QUALITY OF FUELS REGULATIONS

SUBSIDIARY LEGISLATION 545.18

QUALITY OF FUELS REGULATIONS

1st February, 2008;

28th August, 2009

LEGAL NOTICE 44 of 2008, as amended by Act XV of 2009; and Legal

Notices 79 of 2010, 66 of 2011, 123 and 231 of 2012, 300 and 303 of 2014,

and 168 of 2015; Act XXV of 2015, and Legal Notices 264 of 2017, 309 of

2020, 217 of 2022 and 50 of 2026.

(1) The title of these regulations is the Quality of Fuels

Regulations.

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

fuels available in Malta and to transpose Directive 93/ 12/EEC,

Directive 98/70/EC, Directive 1999/32/EC, Directive 2003/17/EC,

Directive 2005/33/EC, Directive 2009/30/EC, Directive 2012/33/

EU and Directive 2014/77/EU.

Substituted by

L.N. 66 of 2011.

[Regulation 4(2)]

Amended by

L.N. 231 of 2012;

L.N. 168 of 2015;

XXV. 2015.41;

L.N. 309 of 2020;

L.N. 50 of 2026.

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS WHICH SHALL

BE USED FOR VEHICLES EQUIPPED WITH POSITIVE-IGNITION ENGINES

Parameter (1)

Limits (2)

Unit

Minimum Maximum

95 (3)

Research octane number

-

Motor octane number

-

Vapour pressure, summer period (4)

60.0 (5)

kPa

-

Distillation

- percentage evaporated at 100°C

0% v/v

46.0

-

- percentage evaporated at 150°C

0% v/v

75.0

-

Hydrocarbon analysis

- olefins

% v/v

-

18. 0 - aromatics % v/v -

(1)

In these regulations, and unless the context otherwise

requires

"ASTM method" means the methods laid down by the American

Society for Testing and Materials in the 1976 edition of standard

definitions and specifications for petroleum and lubricating

products;

"biofuels" means liquid fuel for transport produced from biomass;

"boil-off gas" means LNG vapors which are produced during

various stages of LNG production and transport as a result of heat

input and pressure variations, and which is either re-liquefied and

returned to storage, so that it is then diverted to the boilers by pumping

from storage into the vessel tanks to be used as a fuel for marine

vessels, or compressed and exported as natural gas, which is cooled

down to atmospheric pressure, at which point the gas condenses to a

liquid, in order to facilitate transport;

"CN codes" means the code numbers of the combined

nomenclature established by Regulation 2658/87 on the tariff and

statistical nomenclature and on the customs tariff;

"combustion plant", "new plant" and "existing plant" shall have

the same meaning as defined in the Limitations of Emissions of

Certain Pollutants into the Air from Large Combustion Plants

Regulations;

"the Commission" means the European Commission established

by article 7 of the Treaty establishing the European Community

signed on March 25th, 1957;

"the Community" means the European Community established

by the Treaty establishing the European Economic Community

signed on March 25th, 1957;

"the competent authority" means the Regulator for Energy and

Water Services established by the Regulator for Energy and Water

Services Act;

"contiguous zone" means the zone referred to in article 4 of the

Territorial Waters and Contiguous Zones Act;

"diesel fuels" means gas oils falling within CN code 2710 19 41

as defi ned in Regulati on (EEC) 2 658/8 7 and u sed for sel f-

propelling vehicles;

"Directive 93/12/EEC" means Council Directive 93/12/EEC of

23 March 1993 relating to the sulphur content of certain liquid

fuels;

"Directive 98/70/EC" means Directive 98/70/EC of the European

Parliament and of the Council of 13 October 1998 relating to the

quality of petrol and diesel fuels and amending Council Directive

93/12/EEC, as amended by Directive 2003/17/ EC;

"Directive 1999/32/EC" means Council Directive 1999/32/EC of

26 April 1999 relating to a reduction in the sulphur content of

certain liquid fuels and amending Directive 93/12/EEC;

"Directive 2001/80/EC" means Directive 2001/80/EC of the

European Parliament and of the Council of 23 October 2001 on the

limitation of emissions of certain pollutants into the air from large

combustion plants;

"Directive 2003/17/EC" means Directive 2003/17/EC of the

European Parliament and of the Council of 3 March 2003 amending

Directive 98/70/EC relating to the quality of petrol and diesel fuels;

"Directive 2005/33/EC" means to Directive 2005/33/EC of the

European Parliament and of the Council of 6 July 2005 amending

Directive 1999/32/EC as regards the sulphur content of marine

fuels;

"emission abatement method" means any fitting, material,

appliance or apparatus to be fitted in a ship or other procedure,

alternative fuel, or compliance method, used as an alternative to

low sulphur marine fuel meeting the requirements set out in these

regulations, that is verifiable, quantifiable and enforceable;

"end user" means the person to whom fuel is sold or marketed by

retail;

"EN 228:2012+A1:2017" means the requirements and test methods

specified by the European Committee for Standardization in relation to

the quality of unleaded petrol fuel for automotive use;

"EN 590:2013+A1:2017" means the requirements and test methods

specified by the European Committee for Standardization in relation to

the quality of diesel fuel for automotive use;

