L.S. 499.34 Regolamenti dwar Sorveljar u Ħtieġa li jsiru Rapporti fit-Traffiku ta’ Bastimenti

(1)The purpose of these regulations is: (

1. i)to establish, in accordance with the provisions of Directive 2002/59/EC of the European Parliament and of the Council of 27th June 2002, as subsequently amended by Directive 2009/17/EC of the European Parliament and of the Council of 23 rd April 2009 and Directive 2011/15/EU of the European Commission of 23 rd February 2011, establishing a Community vessel traffic monitoring and information system with a view to enhancing the safety and efficiency of maritime traffic, improving the response of authorities to incidents, accidents or potentially dangerous situations at sea, including search and rescue operations, and contributing to a better prevention and detection of pollution by ships; (
2. ii)transpose the provisions of Directive 2010/65/EU of the European Parliament and of the Council of 20th October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC; (iii) transpose the provisions of Directive (EU) 2017/2109 of the European Parliament and of the Council of 15th November 2017 amending Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community and Directive 2010/ 65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States; and (
3. iv)transpose the provisions of Directive (EU) 2019/883 of the European Parliament and of the Council of 17th April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC. Citation. Purpose. Amended by: L.N. 506 of 2010; L.N. 449 of 2011; L.N. 333 of 2012; L.N. 333 of 2019; L.N. 328 of 2021. 2 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 Cap. 411. Application. Amended by: L.N. 506 of 2010.

(2)These regulations shall be without prejudice to any other law or instrument that relates to territorial waters and contiguous zone, the provision of search and rescue and the response in cases of "disaster" as described in the Civil Protection Act. 3.

(1)These regulations apply to ships of 300 gross tonnage and upwards, unless stated otherwise in these regulations.

(2)Unless otherwise provided, these regulations shall not apply to: (

1. a)warships, naval auxiliaries; (
2. b)ships owned or operated by the Government of a Member State which are used for non-commercial public service; (
3. c)fishing vessels, traditional ships, recreational craft with length of less than 45 metres; and (
4. d)bunkers on ships below 1,000 gross tonnage and ship’s stores and equipment for use on board all ships. Interpretation. Amended by: XV. 2009.49; L.N. 506 of 2010; L.N. 333 of 2012. 4.

(1)requires: In these regulations unless the context otherwise "agent" means any person mandated or authorized to supply information on behalf of the operator of the ship; Cap.

1. "the Armed Forces of Malta" means the regular force raised under the provisions of the Malta Armed Forces Act; Cap.
2. "the Authority" means the Authority for Transport in Malta established in terms of the Authority for Transport in Malta Act; "casualty" means a casualty within the meaning of the IMO Code for the Investigation of Marine Casualties and Incidents; "coastal station" means any of the following, designated in terms of these regulations: a vessel traffic service, a shore-based installation responsible for a mandatory reporting system or a body responsible for coordinating search and rescue, or operations to tackle pollution at sea; "the competent authority" means the authority appointed under regulation 5; Cap.
3. S.L. 499.12 "contiguous zone" has the same meaning as that assigned to it in article 3 of the Territorial Waters and Contiguous Zone Act; "dangerous goods" and "polluting goods" shall have the same m e a ni ng a s de f i ne d in th e Dan g e r ou s C a rgo Sh i ps, M a r i ne Terminals and Facilities and Bunkering Regulations; "electronic transmission of data" means the process of transmitting information that has been encoded digitally using a revisable structured format which can be used directly for storage and processing by computers; "FAL Convention" means the IMO Convention on Facilitation of International Maritime Traffic, adopted on 9 th April, 1965 as amended; "FAL forms" means the standardised forms as provided for in the VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 FAL Convention; "fishing vessel" means any vessel equipped for the commercial exploitation of living aquatic resources; "IMO guidelines on the fair treatment of seafarers in the event of a maritime accident" means the guidelines as annexed to resolution LEG. 3

(91)of the International Maritime Organisation Legal Committee of 27th April, 2006 and as approved by the Governing Body of the International Labour Organisation (ILO) in its 296th session of the 12th to the 16th June, 2006, in their updated versions; "IMO Resolution A.851

(20)" means International Maritime Organisation Resolution 851

(20)entitled "General principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and, or marine pollutants", in its updated version; "IMO Resolution A.917

(22)" means the International Maritime Organisation Resolution 917

(22)entitled "Guidelines for the onboard use of AIS", as amended by the International Maritime Organisation Resolution 956

(23), in its updated version; "IMO Resolution A.949

(23)" means the International Maritime Organisation Resolution 949

(23)entitled "Guidelines on places of refuge for ships in need of assistance", in its updated version; "IMO Resolution A.950

(23)" means the International Maritime Organisation Resolution 950

(23)entitled "Maritime assistance services (MAS)", in its updated version; "IM O Reso lu ti on M SC .28 6

