PREVENTION OF POLLUTION FROM SHIPS [ S.L.234.32 1
SUBSIDIARY LEGISLATION 234.32
MERCHANT SHIPPING (PREVENTION OF 
POLLUTION FROM SHIPS) REGULATIONS
4th February, 2003
LEGAL NOTICE 58 of 2003.
Citation.
(Prevention of Pollution from Ships)  Regulations.
Interpretation.
requires -
Cap. 234.
"Annex I" means Annex I to the MARPOL Convention including
appendices thereto;
"Annex II" means Annex II to the MARPOL Convention
including appendices thereto;
"appropriate inspector" shall have the same meaning as is
assigned to it in article 154 of the Act;
Cap. 226.
"Maltese waters" shall have the same meaning as is assigned to it
in the Territorial Waters and Contiguous Zone Act;
"MARPOL Convention" means the International Convention for
the Prevention of Pollution from Ships, signed in London on 2nd
November, 1973 as modified by the Protocol of 1978 relating
thereto signed in London on 17th February, 1978;
"Protocol I" means Protocol I to the MARPOL Convention.
(2) Any reference in these regulations, but in particular in
regulation 4(1), to a convention, protocol or annex shall include
reference to any amendment to such convention, protocol or annex
as from time to time may be ratified, acceded to or accepted by the
Government of Malta, and where the context allows, it shall
include also reference to any other instruments, standards and
specifications of a mandatory nature related thereto as may from
time to time be adopted or developed by the International Maritime
Organisation or in terms of regulation 4(2)( a ).
(3) Unless otherwise defined in these regulations or unless the
context otherwise requires, words and expressions used in these
regulations shall have the same meaning assigned to them in the
MARPOL Convention or in Protocol I, or in Annex I or in Annex
II, as the case may be.
(4) The terms "administration" and "the competent authority of
the Government of a Party" as used in Annex I or in Annex II shall,
with reference to Malta, and where the context so requires, for the
purposes of these regulations, mean the Registrar-General.
(5) In Annex I or in Annex II, any reference to "nominated
surveyor", "persons or organisations duly authorized by the
administration" or "recognized organization" shall, for the purposes
2 [ S.L.234.32 PREVENTION OF POLLUTION FROM SHIPS
of these regulations, with reference to Malta and where the context
so requires, be construed as reference to a surveyor of ships or an
organisation or body of surveyors appointed in terms of article 367
of the Act, and duly authorized by the Registrar-General.
Application. 3. These regulations shall apply to all Maltese ships and,
notwithstanding the provisions of Article 3(1) of the MARPOL
Convention but subject to the provisions of Article 3(3) of the said
convention, to all other ships while they are in Maltese waters as
determined by Annex I and Annex II.
Protocol I, Annex I 
and Annex II given 
force of law in 
Malta.
4. (1) Protocol I and Annex I, except for regulations 10(7)
and 12, and Annex II, except for regulation 7, as may from time to
time be in force, shall, unless otherwise provided in or in terms of
these regulations and notwithstanding the provision of any other
law, form part of and be enforceable as part of the Law of Malta
and shall apply to all Maltese ships and, notwithstanding the
provisions of Article 3(1) of the MARPOL Convention but subject
to the provisions of Article 3(3) of the said convention, to all other
ships while they are in Maltese waters as determined by the said
Annexes, and the reference to "all ships" in regulation 2(1) of
Annex I and "all ships carrying noxious liquid substances in bulk"
in regulation 2(1) of Annex II shall be construed accordingly.
(2) The Registrar-General may either on a case by case basis
or through the issue of  Merchant Shipping Notices  -
( a ) determine, lay down, prescribe, set or specify what
may be required to be determined, laid down,
prescribed, set or specified by these regulations, by the
MARPOL Convention, by Protocol I, by Annex I or by
Annex II, or expound on the requirements of these
regulations or of such Convention, Protocol, or
Annexes or clarify their applicability or interpretation;
and
( b ) extend any of the provisions of the MARPOL
Convention, Protocol I, Annex I and Annex II to other
classes of Maltese ships or, to other classes of ships
while they are in Maltese waters,
and in so doing, and without prejudice to the generality of the
foregoing, the Registrar-General shall be guided by the circulars,
clarifications, codes, decisions, directives, guidelines, instruments,
interpretations, manuals, notices, publications, recommendations,
regulations, resolutions, rules or any other similar medium of the
International Maritime Organisation or any other body or
organisation with an appropriate knowledge or competence on the
subject matter.
