L.S. 499.35 Regolamenti dwar is-Sigurtà fil-Portijiet

(1)The purpose of these regulations is to: (

1. a)enable Malta to enhance ship and port security by meeting its obligations arising from the International Convention for the Safety of Life at Sea (SOLAS); Citation. Purpose. Amended by: L.N. 3 of 2008; L.N. 329 of 2012. (
2. b)bring into effect the provisions of the Directive 2005/ 65/EC of the European Parliament and of the Council of the 26 th October, 2005 enhancing port security; and (
3. c)transpose the provisions of Directive 2010/65/EU of the European Parliament and of the Council of the 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.

(2)These regulations shall be read and construed together with the Regulation (EC) No. 725/2004 of the European Union and of the Council on enhancing ship and port facility security and in case of conflict between these regulations, the Annex to the Convention and the EC Regulation, the provisions of the latter instrument shall prevail. 3.

(1)These regulations apply to: (

1. a)the following types of ships: (
2. i)passenger ships, including high-speed passenger craft, engaged on international voyages; (
3. ii)cargo ships, including high-speed craft, of 500 gross tonnage or more engaged on international voyages; (iii) mobile offshore drilling units; and (
4. iv)any ship as described in paragraphs (
5. i)to (iii) engaged in domestic shipping to which these regulations would apply following a mandatory security risk assessment; and (
6. b)port facilities within the internal and territorial waters of Malta that serve a ship, or a mobile offshore drilling unit, of a type specified in paragraph (a); (
7. c)ports in which one or more port facility, specified in paragraph (b), is or are situated, but shall not apply to military installations located in these ports. Application. Amended by: L.N. 3 of 2008. 2 [ S.L.499.35

(2)PORTS SECURITY These regulations do not apply to: (

1. a)warships and troopships; or (
2. b)naval auxiliaries; or (
3. c)other ships that are used on Government noncommercial service; or (
4. d)pleasure craft; or (
5. e)ships not propelled by mechanical means; or (
6. f)wooden ships of primitive built; or (
7. g)fishing vessels; or (
8. h)ships not engaged in commercial activities. Interpretation. Amended by: L.N. 3 of 2008; XV. 2009.49; L.N. 104 of 2023. Cap. 234. Cap. 499. 4. In these regulations, unless the context otherwise requires: "appropriate inspector" means an inspector appointed in terms of the Merchant Shipping Act; "the Authority" means the Authority for Transport in Malta established in terms of the Authority for Transport in Malta Act; "authorised person" means: (
9. a)an officer acting on a direction of the Authority; or (
10. b)a member of the police; or (
11. c)a Customs officer; or (
12. d)a member of the Armed Forces of Malta; "the certificate" means a valid International Ship Security C e r t i f i c a t e i s s u e d i n t e r m s o f t h e C od e , o r a v a l i d I n te r i m International Ship Security Certificate issued in terms 19.4 of the Code; "clear grounds" are those grounds as defined in Part B of the Code; "the Code" means the International Code for the Security of Ships and of Port Facilities, as adopted, on the 12th December, 2002 by resolution 2 of the Conference of Contracting Governments to the Convention, and as may be amended by the International Maritime Organisation; "company" means the owner of the ship or any other organisation or person, such as the manager or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code; Cap. 314. Cap. 37. "the Convention" means the International Convention for the Safety of Life at Sea (SOLAS), as amended, in the International Convention for the Safety of Life at Sea (Ratification) Act; "customs officer" has the same meaning as is given in the Customs Ordinance; "declaration of security" means an agreement between a ship and PORTS SECURITY [ S.L.499.35 a port facility, or another ship, with which it interfaces, that specifies the security measures each must implement; "designated authority" means the authority appointed under regulation 5, and the term "competent authority for maritime security" that appears in the EC regulation shall be construed accordingly; "focal point for port security" means the body designated as the focal point for maritime security; "focal point for maritime security" means the body designated under regulation 7; "high-speed craft" has the same meaning as defined in regulation XII.2 of the Convention; "in writing" means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or email or other electronic means; "International Safety Management Code" means the International Mana gem ent C ode f or t he Safe Op erat io n of S hi ps and f or Pollution Prevention adopted by the International Maritime Organisation by Resolution A.741

(18), as amended from time to time by the International Maritime Organisation; "maritime security" means the combination of preventive measures intended to protect shipping and port facilities against threats of intentional unlawful acts; "master" has the same meaning as in the Merchant Shipping Act; "the Minister" means the Minister responsible for ports; "mobile offshore drilling unit" means a mechanically propelled unit or vessel that is capable of engaging in drilling operations for the exploration for, or exploitation of, resources beneath the seabed, such as liquid or gaseous hydrocarbons, sulphur, or salt; "passenger ship" means a ship that carries more than twelve passengers; "port" means, for the purposes of these regulations, the ports listed in the Sixth Schedule; "port facility" means a location, as determined by the Authority, where the ship-port interface takes place, including areas such as anchorages, waiting berths and approaches from seaward as appropriate; "port facility operator" means: (

1. a)the owner of the port facility; or (
2. b)if the owner is not responsible for the management of the port facility (
3. i)the manager of the port facility; or (
4. ii)any other person, who is, for the time being, responsible for the management of the port facility; "port facility security officer" means the person designated by Cap. 234. 3 4 [ S.L.499.35 PORTS SECURITY the port facility operator as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with the ship security officer and the company security officer; "port facility security plan" means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ship’s stores within the port facility from the risks of a security incident; "port security authority" means the authority appointed under regulation 5; "port security area" means an area designated under regulation 36 as a port security area; "port service provider" means any operator who is involved in a ship-port interface but who is not a port facility operator, and shall include the following: (
5. a)commercial vessel operators; (
6. b)cargo handling operators; (
7. c)mooring operators; (
8. d)pilotage service operators; and (
9. e)towage operators; "port service provider security officer" means the person designated by the port service provider as responsible for the development, implementation, revision and maintenance of the port service provider security plan and for liaison with the ship security officer, port facility security officer and the company security office, as applicable; "recognised security organisation" means an organisation with appropriate expertise in security matters and with appropriate knowledge of ship and port operations that is authorised by the Authority to carry out an assessment, a verification, or an approval or certification activity required by Chapter XI-2 of the Annex to the Convention or by Part A of the Code: P r o v i d e d t h a t r e c o g n i s e d s e c u r i t y o rg a n i s a t i o n s m a y b e appointed by the designated authority to carry out port security assessments and port security plans if they fulfil the conditions established in the Fourth Schedule; "scheduled service" means a series of sailing organized in such a way as to provide a service linking two or more port facilities (
10. a)either on the basis of a published timetable; (
11. b)or with a regularity or frequency such as to constitute a recognizable systematic service; "security incident" means any suspicious act or circumstance threatening the security of any (
12. a)ship, including a mobile offshore drilling unit and high-speed craft; or (
13. b)port facility; or PORTS SECURITY [ S.L.499.35 (
14. c)mobile offshore drilling unit; or (
15. d)ship-port interface; or (
16. e)ship-to-ship activity; "security level" means the quantification of the degree of risk that a security incident will be attempted or will occur; "security level 1" means the level for which minimum appropriate protective security measures must be maintained at all times; "security l evel 2" means the l eve l fo r w hi ch ap prop ri at e additional protective security measures must be maintained for a period of time as a result of heightened risk of a security incident; "security level 3" means the level for which further specific protective security measures must be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target; "ship" means every description of boat or craft used in navigation, and includes: (
17. a)a barge, lighter, or other like vessel; (
18. b)a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates; (
19. c)a submarine or other submersible; (
20. d)a high-speed craft; and (
21. e)a mobile offshore drilling unit that is not on location; "ship-port interface" means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods, or the provisions of port services to or from the ship; "ship security officer" means the person on board the ship who is accountable to the master and designated by the company as responsible for the security of the ship, including the implementation and maintenance of the ship security plan, and for liaison with the port facility security officer; "ship security plan" means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship’s stores, or the ship from the risks of a security incident; "ship-to-ship activity" means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another; "ship’s administration" means the government of the State in which the ship is registered. 5 6 [ S.L.499.35 Appointment of the designated authority. Substituted by: L.N. 3 of 2008. Amended by: XV. 2009.49. Functions and duties of designated authority. Amended by: L.N. 3 of 2008. PORTS SECURITY 5. The designated authority responsible for ensuring the implementation of the provisions of these regulations shall be the Authority for Transport in Malta. 6. The designated authority shall (
22. a)establish procedures to ensure that: (
23. i)appropriate measures are taken to protect information which is subject to the requirement of confidentiality to which it has access or which is communicated to it by a Member State; and (
24. ii)any personnel carrying out security inspections, or handling confidential information related to these regulations has the appropriate level of security vetting by the Member States of the nationality of the personnel concerned; (
25. b)ensure that with respect to ports to which these regulations apply that port security plans, based on the findings of port security assessment, are prepared, approved and implemented; (
26. c)ensure that with respect to each port facility within the ports and territorial limits of Malta that (
27. i)port facility security assessments are carried out, reviewed, and approved; and (
28. ii)port facility security plans are developed, implemented, maintained and approved; (
29. d)specify the appropriate security level for port facilities within the internal and territorial limits of Malta; (
30. e)specify and communicate the measures that must be addressed in a port facility security plan; (
31. f)determine (
32. i)whether a declaration of security is required; and (
33. ii)the requirements for any declaration of security; (
34. g)approve (
35. i)any port facility security assessment carried out by a recognized security organisation; (
36. ii)any port facility security plan; and (iii) any amendment to an approved port facility security plan that is specified in these regulations as requiring the approval of the designated authority; (
37. h)exercise control measures; (
38. i)for the purpose of providing further information, publish standards and codes of practice; (
39. j)authorise recognised security organisations; and (
40. k)undertakes any other functions or duties specified in [ S.L.499.35 PORTS SECURITY 7 these regulations. 7.