(86)" m ean s t he Int ernat io nal Maritime Organisation Resolution 286

(86)entitled "Recommendations for Material Safety Data Sheets (MSDS) for MARPOL Annex 1 Oil Cargo and Oil Fuel", in its updated version; "ISM Code" means the International Safety Management Code; "law" means any law or instrument having the force of law; "LRIT" means a system for the long-range identification and tracking of ships in accordance with the provisions of regulation V/ 19-1 of the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended; "Maltese waters" means the ports, internal waters, territorial waters and contiguous zones of Malta; "maritime enforcement officer" has the same meaning as that assigned to it in the Territorial Waters and Contiguous Zone Act; "MARPOL" means the International Convention for the Prevention of Pollution from Ships, 1973 and the 1978 Protocol thereto; "the Minister" means the Minister responsible for shipping and ports; "operator" means the owner or manager of a ship; "owner", as regards a ship, means - Cap. 226. 3 4 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 (

1. i)the owner of the ship, or (
2. ii)any other organization or person such as the manager or the bareboat charterer who has assumed responsibility for the operation of the ship from the owner of the ship, and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Safety Management (ISM) Code; "related interests" means the interest of Malta directly affected or threatened and concerning, among others: (
3. i)maritime activities in the coastal areas, or in ports, including fishing activities; (
4. ii)the historical and tourist appeal of the area in question, including water sports and recreation; (iii) the health of the coastal population; (
5. iv)the cultural, aesthetic, scientific and educational value of the area; (
6. v)the conservation of biological diversity and the sustainable use of marine and coastal biological resources; (
7. vi)supply of water, energy and other resources; and (vii) the socio-economic interest of Malta. "reporting formalities" means the information set out in regulation 18 which must be provided for administrative and procedural purposes when a ship arrives in or departs from a port in Malta; "SafeSeaNet" means the Community maritime information exchange system developed by the Commission in cooperation with the Member States to ensure the implementation of Community legislation; "scheduled service" means a series of ship crossings operated so as to serve traffic between the same two or more ports, either according to a published timetable or with crossings so regular or frequent that they constitute a recognisable systematic series; "ship" means any sea-going vessel or craft; "ship in need of assistance" means, without prejudice to the provisions of the International Convention on Maritime Search and Rescue (SAR), 1979 in its up-to-date version, concerning the rescue of persons, a ship in a situation that could give rise to its loss or to an environmental or navigational hazard; Cap. 226. "territorial waters" has the same meaning as that assigned to it in article 3 of the Territorial Waters and Contiguous Zone Act; "traditional ships" means all kinds of historical ships and their replicas including those designed to encourage and promote traditional skill and seamanship, that together serve as living cultural monuments, operated according to traditional principles of seamanship and technique; VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 5 "vessel traffic service" means a service designed to improve the safety and efficiency of vessel traffic and to protect the environment, which has the capability to interact with the traffic and to respond to traffic shipping situations developing in Maltese waters.

(2)For the purposes of these regulations: (

1. a)"accident" means any accident or occurrence affecting the safety of a ship, including, without prejudice to the generality of the foregoing, any occurrence whereby a ship (
2. i)(
3. ii)(iii) (
4. iv)(
5. v)(
6. vi)is in collision, grounds, is damaged, malfunctions or breaks down, suffers the flooding or shifting of cargo, or suffers a defective hull or structural failure; (
7. b)"incident" means any incident on a ship which affects or could affect the safety of other ships, including, without prejudice to the generality of the foregoing, a failure or defect which affects or is likely to affect (
8. i)(
9. ii)(iii) (
10. iv)(
11. v)(
12. vi)the manoeuvrability or seaworthiness, the propulsion system, the steering gear, the electrical generating system, the navigation equipment, or the communications system, of the ship. 5.

(1)The competent authority responsible for ensuring the implementation of the provisions of these regulations, shall be the Authority for Transport in Malta.

(2)Without prejudice to sub-regulation

(1), the Armed Forces of Malta shall be the coastal station responsible to monitor shipping and receive information in terms of these regulations. Appointment of competent authorities. Amended by: XV. 2009.49; L.N. 506 of 2010.

(3)The competent authority responsible for the accommodation of ships in need of assistance is the Authority for Transport in Malta. 6.

(1)This regulation applies to a ship bound for a port or an anchorage in Malta or to enter the territorial waters to receive a service.

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

(1)shall notify the Authority of the information specified in sub-regulation

(3)at the times specified in subregulation

(4), and in such manner and in such format as required by the Authority, from time to time.

(3)The information referred to in sub-regulation

(2)shall include - Notification prior to entry into port or territorial waters. 6 [ S.L.499.34 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS (

1. a)the name, the call sign, the IMO identification number or the maritime mobile service identity number (MMSI) of the ship; (
2. b)the port of destination or the identified area in the territorial waters; (
3. c)the estimated time of arrival at the port of destination or in the territorial waters, the estimated time of departure from the port of destination referred to in paragraph (b); and (
4. d)the total number of persons on board the ship.

