L.S. 499.71 Regolamenti dwar Faċilitajiet Portwali fejn Jintlaqa’ u jkun Ikkunsinnat l-Iskart minn Bastimenti

(1)These regulations bring into effect the provisions of Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC. Scope.

(2)This Directive, as transposed, aims to protect the marine environment against the negative effects from discharges of waste from ships using ports located in the Union, while ensuring the smooth operation of maritime traffic, by improving the availability and use of adequate port reception facilities and delivery of waste to those facilities. 3. requires:

(1)In these regulations, unless the context otherwise "the Act" means the Authority for Transport in Malta Act; Interpretation. Cap.

1. "appropriate inspector" shall mean any officer representing the Authority and appointed in accordance with the provisions of the Act to carry out inspections in terms of these regulations; "authorised port reception facility" shall mean a port waste reception facility that holds a valid permit issued under the Waste Regulations, made under the Environment Protection Act, and an authorisation to operate in a port or terminal by the Authority; "the Authority" means the Authority for Transport in Malta as established in terms of article 5 of the Act; "cargo residues" means the remnants of any cargo material on board which remains on the deck or in holds or tanks following loading and unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash-water, but excluding cargo dust remaining on deck after sweeping or dust of the external surfaces of the ship; "Directive 2006/66/EC" means Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and S.L. 549.
2. Cap.
3. 1 2 [ S.L. 499.71 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS repealing Directive 91/157/EEC; "Directive 2008/98/EC" means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste; "Directive 2012/19/EU" means Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE); "fishing vessel" means any ship equipped or used commercially for catching fish or other living resources from the sea; "frequent port calls" means visits by a ship to the same port taking place at least once a fortnight; "GISIS" means the Global Integrated Shipping Information System set up by the IMO; "indirect fee" means a fee paid for the provision of port reception facility services, irrespective of the actual delivery of waste from ships; "internal waters" shall have the same meaning as assigned to it in the Act; "MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships, in its up-to-date version; "passively fished waste" means waste collected in nets during fishing operations; "port" means a place or a geographical area made up of such improvement works and equipment designed principally to permit the reception of ships, including the anchorage area within the jurisdiction of the port; "port reception facility" means any facility which is fixed, floating or mobile and capable of providing the service of receiving the waste from ships; "recreational craft" means a ship of any type, with a hull length of 2.5 metres or more, regardless of the means of propulsion, intended for sports or leisure purposes, and not engaged in trade; "regular port calls" means repeated voyages of the same ship forming a constant pattern between identified ports or a series of voyages from and to the same port without intermediate calls; "Regulation (EC) No 1069/2029" means Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation); "Regulation (EU) 2017/352" means Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports; "SafeSeaNet" means the Union Maritime Information and Exchange System established by Directive 2002/59/EC, as transposed and implemented through the Vessel Traffic Monitoring and Reporting Requirements Regulations, and through which the electronic notifications and reporting obligations of these regulations, and on the basis of regulation 21, shall be made; S.L. 499.
4. "scheduled traffic" means traffic based on a published or planned list of times of departures and arrivals between identified ports or recurrent crossings that constitute a recognised schedule; "ship" means a sea-going vessel of any type whatsoever operating in the marine environment, including fishing vessels, recreational craft, hydrofoil boats, air-cushion vehicles, submersibles and floating craft; "sufficient storage capacity" means enough capacity to store the waste on board the ship from the moment of departure until the next port of call, including the waste that is likely to be generated during the voyage; "terminal" means a place where ships are moored, berthed or docked to obtain services such as handling of cargo or passengers, repairs, waste removal, bunkering, laid-up and any other services related to ships and maritime activities, including marinas; "territorial waters" means the waters described in article 3

(1)of the Territorial Waters and Contiguous Zone Act and includes any waters enclosed between the base lines therein mentioned and the coast; "treatment" means recovery or disposal operations, including preparation prior to recovery or disposal; and "waste from ships" means all waste, including cargo residues, which is generated during the service of a ship or during loading, unloading and cleaning operations and which falls within the scope of Annexes I, II, IV, V and VI to the MARPOL Convention, as well as passively fished waste.

(2)Without prejudice to the above definition of "waste from ships", such shall be considered to be waste within the meaning of point 1 of Article 3 of Directive 2008/98/EC. Cap. 226. 3 4 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71

(3)For the purposes of these regulations, the competent authority in Malta shall be the Authority for Transport in Malta, and in respect of any other State the authority designated as such by the respective Government. Applicability. 4.

(1)These regulations shall apply to any port or terminal within a port in Malta normally visited by ships falling within the scope of sub-regulation

(2).