(1)The Ministry responsible for shipping and ports shall be the focal point for maritime security. Focal point.

(2)The duties and functions of this focal point shall be to serve as a contact point for Malta and other states and to facilitate, follow up and inform on the application of the maritime security measures laid down in these regulations. 8. There shall be established an inter-ministerial Committee to be designated the Maritime Security Committee (hereinafter referred to as "the Committee"). Establishment of the Maritime Security Committee. 9. Subject to the provisions of these regulations, it shall be the duty of the Committee to - Duties of the Maritime Security Committee. (

1. a)advise the designated authority and competent authorities on the development, maintenance and promotion of an effective system of maritime security (seaports, ships and related matters pertaining to all relevant security regulations and directives); (
2. b)develop the necessary strategies and policies to reach all international and national obligations and relevant objectives related to maritime security in general; (
3. c)develop the necessary directives for the effective response and support to any potential level three threat; (
4. d)develop contingency plans and procedures relevant to national maritime incidents; (
5. e)establish policies and schedules for drills, exercises and testing of all contingency plans and procedures, as well as all relevant coordination, training and support for such measure; (
6. f)coordinate and activate all the necessary resources to implement all the above mentioned measures related to the deliberations that fall within the competencies of this Committee; and (
7. g)undertake any regulations. other issue prescribed in these 10.

(1)The following members of the Committee shall, on an ex officio basis, be appointed by the Minister and shall be (a) the Permanent Secretary responsible for ports; (b) three

(3)senior officials of the Authority for Transport in Malta, being the Director for Port Security, the Chief Officer Ports & Yachting and the Registrar-General of Shipping and Seamen; (

1. c)the Commander of the Armed Forces of Malta; (
2. d)the Commissioner of Police; (
3. e)the Comptroller of Customs; and (
4. f)the Director General of Civil Protection: Composition and procedure of the Maritime Security Committee. Amended by: XV. 2009.49; L.N. 104 of 2023. 8 [ S.L.499.35 PORTS SECURITY Provided that the Minister may appoint other persons as m em b e r s o f t h e C o m m i t t e e w h o a p p e a r t o h i m t o h a v e t h e experience and to have shown the capacity in matters relating to maritime security.

(2)The Minister shall be the Chairman of the Committee.

(3)The Permanent Secretary responsible for ports shall be the Deputy Chairman of the Committee who shall act instead of the Chairman whenever the Chairman is absent from a meeting of the Committee or is unable for any reason to act as Chairman.

(4)Except for the ex officio members, the appointed members shall hold office for such term, not being more than three years, as may be specified in their letter of appointment.

(5)If any vacancy in the Committee occurs during the period of appointment, on account of death, resignation or for any other cause, the Minister shall, as soon as practicable, appoint another person to fill the vacancy: Provided that the Committee and the members thereof may act notwithstanding any such vacancy.

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

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

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

(9)The Committee shall decide on the composition and terms of reference of sub-committees or expert groups to which it can give special and specific tasks.

(10)All the decisions of such Committee must be taken by at least five of all the members forming such Committee.

(11)The Committee shall regulate its own procedures.

(12)At the end of each calendar year, the Committee shall prepare an annual report, to be submitted to the Minister and copied to all the members of the Committee within the first quarter of the following year. Authority to give information. 11. The designated authority must give to each port facility operator and port service provider conducting operations within the port security area (

1. a)the name or position of the person who is responsible to co-ordinate the security of port facilities; (
2. b)the contact details of such person; and (
3. c)the measures to confirm the identity of persons who are authorised to have access to a port security area. PORTS SECURITY [ S.L.499.35 12. The designated authority may require a declaration of security if - When a declaration of security is required. (
4. a)it is satisfied that the ship-port interface or ship-toship activity poses a risk to persons, property, or the environment; or (
5. b)it has received a request under these regulations, and is satisfied that the ship-port interface or ship-to-ship activity poses a risk to persons, property, or the environment. 13.

(1)A declaration of security must be completed, signed and dated by the master of, or ship security officer for, the ship and - Declarations of security. (

1. a)if the other party to the agreement is also a ship - the master of, or ship security officer for, that other ship; or (
2. b)if the other party to the agreement is a port facility operator - the port facility security officer; or (
3. c)if the other party to the agreement is a port service provider - the port service provider security officer.

(2)A declaration of security must specify (

1. a)the contact details for the parties and signatories to the agreement; (
2. b)the period for which the declaration is valid; and (
3. c)the security level in force for each party.

(3)The designated authority may establish the form of the declaration of security.

(4)A copy of the declaration of security must be kept by the port facility operator and the port service provider for a period of o n e y e a r, w h i c h y e a r b e g i n s t o r u n f r o m t h e d a y a f t e r t h e declaration ceases to be valid. 14.

(1)If the designated authority has entered into an alternative security agreement in accordance with the provisions of these regulations, the designated authority shall supervise the alternative security arrangements for a port facility covered by that agreement.

(2)Any such agreement shall not compromise the level of security of other ships or of port facilities within Malta.

(3)A master of a ship covered by an alternative security agreement may not conduct any ship-to-ship activity with a ship not covered by that agreement.

(4)The designated authority must review each alternative security agreement (

1. a)at an interval specified by the alternative security agreement under review; or (
2. b)in the absence of a specification by the alternative security agreement under review, every five years. 9 Alternative security agreements. 10 [ S.L.499.35

(5)PORTS SECURITY The review must take into account (

1. a)the experience gained from the agreement; (
2. b)any changes in the particular circumstances of the ships, port facilities, or routes covered by the agreement; and (
3. c)any changes in the assessed threats to the security of the ships, port facilities, or routes covered by the agreement. Equivalent security arrangements. 15.

(1)The designated authority may authorise a port facility or a group of port facilities to implement other security measures equivalent to those prescribed in Chapter XI-2 of the Annex to the Convention or in the Code if those security measures are at least as effective as the specified measures.

(2)If the designated authority authorises an equivalent security arrangement, the designated authority shall notify and provide sufficient details of the measures to the focal point and shall subsequently report that arrangement to the International Maritime Organisation as soon as practicable.

(3)Subregulation

(2)does not apply if the port facility or the group of port facilities is covered by an alternative security agreement in terms of regulation

1. Authority must specify security levels for port facilities. Amended by: L.N. 3 of
2. 16.

(1)The Designated Authority must (

1. a)determine the security level and security measures to be implemented in a port, or part of a port, and at every port facility; (
2. b)change the security level specification if the designated authority considers it necessary to reduce or increase the risk of a security incident; and (
3. c)periodically review and update as necessary, any security level that the designated authority specifies.

(2)In establishing a security level, the Authority has to consult with the members of the Maritime Security Committee.

(3)The members of the Maritime Security Committee shall inform the designated authority of any information in respect of a threat to ship or port facility security or of a security incident.

(4)Whenever the designated authority does not comply with the advice of the Committee, it shall justify its reasons for not so doing to the Committee. Designated authority must ensure provision of security level information. 17.

(1)The designated authority must ensure the provision of (

1. a)security level information to (
2. i)any ship intending to operate, or operating, within the ports and territorial waters of Malta; and (
3. ii)every port facility operator and port service provider; and PORTS SECURITY [ S.L.499.35 11 (
4. b)updated security level information to any (
5. i)other ship intending to operate, or operating, within the territorial limits of Malta; and (
6. ii)port facility operator and port service provider if the security level has been changed.

(2)For the purpose of this regulation, the designated authority must no tify t he master of the ship, as the Autho rity deem s necessary, by any means of communication, whether or not of a permanent nature. 18. The master of a ship calling in Malta and the company must comply with any requirements specified in these regulations for the security level specified for that ship or class of ship - Masters and companies must comply with ship security levels. (a) before carrying out a ship-port interface in Malta; (b) before entering a port facility within the ports and territorial waters of Malta; and (c) while in a port in Malta. 19.

(1)The master of a ship calling in Malta and the company must ensure that a Certificate is held on board the company’s ship. Certificate must be held on board.

(2)The designated authority may verify that a Certificate is on board a ship if that ship is at a port facility within a port or the territorial limits of Malta.

(3)The master of a ship in a port facility within a port or the territorial limits of Malta must (

1. a)on the request of the designated authority, produce the Certificate; and (
2. b)co-operate with the designated authority in any other respect. 20.