(4)The times referred to in sub-regulation

(2)are (

1. a)twenty-four hours before the arrival of the ship; or (
2. b)if the duration of the voyage is less than twenty-four hours, no later than the time of departure from the previous port; or (
3. c)as soon as possible after it becomes known that the ship is bound for that port.

(5)Where information has been notified in accordance with sub-regulation

(2), the master of the ship in question shall notify immediately the Authority of any changes to that information. S.L. 499.12 Exemptions from notification. Added by: L.N. 506 of 2010.

(6)Ships carrying dangerous or polluting goods shall comply with the notification obligations established in the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations. 6A.

(1)The Authority may exempt scheduled services performed between ports in Malta from the requirements laid down in regulation 6 if the following conditions are met: (

1. a)the person or company operating the scheduled services referred to in this regulation keeps and updates a list of ships concerned and sends it to the Authority; and (
2. b)for each voyage performed, the information listed in regulation 6

(3)is kept available for the Authority upon request. The person or company shall establish the internal system to ensure that the said information can be sent to the Authority, twenty-four hours a day and without delay, in such format and by such means as may be required by the Authority.

(2)The Authority may exempt scheduled services performed between a port in Malta and a port in another Member State or other coastal state from the requirements laid down in regulation 6 if the Authority agrees with the competent authority of the other state that such exemption is required and the conditions of subregulation

(1)are met.

(3)Any deviations from the estimated time of arrival at a port of destination or pilot station in Malta of three hours or more must be notified to the Authority in accordance with the requirements VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 7 laid down in regulation 6.

(4)The Authority reserves the right that if a person or company, which is operating a scheduled service and is exempted under sub-regulations

(1)and

(2), fails to meet any one of the established conditions, the Authority shall immediately withdraw the privilege of the exemption from the person or company concerned.

(5)For the purposes of this regulation: (

1. a)the service shall not be regarded as a scheduled service unless it is intended to be operated for a minimum of one month; (
2. b)exemptions to regulation 6 shall be limited to voyages of a scheduled duration of up to twelve hours; and (
3. c)exemptions shall only be granted to individual ships as regards a specific service. 7. The master of a ship shall, prior to entering the territorial waters, make all required reports, including reporting of deficiencies and shall ensure that, when the ship enters the territorial waters of Malta, the ship shall participate in and comply with the rules which apply in the territorial waters. Vessel traffic services within territorial waters. 8. The coastal station may request a ship beyond the territorial waters to provide additional information as may be relevant to the enhancing of shipping safety and the protection of the environment, or may request such ship to take certain measures. The ship should endeavour to comply with this request. Vessel traffic services outside territorial waters. 9. (
4. a)Any passenger ship, irrespective of its size, and all other ships, other than passenger ships, of 300 gross tonnage and more, calling at a port in Malta, shall be fitted with an automated identification system (AIS) in accordance with the technical and performance standards laid down in Chapter V of the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended: Provided that the provisions of this regulation shall not apply to: (
5. i)passenger ships below 15 metres in length overall or 300 gross tonnage engaged only in domestic voyages; (
6. ii)all other ships of 300 gross tonnage and more but less than 500 gross tonnage sailing exclusively within Maltese waters and outside the routes normally used by ships fitted with an AIS; and (iii) all other ships below 300 gross tonnage. (
7. b)Ships fitted with an AIS shall maintain it in operation at all times except where international agreements, rules or standards provide for the protection of navigational information. Automatic identification system and voyage data recorder system. Substituted by: L.N. 298 of 2007. Amended by: L.N. 506 of 2010; L.N. 449 of 2011. 8 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 (
8. c)Without prejudice to paragraph (a), any fishing vessel calling at a port in Malta having an overall length of more than 15 metres and which either flies the flag of a Member State and is registered in the Community, or operates in the internal or territorial waters of Malta, or lands its catch in any port of Malta, shall be fitted with an AIS (Class A) which meets the performance standards drawn up by the International Maritime Organisation (IMO), including, but not limited to, IMO Resolution A.917

(22): Provided that fishing vessels shall comply with the provisions of this regulation according to the following timetable: (