(2)These regulations shall apply to all ships, irrespective of their flag, calling at, or operating within, any port or terminal in Malta, with the exception of: (a) ships engaged in port services within the meaning of Article 1

(2)of Regulation (EU) 2017/352; and (b) warships, naval auxiliaries or other ships owned or operated by a State and used, for the time being, only on a government non-commercial service: Provided that such excepted ships still have the general obligation not to cause pollution and to protect the marine environment; and therefore they shall always deliver their waste in a separated manner and use the appropriate port reception facilities in place, and pay the applicable expenses for such use. These ships shall be subject to any necessary inspections and action in terms of law by the Authority.

(3)In order to avoid undue delay to ships, the Authority may exclude the anchorage areas falling under the jurisdiction of a port from the application of regulations 7, 8 and 9. Cap. 549. S.L. 549.63. Port reception facilities.

(4)These regulations shall apply without prejudice to any regulations issued under the Environment Protection Act, in particular the Waste Regulations. 5.

(1)The port or terminal operator shall ensure that adequate authorised port reception facilities be available to meet the needs of ships normally using the port or terminal in question without causing undue delay to ships.

(2)In sub-regulation

(1)"adequate" means: (

1. a)capable of receiving the types and quantities of waste from ships normally using that port or terminal taking into account: (
2. i)the operational needs of the users of the port or terminal; (
3. ii)the size and geographical location of the PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 port or terminal; (iii) the types of ships calling at that port or terminal; and (
4. iv)any regulation 10; exemptions provided for under (
5. b)ensuring that the formalities and practical arrangements in place relating to the use of the port reception facilities are simple and expeditious to avoid undue delay to ships; (
6. c)ensuring that the fees charged for the delivery of waste do not create a disincentive for ships to use the port reception facilities; and (
7. d)capable of managing the waste from ships in an environmentally sound manner in accordance with Directive 2008/98/EC and any other relevant Union and national waste law: Provided that the operator of the port or terminal shall ensure separate collection to facilitate reuse and recycling of waste from ships calling such port or terminal as required under Union waste law, in particular Directive 2006/66/EC, Directive 2008/98/EC and Directive 2012/19/EU; Provided further that in order to facilitate this process, the operator of the port or the terminal may collect the separate waste fractions in accordance with waste categories defined in the MARPOL Convention, taking into account the guidelines thereof; Provided further that the measures in this sub-paragraph shall apply without prejudice to the more stringent requirements imposed by Regulation (EC) No 1069/2009.

(3)A port or terminal operator may, in discharging his duties under sub-regulation

(1), join with any other person in providing the port reception facilities, and references in these regulations to the provision of such facilities by the port or terminal operator shall be construed accordingly; and any such power shall also include the power to arrange for the provision of such port reception facilities by any other person.

(4)The port or terminal operator shall ensure that waste delivery or reception operations are carried out with sufficient safety measures to avert risks to persons and to the environment at the respective port or terminal. Appropriate inspections to ensure compliance shall be carried out by the Authority and the competent national authorities responsible for occupational health and safety and 5 6 [ S.L. 499.71 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS the environment respectively.

(5)The Authority shall investigate all reported cases of alleged inadequacies regarding port reception facilities that are received, and shall use the IMO forms and procedures to notify the IMO and the reporting Flag State of the outcome of the investigation.

(6)Any party involved in the delivery or reception of waste from ships can claim compensation in terms of law and the applicable legal proceedings for any damage caused by undue delay. Waste reception and handling plans. 6.

(1)A port or terminal operator shall prepare and keep updated, following ongoing consultations with all stakeholders, a waste reception and handling plan with respect to the provision and the use of port reception facilities.

(2)A waste reception and handling plan prepared under this regulation shall comply with the detailed requirements in the First Schedule.

(3)A port or terminal operator shall ensure that the following information from the waste reception and handling plan, dealing with the availability of adequate port reception facilities in the respective port or terminal and the structure of costs, is clearly communicated to the ship operators, is made publicly available and is easily accessible, in the English language and, if deemed appropriate, also in the Maltese language: (

1. a)the location of the port reception facilities applicable to each berth, and where relevant, their opening hours; (
2. b)a list of waste from ships normally managed by such port or terminal; (
3. c)the list of contact points, of the port reception facility operators and of the services provided; (
4. d)a description of the procedures for the delivery of the waste; and (
5. e)a description of the cost recovery system, including waste management schemes and funds as advised by the Authority from to time, where applicable. All the information referred to in this sub-regulation shall be made available electronically and kept up-to-date by the port or terminal operator; and shall be communicated from time to time to the Authority. The Authority shall keep this information up-to-date in SafeSeaNet. PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71

(4)Where required for reasons of efficiency and following approval by the Authority, the waste reception and handling plans may be developed jointly by two or more neighbouring port or terminal operators in the same geographical area, with the appropriate involvement of each port or terminal operator concerned, provided that the need for and availability of port reception facilities are specified for each port or terminal.