"EN Method 24260 (1987)" means the method specified by the

Eu ro pean Co mm it tee f or Stan dardization in r elation to the

determination of sulphur content in Petroleum products using the

Wickbold combustion method;

"gas oil" means

(a) any petroleum-derived liquid fuel, excluding marine

fuel, falling within CN code 2710 19 25, 2710 19 29,

2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19, or

(b) any petroleum-derived liquid fuel, excluding marine

fuel, of which less than 65% by volume (including

losses) distils at 250°C and of which at least 85% by

volume (including losses) distils at 350 °C by the

ASTM D86 method

Provided that it shall not include

(i) diesel fuels; or

(ii) fuels used in non-road mobile machinery and

agricultural and forestry tractor;

"gas oils intended for use by non-road mobile machinery,

agricultural and forestry tractors, and recreational craft" means any

petroleum-derived liquid, falling under CN codes 2710 19 41 and

2710 19 45 intended for use in compression ignition engines

referred to in Directives 94/25/EC, 97/68/EC and 2000/25/EC;

"heavy fuel oil" means

(a) any petroleum-derived liquid fuel, excluding marine

fuel, falling within CN code 2710 19 51 to 2710 19 68,

2710 20 31, 2710 20 35, 2710 20 39, or

(b) any petroleum-derived liquid fuel, other than gas oil,

which, by reason of its distillation limits, falls within

the category of heavy oils intended for use as fuel and

of which less than 65% by volume (including losses)

distils at 250°C by the ASTM D86 method. If the

distillation cannot be determined by the ASTM D86

method, the petroleum product is likewise categorised

as a heavy fuel oil;

"International Maritime Organisation" means the organisation

e s t a b l i s h e d b y t h e C o n v e n t i o n o n t h e I n t e r- G o v e r n m e n t a l

Consultative Or ganisation, adopted by the United Nations

Maritime Conference in Geneva on 6 March 1948, as amended;

"ISO 4259 (1992)" means the method specified by the

International Organization for Standardisation in relation to the

determination and application of precision data in relation to

methods of tests of petroleum products;

"ISO 8754 (1992)" means the method specified by the

International Organization for Standardisation in relation to the

determination of sulphur content in Petroleum products using the

Energy-dispersive X-ray fluorescence method;

"ISO 14596 (1998)" means the method specified by the

International Organization for Standardisation in relation to the

determination of sulphur content in Petroleum products using the

Wavelength-dispersive X-ray fluorescence spectrometry method;

"LNG" means liquefied natural gas which has been converted to

liquid form for ease of storage or transport, and which for the

purpose of these regulations, is produced and used as a marine fuel

for cargo vessels;

"Liquefied Natural Gas (LNG) carrier" means a cargo ship

constructed or adapted and used for the carriage in bulk of liquefied

natural gas as defined under the International Code for the

Construction and Equipment of Ships Carrying Liquefied Gases in

Bulk (IGC) Code;

"Authority for Transport in Malta" means the Authority for

Transport in Malta established by article 3 of the Authority for

Transport in Malta Act;

"the Environment and Resources" means the Environment and

Resources Authority established by the Environment Protection

Act;

"marine diesel oil" means any marine fuel as defined for DMB

grade in Table I of ISO 8217 with the exception of the reference to

the sulphur content;

"marine fuel" means any petroleum-derived liquid fuel intended

for use or in use on board a vessel, including those fuels defined in

ISO 8217. It includes any petroleum-derived liquid fuel in use on

board recreational craft, as defined in the Recreational Craft

Regulations when such vessels are at sea;

"marine gas oil" means any marine fuel as defined for DMX,

DMA and DMZ grades in Table I of ISO 8217 with the exception of

the reference to the sulphur content;

"MARPOL" means the International Convention for the

Prevention of Pollution from Ships, 1973, as modified by the

Protocol of 1978 relating thereto;

"MARPOL Annex VI" means the annex, entitled "Regulations

for the Prevention of Air Pollution from Ships”, that the Protocol of

1997 adds to MARPOL;

"master" shall have the same meaning as is assigned to it under

the Merchant Shipping Act;

"Member State" means a state which is a member of the European

Union;

"non-road mobile machinery" shall have the same meaning as

defined in the Measures against the Emission of Gaseous and

Particulate Pollutants from Internal Combustion Engines (Non-road

Mobile Machinery) Regulations;

"passenger" means every person other than

(a) the master and the members of the crew or other

person employed or engaged in any capacity on board

a ship on the business of that ship; and

(b) a child under one year of age;

"passenger ship" means any ship which carries more than twelve

passengers;

"petrol" means any volatile mineral oil intended for the operation

of internal combustion positive-ignition engines for the propulsion

of vehicles and falling within CN codes 2710 1 41, 2710 1 45, 2710

11 49, 2710 11 51 and 2710 11 59 as defined in Regulation (EEC)

2658/87;

"placing on the market" means supplying or making available to

third persons, against payment or free of charge, anywhere within

Malta’s jurisdiction, marine fuels for on-board combustion

excluding supply or making available marine fuels for export in

ships’ cargo tanks;

"port" shall have the same meaning assigned to it by article 2 of

the Ports and Shipping Act;