1. i)fishing vessels having an overall length of and exceeding 24 metres but less than 45 metres, by not later than 31st May, 2012; (
2. ii)fishing vessels having an overall length of and exceeding 18 metres but less than 24 metres, by not later than 31st May, 2013; (iii) fishing vessels having an overall length exceeding 15 metres but less than 18 metres, by not later than 31st May, 2014; and (
3. iv)new built fishing vessels having an overall length exceeding 15 metres, from 30th November, 2010: Provided further that fishing vessels equipped with AIS shall maintain it in operation at all times. AIS may only be switched off in exceptional circumstances where the master considers this to be necessary in the interest of safety or security of his vessel. (
4. d)(
5. i)Passengers ships, irrespective of their sizes, and all other ships, other than passenger ships, of 3,000 gross tonnage and more, engaged on international voyages calling at a port in Malta, shall be fitted with a voyage data recorder (VDR) in accordance with the technical and performance standards laid down in Chapter V of SOLAS: Provided that in case of cargo ships of 3,000 gross tonnage and more constructed before 1st July, 2002 the VDR may be the simplified voyage data recorder (S-VDR) which shall comply with the technical and performance standards developed in accordance with Chapter V of SOLAS. (
6. ii)Passenger ships, irrespective of their sizes, and all other ships, other than passenger ships, of 3,000 gross tonnage and more, constructed on or after 1st July, 2002, sailing exclusively within the Maltese waters, shall be fitted with a VDR which complies with the technical and VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 9 performance standards developed in accordance with Chapter V of SOLAS. (iii) Cargo ships of 3,000 gross tonnage and more constructed before 1st July, 2002, sailing exclusively within the Maltese waters, shall be fitted with a VDR or with an S-VDR which complies with the technical and performance standards developed in accordance with Chapter V of SOLAS. (
7. iv)The provisions of this regulation shall not apply to: (
8. a)the fitting of a VDR on passenger ships engaged on voyages in sea areas other than those covered by Class A, as referred to in Article 4 of Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships; (b the fitting of a VDR on ships, other than ro-ro passenger ships, constructed before 1st July, 2002 where it can be demonstrated that interfacing a VDR with the existing equipment on the ship is unreasonable and impracticable; and (
9. c)the fitting of an S-VDR on cargo ships constructed before 1st July, 2002, whether engaged on international voyages or exclusively in the Maltese waters, if such ships are to be taken permanently out of service within two years of the implementation date specified in Chapter V of SOLAS. (
10. e)Data which has been collected from VDR and S-VDR systems shall be made available to the competent authority to be properly analysed as part of an investigation following a casualty within the territorial waters of Malta. The findings of such an investigation shall be published as soon as possible after its conclusion. (
11. f)Any ship calling at a port in Malta to which regulation V/19-1 of the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended, and the performance standards and functional requirements adopted by the International Maritime Organisation (IMO) apply, shall carry LRIT equipment complying with that regulation. 10.

(1)Ships meeting the criteria set out below shall be considered to be ships posing a potential hazard to shipping or a t h r e a t t o m a r i t i m e s a f e t y, t h e s a f e t y o f i n d i v i d u a l s o r t h e environment: (

1. a)ships which in the course of their voyage: Transmission of information concerning certain ships. Amended by: L.N. 153 of 2006; L.N. 506 of 2010. 10 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 (
2. i)have been involved in incidents or accidents at sea as referred to in regulation 11; or (
3. ii)have failed to comply with the notification and reporting requirements imposed by these regulations; or (iii) have failed to comply with any applicable rules in a Member State; (
4. b)ships in respect of which there is proof or presumptive evidence of deliberate discharges of oil or other infringement of the MARPOL Convention in waters under the jurisdiction of a Member State; (
5. c)ships which have been refused access to ports of the Member States or which have been the subject of a report or notification by a Member State in accordance with Annex I-1 to the Council Directive 95/21/EC of the 19th June, 1995 on port State control of shipping; (
6. d)ships which have failed to notify, or do not have, insurance certificates or financial guarantees pursuant to any legislation of Malta, Community legislation and international rules; (
7. e)ships which have been reported by pilots or a port authority of a Member State as having apparent anomalies which may prejudice their safe navigation or create a risk for the environment.

(2)The coastal station in Malta holding relevant information on ships referred to in sub-regulation

(1), shall communicate such information to the coastal stations of the other Member States located along the planned route of the ship.

(3)The Authority shall ensure that any information on ships referred to in sub-regulation

(2)communicated to it by a coastal station, is transmitted to any relevant body or authority in Malta. Reporting of incidents and accidents at sea. Amended by: L.N. 506 of 2010. 11.

(1)Without prejudice to international law, when a ship is involved in an accident, an incident or a pollution event, the master of that ship shall immediately send to the coastal station responsible for the area in which occurred the accident, incident or pollution event, as the case may be, by the quickest means available the information specified in sub-regulation

(2)If (

1. a)a slick of polluting goods; or (
2. b)containers or packages drifting at sea; or (
3. c)any other material which may pose a pollution or a safety hazard, are seen from a ship in territorial waters and contiguous zone, the master of that ship shall immediately send to the coastal station responsible for the area in which the sighting occurred by the quickest means available details of the sighting and the information specified in sub-regulation

(3)(a),(b) and (h). VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34

(3)The information referred to in sub-regulation

(1)shall include: (

1. a)the identity of the ship; (
2. b)the position of the ship; (
3. c)the last port from which the ship departed; (
4. d)the next port of call; (
5. e)the number of persons aboard the ship; (
6. f)the date on which and the time at which, the accident, the incident or the polluting event, as the case may be, occurred; (
7. g)details of the accident, the incident or the polluting event, as the case may be; (
8. h)the name of the body or person from whom detailed information regarding any dangerous goods or polluting goods on board the ship may be obtained, together with the necessary information, to enable that person or body, as the case may be, to be contacted; and (
9. i)any other relevant information referred to in IMO Resolution A.851

(20).