(5)Subject to sub-regulation

(7), a port or terminal operator shall submit his updated waste reception and handling plan to the Authority for approval in accordance with sub-regulation

(1)within six months from the coming into force of these regulations.

(6)A port operator for a new port, or a terminal operator for a new terminal, shall submit a waste reception and handling plan to the Authority for approval in accordance with sub-regulation

(1), within three months from the first day of operation of the port or terminal.

(7)A port or terminal operator shall submit subsequent waste reception and handling plans to the Authority for approval in accordance with sub-regulation

(1): (a) within nine months of any significant change to the operation of the port or terminal since the most recent waste reception and handling plan was approved by the Authority pursuant to sub-regulation

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

(8); or (b) not later than five years after the most recent plan was approved by the Authority pursuant to sub-regulation

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

(8), whichever is the sooner: Provided that where during the previous five-year period no significant changes have taken place, the reapproval by the Authority may consist of a validation of the existing plan.

(8)If the Authority is satisfied that a person who is required to prepare a waste reception and handling plan is not taking any steps necessary in connection with the preparation of this plan, the Authority may, in consultation with the competent authority nominated by the Minister responsible for the environment under the Environment Protection Act, prepare such a plan.

(9)The Authority may, in consultation with the competent authority nominated by the Minister responsible for the environment under the Environment Protection Act, either approve the reception and handling management plan or request modifications thereto and a modified plan to be submitted within a date as directed by the Authority. Cap. 549. Cap. 549. 7 8 [ S.L. 499.71 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS

(10)A waste reception and handling plan that has been approved by the Authority pursuant to sub-regulation

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

(8)shall be implemented by the port or the terminal operator for the port or terminal to which the plan relates.

(11)The Authority shall monitor the implementation of the waste reception and handling plan; and may direct a port or terminal operator to take such steps as are required and specified for the purpose of ensuring the correct implementation of the waste reception and handling plan.

(12)The Authority may exempt the operators of small noncommercial ports, or terminals within such ports, characterised by rare or low traffic from recreational craft only, from the requirements of the previous sub-regulations: (

1. a)if their port reception facilities are integrated in the waste handling system managed by or on behalf of the relevant port or terminal or the Authority; and (
2. b)the information regarding the waste management system in place is made available to the users of such ports and terminals. The Authority shall notify the name and location of such ports or terminals electronically in SafeSeaNet. Advance waste notification. S.L. 499.34. 7.

(1)The Master, operator or agent of a ship falling within the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations, bound for a port or terminal, shall complete truthfully and accurately in full the advance waste notification form in the Second Schedule and notify that information to the Authority: (

1. a)at least 24 hours prior to arrival, if the port of call is known; or (
2. b)as soon as the port of call is known, if this information is available less than 24 hours prior to arrival; or (
3. c)at the latest upon departure from the previous port, if the duration of the voyage is less than 24 hours.

(2)It shall be the duty of the Master, operator or the agent of a ship to communicate also such information to the port or terminal operator at which the ship will be calling and to request for the authorised port reception facility.

(3)The information referred to in sub-regulation

(1)shall be made available upon request to the Authority; and shall be available on board, preferably in electronic form, at least until the next port of call. PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71

(4)The advance waste notification and reporting formality obligation required in accordance with the provisions of these regulations shall be reported electronically in SafeSeaNet; and shall be subject to the provisions of the Vessel Traffic Monitoring and Reporting Requirements Regulations. 9 S.L. 499.34.

(5)The Authority shall ensure that the information that is notified and reported in terms of this regulation is examined and shared with the relevant enforcement authorities without delay. 8.

(1)The Master of a ship calling at a port or terminal shall, before leaving the port or terminal, deliver all waste to an authorised port reception facility in accordance with the relevant discharge norms laid down in the MARPOL Convention. Delivery of waste from ships.

(2)Upon delivery, the operator of the authorised port reception facility or of the port or terminal where the waste was delivered shall complete truthfully and accurately in full the waste delivery receipt form set out in the Third Schedule and shall issue and provide, without undue delay, such waste delivery receipt to the Master of the ship: Provided that, the obligation to issue a waste delivery receipt shall not apply in small ports or terminals with unmanned facilities or are remotely located, subject that the Authority has notified the name and location of such ports and terminals electronically SafeSeaNet.