(1)A master of a ship intending to enter a port facility in Malta shall, prior to entry into that port facility, be required to provide the following information to the designated authority to ensure compliance with these regulations: (

1. a)evidence that the ship possesses a Certificate; (
2. b)evidence of the security level at which the ship is currently operating; (
3. c)evidence of the security level at which the ship operated in any previous port where is conducted a ship-port interface during the period of its last ten calls at port; (
4. d)evidence of any special or additional security measures that were taken by the ship in any previous port where it conducted a ship-port interface during the period of its last ten calls at port; (
5. e)evidence that the appropriate ship security procedures were maintained during any ship-to-ship activity during the period of its last ten calls at port; and Information required of ships intending to enter a port facility. Amended by: L.N. 329 of 2012. 12 [ S.L.499.35 PORTS SECURITY (
6. f)any other practical security-related information, excluding details of the ship security plan, taking into account the guidance given in the Code.

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

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

(3)The information referred to in subregulation

(1)shall be provided to the designated authority on the form provided in the Fifth Schedule and within the following time frames: (

1. a)at least twenty-four hours in advance; or (
2. b)at the latest, at the time the ship leaves the previous port, if the voyage time is less than twenty-four hours; or (
3. c)if the port of call is not known or if it is changed during the voyage, as soon as the port of call becomes known; Provided that the designated authority may exempt scheduled services performed between port facilities located on their territory or performed with other Member States, if (
4. a)the company operating the scheduled services referred to above keeps and updates a list of the ships concerned and sends it to the designated authority; and (
5. b)for each voyage performed, the information referred to in subregulation

(1)is kept available for the designated authority upon request. The company must establish an internal system to ensure that, upon request, twenty-four hours a day and without delay, the said information can be sent to the designated authority: S.L. 499.34 Provided further that the form found in the Fifth Schedule shall be used until the 1st of June, 2015 and subject to the provisions of the Vessel Traffic Monitoring and Repo rting Req uirements Regulations.

(4)If a master or company declines to provide the information or confirmation specified in subregulation

(1)or subregulation

(3), the designated authority may (

1. a)attempt to establish communication with the master and the ship’s administration to rectify the noncompliance; and (
2. b)if the communication does not result in rectification, take one or more of the following steps: (
3. i)require rectification of the non-compliance; (
4. ii)require the ship to proceed to a specified location within Maltese territorial waters or port; (iii) request an appropriate inspector to inspect the ship for the purpose of ascertaining compliance with the certification requirements of these regulations, if the ship is within the territorial waters or port of Malta; PORTS SECURITY (
5. iv)[ S.L.499.35 13 deny the ship entry, if (A) the designated authority has reasonable grounds to believe that the ship poses an immediate threat to the security or safety of persons, ships, or other property; or (B) there are no other appropriate means for removing that threat.

(5)Before taking a step specified in subregulation

(4)(b), the designated authority must inform the master of the ship of the Authority’s intention to take the step by giving notice to the master of the ship as the designated authority considers necessary by the means of communications, whether or not of a permanent nature, as the Authority considers appropriate in the circumstances.

(6)A step that is taken under subregulation

(4)(

1. b)(
2. a)must be proportionate, taking into account the guidance given in part B of the Code; and (
3. b)may additionally or alternatively include other lesser administrative or corrective measure.

(7)A ship may be denied entry under subregulation

(4)(b)(iv) despite the provisions of any other enactment.

(8)If a ship is denied entry under subregulation

(4)(b)(

1. iv)(
2. a)all possible efforts must be made to avoid a ship being unduly detained or delayed; and (
3. b)a person may be allowed to leave the ship, or access to the ship must be allowed, for (
4. i)humanitarian reasons; or (
5. ii)emergency reasons; or (iii) security purposes.

(9)On receiving the information under subregulation

(4), the master of the ship may withdraw the intention to enter the port.

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

(4)(b)(iv), a port facility operator or port service provider must cease providing services to that ship if the designated authority so directs.

(11)A step taken under subregulation

(4)may be imposed until the non-compliance that gave rise to the step is corrected to the satisfaction of the designated authority, taking into account any actions proposed by the ship or the designated authority. 21.

(1)If a certificate is not produced to an appropriate inspector when required under regulation 20 without a lawful or justifiable excuse, or if the designated authority has clear grounds to believe that a ship is not in compliance with the requirements of these regulations, the designated authority must, for the purpose of ensuring compliance with these regulations, impose one or more of the following control measures: (

1. a)inspection of that ship for the purpose of ascertaining compliance with the certification requirements of Control of ships in ports. 14 [ S.L.499.35 PORTS SECURITY these regulations and other legislation enforceable in Malta, including, but not limited to, requiring the master to (
2. i)provide the information that the designated authority considers relevant to the inspection; and (
3. ii)demonstrate to the designated authority that the master or the relevant crew are familiar with essential ship board security procedures, and any shipboard security procedure is capable of being carried out in a competent manner; (
4. b)delay of that ship; (
5. c)detention of that ship; (
6. d)restriction of the operations of that ship, including movement within the port; (
7. e)expulsion of that ship from the port if (
8. i)the designated authority has reasonable grounds to believe that the ship poses an immediate threat to the security or safety of persons, ships, or other property; and (
9. ii)there are no other appropriate means for removing that threat.

(2)A ship may be expelled under subregulation

(1)(e) despite the provisions of any other enactment.

(3)A control measure that is imposed under subregulation

(1)(

1. a)must be proportionate, taking into account the guidance given in the Code; and (
2. b)may additionally or alternatively include other lesser administrative or corrective measures.

(4)A control measure imposed under subregulation

(1)may continue until the non-compliance that gave rise to the control measure is corrected to the satisfaction of the designated authority, taking into account actions proposed, if any, by the ship or the designated authority.

(5)If a ship is expelled from a port under subregulation

(1)(

1. e)(
2. a)the designated authority may require the ship to proceed to a specified location within Maltese territorial waters or port; (
3. b)the port facility operator must cease providing services to that ship if the designated authority directs the port facility operator to cease providing services to that ship; (
4. c)all possible efforts must be made to avoid a ship being unduly detained or delayed; and (
5. d)a person may be allowed to leave the ship, or access to the ship must be allowed, for (
6. i)emergency reasons; or PORTS SECURITY [ S.L.499.35 15 (
7. ii)humanitarian reasons; or (iii) security purposes. 22.

(1)The designated authority may request an appropriate inspector to inspect ship security plans and to carry out control measures if - Inspection of ship security plans. (

1. a)it has reasonable grounds to believe that the ship is not in compliance with the requirements of Chapter XI-2 of the Annex to the Convention or the Code; (
2. b)the only means to verify or to rectify the noncompliance is to review the relevant requirements of the ship security plan; and (
3. c)consent for the inspection to review the relevant requirements of the ship security plan is obtained from (
4. i)the master; or (
5. ii)the ship’s administration, if the State is a party to the Convention.

(2)The designated authority may only have access to the specific sections of the plan that relate to the suspected noncompliance.

(3)Despite subregulations

(1)and

(2), the provisions of a ship security plan that are confidential may not be subject to inspection unless agreed to between the designated authority and the ship’s administration, if the State is a party to the Convention.

(4)Despite subregulation

(3), if the ship is registered in Malta or if the ship is registered in a State that is not a party to the Convention, the designated authority may authorise the inspection. 23. If a ship is detained under these regulations (

1. a)the company is liable to pay to the designated authority the costs of, and incidental to, the detention and any inspection and audit under these regulations; and (
2. b)those costs that are, without prejudice to any other remedy, recoverable as a debt due to the designated authority in a Court of competent jurisdiction as provided in the Ports and Shipping Act. Costs of detention. Amended by: XV. 2009.49. Cap. 352 24. If the master withdraws the intention to enter the port, regulations 21

(1)and

(3)and 22

(1)do not apply. Certain provisions do not apply if master withdraws intention to enter port. 25.

(1)If a control measure is imposed under regulation 20, or if a step is taken under regulation 22

(1)(b), the designated authority shall - Additional requirements. (

1. a)advise, in writing, the ship’s administration of (
2. i)the control measure imposed or step taken; and (
3. ii)the reasons for imposing the control measure or 16 [ S.L.499.35 PORTS SECURITY taking the step, and (
4. b)provide written notice, specifying when the control measure was imposed or the step taken, to (
5. i)the International Maritime Organisation; and (
6. ii)either the recognized security organization that issued a certificate to the ship concerned or if a recognized security organisation did not issue a certificate, the ship’s administration.

(2)If a ship is either expelled from a port, or entry into a port is denied in terms of these regulations, the designated authority must communicate the appropriate facts to the relevant authorities of (a) the State of the next appropriate port of call, if known; and (b) any other appropriate coastal State.

(3)The communication must (

1. a)take into account any relevant guidelines promulgated by the International Maritime Organisation; and (
2. b)be secure and confidential. Ports security assessment. Added by: L.N. 3 of 2008. 26.

(1)The designated authority shall ensure that port security a ss es sm e n t s ar e c ar r i e d o ut fo r t h e p o r t s co v e r e d b y t he s e regulations. These assessments shall take due account of the specificities of different sections of a port and, where deemed applicable, of its adjacent areas if these have an impact on security in the port, and shall take into account the assessments for port facilities within their boundaries as carried out pursuant to these regulations and Regulation (EC) No 725/2004.