"regular services" means a series of passenger ship crossings

operated so as to serve traffic between the same two or more ports,

or a series of voyages from and to the same port without

intermediate calls, either

(a) according to a published timetable; or

(b) with crossings so regular or frequent that they

constitute a recognisable schedule;

"Regulation (EC) No 2099/2002" means Regulation (EC) No

2099/2002 of the European Parliament and of the Council of 5

November 2002 establishing a Committee on Safe Seas and the

Prevention of Pollution from Ships (COSS) and amending the

Regulations on maritime safety and the prevention of pollution

from ships;

"Regulation (EEC) 2658/87" means Council Regulation (EEC)

2658/87 of 23 July 1987 on the tariff and statistical nomenclature

and on the Common Customs Tariff, as amended, and shall also

include the Annexes to the said Regulation;

"ships at berth" means ships which are securely moored or

anchored in a Maltese port while they are loading, unloading or

hotelling, including the time spent when not engaged in cargo

operations;

"SO x Emission Control Areas" shall mean sea areas defined as

such by the IMO under MARPOL Annex VI;

"supplier" means an entity supplying fuel to the market that is

responsible for passing fuel through an excise duty point or where no

excise is due or where duly justified, any other relevant entity so

designated;

" v e h i c le " s h a l l h a ve t h e sa m e m e a n i n g a s s i g n e d t o i t b y

regulation 3.1.4. of the Motor Vehicles (EC Type Approval)

Regulations;

"warship" means a ship belonging to the armed forces of a State

bearing the external marks distinguishing such ships of its

nationality, under the command of an officer duly commissioned by

the government of the State and whose name appears in the

appropriate service list or its equivalent, and manned by a crew

which is under regular armed forces discipline.

Substituted by

L.N. 66 of 2011.

[Regulation 5(1)]

Amended by

L.N. 231 of 2012;

L.N. 168 of 2015;

L.N. 50 of 2026.

ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS WHICH SLALL

BE USED FOR VEHICLES EQUIPPED WITH COMPRESSION-IGNITION

ENGINES

Parameter (6)

Limits (7)

Unit

Minimum Maximum

Cetane number

The limitations provided for by these regulations on the

sulphur content of petroleum-derived liquid fuels shall not apply

to

(a) fuels intended for the purposes of research and testing;

(b) fuels intended

for

processing

prior

to

final

combustion;

(c) fuels to be processed in the refining industry;

(d) fuels used by warships and other vessels on military

service

Provided that these vessels shall, so far as is

reasonable and practical, act in a manner consistent

with these regulations;

(e) any use of fuels in a vessel necessary for the specific

purpose of securing the safety of a ship or saving life

at sea;

(f)

any use of fuels in a ship necessitated by damage

sustained to it or its equipment

(i)

where the owner or master has not acted with

intent or recklessly; and

(ii) all reasonable measures are taken after the

occurrence of the damage to prevent or minimise

excess emissions; and

(iii) measures are taken as soon as possible to repair

the damage;

(g) without prejudice to regulation 8A, fuels used on

board vessels employing emission abatement methods

in accordance with regulations 12 and 12C.

L.N. 231 of 2012.

[Regulation 12A]

1. The formula

For the purpose of establishing equivalence within the meaning of regulation 12A,

the following formula shall be used

S F (%) · M F ≤ 0,1 % · M F0,1 %

S F (%): percentage of sulphur content per unit of mass of the marine

fuel used,

M F : mass of the marine fuel consumed while the ship is at berth in kg,

M F0,1 % : equivalent mass in kg of a fuel with a sulphur content ≤ 0,1 %.

This factor shall be calculated according to the following formula

M F0,1 % = (M BOG · E BOG + M F · E F )/E F0,1 %

M BOG : mass of the boil-off gas consumed at berth in kg,

E BOG : energy value of the boil-off gas used in MJ/kg,

M F : mass of the marine fuel consumed at berth in kg,

E F : energy value of the marine fuel used in MJ/kg.

E F0,1 % : energy value of a marine fuel with a sulphur content ≤ 0,1 % in

MJ/kg

Development 1 of the formula

The two formulas referred to above can be combined as follows

S F (%) · M F /(M BOG · E BOG + M F · E F ) ≤ 0,1 %/E F0,1 %

Development 2 of the formula

The formula can be further developed as follows

S F (%)/(R G/F · E BOG + E F ) ≤ 0,1 %/E F0,1 %

R G/F :the ratio between the mass of boil-off gas and marine fuel

consumed at berth (M BOG /M F )

This second development can also be expressed in the following way

R G/F ≥ (S F (%) · E F0,1 % - 0,1 % · E F )/0,1 % · E BOG

2. Application of the formula

Since the energy values of the different marine fuels involved in the formula are

largely similar, it is justified to use standard values for E F0,1 % , E F and E BOG in

order to simplify the application of the formula in practice. More particularly, the

following standard energy values may be presumed to apply

QUALITY OF FUELS

E F0,1 % = 43,0 MJ/kg (source: DNV Petroleum Services)

E F = 40,8 MJ/kg (source: DNV Petroleum Services)

E BOG = 50,0 MJ/kg (ISO energy figure for methane)

The formula would accordingly be simplified as follows

R G/F ≥ 8,6 · S F (%) – 0,816

On this basis, the only value that needs to be introduced to the formula to arrive at

the required ratio between the mass of boil-off gas and marine fuel consumed (R G/F

or M BOG /M F ) is the sulphur content of the marine fuel used while at berth. By

means of examples, the table below indicates the minimum ratio required to meet the

equivalence criteria for marine fuels with different sulphur contents.