(3)The Master, operator or agent of a ship falling within the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations shall, before departure or as soon as the waste delivery receipt has been received, electronically report the information contained therein in SafeSeaNet; and in accordance with the provisions of the Vessel Traffic Monitoring and Reporting Requirements Regulations.

(4)The information from the waste delivery receipt shall be made available upon request to the Authority; and shall be available on board for at least two years, where relevant together with the Oil Record Book, Cargo Record Book, Garbage Record Book or the Garbage Management Plan.

(5)Notwithstanding sub-regulation

(1), a ship may proceed to the next port of call without delivering the waste, if: (

1. a)the information provided in accordance with the Second and Third Schedules shows that there is sufficient dedicated storage capacity for all waste that has been accumulated thereon and which will be accumulated thereon during the intended voyage of the ship until the next port of call; S.L. 499.34. S.L. 499.34. 10 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 S.L. 499.34. (
2. b)the information available on board a ship falling outside the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations shows that there is sufficient dedicated storage capacity for all waste that has been accumulated thereon and which will be accumulated thereon during the intended voyage of the ship until the next port of call; or (
3. c)the ship only calls at an anchorage area for less than 24 hours or under adverse weather conditions, unless such anchorage area has been excluded in accordance with the provisions of regulation 4

(3). The requirements of this sub-regulation shall apply without prejudice to more stringent requirements for ships adopted in accordance with international law.

(6)The Authority shall request the Master, operator or agent of the ship to deliver, before departure from the port or terminal, its waste if: (

1. a)it cannot be established, based on the information, including information electronically available in SafeSeaNet or in GISIS, that adequate port reception facilities are available at the next port of call; or (
2. b)Cost recovery systems. the next port of call is unknown. 9.

(1)The Authority shall ensure that the costs of operating port reception facilities for the treatment and reception of waste from ships, other than cargo residues: (

1. a)are covered from the collection of a fee from ships; and (
2. b)provide no incentive for ships to discharge their waste at sea.

(2)All ships calling at a port or terminal, including those that have not delivered waste before leaving the port or terminal, shall, in order to contribute significantly to the costs referred to in subregulation

(1), irrespective of the actual use of the facilities, be liable to pay an indirect fee.

(3)regulation: The fees established and published in terms of this (

1. a)may be differentiated on the following basis: (
2. i)the category, type and size of the ship; PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 (
3. ii)the provision of certain services to ships outside normal operating hours in the port or terminal; or (iii) (
4. b)the hazardous nature of the waste; and shall be reduced on the following basis: (
5. i)the type of trade the ship is engaged in, in particular when a ship is engaged in short sea shipping trade; and, or (iii) the ship’s design, equipment and operation demonstrate that the ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner.

(4)The Authority, operator of a port or terminal, and operator of an authorised port reception facility shall publish and keep updated the amount of the fees and the basis on which they have been calculated; and shall ensure that such are publicly available and easily accessible to the users of such port or terminal, in the English language and, if deemed appropriate, also in the Maltese language. Such fees and calculations must also be included in the waste reception and handling plan.

(5)The fees payable to the Authority and, or to the operators of the ports or terminals and, or to the operators of authorised port reception facilities under this regulation shall be as established, from time to time. 10.

(1)The Authority may exempt a ship calling a port or terminal from the obligations stipulated in regulations 7, 8 and 9 where there is sufficient evidence that: (

1. a)the ship is engaged in scheduled traffic with frequent and regular port calls; (
2. b)there is an arrangement to ensure the delivery of the waste and payment of the fees in a port along the ship’s route which: (
3. i)is evidenced by a signed contract with a port or waste contractor and by waste delivery receipts; (
4. ii)route; and has been notified to all ports on the ship’s (iii) has been accepted by the port where delivery and payment take place, which can be a Union port or another port in which, as established on the basis of the information reported electronically SafeSeaNet Exemptions. 11 12 [ S.L. 499.71 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS and in GISIS, adequate port reception facilities are available; and (
5. c)the exemption does not pose a negative impact on maritime safety, health, shipboard living or working conditions, or on the marine environment.

(2)If an exemption is granted, the Authority shall issue an exemption certificate, based on the format set out in the Fourth Schedule, confirming that the ship meets the necessary conditions and requirements for the application of the exemption and stating the duration of such exemption. The Authority shall report the information from an exemption certificate electronically in SafeSeaNet.