(2)Each port security assessment shall be carried out taking into account as a minimum the detailed requirements laid down in the First Schedule.

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

(4)Port security assessments shall be: (

1. a)approved by the designated authority after consultation with the Maritime Security Committee; (
2. b)reviewed as appropriate, but at least once every five years. Ports security plan. Added by: L.N. 3 of 2008. 27.

(1)Subject to the findings of port security assessments, the designated authority shall ensure that port security plans are developed, maintained and updated. Port security plans shall adequately address the specificities of different sections of a port and shall integrate the security plans for port facilities within their boundaries established pursuant to Regulation (EC) No 725/2004.

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

1. a)the procedures to be followed; (
2. b)the measures to be put in place; PORTS SECURITY [ S.L.499.35 17 (
3. c)the actions to be undertaken.

(3)Each port security plan shall take into account as a minimum the detailed requirements specified in the Second Schedule. Where, and to the extent appropriate, the port security plan shall in particular include security measures to be applied to passengers and vehicles set for embarkation on seagoing vessels which carry passengers and vehicles. In the case of international marit im e transp ort service s, t he desig nated au tho ri ty shall cooperate with other Member States in the security assessment.

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

(5)The designated authority shall: (

1. a)approve the port security plans after consultation with the Maritime Security Committee; (
2. b)implement the port security plans; (
3. c)review the port security plans as appropriate, but at least every five years.

(6)The designated authority shall report to the focal point for port security on the implementation of the port security plan.

(7)Adequate exercises shall be performed taking into account the basic security training exercise requirements listed in the Third Schedule. 28.

(1)A port security officer shall be appointed by the designated authority for each port. Each port shall, where practicable, have a different port security officer, but may, if appropriate, share a security officer. Ports security officer. Added by: L.N. 3 of 2008.

(2)Port security officers shall fulfil the role of point of contact for port security related issues.

(3)Where the port security officer is not the same as the port facility security officer under these regulations, close co-operation between them shall be ensured. 29.

(1)The designated authority is to ensure that a Port Security Committee is established for each port to which these regulations apply. Port security committee. Added by: L.N. 3 of 2008.

(2)The Port Security Committees shall include representatives of public entities, port users and service providers.

(3)The Port Security Committees shall establish and regulate their own procedures. 30.

(1)A port facility operator must (

1. a)act on the security level specified by the designated authority; (
2. b)apply security measures and procedures in a manner that minimises interference with, or delay to, passengers, ships, the personnel of ships, visitors, goods, and services; Duties of port facility operators. Amended by: L.N. 3 of 2008. 18 [ S.L.499.35 PORTS SECURITY (
3. c)appoint port facility security officers in accordance with the provisions of these regulations; and (
4. d)comply with any requirements specified in these regulations for the security level specified for that port facility or class of port facility.

(2)A port facility operator required to have a port facility security plan must give to the designated authority, and each port service provider conducting operations within the port facility: (

1. a)name of the port facility operator; (
2. b)contact details for the port facility operator; (
3. c)name of location of the port facility; (
4. d)name of the port in which the facility is located; (
5. e)name or position of the person who is to be the port facility security officer for the facility; (
6. f)a single 24-hour fixed-line or mobile telephone number for the port facility security officer; (
7. g)the measures to be used by the port facility operator to inform persons of the location of any port security areas established within the boundaries of the port facility; and (
8. h)the measures to confirm the identity of persons who are authorised to have access to the port facility, to ships moored at the facility and to any port security areas established within the boundaries of the port facility.

(3)A port facility operator required to have a port facility security plan must also give to the designated authority details of the boundaries of the facility.

(4)The port facility security officer and the ship security officers must liaise and co-ordinate appropriate actions particularly when the (

1. a)port facility security officer is advised that a ship is encountering difficulties in (
2. i)complying with the requirements to these regulations; or (
3. ii)implementing the appropriate security measures and procedures specified in the ship security plan; or (iii) in the case of security level 3, following any security measures; and (
4. b)ship has a higher security level than that of the port facility.

(5)If a ship has a higher security level than that of the port facility, the port facility security officer must report the matter to the designated authority. PORTS SECURITY [ S.L.499.35 31.

(1)Before requesting the designated authority to approve a port facility security plan, a port facility operator must designate, in writing, a person as the port facility security officer for the port facility. 19 Port facility security officers. Amended by: L.N. 3 of 2008.

(2)A port facility security officer may be designated by name or by reference to a position.

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

1. a)facilitating the development, implementation, revision and maintenance of the port facility security plan for the port facility operator; (
2. b)liaising with ship, company, port, port service provider and other port facility security officers; and (
3. c)performing (
4. i)the duties and responsibilities in terms of Part A of the Code; and (
5. ii)any additional duties and responsibilities set out in the port facility security plan or by the designated authority.

(4)A port facility operator must ensure that a port facility security officer assigned (

1. a)has the knowledge and ability to perform the security duties; (
2. b)is given the training set out in the port facility security plan; (
3. c)is a suitable person to access and handle security information; and (
4. d)has the authority to act on instructions received from the designated authority. 32.

(1)The designated authority must carry out a port facility security assessment of each port facility within its control.

(2)The designated authority may authorize a recognised s e c u r i t y o rg a n i s a t i o n t o c a r r y o u t a p o r t f a c i l i t y s e c u r i t y assessment.

(3)If a port facility security assessment is carried out by a recognised security organisation, the designated authority (a) must review it for compliance with subregulation

(5); and (b) if satisfied that it complies with subregulation

(5), may approve the assessment.

(4)A port facility security assessment must (

1. a)be periodically reviewed and updated, taking into account changing threats or minor changes in the port facility; and (
2. b)if major changes take place to the port facility, be reviewed and updated as soon as practicable: Port facility security assessments. Amended by: L.N. 3 of 2008; L.N. 104 of 2023. 20 [ S.L.499.35 PORTS SECURITY Provided that the periodic review of the port facility security assessment shall be carried out at the latest five years after the assessments were carried out or last reviewed.

(5)A security assessment for a port facility security plan must include the following matters: (

1. a)the date when the assessment was completed or reviewed; (
2. b)the scope of the assessment, including assets, infrastructure and operations assessed; (
3. c)a summary of how the assessment was conducted, including details of the risk management process adopted; (
4. d)the skills and experience of the key persons who completed or participated in the assessment; (
5. e)a statement outlining the risk context or threat situation for the port facility; (
6. f)identification and evaluation of important assets, infrastructure and operations that need to be protected; (
7. g)identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (
8. h)identification of existing procedures and operations; security measures, (
9. i)identification of weaknesses, including human factors, in the infrastructure, policies and procedures; (
10. j)identification, selection and prioritization of possible risk treatments (for example, counter-measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.

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

1. a)the types of ships, and the types of cargoes transported by ships, served by the port facility; (
2. b)any special risks or threats associated with such ships and cargoes; and (
3. c)the elements identified in paragraphs 15.3 and 15.4 in Part B of the Code.

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

1. a)the operator, location, operation, equipment, and design of those port facilities are similar; and (
2. b)the designated authority agrees.

(8)When a port facility security assessment is completed, the person carrying out the port facility security assessment must prepare a report for the designated authority that consists of - PORTS SECURITY [ S.L.499.35 (

1. a)a summary of how the assessment was conducted; (
2. b)a description of each vulnerability found during the assessment; and (
3. c)a description of counter measures that could be used to address each vulnerability.

(9)The report and the security assessment must be protected from unauthorised access or disclosure. 33.

(1)A port facility operator must (

1. a)develop, implement, and maintain a port facility security plan based on the port facility security assessment of that port facility; and (
2. b)update that port facility security plan as required by a review of that plan.

(2)A recognized security organisation may prepare the port facility security plan for a port facility.

(3)A port facility security plan or amendments to a previously approved port facility security plan must be approved by the Authority before effect may be given to that plan or amendments to that plan.

(4)A port facility security plan must set out the requirements of Part A and Part B of the Code in respect of port facility security plans, which among other include: (

1. a)the security organization of the port facility; (
2. b)a schedule of security plan audits by internal and external auditors; (
3. c)the circumstances, in addition to the occurrence of a security incident, following which a security plan review must be conducted; (
4. d)the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited; (
5. e)the procedures for conducting a security plan review, including a process for consultation during the review; (
6. f)the knowledge, skills and other requirements for the port facility security officer; (
7. g)the training or qualifications that satisfy requirements referred to in paragraph (a); the (
8. h)the training that must be given to the port facility security officer; (
9. i)measures to prevent unauthorised carriage or possession of weapons or prohibited items in the facility or on board ships being loaded or unloaded at the facility; (
10. j)measures to prevent unauthorised access to the port facility, to ships moored at the facility and to any port security areas established within the boundaries of the Port facility security plans. Amended by: L.N. 3 of 2008. 21 22 [ S.L.499.35 PORTS SECURITY port facility; (
11. k)procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port facility or ship/port interface; (
12. l)procedures for responding to any security directions given by the designated authority; (
13. m)procedures for evacuation of the port facility in case of security threats or breaches of security; (
14. n)procedures for drills and exercises associated with the plan; (
15. o)procedures for interfacing with ship security activities; (
16. p)procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port facility; (
17. q)procedures for reporting occurrences which threaten the security of the port facility; (
18. r)measures to ensure the security of the information contained in the plan; (
19. s)measures to ensure security of cargo and of cargo handling equipment at the facility; (
20. t)procedures in case the ship security alert system of a ship is activated while in the security regulated port; (
21. u)procedures for facilitating (
22. i)shore leave or relief of crew; and (
23. ii)access by visitors, including representatives of seafarers’ welfare and of labour organisations; (
24. v)a map clearly showing (
25. i)the boundaries of the port facility; and (
26. ii)the location of any port security area established, or that the operator wishes to be established or changed, within the area covered by the plan; and (
27. w)the intervals at which drills shall be carried out to ensure the effective implementation of the port security plan.