Provisions of rules 
and regulations 
inconsistent with 
MARPOL 
Convention or 
Protocol I or 
Annex I or Annex 
II.
5. Save as provided for in these regulations, where any
provisions of any rules and regulations made under the Act are
inconsistent with the provisions of the MARPOL Convention or
Protocol I or Annex I or Annex II, the provisions of that
Convention, Protocol and Annexes shall, unless specifically
provided for in such rules or regulations, apply.
Duty to ensure 
compliance.
6. (1) It shall be the duty of the owner, of the company which
has assumed the operation of the ship and of the master to ensure
PREVENTION OF POLLUTION FROM SHIPS [ S.L.234.32 3
that the ship is in compliance with the provisions of these
regulations and the applicable requirements of the MARPOL
Convention, Protocol I, Annex I and Annex II and such person
shall, on conviction, be liable to a fine ( multa ) as provided for in
regulation 12 for each offence.
(2) It shall be the duty of any person -
( a ) to whom a direction is given in pursuance of these
regulations, the MARPOL Convention, Protocol I,
Annex I or Annex II, or
( b ) upon whom an obligation is imposed by these
regulations, by the MARPOL Convention, Protocol I,
Annex I or Annex II,
to comply or ensure compliance with the provisions of these
regulations and the applicable requirements of the MARPOL
Convention, Protocol I, Annex I and Annex II and such person
shall, on conviction, be liable to a fine ( multa ) as provided for in
regulation 12 for each offence.
Inspection, 
detention and other 
measures in respect 
of ships.
7. (1) The Registrar-General, or an appropriate inspector,
may inspect any ship to which these regulations apply and if
satisfied that the ship is not in compliance with the provisions of
these regulations and the applicable requirements of the MARPOL
Convention or Protocol I or Annex I or Annex II, the Registrar-
General shall take such steps as are considered necessary to ensure
that the ship shall not sail until it can proceed to sea without
presenting an unreasonable threat of harm to the marine
environment and any expenses incurred therefore shall be a charge
on the ship, so however that the ship shall not be unduly detained or
delayed:
Provided that the Registrar-General may permit the ship to
proceed to sea for the purpose of proceeding to the nearest
appropriate repair yard available:
Provided further that, in the case of a non-Maltese ship,
such inspection shall be limited to verifying that there is on board
in relation to such ship a valid International Oil Pollution
Prevention Certificate in the form prescribed by Annex I and an
International Pollution Prevention Certificate for the Carriage of
Noxious Liquid Substances in Bulk in the form prescribed by
Annex II, as the case may be, unless there are clear grounds for
believing that the condition of the ship or its equipment does not
correspond substantially with the particulars of that certificate.
(2) In the case of a non-Maltese ship, if the Registrar-General
takes such steps as specified in subregulation (1), the Registrar-
General shall forthwith notify the maritime administration and the
nearest maritime, consular or diplomatic representative of the flag
State of the ship.
(3) Upon receiving evidence that a ship to which these
regulations apply has discharged oil or an oily mixture or noxious
liquid substances or unassessed liquid substances carried in bulk or
a mixture containing such substances in violation of the provisions
of these regulations and of the MARPOL Convention or Annex I or
4 [ S.L.234.32 PREVENTION OF POLLUTION FROM SHIPS
Annex II, the Registrar-General shall investigate the matter and
may inspect the ship or cause the ship to be inspected by an
appropriate inspector or by any other person duly authorised by the
Registrar-General, and shall inform the State which has reported
the alleged violation as well as the International Maritime
Organization of the action taken:
Provided that, if the investigation establishes a violation of
these regulations or of the MARPOL Convention or Annex I or
Annex II, the owner or the company which has assumed the
operation of the ship and the master or any other officer or member
of the crew of the ship shall, on conviction, be liable to a fine
( multa ) as provided for in regulation 12:
Provided further that, in the case of a non-Maltese ship, if
the investigation indicates a violation of these regulations or of the
MARPOL Convention or Annex I or Annex II, the Registrar-
General shall provide the flag State of the ship with the report of
such investigation and with evidence, if any, of such violation.
(4) For the purposes of this regulation, the provisions of article
154(2) and (3) of the Act shall apply  mutatis mutandis  to the
Registrar-General and to appropriate inspectors.
Fraud, misuse of 
certificates, etc.
