

the operational needs of the users of the port

or terminal;

(ii)

the size and geographical location of the

THE DELIVERY OF WASTE FROM SHIPS

port or terminal;

(iii) the types of ships calling at that port or

terminal; and

(iv) any

exemptions

provided

for

under

regulation 10;

(b)

ensuring that the formalities and practical

arrangements in place relating to the use of the port reception

facilities are simple and expeditious to avoid undue delay to

ships;

(c)

ensuring that the fees charged for the delivery of

waste do not create a disincentive for ships to use the port

reception facilities; and

(d)

capable of managing the waste from ships in an

environmentally sound manner in accordance with Directive

2008/98/EC and any other relevant Union and national waste

law

Provided that the operator of the port or terminal shall

ensure separate collection to facilitate reuse and recycling of waste

from ships calling such port or terminal as required under Union waste

law, in particular Directive 2006/66/EC, Directive 2008/98/EC and

Directive 2012/19/EU;

Provided further that in order to facilitate this process,

the operator of the port or the terminal may collect the separate waste

fractions in accordance with waste categories defined in the MARPOL

Convention, taking into account the guidelines thereof;

Provided further that the measures in this sub-paragraph

shall apply without prejudice to the more stringent requirements

imposed by Regulation (EC) No 1069/2009.

(3)

A port or terminal operator may, in discharging his duties

under sub-regulation (1), join with any other person in providing the

port reception facilities, and references in these regulations to the

provision of such facilities by the port or terminal operator shall be

construed accordingly; and any such power shall also include the

power to arrange for the provision of such port reception facilities by

any other person.

(4)

The port or terminal operator shall ensure that waste

delivery or reception operations are carried out with sufficient safety

measures to avert risks to persons and to the environment at the

respective port or terminal. Appropriate inspections to ensure

compliance shall be carried out by the Authority and the competent

national authorities responsible for occupational health and safety and

THE DELIVERY OF WASTE FROM SHIPS

the environment respectively.

(5)

The Authority shall investigate all reported cases of

alleged inadequacies regarding port reception facilities that are

received, and shall use the IMO forms and procedures to notify the

IMO and the reporting Flag State of the outcome of the investigation.

(6)

Any party involved in the delivery or reception of waste

from ships can claim compensation in terms of law and the applicable

legal proceedings for any damage caused by undue delay.

(1)

A port or terminal operator shall prepare and keep

updated, following ongoing consultations with all stakeholders, a waste

reception and handling plan with respect to the provision and the use of

port reception facilities.

(2)

A waste reception and handling plan prepared under this

regulation shall comply with the detailed requirements in the First

Schedule.

(3)

A port or terminal operator shall ensure that the following

information from the waste reception and handling plan, dealing with

the availability of adequate port reception facilities in the respective

port or terminal and the structure of costs, is clearly communicated to

the ship operators, is made publicly available and is easily accessible,

in the English language and, if deemed appropriate, also in the Maltese

language

(a)

the location of the port reception facilities

applicable to each berth, and where relevant, their opening

hours;

(b)

a list of waste from ships normally managed by

such port or terminal;

(c)

the list of contact points, of the port reception

facility operators and of the services provided;

(d)

a description of the procedures for the delivery of

the waste; and

(e)

a description of the cost recovery system,

including waste management schemes and funds as advised by

the Authority from to time, where applicable.

All the information referred to in this sub-regulation shall be

made available electronically and kept up-to-date by the port or

terminal operator; and shall be communicated from time to time to the

Authority. The Authority shall keep this information up-to-date in

SafeSeaNet.

THE DELIVERY OF WASTE FROM SHIPS

(4)

Where required for reasons of efficiency and following

approval by the Authority, the waste reception and handling plans may

be developed jointly by two or more neighbouring port or terminal

operators in the same geographical area, with the appropriate

involvement of each port or terminal operator concerned, provided that

the need for and availability of port reception facilities are specified

for each port or terminal.

(5)

Subject to sub-regulation (7), a port or terminal operator

shall submit his updated waste reception and handling plan to the

Authority for approval in accordance with sub-regulation (1) within

six months from the coming into force of these regulations.

(6)

A port operator for a new port, or a terminal operator for

a new terminal, shall submit a waste reception and handling plan to the

Authority for approval in accordance with sub-regulation (1), within

three months from the first day of operation of the port or terminal.