(5)A port facility security plan must identify, by reference to their positions, port facility personnel with, or who have been assigned, security duties and responsibilities in addition to those of the port facility security officer.

(6)The security duties and responsibilities of personnel so identified must be set out in the plan, together with (

1. a)the knowledge, skills and other requirements for the security-related aspects of their positions; (
2. b)the training or qualifications that satisfy requirements referred to in paragraph (a); and the PORTS SECURITY [ S.L.499.35 (
3. c)the training that must be given to such personnel.

(7)In determining appropriate measures under this regulation, the port facility operator must have regard to the special risks of threats associated with the types of ships, and the types of cargoes transported by ships, regularly served by the port facility.

(8)A port facility security plan must set out, for the purpose of coordinating security-related activities, a mechanism for consultation (

1. a)between the port facility operator and the designated authority; (
2. b)between the port facility operator and each port service provider conducting operations within the port facility, and any other stakeholder, who may be affected by the implementation of the plan; and (
3. c)between the port facility operator and its employees, or their representatives, as regards security measures and procedures to be implemented.

(9)A port facility security plan must set out, in relation to maritime security level 1 (

1. a)the security measures, identified in the security assessment for the operation, for implementation at that level; (
2. b)the measures that have been implemented; (
3. c)a schedule for implementing the measures that have not been implemented; and (
4. d)any interim measures that will be implemented until the measures referred to in paragraph (
5. c)are fully implemented.

(10)A port facility security plan must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Designated Authority declares that maritime security level 2 or 3 is in force for the port.

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

1. a)the circumstances in which the operator will request a declaration of security with a ship; (
2. b)the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (
3. c)how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.

(12)If a port facility operator wishes the designated authority to establish a port security area, the port facility security plan must set out (

1. a)the purpose for the proposed establishment of the port security area; 23 24 [ S.L.499.35 PORTS SECURITY (
2. b)the boundaries of the port security area; (
3. c)if applicable, the period when, or the circumstances in which, the port security area is in force; (
4. d)the security measures and procedures to be taken to control access into the port security area by people, vehicles or things, including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage; (
5. e)steps to be taken to inform people that a port security area is in force and that entry into that area without authority is an offence; and (
6. f)the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (
7. d)and (e).

(13)The port facility security plan may be combined with, or be part of, the port security plan or any other port emergency plan.

(14)The port facility security plan may be kept in electronic format. In such case, it shall be protected by procedures aimed at preventing its unauthorised deletion, destruction or amendments.

(15)A port facility operator must ensure that the security plan is protected against unauthorised access, amendment and disclosure. Port facility security plan approval. Amended by: L.N. 3 of 2008. 34. The designated authority must approve a port facility security plan, or its amendments, if it (

1. a)is consistent with (
2. i)the purposes of these regulations; and (
3. ii)the security assessment for that port facility; and (
4. b)complies with the (
5. i)requirements of these regulations; and (
6. ii)requirements prescribed by the designated authority from time to time. Amendments to approved port facility security plans. Amended by: L.N. 3 of 2008. 35.

(1)An amendment to an approved port facility security plan, or a change to any security equipment specified in an approved plan (

1. a)must be at least as effective as those measures prescribed in the relative sections of Chapter XI-2 of the Annex to the Convention and the provisions of these regulations; and (
2. b)may not be implemented unless the amendment or change is given written approval by the designated authority.

(2)The written approval must be (

1. a)kept at the port facility; and (
2. b)presented when required by the designated authority.

(3)If written approval is given for a temporary amendment to an approved port facility security plan or for a temporary change to PORTS SECURITY [ S.L.499.35 25 any security equipment specified in an approved plan, once the original approved measures or equipment are reinstated, retention of the written approval for the temporary amendment or temporary change is not longer required. 36.

(1)If the designated authority decides not to approve a port facility security plan, or an amendment to a previously approved port facility security plan, the company may request the designated authority to review its decision.

(2)If the designated authority receives a request to review its decision, the designated authority must carry out the review and report the results of the review to the requesting company within fifteen working days of the date on which the designated authority received the request. 37.

(1)Before requesting the designated authority to approve a security plan, a port service provider must designate, in writing, a person as the port service provider security officer.

(2)A port service provider security officer may be designated by name or by reference to a position.

(3)The duties and responsibilities of a port service provider security officer include: (

1. a)conducting an initial security survey of the activities of the port service provider and facilitating the completion of the security assessment for the provider’s security plan; (
2. b)ensuring the development and maintenance of the security plan for the port service provider; (
3. c)implementing the security plan; (
4. d)undertaking regular security inspections of the area or ship under the control of the port service provider to ensure the effectiveness and adequacy of security measures; (
5. e)recommending and incorporating modifications to the security plan in order to (
6. i)correct deficiencies in the plan; (
7. ii)or update the plan to take into account changes to the port service provider; (
8. f)enhancing security awareness and vigilance of the port service provider’s personnel; (
9. g)ensuring that standards for personnel with, or who have been assigned, with security duties and responsibilities are met and that adequate training is provided to such personnel; (
10. h)reporting to the relevant authorities, and maintaining records of, occurrences which threaten the security of the port service provider; (
11. i)liaising with ship, port, port facility and other port service provider security officers; Review of decision not to approve port facility security plans. Amended by: L.N. 3 of 2008. Port service provider security officers. Amended by: L.N. 3 of 2008. 26 [ S.L.499.35 PORTS SECURITY (
12. j)co-ordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; (
13. k)ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and (
14. l)when requested by a ship security officer, assisting in confirming the identity of persons intending to board a ship.

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

1. a)has the knowledge and ability to perform the duties of a port service provider security officer; (
2. b)is given the training set out in the security plan for the port service provider; (
3. c)is a suitable person to access and handle security information; and (
4. d)has the authority to act on instructions received from the designated authority. Port service provider to give information. Amended by: L.N. 3 of 2008. 38. A port service provider required to have a security plan must give to the designated authority and to each relevant port facility operator conducting operations within the port (
5. a)contact details for the port service provider security officer; (
6. b)the boundaries of the area under the control of the port service provider; (
7. c)details of the vessels operated by the provider including the name, identification number, type, date, port of registry, and construction year of each vessel; (
8. d)the measures to be used by the port service provider to inform persons of the location of any port security zones established within the boundaries of the land under the control of the port service provider; and (
9. e)the measures to confirm the identity of persons who are authorised to have access to the land under the control of the port service provider, to any port security area established within the boundaries of that land and to vessels operated by the provider. Consultation with Maritime Security Committee. Amended by: L.N. 3 of 2008. 39. Before approving any port facility security assessment or plan and any amendments thereto, the designated authority may consult with the Maritime Security Committee. Designation of port security areas. Amended by: L.N. 3 of 2008. 40.

(1)The designated authority may designate any area within a port facility, or any other area in a port as a port security area.

(2)Any designation under subregulation

(1)may be revoked, in whole or in part, or amended by the designated authority as the case may be, by a notice in the Gazette. PORTS SECURITY [ S.L.499.35 41.

(1)No person, other than an authorised person or a person on official duties acting in accordance with subregulation

(7), may enter or remain in a port security area unless authorised by the designated authority or the port facility operator. 27 Restrictions with respect to port security areas. Amended by: L.N. 3 of 2008.

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

1. a)state his or her name and address; (
2. b)state the purpose of his or her presence in the port security area, and his or her authority to enter it; and (
3. c)produce satisfactory evidence of the correctness of his or her stated name.

(3)If a person fails or refuses to provide an authorised person with satisfactory evidence of his or her name when requested by the authorised person, or if a person fails to satisfy the authorised person that he or she is authorised to be there, the authorised person may order that person to leave the port security area.

(4)An authorised person, and any person whom he or she calls to his or her assistance, may use any force that is reasonably necessary to remove from any port security area any person who fails or refuses immediately to leave the port security area after having been ordered by an authorised person to do so under subregulation

(3).

(5)A person who refuses to comply with subregulation

(2)or subregulation

(3), and, after having been warned that he or she commits an offence, persists in its commission, may be forcibly detained by an authorised person, and in that case he or she must, as soon as may be practicable, be delivered to a member of the police: Provided that such powers shall be exercised solely if in the opinion of the authorised person they are absolutely necessary for the authorised person to take the detained person to the nearest Police Station.

(6)A passenger or crew member embarking or disembarking directly through gateways or thoroughfares in a port facility approved for that purpose by the port facility operator is deemed to be authorised by the designated authority to pass through any port security area forming part of those gateways or thoroughfares.