(4)The coastal station responsible for the area in which the accident, incident or polluting event occurred, as the case may be, shall take all the necessary measures to notify the Authority and to broadcast within the relevant areas such accident, incident or polluting event notified to it under sub-regulation

(1), and the information regarding any ship that poses a threat to the maritime safety, the safety of individuals or the environment.

(5)The Authority and the coastal station shall make adequate arrangements to provide the information notified to them according to regulations 6

(6)and 11

(1)at any time upon request for safety reasons by the competent authority of another Member State.

(6)The Authority or the coastal station shall, when they have been informed pursuant to these regulations or in some other way of facts which involve or increase the risk for another Member State of a hazard being posed to certain shipping areas and coastal zones, take all the appropriate measures to inform any interested Member State thereof as soon as possible and consult it regarding the action being envisaged. Furthermore, the Authority and the coastal station shall cooperate with such Member State with a view to pooling arrangements for joint action.

(7)In this regulation "polluting event" means an event or situation likely to result in the pollution of Maltese waters or the coast li ne of Mal ta, in clu din g, but w it ho ut preju di ce t o th e gen eral it y of th e fo re go in g, th e di sch arg e, or t h e t hrea t of discharge, of polluting goods into the sea. 11 12 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 Measures to be taken in the event of exceptionally bad weather or sea conditions. 12.

(1)This regulation applies whenever the Authority is of the opinion, based on the sea state and weather forecast information provided to it by a meteorological office, that there is (

1. a)a serious threat of pollution in Maltese waters or the shipping zones or coastal areas of any other member state; or (
2. b)a risk to human life or property, as a result of exceptionally bad weather or sea conditions.

(2)Whenever possible, the Authority shall provide to the master of every ship which intends to enter or leave a port in a relevant area, full details of (

1. a)the weather and sea conditions; and (
2. b)the danger such weather and sea conditions may cause to (
3. i)the ship, or (
4. ii)to any persons or cargo on board the ship.

(3)Without prejudice to any such measures to be taken to give assistance to ships in difficulty, the Authority may take such measures as it considers appropriate in all the circumstances until it considers that there no longer exists such a serious threat of pollution or a risk to human life or property as described in subregulation

(1).

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

(3), the measures which the Authority may take, include a recommendation or a prohibition described in sub-regulation

(5)to a ship in, or about to enter or leave, the port, anchorage or territorial waters.

(5)The recommendation or the prohibition referred to in subregulation

(4)is (

1. a)a recommendation for such ship (
2. i)to enter or leave a port, anchorage or any other sheltered area; or (
3. ii)not to enter or leave a port or anchorage; (
4. b)a prohibition for such ship (
5. i)to enter or leave a port or anchorage; or (
6. ii)to carry out bunkering or any other operations; or (iii) not to carry out bunkering or any other operations. until the Authority is of the opinion that there is no longer a serious threat of pollution or a risk to human life or property as described in sub-regulation

(1). S.L. 499.12

(6)All bunkering operations shall be carried out in compliance with the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations.

(7)A recommendation or a prohibition given pursuant to this VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 13 regulation (

1. a)shall be given to the master of such ship by the quickest means available; and (
2. b)if not given in writing, shall be confirmed in writing as soon as is reasonably practical.

(8)Where the Authority takes any measures pursuant to subregulation

(3), including the giving of a recommendation or a prohibition pursuant to this regulation, the master of the ship in question shall immediately inform the owner of that ship by the quickest means available of the measures, the recommendation, the prohibition or the opinion, as the case may be.

(9)If, as a result of the exercise of his professional judgement, the master decides not to act in accordance with (a) any measures taken pursuant to sub-regulation

(3); or (b) a recommendation or a prohibition given pursuant to this regulation, the master shall inform the Authority of the reasons for not so acting.

(10)In this regulation (

1. a)"relevant area" means an area in Maltese waters affected by exceptionally bad weather or sea conditions; (
2. b)"professional judgement" means professional judgement as regards matters relating to safe navigation, safety of life or the protection of the marine environment. 13.