(7)

A port or terminal operator shall submit subsequent

waste reception and handling plans to the Authority for approval in

accordance with sub-regulation (1)

(a)

within nine months of any significant change to

the operation of the port or terminal since the most recent waste

reception and handling plan was approved by the Authority

pursuant to sub-regulation (10) or prepared by him pursuant to

sub-regulation (8); or

(b)

not later than five years after the most recent plan

was approved by the Authority pursuant to sub-regulation (9) or

prepared by him pursuant to sub-regulation (8), whichever is

the sooner

Provided that where during the previous five-year period

no significant changes have taken place, the reapproval by the

Authority may consist of a validation of the existing plan.

(8)

If the Authority is satisfied that a person who is required

to prepare a waste reception and handling plan is not taking any steps

necessary in connection with the preparation of this plan, the Authority

may, in consultation with the competent authority nominated by the

Minister responsible for the environment under the Environment

Protection Act, prepare such a plan.

(9)

The Authority may, in consultation with the competent

authority nominated by the Minister responsible for the environment

under the Environment Protection Act, either approve the reception

and handling management plan or request modifications thereto and a

modified plan to be submitted within a date as directed by the

Authority.

THE DELIVERY OF WASTE FROM SHIPS

(10) A waste reception and handling plan that has been

approved by the Authority pursuant to sub-regulation (9) or prepared

by the Authority pursuant to sub-regulation (8) shall be implemented

by the port or the terminal operator for the port or terminal to which the

plan relates.

(11) The Authority shall monitor the implementation of the

waste reception and handling plan; and may direct a port or terminal

operator to take such steps as are required and specified for the purpose

of ensuring the correct implementation of the waste reception and

handling plan.

(12) The Authority may exempt the operators of small non-

commercial ports, or terminals within such ports, characterised by rare

or low traffic from recreational craft only, from the requirements of the

previous sub-regulations

(a)

if their port reception facilities are integrated in the

waste handling system managed by or on behalf of the relevant

port or terminal or the Authority; and

(b)

the information regarding the waste management

system in place is made available to the users of such ports and

terminals.

The Authority shall notify the name and location of such ports or

terminals electronically in SafeSeaNet.

(1)

The Master, operator or agent of a ship falling

within the scope of the Vessel Traffic Monitoring and Reporting

Requirements Regulations, bound for a port or terminal, shall complete

truthfully and accurately in full the advance waste notification form in

the Second Schedule and notify that information to the Authority

(a)

at least 24 hours prior to arrival, if the port of call

is known; or

(b)

as soon as the port of call is known, if this

information is available less than 24 hours prior to arrival; or

(c)

at the latest upon departure from the previous port,

if the duration of the voyage is less than 24 hours.

(2)

It shall be the duty of the Master, operator or the agent of

a ship to communicate also such information to the port or terminal

operator at which the ship will be calling and to request for the

authorised port reception facility.

(3)

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

made available upon request to the Authority; and shall be available on

board, preferably in electronic form, at least until the next port of call.

THE DELIVERY OF WASTE FROM SHIPS

(4)

The advance waste notification and reporting formality

obligation required in accordance with the provisions of these

regulations shall be reported electronically in SafeSeaNet; and shall be

subject to the provisions of the Vessel Traffic Monitoring and

Reporting Requirements Regulations.

(5)

The Authority shall ensure that the information that is

notified and reported in terms of this regulation is examined and

shared with the relevant enforcement authorities without delay.

(1)

The Master of a ship calling at a port or terminal

shall, before leaving the port or terminal, deliver all waste to an

authorised port reception facility in accordance with the relevant

discharge norms laid down in the MARPOL Convention.

(2)

Upon delivery, the operator of the authorised port

reception facility or of the port or terminal where the waste was

delivered shall complete truthfully and accurately in full the waste

delivery receipt form set out in the Third Schedule and shall issue and

provide, without undue delay, such waste delivery receipt to the

Master of the ship

Provided that, the obligation to issue a waste delivery

receipt shall not apply in small ports or terminals with unmanned

facilities or are remotely located, subject that the Authority has

notified the name and location of such ports and terminals

electronically SafeSeaNet.

(3)

The Master, operator or agent of a ship falling within the

scope of the Vessel Traffic Monitoring and Reporting Requirements

Regulations shall, before departure or as soon as the waste delivery

receipt has been received, electronically report the information

contained therein in SafeSeaNet; and in accordance with the

provisions of the Vessel Traffic Monitoring and Reporting

Requirements Regulations.

(4)

The information from the waste delivery receipt shall be

made available upon request to the Authority; and shall be available on

board for at least two years, where relevant together with the Oil

Record Book, Cargo Record Book, Garbage Record Book or the

Garbage Management Plan.