(3)Notwithstanding the exemption granted, a ship shall not be allowed to proceed to the next port of call if there is insufficient dedicated storage capacity for all waste that has been accumulated and that which will be accumulated during the intended voyage of the ship until the next port of call. Inspections and enforcement. S.L. 499.34. 11.

(1)All ships shall be subject to the inspection regime established by the Authority and to an inspection by an appropriate inspector in terms of such regime, including random ones, in order to verify that they comply with the provisions of these regulations: Provided that, ships falling outside the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations shall still be subject to the inspection regime to ensure, as far as practicable, compliance with the provisions of these regulations.

(2)Where the Authority becomes aware or has clear evidence that the Master, the operator or the agent of a ship has not complied with the provisions of regulation 7 or 8, or considers that there are clear grounds for believing that the declaration made and the information given for the purposes of the Second Schedule and, or the Third Schedule do not correspond substantially with the state of the ship, it may request an inspection of the ship by an appropriate inspector.

(3)The inspections carried out shall also ensure effective monitoring and enforcement of the arrangements for the delivery and payment in place for the exempted ships calling ports or terminals.

(4)The Authority may detain a ship in port if it did not deliver its waste in accordance with these regulations and until such a date to ensure compliance with the provisions of these regulations.

(5)Where there is clear evidence that a ship has proceeded to sea without having complied with regulation 8, the Authority shall, if the next port of call of the ship is known, inform the competent authority of the State in which the port is situated about the ship and with the evidence that has been collected. PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71

(6)Where the Authority has been informed by the competent authority of another State of a ship in respect of which there is clear evidence of the type mentioned in sub-regulation

(2), the Authority may request an inspection of the ship by an appropriate inspector at the earliest opportunity.

(7)If the Authority is not satisfied with the results of an inspection carried out in terms of these regulations, it shall, without prejudice to the application of penalties or any other legal or enforcement action in terms of law, direct a ship to deliver its waste to an authorised port reception facility and shall detain the ship until the delivery of waste operations are ready.

(8)The Authority shall ensure that the information related to the inspections carried out in terms of the provisions of these regulations, including information regarding non-compliance and prohibition of departure orders issued, is inputted without delay in the Commission inspection database as soon as: (a) (b) lifted; or (c) the inspection report has been completed; the order of prohibition of departure has been an exemption has been granted.

(9)The Authority shall not, in the exercise of its power under this regulation, detain or delay the ship without any reason. 12.

(1)The operator of an authorised port reception facility and of a port and terminal shall ensure that all his personnel receive the necessary training to acquire knowledge which is essential for their work on dealing with waste, with specific attention to health and safety aspects pertaining to dealing with hazardous materials, and that training requirements are regularly updated to meet the challenges of technological innovation. Training of personnel.

(2)Without prejudice to the generality of the foregoing, this obligation shall be subject to the applicable legislation in force dealing with occupational health and safety and protection of the environment, and to any directives by the responsible national competent authorities. 13.

(1)The Authority shall appoint any person to examine, investigate or inspect a port or terminal, or an authorised port reception facility or any relevant document. A person appointed by the Authority to carry out such functions shall have the power to: (

1. a)board freely, and without previous notice, a ship at any place and at any time of day or night; (
2. b)enter into freely, and without previous notice, any Inspections and investigations. 13 14 [ S.L. 499.71 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS port or terminal operator’s premises or building at any place and at any time of day or night; (
3. c)request the assistance of a member of the Police force in the execution of his duties; (
4. d)question any person connected with the execution of these regulations; and (
5. e)inspect any document the keeping of which is prescribed by these regulations.

(2)Whoever shall hinder or obstruct a person appointed by the Authority from allowing him to carry out his duties under these regulations or refuses to comply with the directions which he may be given by such person, shall be guilty of an offence. Directives by the Authority.

1. The Authority may issue directives to port or terminal operators and Masters, operators and agents of ships in respect of the removal of waste from ships or a port or a terminal for the purpose of avoiding inconvenience, accidents or pollution to the marine environment. Observance of these regulations.
2. The liability and responsibility for the observance of these regulations shall rest solely with the port or terminal operator, authorised port reception facility, authorised undertaking and the Master, operator and agent of a ship. The Authority shall not be held liable for any consequences arising from any acts or omissions in respect of any of the requirements of these regulations. Statistics and other information. 16.

(1)Any person shall provide the Authority, when requested to do so and without delay, all data, statistics and other information, pursuant to the provisions of these regulations, requested by the Authority from time to time, in such format as the Authority may prescribe.