(7)A person on official duties acting under a statutory power to enter an area to carry out his or her statutory functions or duties (

1. a)may enter a port security area; and (
2. b)if requested by an authorised person, must present his or her warrant or certificate or proof of employment to the authorised person. 42.

(1)The Minister may, if necessary to improve or enhance maritime security to enable Malta to be part of a concerted international response to a threat to maritime security or if it is in the national interest, direct in writing (

1. a)to screen - Powers and duties of Minister to require screening and searching. Amended by: L.N. 3 of 2008. 28 [ S.L.499.35 PORTS SECURITY (
2. i)(
3. ii)(iii) (
4. iv)any person boarding a ship; any thing to be carried by a ship; any thing in a port security area; and any person including that person’s personal effects or vehicle entering, or within, a port security area; and (
5. b)if necessary, to undertake reasonable searches of (
6. i)(
7. ii)(iii) (
8. iv)(
9. v)(vi)

(2)any person boarding a ship; or any thing to be carried by a ship; or any thing in a port security area; or any person including that person’s personal effects or vehicle entering, or within, a port security area; or any ship or class of ship; or any port facility or class of port facility. The written notice must specify (a) which of the screenings under subregulation

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

(1)(

1. b)are part of the Minister’s directive; (
2. b)the permitted extent of those screenings and searches; and (
3. c)the duration of the direction.

(3)Before giving a direction under subregulation

(1), the Minister must, to determine whether the direction is necessary to improve or enhance maritime security to enable Malta to be part of a concerted international response to a threat to maritime security or whether it is in the national interest, consult (

1. a)the designated authority; (
2. b)the Maritime Security Committee; and (
3. c)as the Minister in each case considers appropriate, representative groups in the maritime industry, government departments and entities. Powers and duties of the Authority to require screening and searching. Amended by: L.N. 3 of 2008. 43.

(1)The designated authority may, if it believes on reasonable grounds that there is a risk of a security incident occurring, direct (

1. a)to screen (
2. i)(
3. ii)(iii) (
4. iv)any person boarding a ship; any thing to be carried by a ship; any thing in a port security area; and any person including that person’s personal effects or vehicle entering, or within, a port security area; and (
5. b)if necessary, to undertake reasonable searches of (
6. i)any person boarding a ship; or (
7. ii)any thing to be carried by a ship; or PORTS SECURITY [ S.L.499.35 29 (iii) any thing in a port security area; or (
8. iv)any person including that person’s personal effects or vehicle entering, or within, a port security area; or (
9. v)any ship or class of ship; or (
10. vi)any port facility or class of port facility.

(2)The written notice must specify (a) which of the screenings under subregulation

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

(1)(

1. b)are part of the Authority’s directive; (
2. b)the permitted extent of those screenings and searches; and (
3. c)the duration of the direction.

(3)Before giving a directive under subregulation

(1), the designated authority must, to determine whether the directive is necessary to meet the risk of a security incident, consult, as the designated authority in each case considers appropriate (a) the Maritime Security Committee; and (b) representative groups in the maritime government departments, and entities. industry,

(4)If a search is conducted under a directive issued according to this regulation, by an authorised person who is not a member of the police, that authorised person may request to be accompanied by a member of the police.

1. The Minister and the designated authority may by a written notice revoke or extend a directive at any time. Revocation or extension of a direction. Amended by: L.N. 3 of
2. 45.

(1)A person commits an offence and is liable, on conviction, to the punishments contemplated in articles 41, 42 and 44 of the Ports and Shipping Act, if, without lawful authority or reasonable excuse, or without the written permission of the ship security officer (with respect to boarding a ship) or the port facility security officer (with respect to entering a port security area), intentionally takes, or attempts to take, on board a ship or into a port security area - Taking weapons on to ships or into port security areas. Amended by: L.N. 3 of 2008; XV. 2009.49. Cap. 352. (

1. a)any firearm, or any other dangerous or offensive weapon or instrument of any kind; or (
2. b)any ammunition; or (
3. c)an explosive, incendiary, biological, or chemical substance or device, or any other injurious substance or device of any kind, that could be used to endanger the safety of (
4. i)(
5. ii)(iii) (
6. iv)the ship; or persons on board the ship; or the port security area; or persons in the port security area. 30 [ S.L.499.35 PORTS SECURITY

(2)A person who has obtained the written permission of a ship security officer or a port facility security officer must, upon the request of an authorised person, present the written permission to that authorised person.

(3)To avoid doubt, a passenger or crew member may take an item covered by subregulation

(1)on board a ship without the written permission of the port facility security officer if that passenger or crew member has obtained the written permission of that ship’s ship security officer.

(4)For the purposes of this regulation, firearm means any gun, rifle, or pistol, whether acting by force of explosives or not; and includes any gun, rifle, or pistol that (

1. a)is not capable of discharging any shot, bullet, or other missile, but that by its completion or by the replacement of any component part or parts or by the correction or repair of any defect or defects, would be so capable; or (
2. b)is dismantled; or (
3. c)is an imitation or replica: Provided that a flare or other incendiary safety device is not considered as a weapon if it is carried on board a ship as part of the ship’s safety or signaling equipment. Cap. 10.

(5)This regulation is without prejudice to the powers and obligations laid down in articles 237 and 238 of the Code of Police Laws. Screening and searching powers. Amended by: L.N. 3 of 2008. 46.

(1)An authorised person and any person identified in a port facility security plan may, if he believes on reasonable grounds that there is a risk of a security incident occurring (

1. a)screen, using a detector, an animal, or a mechanical or electronic device or similar mechanism (
2. i)(
3. ii)(iii) (
4. iv)any person boarding a ship; any thing to be carried by a ship; any thing in a port security area; and any person (including that person’s personal effects) or vehicle entering, or within, a port security area; (
5. b)if necessary, undertake reasonable searches of (
6. i)(
7. ii)(iii) (
8. iv)(
9. v)(vi)

(2)any person boarding a ship; any thing to be carried by a ship; any thing in a port security area; any person (including that person’s personal effects) or vehicle entering, or within, a port security area; any ship or class of ship; and any port facility or class of port facility specified under these regulations. A person exercising the power to screen or search under PORTS SECURITY [ S.L.499.35 31 subregulation

(1)must, before the screening or search is conducted, and on any subsequent request (

1. a)provide evidence of his or her identity to the person to be screened or searched; and (
2. b)inform the person to be screened or searched that the screening or search is authorised under this regulation.

(3)To avoid doubt, things, personal effects, and vehicles may be screened or searched without consent if they are unattended.

(4)Notwithstanding subregulations

(1)(a)(ii) and

(1)(b)(ii), goods subject to the control of Customs may not be screened or searched without the authorisation of the Comptroller of Customs.

(5)Subregulation

(4)does not apply if the designated authority has specified that security level 3 applies to the port security area where the screening or searching is to be done. 47.

(1)If a person authorised to screen or search detects an item and has reasonable grounds to believe that such item may not lawfully be taken on board a ship or into a port security area, that person may seize such item for the purpose of determining whether the item may lawfully be taken on board a ship or into a port security area.

(2)If an item is seized under subregulation

(1), such person shall (

1. a)make an inventory of the item; and (
2. b)make available to the owner or the person from whom the item was seized a copy of the inventory.

(3)If it is determined that the item may lawfully be taken on board a ship or into a port security area, as far as practicable, the item shall be returned to the person from whom the item was seized.

(4)If it is determined that the item may not lawfully be taken on board a ship or into a port security area, the person from whom the item was seized shall arrange for the item to be (

1. a)taken off the ship; or (
2. b)taken out of the port security area; or (
3. c)taken off the ship and taken out of the port security area.

(5)Notwithstanding subregulation

(4)(

1. a)if there are reasonable grounds to believe that the seized item poses and imminent risk to safety, the authorised person shall (
2. i)destroy or otherwise dispose of the item; or (
3. ii)deliver the item to the police; (
4. b)if the authorised person has reasonable grounds to believe that the seized item may not be lawfully possessed, the authorised person shall deliver the item to the police. Power to seize and detain items. Amended by: L.N. 3 of 2008. 32 [ S.L.499.35 Persons who refuse to consent to be screened or searched. Amended by: L.N. 3 of 2008. PORTS SECURITY 48.

(1)If a person refuses to consent to the screening or searching of his or her person or baggage, that person may be required to leave the ship or port security area or both.

(2)If a person required to leave refuses to leave, an authorised person, and any one asked to assist him, may use any force that is reasonably necessary to remove that person.

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

(1)and, after being warned that he or she commits an offence by not leaving, persists in its commission (

1. a)may be forcibly detained by an authorised person; and (
2. b)if detained, must be delivered to a member of the police as soon as practicable: Provided that these powers shall be exercised solely if in the opinion of the authorised person they are absolutely necessary for the authorised person to take the detained person to the nearest Police Station.

(4)If the person who refuses to consent is a passenger or a crew member, a company or master may refuse to allow that passenger or crew member to board that company’s ship.

