S.L. 499.12 Art. 33Substance and ballast handling operations and checklists.

(1) No ship may discharge or transfer any substances which cannot be handled, stored or disposed of to the requirements of the Relevant Instruments, without the written permission of the

Authority and under such conditions and requirements as it shall deem appropriate.

(2) Without prejudice to any other provisions contained within these regulations, all preparations for, and actual cargo handling and/or ballasting operations, procedures and practices undertaken on dangerous cargoes within the waters of Malta, shall be continuously and consistently undertaken in strict compliance and in accordance with all the requirements of the Relevant Instruments, with special attention to those contained in the ISGOTT and relevant OCIMF guides.

(3) If at any time during the conduct of such operations, any of the requirements of subregulation (2) cannot be maintained, then cargo handling and ballasting operations shall immediately cease and both ship and shore cargo handling and ballast systems shall be secured and the Authority informed.

(4) No cargo handling and/or ballast operations shall recommence until such time as these prescribed conditions are properly and fully restored. At any time the Authority may order the tanker to leave the waters of Malta.

(5) Prior commencement of every cargo handling operation (and also prior to commencing the separate phases integrated within each operation) the relevant checklists and declarations, as specified in Schedule B, shall be completed as appropriate for the operation being undertaken.

(6) Neither the joint checklists or declarations shall be signed, nor operations commence, until mutual assurance is achieved on the relevant sections. Certain items on the checklists will require several checks or continuous supervision throughout cargo handling and ballast operations.

(7) In respect of agreed pre-planned procedures for cargo, bunker and ballast handling, if it is found that subsequent events may affect any such operation and will require changes to the agreed procedures, such changes shall be discussed between both parties and agreed upon prior to any changes being effected.

(8) If substantial changes occur, these shall, in sufficient time, be laid down in writing before any change in the procedures takes place and in any case within the working period of those supervisors aboard and ashore, in whose working period the agreement on changes was reached.

(9) When considering the possibility of handling a number of dangerous cargoes concurrently, the properties of the cargoes handled, the equipment of both ship and shore installations, the ability of the tanker’s crew and shore personnel to safely execute and sufficiently control the necessary operations, shall be taken into account.

(10) No tanker may undertake cargo handling operations on dangerous cargoes in the Grand Harbour or in Marsamxett Harbour, except on ballast water or slops for landing at a tank-cleaning berth, or crude oil washing carried out in accordance with the requirements specified in regulation 30.

(11) No tanker may undertake cargo handling operations on dangerous cargoes at any berth, jetty or mooring other than at such place as the Authority may instruct from time to time.

(12) No transfer of any substances is permitted into containers on board a tanker or on lighters in any port. The Authority may however authorise such operations in any port, other than Grand Harbour, under such conditions and requirements as it may deem appropriate.

(13) Between sunset and sunrise, a tanker may rig or disconnect cargo hoses and/or undertake cargo handling operations on dangerous cargoes:

Provided that adequate approved intrinsically safe fixed installation illumination, which complies with all the requirements of the Relevant Instruments, is provided on board the ship and similarly provided on shore to illuminate the ship and its access when alongside a berth.

(14) Whenever a tanker’s construction allows, "closed loading" procedures should be adopted.

(15) All cargo tank lids, sighting, sampling and ullaging ports shall be closed and secured prior to commencement of cargo handling on any volatile dangerous cargo, or a non-volatile dangerous cargo into non gas free tanks, or ballasting into tanks having contained a volatile dangerous cargo except in the case of gas freeing and/or purging.

(16) Before handling any volatile dangerous cargo, or loading a non-volatile dangerous cargo into non-gas-free tanks, or ballasting into tanks having contained a volatile dangerous cargo, or venting/ purging of tanks having contained such volatile dangerous cargoes, the tanker’s tank venting system shall be set for the operation concerned.

(17) When cargo handling or ballasting operations have commenced, such operations shall proceed with due diligence and if they are discontinued, the cargo system and tanks on the tanker shall be secured and closed.

(18) During the operations described in subregulation (16), ullage, sighting and sampling ports shall only be opened for the shortest possible time required to fulfil their functions and all such openings must be protected by gauze screens which are in a good and clean condition, or by other approved means.

(19) During loading or ballasting operations, the pressure/ vacuum relief valves must be either opened or by-passed and high velocity valves shall be set in the operational position.

(20) During any cargo handling operations, no repair work to the cargo handling system is permitted either aboard a tanker or on shore. If such repairs are necessary, all operations shall cease, the cargo system shall be secured, ship/shore hoses shall be disconnected and the appropriate permits shall be obtained from a competent person before such authorised repairs may commence.

(21) Any person who fails to comply with the provisions of subregulations (1) to (20) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding nine thousand and three hundred and seventeen euro and forty-nine cents (9,317.49) for each offence.