Sulphur content (%)

1,0 %

1,5 %

2,0 %

2,5 %

3,0 %

3,5 %

M BOG /M F

7,8

12,1

16,4

20,7

25,0

29,3

(1) Leaded petrol may not be sold, offered for sale, or

otherwise marketed

Provided that the Regulator for Energy and Water Services

may permit the sale, offering for sale or marketing of small

quantities of leaded petrol, to a maximum of 0.03% of total sales, to

be used by old vehicles of a characteristic nature and to be

distributed through special interest groups

Provided further that the lead content of this leaded petrol

is not to exceed 0.15 g/l and its benzene content shall comply with

the specifications set out in the First Schedule.

(2) Unleaded petrol may be sold, offered for sale, or otherwise

marketed, only if it complies with the specifications set out in the

First Schedule to these regulations.

(3) Notwithstanding the provisions of sub-regulation (2),

suppliers shall ensure that petrol is placed on the market with a

maximum oxygen content of 2.7% and a maximum ethanol content

of 5 %. T hey shall also ensure the provision of appropriate

information to consumers concerning the biofuel content of petrol

and, in particular, the appropriate use of different blends of petrol.

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

of this regulation shall be guilty of an offence and shall be liable,

on conviction, to a fine (multa) of not of not less than ten thousand

euro (€10,000) but not exceeding sixty-nine thousand eight

hundred euro (€69,800) or to imprisonment for a term not

exceeding eighteen months, or to both such fine and imprisonment.

Added by

L.N. 300 of 2014.

[Regulation 12(2)]

EQUIVALENT EMISSION VALUES FOR EMISSION ABATEMENT METHODS

AS REFERRED TO IN REGULATION 12(2)

Marine fuel sulphur limits referred to in regulations 9 and 9A and regulations 14.1

and 14.4 of Annex VI to MARPOL and corresponding emission values referred to in

regulation 12(2)

Marine fuel Sulphur Content

Ratio Emission SO 2 (ppm)/CO 2 (% v/v)

(% m/m)

3,50

151,7

1,50

65,0

1,00

43,3

0,50

21,7

0,10

4,3

Note

-

The use of the Ratio Emissions limits is only applicable when using

petroleum based Distillate or Residual Fuel Oils.

-

In justified cases where the CO 2 concentration is reduced by the exhaust gas

cleaning (EGC) unit, the CO 2 concentration may be measured at the EGC unit inlet,

provided that the correctness of such a methodology can be clearly demonstrated.

QUALITY OF FUELS

(1) Subject to the provisions of subregulation (2), diesel

fuel may be used, sold, offered for sale, or otherwise marketed only

if it complies with the specifications set out in the Second

Schedule.

(2) Suppliers shall place on the market diesel with a fatty acid

methyl ester (FAME) content of not more than seven percent (7%).

Any person placing on the market diesel fuel shall ensure the provision

of appropriate information to consumers concerning the biofuel

content in particular FAME.

(3) Gas oils intended for use by non-road mobile machinery,

including inland waterway vessels, agricultural and forestry tractors

and recreational crafts shall be sold, offered for sale, or otherwise

placed on the market only if the sulphur content of those gas oils does

not exceed 10 mg/kg. Liquid fuels other than those gas oils may be

used in inland waterway vessels and recreational craft only if the

sulphur content of those liquid fuels does not exceed the maximum

permissible content of those gas oils.

(4) Diesel fuel having code HS27101943 containing the national

marker and dye shall not be sold, offered for sale, or otherwise

marketed to ships of over twenty-four (24) metres in length excluding

registered fishing vessels.

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

of this regulation shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of not less than ten thousand

euro (€10,000) but not exceeding sixty-nine thousand eight

hundred euro (€69,800) or to imprisonment for a term not

exceeding eighteen (18) months, or to both such fine and

imprisonment

Provided that in the case of non-compliance with the

provisions of sub-regulation (4), the Court shall also order the

suspension of the Bunkering Authorisation issued by the Regulator in

accordance with the Bunkering (Authorisation) Regulations for any

such period which shall not be less than six (6) months.

Added by

L.N. 300 of 2014.

[Regulations 11, 12(4)]

CRITERIA FOR THE USE OF EMISSION ABATEMENT METHODS REFERRED

TO IN REGULATION 11(4)

The emission abatement methods referred to in regulation 11 shall comply at least

with the criteria specified in the following instruments, as applicable

Emission abatement method

Criteria for use

Mixture of marine fuel and boil- Regulation 12A

off gas

Exhaust gas cleaning systems

Resolution MEPC.184(59) adopted on 17 July

2009 "Wash water resulting from exhaust gas

cleaning systems which make use of chemicals,

additives, preparations and relevant chemical

created in situ", referred to in point 10.1.6.1 of

Resolution MEPC.184(59), shall not be

discharged into the sea, including enclosed ports,

harbours and estuaries, unless it is demonstrated

by the ship operator that such wash water

discharge has no significant negative impacts on

and do not pose risks to human health and the

environment. If the chemical used is caustic soda

it is sufficient that the wash water meets the

criteria set out in Resolution MEPC.184(59) and

its pH does not exceed 8,0.