(1)In the event of incidents or accidents at sea as referred to in regulation 11, the operator, the master of the ship and the owner of the dangerous or polluting goods carried on board must, in accordance with national and international law, cooperate fully w i t h t h e A u t h o r i t y, a t t h e l a t t e r ’s r e q u e s t , w i t h a v i e w t o minimizing the consequences of an incident or accident at sea. To this end, they shall communicate to the Authority and, or the coastal station, on request, the following information: (

1. a)the correct technical names of the dangerous or polluting goods, the United Nations (UN) numbers where they exist, the IMO hazard classes in accordance with the IMDG, IBC and IGC Codes and, where appropriate, the class of the ship needed for INF cargoes as defined in Regulation VII/14.2, the quantities of such goods and, if they are being carried in cargo transport units other than tanks, the identification number thereof; (
2. b)for the substances referred to in Annex 1 to MARPOL, the safety data sheet detailing the physico-chemical characteristics of the products, including, where applicable, their viscosity expressed in cSt at 50ºC and their density at 15ºC and the other data contained in Measures in the event of incidents or accidents at sea. Amended by: L.N. 506 of 2010. 14 [ S.L.499.34 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS the safety date sheet in accordance with IMO Resolution MSC.286

(86); (

1. c)the address from which detailed information on the cargo may be obtained; and (
2. d)the emergency numbers of the shipper or any other person or body in possession of information on the physico-chemical characteristics of the products and on the action to be taken in an emergency.

(2)A master to whom this regulation applies shall inform the owner of such ship, by the quickest means possible, of any accident or incident at sea in which the ship is involved or which affects the ship, as soon as possible after the accident or incident occurs.

(3)When the operator of a ship is informed by the master of that ship of an accident or incident at sea either in accordance with the ISM Code or in accordance with sub-regulation

(2), such owner shall (

1. a)inform the Authority and the coastal immediately of the accident or incident; and station (
2. b)give such assistance as may be reasonably required by the relevant authority.

(4)In accordance with all the applicable laws and regulations, the Authority shall take into account the relevant provisions of the IMO guidelines on the fair treatment of seafarers in the event of a maritime accident in the waters under the jurisdiction of Malta. Measures to be taken for ships in need of assistance or in the event of a threat to maritime safety and the protection of the environment. Added by: L.N. 506 of 2010. Amended by: L.N. 449 of 2011. 14.

(1)Where, following an accident, an incident or polluting event according to regulation 11, or the accommodation of ships in need of assistance has arisen, the Authority deems, within the framework of international law, that it is necessary to avert, lessen or remove a serious and imminent threat to the Maltese coastline or related interests, or to the safety of other ships and their crews and passengers or to persons on shore, or to protect the marine environment, the Authority may, inter alia, take any one of the following non-exhaustive measures: (

1. a)restrict the movement of the ship or direct it to follow a specific course: Provided that this requirement does not affect the master’s responsibility for the safe handling of his ship; (
2. b)give official notice to the master of the ship to put an end to the threat to the environment or maritime safety; (
3. c)send an evaluation team aboard the ship to assess the degree of risk, help the master to remedy the situation and keep the coastal station informed thereof; and (
4. d)instruct the master to enter in a place of refuge in the event of imminent peril, or cause the ship to be piloted or towed.

(2)In the case of a ship which is towed under a towage or VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 15 salvage agreement, the measures taken by the Authority under subregulation

(1)(

1. a)and (
2. d)may also be addressed to the assistance, salvage and towage companies involved. 15.

(1)The Authority shall draw up plans for the accommodation of ships in order to respond to threats presented by ships in need of assistance in the waters under the jurisdiction of Malta, including, where applicable, threats to human life and the environment. Plans for the accommodation of ships in need of assistance. Added by: L.N. 506 of 2010.

(2)The plans referred to in sub-regulation

(1)shall be prepared after consultation with the stakeholders and parties concerned, on the basis of IMO Resolutions A.949

(23)and A.950

(23), and shall contain at least the following: (

1. a)the identity and contact addresses of the authorities or entities responsible for receiving and handling alerts; (
2. b)the identity and contact address of the competent authority for assessing the situation and taking a decision on acceptance or refusal of a ship in need of assistance in the place of refuge selected; (
3. c)information on the coastline of Malta and all elements facilitating a prior assessment and rapid decision regarding the place of refuge for a ship, including a description of environmental, economic and social factors and natural conditions; (
4. d)the assessment procedures for acceptance or refusal of a ship in need of assistance in a place of refuge; (
5. e)the resources and installations suitable for assistance, rescue and combating pollution; (
6. f)procedures for international decision-making; and coordination and (
7. g)the financial guarantee and liability procedures in place for ships accommodated in a place of refuge.

(3)The Authority shall communicate on request the relevant information concerning plans for accommodating ships in need of assistance to neighbouring Member States of Malta.

(4)The Authority shall ensure that in implementing the procedures provided for in the plans for accommodating ships in need of assistance, the relevant information is available to the parties involved in the operations. 16.

(1)The Authority shall decide on the acceptance of a ship in a place of refuge following the prior assessment of the situation carried out on the basis of the plans referred to in regulation 15.

(2)The Authority shall ensure that ships are admitted to a place of refuge if it considers such an accommodation the best course of action for the purposes of the protection of human life or the environment. Decision on the accommodation of ships in need of assistance. Added by: L.N. 506 of 2010. 16 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 Financial security and compensation. Added by: L.N. 506 of 2010. 17.