(5)A company or master who refuses to carry a passenger who refuses consent is not liable to any civil proceedings, other than a proceeding in respect of any right that the passenger may have for the recovery of the fare or part of the fare. Search of persons refusing consent to be searched. Amended by: L.N. 3 of

2. A member of the police may, without a warrant, search a person and that person’s baggage, and may detain that person for the purposes of that search, and may take possession of any item which may not be lawfully taken on-board a vessel or into a port security area found in the course of that search, if (a) a company or master refuses to carry a person who has refused to consent to the searching of his or her person or baggage; and (b) the member of the police has reasonable grounds to suspect that an offence against these regulations has been, is being, or is likely to be, committed, whether by that person or by any other person. Powers to detain. Amended by: L.N. 3 of
3. 50.

(1)An authorised person may, without a warrant, detain any person in, or in the vicinity of, a port security area or on board a ship if that authorised person has reasonable grounds to believe that the person has committed, is committing, or about to commit an offence against any of the provisions of these regulations.

(2)A person may, in good faith, assist an authorised person in detaining any person if called upon to do so by that authorised person.

(3)An authorised person who is not a member of the Police and who detains any person under these regulations shall, without delay, inform the Police of the fact of the arrest and shall exercise such power only until it is strictly necessary for the Police to take over custody of the person arrested. PORTS SECURITY [ S.L.499.35 33

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

(1)-shall (

1. a)provide evidence of his or her identity to the person to be detained; (
2. b)inform the person to be detained that such detention is authorised under this regulation; and (
3. c)if not in uniform, provide evidence that he or she is an authorised person to the person to be detained if that person asks for it.

(5)An authorised person who detains a person and delivers him or her to a member of the police, and any person who at his or her request and in good faith assists an authorised person in doing so, is justified in so detaining and delivering that person and in using any force that may be reasonably necessary in doing so.

(6)Any police officer who exercises his powers to detain a person without a warrant shall only exercise such powers until it is strictly necessary for the police officer to convey the person arrested to a police station and deliver him to a superior officer not below the rank of sergeant. 51.

(1)An authorised person while on duty may, at any time, enter a port security area, or any building, vehicle, or place in any part of a port security area, or any ship, for the purpose of exercising and carrying out his or her powers, functions, and duties under these regulations.

(2)If the police have taken command of any situation at a port security area, the right of authorised persons to enter any part of the port facility or any ship, building, or place is subject to the limitations that the senior member of the police, not below the rank of inspector, present at the port facility specifies.

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

(1)does not apply unless the authorised person believes on reasonable grounds that a person is likely to endanger the port security area or any of its facilities or any person who is in that ship, building, vehicle or place.

(4)Unless otherwise allowed by law, an authorised person may not enter a private building quarters, or a passenger cabin without (

1. a)a search warrant; or (
2. b)the consent of the occupier of that dwelling house, crew quarters, or passenger cabin.

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

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

1. a)provide evidence of his or her identity to the occupier; (
2. b)inform the occupier that the entry is authorised under this regulation; and (
3. c)if not in uniform, provide evidence that he or she is an authorised person to the occupier if the occupier asks Right of access to port security areas and ships. Amended by: L.N. 3 of 2008. 34 [ S.L.499.35 PORTS SECURITY for it. Offences by masters. Amended by: L.N. 3 of 2008; XV. 2009.49. Cap. 352. 52. Any master who fails to comply with any of the provisions of these regulations commits an offence and is liable, upon conviction, to the punishments contemplated in article 42 of the Ports and Shipping Act. Offences by port facility operators. Amended by: L.N. 425 of 2007; L.N. 3 of 2008. 53. Any port facility operator who fails to comply with these regulations commits an offence, and is liable, upon conviction to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), and in the case of a continuing offence, to a further fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) for every day during which the offence continues. Offences by a body or association of persons. Amended by: L.N. 425 of 2007; L.N. 3 of 2008. 54. Where an offence under these regulations is committed by a body or other association of persons, such body or association of persons shall, on conviction, be liable to a fine (multa) of eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), and in the case of a continuing offence, to a further fine (multa) of one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) for every day during which the offence continues. Provisions with respect to offences. Amended by: L.N. 3 of 2008. 55.

(1)The provisions of these regulations establishing offences and punishments in respect thereof shall be without prejudice to any liability arising under any other law, and shall not bar the infliction of further punishments contemplated by such other law.

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

(1)shall not affect the application of any higher punishment under any other law. Exemptions from regulations. Amended by: L.N. 3 of 2008. 56.

(1)The designated authority may, if it considers it appropriate and on the conditions that it deems appropriate, exempt any person, ship, or port facility from any requirement specified in these regulations.

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

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

1. a)the exemption will not breach Malta’s international obligations under any maritime convention; (
2. b)one or more of the following applies (
3. i)the prescribed requirements have been substantially complied with and that further compliance is unnecessary; or (
4. ii)the action taken or provision made in respect of the matter to which the prescribed requirements relate is as effective or more effective than actual compliance with the prescribed requirements; or (iii) the prescribed requirements are clearly unreasonably or inappropriate in the particular case; or PORTS SECURITY (
5. iv)[ S.L.499.35 35 events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case; and (
6. c)the risk to safety will not be significantly increased by the granting of the exemption. 57. If the designated authority has reasonable cause to believe that a security risk exists that may warrant the extension of these regulations to a ship or port facility, to which these regulations do not apply, to enhance ship or port security, the Authority may (
7. a)conduct a security assessment of the port facility; or (
8. b)require a security assessment of the port facility to be carried out. Extension of these regulations. Amended by: L.N. 3 of 2008. 36 [ S.L.499.35 PORTS SECURITY First Schedule Port Security Assessment Added by: L.N. 3 of 2008. 1. The port security assessment is the basis for the port security plan and its implementation. The port security assessment will cover at least: 1.1. identification and evaluation of important assets and infrastructure which it is important to protect; 1.2. identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritise security measures; 1.3. identification, selection and prioritisation of counter-measures and procedural changes and their level of effectiveness in reducing vulnerability; and 1.4. identification of weaknesses, including human factors in the infrastructure, policies and procedures. 2. For this purpose the assessment will at least: 2.1. identify all areas which are relevant to port security, thus also defining the port boundaries. This includes port facilities which are already covered by Regulation (EC) No 725/2004 and whose risk assessment will serve as a basis; 2.2. identify security issues deriving from the interface between port facility and other port security measures< 2.3. identify which port personnel will be subject to background checks and, or security vetting because of their involvement in high-risk areas; 2.4. subdivide, if useful, the port according to the likelihood of security incidents. Areas will be judged not only upon their direct profile as a potential target, but also upon their potential role of passage when neighbouring areas are targeted; 2.5. identify risk variations, e.g. those based on seasonality; 2.6. identify the specific characteristics of each sub-area, such as location, accesses, power supply, communication system, ownership and users and other elements considered security-relevant; 2.7. identify potential threat scenarios for the port. The entire port or specific parts of its infrastructure, cargo, baggage, people or transport equipment within the port can be a direct target of an identified threat; 2.8. identify the specific consequences of a threat scenario. Consequences can impact on one or more sub-areas. Both direct and indirect consequences will be identified. Special attention will be given to the risk of human casualties; 2.9. identify the possibility of cluster effects of security incidents; 2.10. identify the vulnerabilities of each sub-area; 2.11. identify all organisational aspects relevant to overall port security, including the division of all security-related authorities, existing rules and procedures; 2.12. identify vulnerabilities of the overarching port security related to organisational, legislative and procedural aspects; 2.13. identify measures, procedures and actions aimed at reducing critical vulnerabilities. Specific attention will be paid to the need for, and the means of, access control or restrictions to the entire port or to specific parts of a port, including identification of passengers, port employees or other workers, visitors and ship PORTS SECURITY [ S.L.499.35 37 crews, area or activity monitoring requirements, cargo and luggage control. Measures, procedures and actions will be consistent with the perceived risk, which may vary between port areas; 2.14. identify how measures, procedures and actions will be reinforced in the event of an increase of security level; 2.15. identify specific requirements for dealing with established security concerns, such as "suspect" cargo, luggage, bunker, provisions or persons, unknown parcels, known dangers (e.g. bomb). These requirements will analyse desirability conditions for either clearing the risk where it is encountered or after moving it to a secure area; 2.16. identify measures, procedures and actions aimed at limiting and mitigating consequences; 2.17. identify task divisions allowing for the appropriate implementation of the measures, procedures and actions identified; and correct 2.18. pay specific attention, where appropriate, to the relationship with other security plans (e.g. port facility security plans) and other existing security measures. Attention will also be paid to the relationship with other response plans (e.g. oil spill response plan, port contingency plan, medical intervention plan, nuclear disaster plan, etc.); 2.19. identify communication requirements for implementation of the measures and procedures; 2.20. pay specific attention to measures to protect security-sensitive information from disclosure; 2.21. identify the need-to-know requirements of all those directly involved as well as, where appropriate, the general public. Added by: L.N. 3 of 2008. Second Schedule Port Security Plan 1. The port security plan sets out the port’s security arrangements. It will be based on the findings of the port security assessment. It will clearly set out detailed measures. It will contain a control mechanism allowing, where necessary, for appropriate corrective measures to be taken. 2. The port security plan will be based on the following general aspects: 2.1. defining all areas relevant to port security. Depending on the port security assessment, measures, procedures and actions may vary from sub-area to sub-area. Indeed, some sub areas may require stronger preventive measures than others. Special attention will be paid to the interfaces between sub-areas, as identified in the port security assessment; 2.2. ensuring coordination between security measures for areas with different security characteristics; 2.3. providing, where necessary, for varying measures both with regard to different parts of the port, changing security levels, and specific intelligence; 2.4. identifying an organisational structure supporting the enhancement of port 38 [ S.L.499.35 PORTS SECURITY security. 3. Based on those general aspects, the port security plan will attribute tasks and specify work plans in the following fields; 3.1. access requirements. For some areas, requirements will only enter into force when security levels exceed minimal thresholds. All requirements and thresholds will be comprehensively included in the port security plan; 3.2. ID, luggage and cargo control requirements. Requirements may or may not apply to sub areas; requirements may or may not apply in full to different sub-areas. Persons entering or within a sub-area may be liable to control. The port security plan will appropriately respond to the findings of the port security assessment, which is the tool by which the security requirements of each sub-area and at each security level will be identified. When dedicated identification cards are developed for port security purposes, clear procedures will be established for the issue, the use-control and the return of such documents. Such procedures will take into account the specificities of certain groups of port users allowing for dedicated measures in order to limit the negative impact of access control requirements. Categories will at least include seafarers, authority officials, people regularly working in or visiting the port, residents living in the port and people occasionally working in or visiting the port; 3.3. liaison with cargo control, baggage and passenger control authorities. Where necessary, the plan is to provide for the linking up of the information and clearance systems of these authorities, including possible pre-arrival clearance systems; 3.4. procedures and measures for dealing with suspect cargo, luggage, bunker, provisions or persons, including identification of a secure area; as well as for other security concerns and breaches of port security; 3.5. monitoring requirements for sub-areas or activities within sub-areas. Both the need for technical solutions and the solutions themselves will be derived from the port security assessment; 3.6. signposting. Areas with access and#or control requirements will be properly signposted. Control and access requirements will appropriately take into account all relevant existing law and practices. Monitoring of activities will be appropriately indicated if national legislation so requires; 3.7. communication and security clearance. All relevant security information will be properly communicated according to security clearance standards included in the plan. In view of the sensitivity of some information, communication will be based on a need-to-know basis, but it will include where necessary procedures for communications addressed to the general public. Security clearance standards will form part of the plan and are aimed at protecting security sensitive information against unauthorised disclosure; 3.8. reporting of security incidents. With a view to ensuring a rapid response, the port security plan will set out clear reporting requirements to the port security officer of all security incidents and, or to the port security authority; 3.9. integration with other preventive plans or activities. The plan will specifically deal with integration with other preventive and control activities in force in the port; 3.10. integration with other response plans and, or inclusion of specific response measures, procedures and actions. The plan will detail interaction and coordination w it h o th e r r e s p on s e a n d e m e rg e nc y p l a n s . W h e r e n e c e s s a r y c on f l icts and shortcomings will be resolved; 3.11. training and exercise requirements; PORTS SECURITY [ S.L.499.35 39 3.12. operational port security organisation and working procedures. The port security plan will detail the port security organisation, its task division and working procedures. It will also detail the coordination with port facility and ship security officers, where appropriate. It will delineate the tasks of the port security committee, if this exists; 3.13. procedures for adapting and updating the port security plan. Added by: L.N. 3 of 2008. Third Schedule Basic Security Training Exercise Requirements Various types of training exercises which may involve participation of port facility security officers, in conjunction with the relevant authorities of Member States, company security officers, or ship security officers, if available, will be carried out at least once during each calendar year with no more than 18 months elapsing between the training exercises. Requests for the participation of company security officers or ships security officers in joint training exercises will be made bearing in mind the security and work implications for the ship. These training exercises will test communication, coordination, resource availability and response. These training exercises may be:

(1)full scale or live;

(2)tabletop simulation or seminar; or

(3)combined with other exercises held such as emergency response or other port State authority exercises. Added by: L.N. 3 of

2. Fourth Schedule Conditions to be fulfilled by a recognised security organisation A recognised security organisation will be able to demonstrate: 1.
3. expertise in relevant aspects of port security; 1.
4. an appropriate knowledge of port operations, including knowledge of port design and construction; 1.
5. an appropriate knowledge of other security relevant operations potentially affecting port security; 1.
6. the capability to assess the likely port security risks; 1.
7. the ability to maintain and improve the port security expertise of its personnel; 1.
8. the ability to monitor the continuing trustworthiness of its personnel; 1.
9. the ability to maintain appropriate measures to avoid unauthorised disclosure of, or access to, security-sensitive material; 40 [ S.L.499.35 PORTS SECURITY 1.
10. knowledge of relevant national and international legislation and security requirements; 1.
11. knowledge of current security threats and patterns; 1.
12. the ability to recognise and detect weapons, dangerous substances and devices; 1.
13. the ability to recognise, on a non-discriminatory basis, characteristics and behavioural patterns of persons who are likely to threaten port security; 1.
14. knowledge of techniques used to circumvent security measures; 1.
15. knowledge of security and surveillance equipment and systems and their operational limitations.
16. A recognised security organisation which has made a port security assessment or review of such an assessment for a port is not allowed to establish or review the port security plan for the same port. Added by: L.N. 329 of
17. Fifth Schedule (Regulation 20) SHIP PRE-ARRIVAL SECURITY INFORMATION FORM FOR ALL SHIPS PRIOR TO ENTRY INTO THE PORT OF AN EU MEMBER STATE (1974 International Convention for the Safety of Life at Sea (SOLAS) Regulation 9 of Chapter XI-2 and Article 6

(3)of Regulation (EC) No 725/2004) Particulars of the ship and contact details. IMO number: Name of ship: Port of registry: Flag State: Type of ship: Call sign: Gross tonnage: Inmarsat call numbers (if available): CSO name and 24 hour contact details: Name of company and company identification number: Port of arrival: Port and port facility information. Port facility of arrival (if known): Expected date and time of arrival of the ship in port (ETA): Primary purpose of call: Information required by SOLAS Regulation 9.2.1 of Chapter XI-

1. [ S.L.499.35 PORTS SECURITY Does the ship have a valid International Ship Security Certificate (ISSC)? YES Does the ship have an approved SSP on board? YES ISSC NO NO – why not? Security Level at which the ship is currently operating: Issued by (name of Administration or RSO): Expiry date: Security Level 1 Security Level 3 Security Level 2 (dd/mm/ yyyy) Location of ship at the time the report is made: List the last 10 calls at port facilities in chronological order (most recent call first): No Date from Date to (dd/mm/ yyyy) (dd/mm/ yyyy) Port Country UN/ LOCODE (if available) Port facility Security Level 1 SL = 2 SL = 3 SL = 4 SL = 5 SL = 6 SL = 7 SL = 8 SL = 9 SL = 10 SL = Did the ship take any special or additional security measures, beyond those in the approved SSP? If the answer is YES, indicate below the special or additional security measures taken by the ship. YES No NO Special or additional security measures taken by the ship. (as above) 1 2 3 4 5 6 7 8 9 10 List the ship-to-ship activities, in chronological order (most recent first), which were carried out during the last 10 calls at port facilities listed above. Expand table below or continue on separate page if necessary – insert total number of ship-to-ship activities: Were the ship security procedures specified in the approved SSP maintained during each of these ship-to-ship activities? If NO, provide details of the security measures applied in lieu in the final column below. YES NO 41 42 [ S.L.499.35 No Date from (dd/mm/ yyyy) 1 PORTS SECURITY Date to (dd/mm/ yyyy) Location or longitude and latitude Ship-to-ship activity Security measures applied in lieu 2 3 4 5 6 7 8 9 10 General description of the cargo aboard the ship. Is the ship carrying any dangerous substances as cargo covered by any of Classes 1, 2.1, 2.3, 3, 4.1, 5.1, 6.1, 6.2, 7 or 8 of the IMDG Code? YES Confirm a copy of the ship’s crew list is attached. YES NO If YES, confirm Dangerous Goods Manifest (or relevant extract) is attached. YES Confirm a copy of the ship’s passenger is attached. Other security-related information. Is there any security-related matter you wish to report? YES Provide details: NO Agent of ship at intended port of arrival. Name: Contact details (Tel. No): Identification of person providing the information. Title or Position (delete as appropriate): Master/SSO/CSO/Ship’s agent (as above) Date/time/place of completion of report: Name: Signature: PORTS SECURITY Added by: L.N. 104 of
2. Sixth Schedule Ports and their Boundaries (Regulation 2) The Grand Harbour, Valletta, Malta Port of Marsaxlokk, Malta Port of Ċirkewwa, Malta Port of Mġarr, Gozo [ S.L.499.35 43 44 [ S.L.499.35 PORTS SECURITY The Grand Harbour, Valletta, Malta  PORTS SECURITY Port of Marsaxlokk, Malta [ S.L.499.35 45 46 [ S.L.499.35 PORTS SECURITY Port of Ċirkewwa, Malta  PORTS SECURITY Port of Mġarr, Gozo [ S.L.499.35 47