8. If any person -
( a ) intentionally alters a certificate issued for the purposes
of the MARPOL Convention or Annex I or Annex II;
( b ) falsely makes a certificate referred to in the MARPOL
Convention or Annex I or Annex II;
( c ) in connection with any survey required by the
MARPOL Convention or Annex I or Annex II
knowingly or recklessly furnishes false information;
( d ) with intent to deceive, use, lend, or allow to be used by
another, a certificate referred to in the MARPOL
Convention or Annex I or Annex II;
( e ) fails to surrender a certificate to be surrendered for the
purposes of the MARPOL Convention or Annex I or
Annex II,
such person shall, on conviction, be liable to a fine ( multa ) as
provided for in regulation 12 for each offence.
Prohibition of 
proceeding to sea 
without 
appropriate 
certificate.
9. (1) No Maltese oil tanker of 150 gross tonnage and above
and any other ship of 400 gross tonnage and above shall proceed or
attempt to proceed to sea on an international voyage unless there is
in force in respect of the ship an International Oil Pollution
Prevention Certificate.
(2) No Maltese ship carrying in bulk noxious liquid substances
or unassessed liquid substances shall proceed to sea or attempt to
proceed to sea on an international voyage unless there is in force in
respect of the ship the relevant certificate referred to in regulations
11 and 12A of Annex II as appropriate.
(3) No oil tanker of 150 gross tonnage and above and any other
ship of 400 gross tonnage and above shall proceed to sea or attempt
PREVENTION OF POLLUTION FROM SHIPS [ S.L.234.32 5
to proceed to sea on an international voyage from Maltese waters
unless there is in force in respect of the ship an International Oil
Pollution Prevention Certificate.
(4) No ship carrying in bulk noxious liquid substances or
unassessed liquid substances shall proceed to sea or attempt to
proceed to sea on an international voyage from Maltese waters
unless there is in force in respect of the ship the relevant certificate
referred to in regulations 11 and 12A of Annex II as appropriate.
(5) If a ship proceeds to sea or attempts to proceed to sea on an
international voyage, in contravention of subregulations (1), (2),
(3) and (4), the master of the ship shall be liable to a fine ( multa ) as
provided for in regulation 12.
(6) The master of every ship to which the provisions of
subregulations (3) and (4) apply, shall produce to the officer from
whom a clearance for the ship is demanded, at the time a clearance
for the ship is demanded for a voyage from Malta to a port or place
outside Maltese waters, the certificates referred to in the said
subregulations to be in force when the ship proceeds to sea on an
international voyage, and a clearance shall not be granted, and the
ship may be detained, until the said certificate or certificates are so
produced.
(7) Where an exemption certificate issued for the purposes of
the MARPOL Convention or Annex I or Annex II in respect of a
ship specifies any conditions on which the certificate is issued and
any of those conditions is not complied with, such person shall, on
conviction, be liable to a fine ( multa ) as provided for in regulation
12.
Duty to report 
pollution and other 
incidents.
10. In the event of an incident referred to in Protocol I, in the
case of a Maltese ship, the same report required by that Protocol to
be made to the coastal State shall also be made to the Registrar-
General.
Casualties to ships.
( a ) a Maltese ship wherever it may be; or
( b ) any ship and such casualty has occurred on the coasts
of Malta, including any port installation or ship repair
facility, or at sea within Maltese waters,
and such casualty produces a major deleterious effect upon the
marine environment, a shipping casualty shall be deemed to have
occurred for the purposes of article 312 of the Act, and the
provisions of articles 313 to 317 (both inclusive) of the Act shall
apply  mutatis mutandis.
Penalties.
operation of the ship, the master of the ship or any other person
contravenes the provisions of these regulations, such person shall,
on conviction, be liable to a fine ( multa ) as specified hereunder -
( a ) where there is a contravention of regulation 6(1), a
fine ( multa ) not exceeding five hundred units;
( b ) where there is a contravention of regulation 6(2), a
fine ( multa ) not exceeding five hundred units;
6 [ S.L.234.32 PREVENTION OF POLLUTION FROM SHIPS
( c ) where there is a contravention of regulation 7(3), a
fine ( multa ) not exceeding ten thousand units;
( d ) where there is a contravention of regulation 8, a fine
( multa ) not exceeding five hundred units;
( e ) where there is a contravention of regulation 9(5), a
fine ( multa ) not exceeding five hundred units;
( f ) where there is a contravention of regulation 9(7), a
fine ( multa ) not exceeding five hundred units;
( g ) where there is a contravention of regulation 10, a fine
( multa ) not exceeding five hundred units.