(1)The absence of an insurance certificate within the meaning of Article 6 of Directive 2009/20/EC of the European Parliament and of the Council of 23rd April, 2009 on insurance of shipowners for maritime claims shall not exonerate the Authority from the preliminary assessment and decision referred to in regulation 16; and shall not in itself be considered a sufficient reason for the Authority to refuse to accommodate a ship in a place of refuge.

(2)Without prejudice to sub-regulation

(1), when accommodating a ship in a place of refuge, the Authority may request the ship’s operator, agent or master to present an insurance certificate within the meaning of Article 6 of Directive 2009/20/ EC. The act of requesting such certificate shall not lead to a delay in accommodating the ship. Maritime information system, electronic transmission and exchange of data. Added by: L.N. 506 of 2010. Substituted by: L.N. 333 of 2012. Amended by: L.N. 333 of 2019; L.N. 328 of 2021. 18.

(1)A maritime information management system shall be e s t a b l i s h e d to p r oc e s s th e i n fo rm at i o n r e f e r r e d t o i n t h e s e regulations and in the Directives referred to in regulation 2, as amended.

(2)This information management system shall work as a single window. The fulfilment of reporting formalities in electronic format and their transmission via the single window shall take place not later than 1st June, 2015.

(3)The single window shall be the place where all information is reported once and made available to the various national authorities.

(4)Without prejudice to the relevant format set out in the FAL Convention, the electronic format shall comply with the provisions of this regulation: Provided that the FAL forms shall be accepted for the fulfilment of the reporting formalities; Provided further that the category of reporting formalities includes the information which shall be provided in accordance with the FAL Convention and other relative international legal instruments and the applicable forms are: (

1. i)FAL form 1: General Declaration; (
2. ii)FAL form 2: Cargo Declaration; (iii) FAL form 3: Ship’s Stores Declaration; (
3. iv)FAL form 4: Crew’s Effects Declaration; (
4. v)FAL form 5: Crew List; (
5. vi)FAL form 6: Passenger List; (vii) FAL form 7: Dangerous Goods; and (viii) Maritime Declaration of Health: Provided further that ships falling with the scope of these regulations and operating between ports situated in the customs territory of the European Union, but which do not come from, call at or are headed towards a port situated outside the territory or a free zone subject to type I controls under customs legislation, are VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 exempt from the obligation of sending the information referred to in the FAL forms listed under these regulations, without prejudice to t he appl icable l egal acts o f t he E uro pean Un ion an d th e possibility of a Member State to request the information in such FAL forms which is necessary to protect internal order and security and to enforce customs, fiscal, immigration, environmental or sanitary laws; Provided further that the information required in accordance with the provisions of an applicable legal act of the European Union and local legislation in force from time to time can only be provided in paper format until 1 st June, 2015.

(5)Where reporting formalities are required by an applicable legal act of the European Union and local legislation in force from time to time and to the extent necessary for the good functioning of the single window, the maritime information management system shall be compatible, connectable and interoperable with the SafeSeaNet system adopted by the Commission and, where applicable and through collaboration and cooperation from and with the relevant national authorities, with the computer systems stipulated in Decision No. 70/2008/EC of the European Parliament and of the Council of the 15 th January, 2008 on a paperless environment for customs and trade.

(6)The Authority shall cooperate with other competent authorities of other Member States to ensure the interconnection and interoperability of their respective systems and to develop and update SafeSeaNet.

(7)The maritime information management system shall: (a) ensure that the data exchange is electronic and enable messages notified in accordance with regulation 6

(6)to be received and processed; (

1. b)allow information to be transmitted twenty-four hours a day; and (
2. c)upon request, through SafeSeaNet, and if needed for the purpose of maritime safety or security or the protection of the maritime environment, is able to send information on the ship and the dangerous or polluting goods on board to the national and local competent authorities of another Member State without delay.

(8)Furthermore, it shall be ensured that: (

1. a)the information received in accordance with the reporting formalities provided in an applicable legal acts of the European Union and local legislation in force from time to time is made available in the maritime information system and shall make the relevant parts of such information available to other Member States through such system: Provided that, unless otherwise provided by these regulations or any other legislation, this does not apply to the information received pursuant to Regulation (EEC) No. 2913/92, Regulation (EEC) No. 2454/93 17 18 [ S.L.499.34 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS laying down provisions for the implementation of Council Regulation (EEC) No. 2913.92, Regulation (EC) No. 562/2006 and Regulation (EC) No. 450/ 2008; and (
2. b)the information received through the maritime information system is available upon request to the relevant national authorities.

