S.L. 234.46 Art. 3Bunkers Convention given force of law in Malta. Cap. 12. S.L. 234.16

(1) Subject to the provisions of sub-regulations (2) to (6)

the Bunkers Convention as may from time to time be amended and as it is in force, shall, unless otherwise provided in these regulations and notwithstanding the provisions of any other law, form part of and be enforceable as part of the Law of Malta and shall apply to all Maltese ships, wherever they may be and to all other ships while they are in Maltese waters as determined by the said Convention.

(2) Reference in the Bunkers Convention and in these regulations to ''the Court'' shall 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 preventive measures have been taken to prevent or minimize such damage in that area, action for compensation under the provisions of the Bunkers 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 the 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 these regulations shall also apply to such exclusive economic zone or such similar area as may be established in such Order.

(4) No claim for compensation for damage under these regulations may be made against:

(a) the servants or agents of the owner or the members of the crew;

(b) the pilot or any other person who, without being a member of the crew, performs services to the ship;

(c) any person performing salvage operations with the consent or on the instructions of the shipowner or on the instructions of a competent person so authorized by the Minister;

(d) any person taking measures to prevent or minimize the effects of oil pollution;

(e) the servants or agents of persons mentioned in paragraphs (c) and (d): Provided that the damage did not result from their personal act or omission, committed with the intent to cause damage, or recklessly and with knowledge that such damage would probably result.

(5) The appropriate authority for the purposes of issuing the certificate attesting that insurance or other financial security is in force, as referred to in Article 7(2) of the Bunkers Convention, in respect of ships registered in Malta shall be the Registrar-General who shall for the purposes of Article 7(7) of that Convention and subject to the provisions of the same Convention and of these regulations determine the conditions of issue and validity of such certificate and, in respect of ships registered in a State not party to the Bunkers 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: Provided that a certificate referred to in sub-regulation (5) in respect of a ship registered under the Malta flag, issued before the entry into force of these regulations by another State Party to the Bunkers Convention shall remain valid until such date stated on the said certificate.

(6) The applicable limitation regime for the purposes of the Bunkers Convention shall be that provided for in the Merchant Shipping (Limitation of Liability for Maritime Claims) Regulations.