Biofuels

Use of biofuels as defined in Directive 2009/28/

EC of the European Parliament and of the

Council of 23 April 2009 on the promotion of the

use of energy from renewable sources * that

comply with the relevant CEN and ISO

standards. The mixtures of biofuels and marine

fuels shall comply with the sulphur standards set

out in regulations 8A, 9(1)(a), (1)(b) and (4), and

9A. *

OJ L 140, 5.6.2009, p. 16.

(1) The Regulator for Energy and Water Services shall

monitor compliance with the requirements of regulations 4 and 5,

in respect of petrol and diesel fuels, on the basis of the analytical

methods referred to in First and Second Schedules respectively.

The Regulator for Energy and Water Services shall monitor

compliance

(a) in respect of petrol on the basis of the analytical

methods

referred

to

in

standard

EN

228:2012+A1:2017;

(b) in respect of diesel fuels on the basis of the analytical

methods

referred

to

in

standard

EN

590:2013+A1:2017;

(c) in respect of gas oils intended for use by non-road

mobile machinery, agricultural and forestry tractors

and recreational crafts on the basis of the analytical

methods referred to in standard EN ISO 8754.

(2) The Regulator for Energy and Water Resources shall

establish a fuel quality monitoring system in accordance with the

requirements of the relevant standards.

(3) By the 31st August of each year, the Regulator, after

consultation with the Minister responsible for Energy, shall submit

to the Commission a report on

(a)

national fuel quality data for the preceding calendar

year;

(b) the total volumes of petrol and diesel fuels marketed in

Malta and the volumes of unleaded petrol and diesel

fuels marketed with a maximum sulphur content of 10

mg/kg;

(c) the availability on an appropriately balanced

geographical basis of petrol and diesel fuels with a

maximum sulphur content of 10 mg/kg that are

marketed in Malta.

(1) The use, sale, offering for sale, or otherwise marketing

of any fuel with a presence of the metallic additive

methylcyclopentadienyl manganese tricarbonyl (MMT) in fuel of

more than 2 mg of manganese per litre shall be prohibited.

(2) A label concerning the metallic additive content of fuel

shall be displayed at any point where a fuel with metallic additives

is made available to consumers. The label shall contain the text

"Contains metallic additives". The label shall be attached to the

place where information indicating the type of fuel is displayed, in

a clearly visible position. The label shall be of a size and font that

is clearly visible and easily legible.

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

of this regulation shall be guilty of an offence and shall be liable,

on conviction, to a fine (multa) of not of not less than ten thousand

euro (€10,000) but not exceeding sixty-nine thousand eight

hundred euro (€69,800) or to imprisonment for a term not

exceeding eighteen months, or to both such fine and imprisonment.

(1) The use of heavy fuel oils, the sulphur content of which

exceeds one per cent by mass is prohibited.

(2) Subject to appropriate monitoring of emissions by the

Environment and Resources Authority, until the 31st of December

2015, sub-regulation (1) shall not apply to heavy fuel oils used

(a) in combustion plants which fall within the scope of

Directive 2001/80/EC of the European Parliament and

of the Council of 23rd October 2001 on the limitation

of emissions of certain pollutants into the air from

large combustion plants, which are subject to Article

4(1) or (2) or Article 4(3)(a) of that Directive and

which comply with the emission limits for sulphur

dioxide for such plants as set out in that Directive;

(b) in combustion plants which fall within the scope of

Directive 2001/80/EC, which are subject to Article

4(3)(b) and Article 4(6) of that Directive and the

monthly average sulphur dioxide emissions of which

do not exceed 1 700 mg/Nm 3 at an oxygen content in

the flue gas of 3% by volume on a dry basis;

(c) in combustion plants which do not fall under

paragraphs (a) or (b), and the monthly average sulphur

dioxide emissions of which do not exceed 1 700 mg/

Nm 3 at an oxygen content in the flue gas of 3% by

volume on a dry basis;

(d) for combustion in refineries, where the monthly

average of emissions of sulphur dioxide averaged over

all combustion plants in the refinery, irrespective of

the type of fuel or fuel combination used, but

excluding plants which fall under paragraph (a) and

(b), gas turbines and gas engines, do not exceed 1 700

mg/Nm 3 at an oxygen content in the flue gas of 3% by

volume on a dry basis.

(3) Subject to appropriate monitoring of emissions by the

Environment and Resources Authority as from 1 January 2016,

sub-regulation (1) shall not apply to heavy fuel oils used

(a) in combustion plants which fall within the scope of

Chapter III of Directive 2010/75/EU of the European

Parliament and of the Council, and which comply with

the emission limits for sulphur dioxide for such plants

as set out in Annex V to that Directive or, where those

emission limit values are not applicable according to

that Directive, for which the monthly average sulphur

dioxide emissions do not exceed 1 700 mg/Nm 3 at an

oxygen content in the flue gas of 3% by volume on a

dry basis;

(b) in combustion plants which do not fall under

paragraph (a), and the monthly average sulphur

dioxide emissions of which do not exceed 1 700 mg/

Nm 3 at an oxygen content in the flue gas of 3% by

volume on a dry basis;

(c) for combustion in refineries, where the monthly

average of emissions of sulphur dioxide averaged over

all combustion plants in the refinery, irrespective of

the type of fuel or fuel combination used, but

excluding plants falling under paragraph (a), gas

turbines and gas engines, do not exceed 1 700 mg/Nm 3

at an oxygen content in the flue gas of 3% by volume

on a dry basis.