(2)The operator of an authorised port reception facility or a port or terminal shall monitor and collect data on the volume and quantity of passively fished waste is collected; and shall submit such information to the Authority, as directed by the Authority from time to time, to be reported to the Commission. Offences. S.L. 499.34. 17.

(1)Any operator of a port or terminal, or a Master or operator or agent of a ship, who breaches or fails to comply with the provisions of these regulations commits an offence and is liable, upon conviction: (

1. a)where the person is an operator of a port or terminal, or a Master or operator or agent of a ship falling within the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations or a ship which operates commercially within PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 Maltese internal and territorial waters, to a fine (multa) not less than two thousand and five hundred euro (€2,500) and not exceeding one hundred thousand euro (€100,000) for each offence; and in the case of a continuing offence, to a further fine (multa) not less than five hundred euro (€500) and not exceeding one thousand and five hundred euro (€1,500) for each offence for every day or part thereof during which the offence persists; and (
2. b)where the person is an operator or a Master or agent of any other ship, including recreational craft and fishing vessels, which do not fall within the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations, to a fine (multa) not less than five hundred euro (€500) and not exceeding five thousand euro (€5,000) for each offence; and in the case of a continuing offence, to a further fine (multa) not less than one hundred euro (€100) and not exceeding five hundred euro (€500) for each offence for every day or part thereof during which the offence persists. S.L. 499.34.

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

(3)Proceedings for an offence against these regulations shall be instituted before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature. Cap. 9. 18.

(1)If an operator of a port or terminal, or a Master or operator or agent of a ship, breaches or fails to comply with any of the requirements of these regulations or directives given by the Authority or the provisions of the waste reception and handling plan, the Authority shall handover to such person a notice containing a general description of the breach or non-compliance and may: Administrative fines. (

1. a)require the Master or operator or agent of a ship to remove the waste within such a time and deliver it to such a place as the Authority may require; and if he fails to comply, the Authority may cause the removal of such waste at the risk and expense of the Master, operator and agent of the ship; (
2. b)in terms of the provisions of the Act, impose an administrative fine of not less than two hundred and fifty euro (€250) in respect of each breach or non-compliance; or not less 15 16 [ S.L. 499.71 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS than one hundred euro (€100) for every day or part thereof during which the breach or non-compliance subsists, from the date of the final decision of the Authority: Provided that the administrative fine shall be paid to the Authority within such time indicated in the notice, which in no case shall be less than seven days, provided that where any administrative fine imposed under this regulation is not paid within the aforementioned period, proceedings in respect of the breach or noncompliance may be taken in accordance with the provisions of these regulations; (
3. c)notwithstanding paragraphs (
4. a)and (b), the Authority may also order the detention of the ship until such time as the breach or non-compliance is rectified.

(2)The compliance of the operator of a port or terminal, or a Master or operator or agent of a ship, with the provisions of subregulation

(1)shall for all intents and purposes of law, be deemed to be an admission of the breach or non-compliance, and no further action shall be taken in respect of such breach or non-compliance. Provisions with respect to offences. 19.

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

(2)In particular, the provisions referred to in sub-regulation

(1)shall not affect the application of any higher punishment under any other law or regulations. Other fees. 20. Without prejudice to the provisions of regulation 9, all other fees payable to the Authority in terms of these regulations shall be as established, from time to time, by the Authority. Reporting and exchange of information. 21.

(1)The notification, reporting and exchange of data and information in terms of these regulations shall be based on SafeSeaNet. S.L. 499.34. S.L. 499.34.

(2)The Authority shall ensure that the following data and information is reported electronically and within reasonable time through SafeSeaNet in terms of the provisions of the Vessel Traffic Monitoring and Reporting Requirements Regulations: (