(9)For the purposes of this regulation and regulation 19, "legal act of the Union" means: S.L. 499.12. (

1. a)Directive 2002/59/EC of the European Parliament and of the Council of 27th June 2002 establishing a Community vessel traffic monitoring and information system, as transposed by these regulations and the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations; (
2. b)Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15th March 2006 establishing a Community Code on the rules governing the movement of persons across borders; S.L. 499.71. S.L. 499.35. (
3. c)Directive (EU) 2019/883 of the European Parliament and of the Council of 17th April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/ 59/EC, as transposed by the Port Reception Facilities for the Delivery of Waste from Ships Regulations; (
4. d)Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31st March 2004 on enhancing ship and port facility security, as transposed by the Ports Security Regulations; (
5. e)Regulation (EEC) No. 2913/92 of 12th October, 1992 establishing the Community Customs Code and Regulation (EC) 450/2008 of the European Parliament and of the Council of 23rd April 2008 laying down the Community Customs Code (Modernised Customs Code); and S.L. 234.58. Information. Added by: L.N. 506 of 2010. Substituted by: L.N. 333 of 2012. (
6. f)Council Directive 98/41/EC of 18th June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community, as transposed by the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations. 19. In accordance with all the applicable legal acts of the European Union and local legislation in force from time to time, it shall be ensured that: (
7. a)all the necessary measures are adopted to ensure the confidentiality of commercial and other confidential information sent pursuant to these regulations; VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 19 (
8. b)particular care is taken to protect the commercial data collected according to the provisions of these regulations; (
9. c)compliance with the requirements of any legal acts of the European Union and local legislation in force from time to time with respect to the protection of personal data is observed at all times; and (
10. d)such information is used in compliance with these regulations. 20.

(1)There shall be established a Maritime Safety and Pollution Prevention Committee (hereinafter referred to as "the Committee") to advise and make recommendations to the Authority on general ways of dealing with (

1. a)a ship involved in an accident, an incident or a pollution event; (
2. b)an evaluation of the risks involved if such accident, incident or pollution event affects or threatens the related interests or the economy of Malta; and (
3. c)the co-ordination of responding to such accident, incident or pollution event, in the case the Authority decides that it should take appropriate measures with a view to minimizing the consequences of an incident or accident at sea.

(2)The following senior public officials shall be ex officio members of the Committee: (

1. a)the Permanent Secretary in the Ministry responsible for shipping and ports, who shall be the Chairman; (
2. b)the Chairman of the Authority; (
3. c)(revoked as a result of Act XV. 2009.49.); (
4. d)the Commander of the Armed Forces of Malta; (
5. e)the Commissioner of Police; (
6. f)the Director of the Civil Protection Department; and (
7. g)the Director-General, Malta Environment and Planning Authority: Provided that the Minister may appoint other persons as m e m b e r s o f t h e Co m m i t t e e w h o a p p ea r t o h i m t o h a v e t h e experience and to have shown the capacity in matters relating to maritime safety and oil pollution prevention and control.

(3)If any vacancy in the Committee occurs on account of death, resignation or for any other cause, the vacancy shall be filled by the senior public official acting or deputizing for the positions described in sub-regulation

(2): Provided that the Committee and the members thereof may continue to act notwithstanding any such vacancy.

(4)The Committee shall appoint a deputy Chairman who shall act instead of the Chairman whenever the Chairman is absent from a meeting of the Committee or is unable for any reason to act as Maritime Safety and Pollution Prevention Committee. Re-numbered by: L.N. 506 of 2010. 20 VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS [ S.L.499.34 Chairman.

(5)Notwithstanding any other provision of this regulation, the Minister may at any time terminate the appointment of an appointed member, if, in his opinion, such appointed member is unfit to continue in office or has become incapable of properly performing his functions.

(6)The Chairman of the Committee shall, from time to time, appoint a secretary to the Committee.

(7)The Committee shall meet as often as necessary, but in no case less frequently than once in every three calendar months.

(8)The Committee may to co-opt members to the Committee and to decide on the composition and terms of reference of subcommittees or of expert groups to which it can give special tasks.

(9)The Committee shall regulate its own procedures.

(10)In those cases where the Authority fails to deem it, or does not deem it, appropriate, or does not agree with the advices and recommendations of the Committee, it shall provide the Minister wi th all relativ e i nform ation and j usti fication im mediately following the receipt of such advices and recommendations. Offences and penalties. Amended by: L.N. 425 of 2007. Re-numbered by: L.N. 506 of 2010. 21.

(1)Any person who fails to comply with any of the requirements prescribed in these regulations shall, for a first offence and on conviction, be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eghtyseven cents (€11,646.87) for each such offence, and in the case of a continuing offence or offences, to a further fine not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) for each offence for every day or part thereof during which such offence or offences continue: Provided also that the court shall order to whoever is convicted of an offence against these regulations, to pay those expenses that the competent authority, or any other person or party, has incurred as a result of that offence.

(2)It shall also be lawful for the court, in the case of any contravention committed by the operator or master of a ship to order the detention of the ship for a time not exceeding three months at the expense of the operator.

(3)Where any offence against the provisions of these regulations is committed by a body of persons or body corporate, every person who at the time of the commission of the offence was a director, manager or other similar officer of such body of persons or body corporate, or was purporting to act in any such capacity, shall be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence. Cap. 9.

(4)Proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS before the said courts as courts of criminal jurisdiction. [ S.L.499.34 21