Cap. 412 Art. 4Certain provisions of the 1992 Liability Convention given force of law in Malta. Cap. 12.

(1) Subject to the provisions of sub-articles (2) to (5) of this article and notwithstanding the provisions of any other law, those provisions of the 1992 Liability Convention, contained in the

First Schedule to this Act, shall form part of and be enforceable as part of the Law of Malta.

(2) Where any action is being brought in Malta in terms of the provisions of the 1992 Liability Convention any reference in that convention to "the Court", or to "the Court or other competent authority", shall in each case be read and construed as reference to the Civil Court, First Hall.

(3) Where pollution damage, resulting from an incident, has been sustained in Malta, including the territorial waters of Malta and any exclusive economic zone of Malta as may be established in accordance with international law or similar area determined by Malta in accordance with international law, including the waters enclosed in Malta’s contiguous zone claim and the waters superjacent to Malta’s continental shelf claim, or if measures have been taken to prevent or minimise such damage in that area, action for compensation under the provisions of the 1992 Liability Convention shall be brought in Malta before the Civil Court, First Hall, by presenting a claim before such Court. Such a claim shall be instituted in accordance with subtitle III of Title VIII of Part I of Book Second of the Code of Organization and Civil Procedure:

Provided that where any such exclusive economic zone or any such similar area has been established by Malta, the Minister shall by Order in the Gazette prescribe that the provisions of this Act shall also apply to such exclusive economic zone or such similar area as may be established in such Order.

(5) The appropriate authority for the purpose of issuing a certificate of insurance referred to in paragraph 2 of article VII of the 1992 Liability Convention, in respect of Maltese ships shall be the Registrar-General who shall for the purpose of paragraph 6 of Article VII of that convention and subject to the provisions of the same convention and of any regulations made under the Act determine the conditions of issue and validity of such certificate and, in respect of ships flying the flag of a state not party to the 1992 Liability Convention shall be the said Registrar-General who shall have such powers as aforesaid or the appropriate authority of a state party to the convention in accordance with the provisions thereof.