1. a)the information on the actual time of arrival and time of departure of every ship falling within the scope of the Vessel Traffic Monitoring and Reporting Requirements Regulations calling at a port or terminal, together with an identifier of the port or terminal concerned; and PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 (
2. b)all the data and information laid down in the provisions of these regulations. 22. Unless provided otherwise by these regulations, any authorisation, approval or exemption given by the Authority in terms of the Port Reception Facilities for Ship-generated Wastes and Cargo Residues Regulations, 2004 shall remain into force and valid until their term of validity expires. Transitional provision. 23. Any obligation, liability, penalty or punishment incurred under the Port Reception Facilities for Ship-generated Wastes and Cargo Residues Regulations, 2004 or in connection with any breach of the provisions of those regulations, or any proceedings or remedy relating to any such obligation, liability, penalty or punishment, shall not be affected by such revocation. Saving. 17 [ S.L. 499.71 18 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS FIRST SCHEDULE REQUIREMENTS FOR WASTE RECEPTION AND HANDLING PLANS (as referred to in regulation 6) 1. Waste reception and handling plans shall cover all types of waste originating from ships normally visiting the port or terminal and shall be developed according to the size of the port or terminal and the types of ships calling at that port or terminal. 2. Waste reception and handling plans shall address the following elements, in detail: (
3. a)an assessment of the need for port reception facilities, in light of the need of the ships normally visiting the port or terminal; (
4. b)a description of the type and capacity of port reception facilities; (
5. c)a description of the procedures for the reception and collection of waste from ships; (
6. d)a description of the cost recovery system; (
7. e)a description of the procedure for reporting alleged inadequacies of port reception facilities; (
8. f)a description of the procedure for ongoing consultations with port or terminal users, authorised waste management undertakings and contractors, terminal operators and other interested parties; and (
9. g)an overview of the type and quantities of waste received from ships and handled in the facilities. 3. In addition, waste reception and handling plans should include: (
10. a)a summary of the relevant national legislation and the procedure and formalities for the delivery of the waste to port facilities; (
11. b)an identification of a point of contact to be responsible for the implementation of the waste reception and handling plan; (
12. c)a description of the pre-treatment equipment and process for specific waste streams in the port or terminal, if any; (
13. d)a description of methods for recording the actual use of the port reception facilities; (
14. e)a description of methods for recording the amounts waste delivered from ships received; and (
15. f)a description of methods for managing the different waste streams in the port or terminal. PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 19 The procedures for reception, collection, storage, treatment and disposal of waste should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity shall be presumed if the procedures are in compliance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC. 4. Waste reception and handling plans shall also comply with the provisions of regulation 6

(3). PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 20 SECOND SCHEDULE STANDARD FORMAT OF THE ADVANCE NOTIFICATION FORM FOR WASTE DELIVERY TO PORT RECEPTION FACILITIES (as referred to in regulation 7) Notification of the delivery of waste to:_________________________ (enter name of port of call, as referred to in Article 6 of Directive (EU) 2019/883, as transposed by the Port Reception Facilities for the Delivery of Waste from Ships Regulations (S.L. 499.71) This form should be retained on board the ship along with the appropriate Oil Record Book, Cargo Record Book, Garbage Record Book or Garbage Management Plan as required by the MARPOL Convention.

1. SHIP PARTICULARS 1.1 Name of ship: 1.5 Owner or operator: 1.2 IMO number: 1.6 Distinctive number or letters: MMSI (Maritime Mobile Service Identity) number: 1.3 Gross tonnage: 1.4 Type of ship:
2. 1.7 o Oil tanker o Bulk carrier o Other cargo ship o Ro-Ro Flag State: o Chemical tanker o Container ship o Passenger ship o Other (specify) PORT AND VOYAGE PARTICULARS 2.1 Location/terminal name: 2.6 Last port where waste was delivered: 2.2 2.3 Arrival date and time: 2.7 Date of last delivery: Departure date and time: 2.8 Next port of delivery: 2.4 Last port and country: 2.9 2.5 Next port and country (if known): Person submitting this form (if other than the Master): PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS
3. [ S.L. 499.71 TYPE AND AMOUNT OF WASTE AND STORAGE CAPACITY Type Waste to be delivered (m3) Maximum dedicated storage capacity (m3) Amount of waste retained on board (m3) Port at which remaining waste will be delivered Estimated amount of waste to be generated between notification and next port of call (m3) MARPOL Annex I – OIL Oily bilge water Oily residues (sludge) Oily tank washings Dirty ballast water Scale and sludge from tank cleaning Other (please specify) MARPOL Annex II – NOXIOUS LIQUID SUBSTANCES (NLS)

(1)Category X substance Category Y substance Category Z substance OS – other substances MARPOL Annex IV – SEWAGE MARPOL Annex V – GARBAGE A. Plastics B. Food waste C. Domestic waste (e.g. paper products, rags, glass, metal, bottles, crockery, etc.) D. Cooking oil E. Incinerator ashes 21 [ S.L. 499.71 22 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS F. Operational wastes G. Animal carcass(es) H. Fishing gear I. E-waste J. Cargo residues

(2)(Harmful to the Marine Environment – HME) K. Cargo residues

(3)(non-HME) MARPOL Annex VI – AIR POLLUTION related Ozone- depleting substances and equipment containing such substances

(4)Exhaust gas cleaning residues Other waste, not covered by MARPOL Passively fished waste . . . .