(5)

Notwithstanding sub-regulation (1), a ship may proceed

to the next port of call without delivering the waste, if

(a)

the information provided in accordance with the

Second and Third Schedules shows that there is sufficient

dedicated storage capacity for all waste that has been

accumulated thereon and which will be accumulated thereon

during the intended voyage of the ship until the next port of

call;

THE DELIVERY OF WASTE FROM SHIPS

(b)

the information available on board a ship falling

outside the scope of the Vessel Traffic Monitoring and

Reporting Requirements Regulations shows that there is

sufficient dedicated storage capacity for all waste that has been

accumulated thereon and which will be accumulated thereon

during the intended voyage of the ship until the next port of call;

or

(c)

the ship only calls at an anchorage area for less

than 24 hours or under adverse weather conditions, unless such

anchorage area has been excluded in accordance with the

provisions of regulation 4(3).

The requirements of this sub-regulation shall apply without

prejudice to more stringent requirements for ships adopted in

accordance with international law.

(6)

The Authority shall request the Master, operator or agent

of the ship to deliver, before departure from the port or terminal, its

waste if

(a)

it cannot be established, based on the information,

including information electronically available in SafeSeaNet or

in GISIS, that adequate port reception facilities are available at

the next port of call; or

(b)

the next port of call is unknown.

(1)

The Authority shall ensure that the costs of

operating port reception facilities for the treatment and reception of

waste from ships, other than cargo residues

(a)

are covered from the collection of a fee from ships;

and

(b)

provide no incentive for ships to discharge their

waste at sea.

(2)

All ships calling at a port or terminal, including those that

have not delivered waste before leaving the port or terminal, shall, in

order to contribute significantly to the costs referred to in sub-

regulation (1), irrespective of the actual use of the facilities, be liable to

pay an indirect fee.

(3)

The fees established and published in terms of this

regulation

(a)

may be differentiated on the following basis

(i)

the category, type and size of the ship;

THE DELIVERY OF WASTE FROM SHIPS

(ii)

the provision of certain services to ships

outside normal operating hours in the port or terminal; or

(iii)

the hazardous nature of the waste; and

(b)

shall be reduced on the following basis

(i)

the type of trade the ship is engaged in, in

particular when a ship is engaged in short sea shipping

trade; and, or

(iii) the ship’s design, equipment and operation

demonstrate that the ship produces reduced quantities of

waste and manages its waste in a sustainable and

environmentally sound manner.

(4)

The Authority, operator of a port or terminal, and

operator of an authorised port reception facility shall publish and keep

updated the amount of the fees and the basis on which they have been

calculated; and shall ensure that such are publicly available and easily

accessible to the users of such port or terminal, in the English language

and, if deemed appropriate, also in the Maltese language. Such fees

and calculations must also be included in the waste reception and

handling plan.

(5)

The fees payable to the Authority and, or to the operators

of the ports or terminals and, or to the operators of authorised port

reception facilities under this regulation shall be as established, from

time to time.

(1)

The Authority may exempt a ship calling a port or

terminal from the obligations stipulated in regulations 7, 8 and 9 where

there is sufficient evidence that

(a)

the ship is engaged in scheduled traffic with

frequent and regular port calls;

(b)

there is an arrangement to ensure the delivery of

the waste and payment of the fees in a port along the ship’s

route which

(i)

is evidenced by a signed contract with a

port or waste contractor and by waste delivery receipts;

(ii)

has been notified to all ports on the ship’s

route; and

(iii) has been accepted by the port where

delivery and payment take place, which can be a Union

port or another port in which, as established on the basis

of the information reported electronically SafeSeaNet

THE DELIVERY OF WASTE FROM SHIPS

and in GISIS, adequate port reception facilities are

available; and

(c)

the exemption does not pose a negative impact on

maritime safety, health, shipboard living or working conditions,

or on the marine environment.

(2)

If an exemption is granted, the Authority shall issue an

exemption certificate, based on the format set out in the Fourth

Schedule, confirming that the ship meets the necessary conditions and

requirements for the application of the exemption and stating the

duration of such exemption. The Authority shall report the information

from an exemption certificate electronically in SafeSeaNet.

(3)

Notwithstanding the exemption granted, a ship shall not

be allowed to proceed to the next port of call if there is insufficient

dedicated storage capacity for all waste that has been accumulated and

that which will be accumulated during the intended voyage of the ship

until the next port of call.

(1)

All ships shall be subject to the inspection regime

established by the Authority and to an inspection by an appropriate

inspector in terms of such regime, including random ones, in order to

verify that they comply with the provisions of these regulations

Provided that, ships falling outside the scope of the Vessel

Traffic Monitoring and Reporting Requirements Regulations shall still

be subject to the inspection regime to ensure, as far as practicable,

compliance with the provisions of these regulations.