(4) No combustion plant using heavy fuel oil with a sulphur

concentration greater than that referred to in sub-regulation (1)

shall be operated without a permit issued by a competent authority

with the responsibility for specifying the emission limits.

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

of this regulation shall be guilty of an offence and shall be liable,

on conviction, to a fine (multa) of not less than ten thousand euro

(€10,000) but not exceeding sixty-nine thousand eight hundred

euro (€69,800) or to imprisonment for a term not exceeding

eighteen months, or to both such fine and imprisonment.

(1) The use of gas oils with a sulphur content exceeding

0,10 per cent by mass is prohibited.

(2) Any person who fails to comply with subregulation (1)

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

fine (multa) of not less than ten thousand euro (€10,000) but not

exceeding sixty-nine thousand eight hundred euro (€69,800) or to

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

such fine and imprisonment.

The use of marine fuels, the sulphur content of which

exceeds 3,50% by mass, is prohibited within the Maltese territory

Provided that this shall not apply to fuels supplied to ships

using emission abatement methods subject to regulation 12

operating in closed mode.

(1)

The use of marine fuels is prohibited

(a) in the areas of the territorial sea, internal waters, any

exclusive economic zone and any pollution control

zones falling within SOx Emission Control Areas if

the sulphur content of those fuels by mass exceeds

(i) 1,00% until 31 December 2014;

(ii) 0,10% as from 1 January 2015

Provided that this shall apply to all vessels of all flags,

including vessels whose journey began outside the

European Union;

(b) in the areas of the Maltese territorial sea, internal

waters, any exclusive economic zone and any pollution

control zones if the sulphur content of those fuels by

mass exceeds

(i) 3,50% as from 18 June 2014;

(ii) 0,50% as from 1 January 2020

Provided that this shall apply to all vessels of all flags,

including vessels whose journey began outside of the European

Union, and without prejudice to sub-regulation (1)(a) and sub-

regulation (4) of this regulation and regulation 9A.

(2) The application date for subregulation (1) shall be twelve

months following the designation by the IMO of SO x Emission

Control Areas in accordance with regulation 14(3)(b) of MARPOL

Annex VI.

(3)

Sub-regulation (1)(a) shall be applicable to

(a) vessels flying the Flag of Malta; and

(b) vessels of all flags whilst in Maltese ports, if such

ports border SOx Emission Control Areas

Provided that additional enforcement action may be taken

by the competent authority in respect of other vessels in accordance

with international maritime law.

(4) The use of marine fuels with a sulphur content exceeding

1,50% by mass is prohibited until the 1st January 2020 in the

territorial seas, internal waters, any exclusive economic zones and

any pollution control zones falling outside SOx Emission Control

Areas by passenger ships operating on regular services to or from

any European Union port. This shall apply to vessels flying the flag

of Malta and to vessels of all flags while in Maltese ports.

(5) The Master shall correctly complete the ship’s logbook,

including fuel changeover operations.

(6) The competent authority shall endeavour to ensure the

availability of marine fuels which comply with these regulations.

(7) If a ship is found not to be in compliance with the standards

for marine fuels which comply with these regulations, the

competent authority or the Authority for Transport in Malta as

appropriate may require the ship to

(a) present a record of the actions taken to attempt to

achieve compliance; and

(b) provide evidence that it attempted to purchase marine

fuel which complies with these regulations in

accordance with its voyage plan and, if it was not

made available where planned, that attempts were

made to locate alternative sources for such marine fuel

and that, despite best efforts to obtain marine fuel

which complies with these regulations, no such marine

fuel was made available for purchase.

The ship shall not be required to deviate from its intended

voyage or to delay unduly the voyage in order to achieve

compliance. If a ship provides the information referred to in

paragraphs (a) and (b), the competent authority or the Authority for

Transport in Malta, as appropriate, shall take into account all

relevant circumstances and the evidence presented to determine the

appropriate action to take, including not taking control measures.

A ship shall notify its flag State, and the competent

authority of the relevant port of destination, when it cannot

purchase marine fuel which complies with these regulations.

(8) The placing on the market in Malta of marine diesel oils

with a sulphur content exceeding 1,50 % by mass is prohibited.

(1) The use of marine fuels with a sulphur content

exceeding 0,10% by mass by ships at berth in ports in Malta is

prohibited

Provided that the crew shall be allowed sufficient time to

complete any necessary fuel-changeover operation as soon as

possible after arrival at berth and as late as possible before

departure. The time of any fuel-changeover operation is to be

recorded in ships’ logbooks

Provided further that this sub-regulation shall not apply

(a) whenever, according to published timetables, ships are

due to be at berth for less than two hours;

(b) to ships which switch off all engines and use shore-

side electricity while at berth in ports.

(2) The placing on the market of marine gas oils with a sulphur

content exceeding 0,10% by mass is prohibited.