1. Indicate the proper shipping name of the NLS involved.
2. May be estimates. Indicate the proper shipping name of the dry cargo.
3. May be estimates. Indicate the proper shipping name of the dry cargo.
4. Arising from normal maintenance activities on board. Notes
5. purposes. This information may be used for port State control and other inspection
6. This form is to be completed unless the ship is covered by an exemption in accordance with Article 9 of Directive (EU) 2019/883 as transposed by regulation 10 of the Port Reception Facilities for the Delivery of Waste from Ships Regulations (S.L. 499.71). PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 23 THIRD SCHEDULE STANDARD FORMAT FOR THE WASTE DELIVERY RECEIPT (as referred to in regulation 8) The designated representative of the authorised port reception facility provider shall provide the following form to the Master of a ship that has delivered waste in accordance with Article 7 of Directive (EU) 2019/883, as transposed by the Port Reception Facilities for the Delivery of Waste from Ships Regulations (S.L. 499.71) This form should be retained on board the ship along with the appropriate Oil Record Book, Cargo Record Book, Garbage Record Book or Garbage Management Plan as required by the MARPOL Convention.
7. PORT RECEPTION FACILITY AND PORT PARTICULARS 1.1 Location/terminal name: 1.2 Port reception facility provider(s): 1.3 Treatment facility provider(s) – if different from above: 1.4 Waste delivery date and time from:to:
8. SHIP PARTICULARS 2.1 Name of ship: 2.5 Owner or operator: 2.2 IMO number: 2.6 Distinctive number or letters: MMSI (Maritime Mobile Service Identity number: 2.3 Gross tonnage: 2.4 Type of ship:
9. 2.7 Flag State: o Oil tanker o Chemical tanker o Bulk carrier o Container ship o Other cargo ship o Passenger ship o Ro-Ro o Other (specify) TYPE AND AMOUNT OF WASTE RECEIVED MARPOL Annex I – OIL Quantity (m3) MARPOL Annex V – GARBAGE Oily bilge water A. Plastics Oily residues (sludge) B. Food waste Oily tank washings C. Domestic waste (e.g. paper products, rags, glass, metal, bottles, crockery, etc.) Dirty ballast water D. Cooking oil Scale and sludge from tank cleaning E. Incinerator ashes Quantity (m3) [ S.L. 499.71 24 PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS Other (please specify) F. Operational waste G. Animal carcass(es) H. Fishing gear I. E-waste J. Cargo residues

(1)(Harmful to the Marine Environment – HME) K. Cargo residues

(1)(non-HME) MARPOL Annex II – NOXIOUS LIQUID SUBSTANCES (NLS) Quantity (m3) / name

(2)MARPOL Annex VI – AIR POLLUTION related Category X substance Ozone-depleting substances and equipment containing such substances Category Y substance Exhaust gas-cleaning residues Quantity (m3) Category Z substance OS – other substance MARPOL Annex IV – SEWAGE Quantity (m3) Other waste, not covered by MARPOL Passively fished waste . .

1. Indicate the proper shipping name of the dry cargo.
2. Indicate the proper shipping name of the NLS involved. Quantity (m3) PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS [ S.L. 499.71 25 FOURTH SCHEDULE EXEMPTION CERTIFICATE PURSUANT TO ARTICLE 9 IN RELATION TO THE REQUIREMENTS UNDER ARTICLE 6, ARTICLE 7

(1)AND ARTICLE 8 OF DIRECTIVE (EU) 2019/883, AS TRANSPOSED BY THE PORT RECEPTION FACILITIES FOR THE DELIVERY OF WASTE FROM SHIPS REGULATIONS S.L. 499.30), AT THE PORT[S] OF [INSERT PORT] IN [INSERT MEMBER STATE]* (as referred to in regulation 10) Name of ship [insert name of ship] Distinctive number or letters [insert IMO number] Flag State [insert name of the Flag State] is in scheduled traffic with frequent and regular port calls at the following port(s) located in [insert name of the Member State] according to a schedule or predetermined route: [] and calls at these ports at least once a fortnight: [] and has made an arrangement to ensure the payment of the fees and the delivery of waste to the port or a third party at the port of: [] and is thus exempted, in accordance with [insert relevant provision in national legislation of the country], [from the requirements on: [] mandatory delivery waste from ships, [] the advance waste notification, and [] the payment of the mandatory fee, at the following port(s):] This certificate is valid until [insert date], unless the grounds for issuing the certificate are changed before that date. Place and date Name Title * Delete if not appropriate.