(2)

Where the Authority becomes aware or has clear evidence

that the Master, the operator or the agent of a ship has not complied

with the provisions of regulation 7 or 8, or considers that there are clear

grounds for believing that the declaration made and the information

given for the purposes of the Second Schedule and, or the Third

Schedule do not correspond substantially with the state of the ship, it

may request an inspection of the ship by an appropriate inspector.

(3)

The inspections carried out shall also ensure effective

monitoring and enforcement of the arrangements for the delivery and

payment in place for the exempted ships calling ports or terminals.

(4)

The Authority may detain a ship in port if it did not

deliver its waste in accordance with these regulations and until such a

date to ensure compliance with the provisions of these regulations.

(5)

Where there is clear evidence that a ship has proceeded to

sea without having complied with regulation 8, the Authority shall, if

the next port of call of the ship is known, inform the competent

authority of the State in which the port is situated about the ship and

with the evidence that has been collected.

THE DELIVERY OF WASTE FROM SHIPS

(6)

Where the Authority has been informed by the competent

authority of another State of a ship in respect of which there is clear

evidence of the type mentioned in sub-regulation (2), the Authority

may request an inspection of the ship by an appropriate inspector at the

earliest opportunity.

(7)

If the Authority is not satisfied with the results of an

inspection carried out in terms of these regulations, it shall, without

prejudice to the application of penalties or any other legal or

enforcement action in terms of law, direct a ship to deliver its waste to

an authorised port reception facility and shall detain the ship until the

delivery of waste operations are ready.

(8)

The Authority shall ensure that the information related to

the inspections carried out in terms of the provisions of these

regulations, including information regarding non-compliance and

prohibition of departure orders issued, is inputted without delay in the

Commission inspection database as soon as

(a)

the inspection report has been completed;

(b)

the order of prohibition of departure has been

lifted; or

(c)

an exemption has been granted.

(9)

The Authority shall not, in the exercise of its power

under this regulation, detain or delay the ship without any reason.

(1)

The operator of an authorised port reception

facility and of a port and terminal shall ensure that all his personnel

receive the necessary training to acquire knowledge which is essential

for their work on dealing with waste, with specific attention to health

and safety aspects pertaining to dealing with hazardous materials, and

that training requirements are regularly updated to meet the challenges

of technological innovation.

(2)

Without prejudice to the generality of the foregoing, this

obligation shall be subject to the applicable legislation in force dealing

with occupational health and safety and protection of the environment,

and to any directives by the responsible national competent authorities.

(1)

The Authority shall appoint any person to

examine, investigate or inspect a port or terminal, or an authorised port

reception facility or any relevant document. A person appointed by the

Authority to carry out such functions shall have the power to

(a)

board freely, and without previous notice, a ship at

any place and at any time of day or night;

(b)

enter into freely, and without previous notice, any

THE DELIVERY OF WASTE FROM SHIPS

port or terminal operator’s premises or building at any place and

at any time of day or night;

(c)

request the assistance of a member of the Police

force in the execution of his duties;

(d)

question any person connected with the execution

of these regulations; and

(e)

inspect any document the keeping of which is

prescribed by these regulations.

(2)

Whoever shall hinder or obstruct a person appointed by

the Authority from allowing him to carry out his duties under these

regulations or refuses to comply with the directions which he may be

given by such person, shall be guilty of an offence.

The Authority may issue directives to port or terminal

operators and Masters, operators and agents of ships in respect of the

removal of waste from ships or a port or a terminal for the purpose of

avoiding inconvenience, accidents or pollution to the marine

environment.

The liability and responsibility for the observance of

these regulations shall rest solely with the port or terminal operator,

authorised port reception facility, authorised undertaking and the

Master, operator and agent of a ship. The Authority shall not be held

liable for any consequences arising from any acts or omissions in

respect of any of the requirements of these regulations.

(1)

Any person shall provide the Authority, when

requested to do so and without delay, all data, statistics and other

information, pursuant to the provisions of these regulations, requested

by the Authority from time to time, in such format as the Authority may

prescribe.

(2)

The operator of an authorised port reception facility or a

port or terminal shall monitor and collect data on the volume and

quantity of passively fished waste is collected; and shall submit such

information to the Authority, as directed by the Authority from time to

time, to be reported to the Commission.