(1) The competent authority shall in accordance with

regulation 18 of Annex VI to MARPOL maintain a publicly

available register of local suppliers of marine fuel.

(2)

Local suppliers of marine fuel shall

(a) document on a bunker delivery note the sulphur

content of all marine fuels sold in the Maltese

territory. Such bunker delivery note shall also be

accompanied by a sealed sample signed by the

representative of the receiving ship;

(b) ensure that the fuel delivered complies with the

specification stated on the bunker delivery note;

(c) take remedial action to bring any non-compliant

marine fuel discovered into compliance.

(3) Any person who fails to comply with sub-regulation (2)

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

fine (multa) of not less than ten thousand euro (€10,000) but not

exceeding sixty-nine thousand eight hundred euro (€69,800) or to

imprisonment for a term not exceeding eighteen months.

(1) The competent authority shall take all necessary

measures to check by sampling that the sulphur content of fuels

used complies with the provisions of regulations 7, 8, 8a, 9 and 9A.

The competent authority shall commence sampling on the date on

which the relevant limit for maximum sulphur content in the fuel

comes into force. Sampling shall be carried out periodically with

sufficient frequency and quantities in such a way that the samples

are representative of the fuel examined, and in the case of marine

fuel, of the fuel being used by vessels while in relevant sea areas

and ports. The samples shall be analysed without undue delay. The

following means of sampling, analysis and inspection of marine

fuel shall be used

(a) inspection of marine fuel: inspection of ships’ log

books and bunker delivery notes; and

(b) as appropriate, the following means of sampling and

analysis: sampling of the marine fuel for on-board

combustion while being delivered to ships, in

accordance with the Guidelines for the sampling of

fuel oil for determination of compliance with the

revised MARPOL Annex VI adopted on 17 July 2009

by Resolution 182(59) of the Marine Environment

Protection Committee (MEPC) of the IMO, and

analysis of its sulphur content; or

(c) sampling and analysis of the sulphur content of marine

fuel for on-board combustion contained in tanks,

where technically and economically feasible, and in

sealed bunker samples on board ships.

(2) The reference method adopted for determining the sulphur

content shall be ISO method 8754 (2003) or PrEN ISO 14596

(2007). In order to determine whether marine fuel delivered to and

used on board ships is compliant with the sulphur limits required by

regulations 8, 8a, 9 and 9A, the fuel verification procedure set out

in Appendix VI to Annex VI to MARPOL shall be used.

(1) The competent authority, or the Authority for

Transport in Malta, as appropriate, shall allow the use of emission

abatement methods by ships of all flags in Maltese ports, territorial

seas, internal waters, any exclusive economic zones and any

pollution control zones, as an alternative to using marine fuels that

meet the requirements of regulations 9 and 9A, and subject to sub-

regulations (2) and (3).

(2) Ships using the emission abatement methods referred to in

sub-regulation (1) shall continuously achieve reductions of sulphur

dioxide emissions that are at least equivalent to the reductions that

would be achieved by using marine fuels that meet the

requirements of regulations 9 and 9A. Equivalent emission values

shall be determined in accordance with the Fourth Schedule.

(3) The competent authority shall, as an alternative solution for

reducing emissions, encourage the use of onshore power supply

systems by docked vessels.

(4) The emission abatement methods referred to in sub-

regulation (1) shall comply with the criteria specified in the

instruments referred to in the Fifth Schedule.

(1) LNG carriers shall use and comply with the

calculation criteria set out in the Third Schedule to meet the

objective on reducing emissions from ships through an alternative

technological abatement method by a mixture of marine fuel and

boil-off gas.

(2) The LNG carriers may use the alternative technological

abatement method while at berth in Community ports, allowing

sufficient time for the crew to accomplish any necessary measures

to employ a mixture of marine fuel and boil-off gas as soon as

possible after arrival at berth and as late as possible before

departure.

(3) The achieved emission reductions in sulphur emissions due

to the application of the method referred to in sub-regulation (2)

shall be at least equivalent to the reduction that would be achieved

throug h t he l im its o f the su lph ur in fu el speci fi ed i n t hese

regulations.

(4) LNG carriers which use the alternative technological

abatement method and call at ports under their jurisdiction are to

provide a detailed record in the ship’s log- book, containing the

type and quantity of fuels used on board. For this purpose, these

ships shall be equipped for continuous monitoring and metering of

the boil-off gas and marine fuel consumption.

(5) The competent authority shall take appropriate measures to

m onitor and verify the use of the alternative technological

abatement method while at berth based on the achieved emissions

reductions provided by LNG carriers.

(1) Emission abatement methods falling within the scope

of the Conformity Assessment of Marine Equipment Regulations

shall be approved in accordance with those regulations.

(2) Emission abatement methods not covered by the

Conformity Assessment of Marine Equipment Regulations shall be

approved in accordance with the procedure referred to in Article

3(2) of Regulation (EC) No 2099/2002 of the European Parliament

and of the Council of 5 November 2002 establishing a Committee

on Safe Seas and the Prevention of Pollution from Ships (COSS),

taking into account

(a) guidelines developed by the IMO;

(b) the results of any trials conducted under regulation 12;

(c) effects on the environment, including achievable

emission reductions, and impacts on ecosystems in

enclosed ports, harbours and estuaries; and

(d) the feasibility of monitoring and verification.