(1)

Any operator of a port or terminal, or a Master or

operator or agent of a ship, who breaches or fails to comply with the

provisions of these regulations commits an offence and is liable, upon

conviction

(a)

where the person is an operator of a port or terminal,

or a Master or operator or agent of a ship falling within the scope

of the Vessel Traffic Monitoring and Reporting Requirements

Regulations or a ship which operates commercially within

THE DELIVERY OF WASTE FROM SHIPS

Maltese internal and territorial waters, to a fine (multa) not less

than two thousand and five hundred euro (€2,500) and not

exceeding one hundred thousand euro (€100,000) for each

offence; and in the case of a continuing offence, to a further fine

(multa) not less than five hundred euro (€500) and not

exceeding one thousand and five hundred euro (€1,500) for

each offence for every day or part thereof during which the

offence persists; and

(b)

where the person is an operator or a Master or

agent of any other ship, including recreational craft and fishing

vessels, which do not fall within the scope of the Vessel Traffic

Monitoring and Reporting Requirements Regulations, to a fine

(multa) not less than five hundred euro (€500) and not

exceeding five thousand euro (€5,000) for each offence; and in

the case of a continuing offence, to a further fine (multa) not

less than one hundred euro (€100) and not exceeding five

hundred euro (€500) for each offence for every day or part

thereof during which the offence persists.

(2)

Where any offence against the provisions of these

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

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

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

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

guilty of that offence unless he proves that the offence was committed

without his knowledge and that he exercised all due diligence to

prevent the commission of the offence.

(3)

Proceedings for an offence against these regulations shall

be instituted 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.

(1)

If an operator of a port or terminal, or a Master or

operator or agent of a ship, breaches or fails to comply with any of the

requirements of these regulations or directives given by the Authority

or the provisions of the waste reception and handling plan, the

Authority shall handover to such person a notice containing a general

description of the breach or non-compliance and may

(a)

require the Master or operator or agent of a ship to

remove the waste within such a time and deliver it to such a

place as the Authority may require; and if he fails to comply,

the Authority may cause the removal of such waste at the risk

and expense of the Master, operator and agent of the ship;

(b)

in terms of the provisions of the Act, impose an

administrative fine of not less than two hundred and fifty euro

(€250) in respect of each breach or non-compliance; or not less

THE DELIVERY OF WASTE FROM SHIPS

than one hundred euro (€100) for every day or part thereof

during which the breach or non-compliance subsists, from the

date of the final decision of the Authority

Provided that the administrative fine shall be paid to the

Authority within such time indicated in the notice, which in no case

shall be less than seven days, provided that where any administrative

fine imposed under this regulation is not paid within the

aforementioned period, proceedings in respect of the breach or non-

compliance may be taken in accordance with the provisions of these

regulations;

(c)

notwithstanding paragraphs (a) and (b), the

Authority may also order the detention of the ship until such

time as the breach or non-compliance is rectified.

(2)

The compliance of the operator of a port or terminal, or a

Master or operator or agent of a ship, with the provisions of sub-

regulation (1) shall for all intents and purposes of law, be deemed to be

an admission of the breach or non-compliance, and no further action

shall be taken in respect of such breach or non-compliance.

(1)

The provisions of these regulations establishing

offences and punishments in respect thereof shall be without prejudice

to any liability arising from any other law or regulations; and shall not

bar the infliction of further punishments contemplated by such other

law or regulations.

(2)

In particular, the provisions referred to in sub-regulation

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

other law or regulations.

Without prejudice to the provisions of regulation 9, all

other fees payable to the Authority in terms of these regulations shall

be as established, from time to time, by the Authority.

(1)

The notification, reporting and exchange of data

and information in terms of these regulations shall be based on

SafeSeaNet.

(2)

The Authority shall ensure that the following data and

information is reported electronically and within reasonable time

through SafeSeaNet in terms of the provisions of the Vessel Traffic

Monitoring and Reporting Requirements Regulations

(a)

the information on the actual time of arrival and

time of departure of every ship falling within the scope of the

Vessel Traffic Monitoring and Reporting Requirements

Regulations calling at a port or terminal, together with an

identifier of the port or terminal concerned; and

THE DELIVERY OF WASTE FROM SHIPS

(b)

all the data and information laid down in the

provisions of these regulations.

Unless provided otherwise by these regulations, any

authorisation, approval or exemption given by the Authority in terms

of the Port Reception Facilities for Ship-generated Wastes and Cargo

Residues Regulations, 2004 shall remain into force and valid until

their term of validity expires.

Any obligation, liability, penalty or punishment incurred

under the Port Reception Facilities for Ship-generated Wastes and

Cargo Residues Regulations, 2004 or in connection with any breach of

the provisions of those regulations, or any proceedings or remedy

relating to any such obligation, liability, penalty or punishment, shall

not be affected by such revocation.

THE DELIVERY OF WASTE FROM SHIPS