(1) The competent authority or the Authority for

Transport in Malta, as appropriate, may in cooperation with the

competent authorities of other Member States, as appropriate,

approve trials of ship emission abatement methods on vessels

flying the flag of Malta, or in sea areas within Malta’s jurisdiction.

(2) During those trials, the use of marine fuels meeting the

requirements of regulations 9 and 9A shall not be mandatory,

provided that all of the following conditions are fulfilled

(a) the Commission and any port State concerned are

notified in writing at least six months before trials

begin;

(b) permits for trials do not exceed eighteen months in

duration;

(c) all ships involved install tamper-proof equipment for

the continuous monitoring of funnel gas emissions and

use it throughout the trial period;

(d) all ships involved achieve emission reductions which

are at least equivalent to those which would be

achieved through the sulphur limits for fuels specified

in these regulations;

(e) there are proper waste management systems in place

for any waste generated by the emission abatement

methods throughout the trial period;

(f)

there is an assessment of impacts on the marine

environment, particularly Ecosystems in enclosed

ports, harbours and estuaries throughout the trial

period; and

(g) full results are provided to the Commission, and made

publicly available, within six months of the end of the

trials.

(1) Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or with any order lawfully given in terms

of any provision of these regulations; or

(b) he conspires with or aids, or abets, any other person by

whatever means, not to comply with any any provision

of these regulations or with any order lawfully given in

terms of any provision of these regulations.

(2) Any person who commits an offence against these

regulations shall, on conviction and unless otherwise specifically

provided elsewhere in these regulations, be liable to a fine (multa)

of not less than ten thousand euro (€10,000) but not exceeding

sixty-nine thousand eight hundred euro (€69,800) or to

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

such fine and imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle is held liable in the same

manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf, the revocation of the

permit issued by the public entity whichever it may be, and the

confiscation of the corpus delicti.

(3) The provisions of articles 23 and 30(1) of the Criminal Code

shall, mutatis mutandis, apply to proceedings, in respect of

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(4) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

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 of criminal judicature.

(5) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

The Regulator for Energy and Water Resources may

impose an administrative fine upon any person who infringes any

provision of these regulations or who fails to comply with any

directive or decision given by the Regulator in ensuring compliance

with these regulations.

QUALITY OF FUELS

0

- benzene

% v/v

-

1.0

Oxygen content

% m/m

3.7

Existent gum content

(solvent washed)

Oxygenates

- Methanol (stabilising agents must be

% v/v

3.0

added)

- Ethanol (stabilising agents must be

% v/v

10.0

added)

- Iso-propyl alcohol

% v/v

-

12.0

- Tert-butyl alcohol

% v/v

-

15.0

- Iso-butyl alcohol

% v/v

-

15.0

- Ethers containing five or more

% v/v

-

22.0

carbon atoms per Molecule

- Other oxygenates 5

% v/v

-

15.0

Sulphur content

Mg/kg

-

10.0

Lead content

g/l

-

0.005

Test methods shall be those specified in EN 228:2012+A1:2017. The competent authority

may adopt the analytical method specified in replacement EN 228:2012+A1:2017 standard if it

may be shown to give at least the same accuracy and at least the same level of precision as the

QUALITY OF FUELS

analytical method it replaces.

The values quoted in the specification are "true values". In the establishment of their

limit values, the terms of EN ISO 4259-1:2017/A1:2021 "Petroleum and related products –

Precision of measurement methods and results – Part 1: Determination of precision data in relation

to methods of test" have been applied and in fixing a minimum value, a minimum difference of 2R

above zero has been taken into account (R = reproducibility). The results of individual

measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/

A1:2019.

The Regulator for Energy and Water Services may decide to continue to permit the

marketing of unleaded regular grade petrol with a minimum motor octane number (MON) of

81 and a minimum research octane number (RON) of 91.

The summer period shall be taken to start on 1 May and end on 30 September

Provided that, limitedly for the year 2020, the start of the summer period shall be taken to

start from the 1st of July 2020 and end on 30 September 2020.

Other mono-alcohols and ethers with a final boiling point not higher than that stated in

EN 228:2012 +A1:2017.

QUALITY OF FUELS

0

-

kg/m (3)

Density at 15°C

-

845.0

Distillation

- 95% (v/v) recovered at

°C

-

360.0

Polycyclic aromatic hydrocarbons

%m/m

-

8.0

Sulphur content

mg/kg

-

10.0

Fatty Acid Methyl ester (FAME) content (8)

10.0 (3)

%v/v

-

Test methods shall be those specified in EN 590:2013+A1:2017. The competent authority

may adopt the analytical method specified in replacement EN 590:2013+A1:2017 standard if it

may be shown to give at least the same accuracy and at least the same level of precision as the

analytical method it replaces.

The values quoted in the specification are "true values". In the establishment of their

limit values, the terms of EN ISO 4259-1:2017/A1:2021 "Petroleum and related products –

Precision or measurement methods and results – Part 1: Determination of precision data in relation

to methods of test" have been applied and in fixing a minimum value, a minimum difference of 2R

above zero has been taken into account (R = reproducibility). The results of individual

measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/

A1:2019.

FAME shall meet the requirements of EN 14214