S.L. 499.12 Art. 64Prerequisites for owners of bunker supply barges.

(1) The Authority shall only consider licensing or the renewal of a licence for a bunker barge to operate within the waters of Malta, after the following requirements have been fully complied with:

(a) the owner of such barge shall inform the Authority in writing that insurance cover in respect of third party damage, marine environment pollution damage and clearance of pollution liabilities, for an amount acceptable by the Authority, has been obtained from an insurer recognised by the Authority;

(b) the owner shall provide the Authority with a copy of such insurance cover, including all the conditions, exceptions and exclusions imposed thereon;

(c) if such insurance cover is approved by the Authority, then throughout the duration of its service as a licensed or authorised bunker barge, such approved cover must remain whole;

(d) notwithstanding the provisions of paragraph (c), the Authority may at any time, require that changes or supplements be made to such cover and any such requirements shall be implemented by the owner without delay;

(e) notwithstanding the provisions of paragraph (c), in the event that any changes to such approved cover are subsequently proposed by either the insurer and/or the owner, these proposals shall be fully advised in writing to the Authority for its consideration and any such proposed changes shall not be effected unless so authorised in writing by the Authority;

(f) a barge of such dimensions or tonnages as are specified in the Relevant Instruments, or as may be determined by the Authority from time to time, shall be in class with a Classification Society recognised by the Authority, without any recommendations or exemptions to its Class. Such Class status must ever remain valid;

(g) a barge of such dimensions or tonnages as are specified in the Relevant Instruments, or as may be determined by the Authority from time to time, shall be in possession of an approved and valid IOPP certificate issued by a Classification Society recognised by the Authority. Such IOPP certificate status must ever remain valid;

(h) a barge shall comply with such requirements as are specified in the Relevant Instruments for its dimensions or tonnages, or as the Authority may determine from time to time;

(i) the barge owner shall enter into an undertaking with a specialised organisation, recognised by the Authority, to provide an effective 'on-call' service for the immediate control and removal from both sea and land of any potential consequences of the most environmentally hazardous operations that can be undertaken;

(j) the barge owner shall provide the Authority with full written details of such organisation, its estimated lead-time to put the necessary equipment and personnel on site at any potential pollution incident and full details of the extent of services, equipment and expert personnel immediately available to it, as secured by the owner from that organisation;

(k) if the Authority approves such an organisation, and extent of services secured, then these must ever remain valid;

(l) notwithstanding the provisions of paragraph (k), the Authority may at any time require that changes be made to either such secured services or organisation, and any such required changes shall be implemented without delay by the bunker barge owner;

(m) notwithstanding the provisions of paragraph (k), in the event that any changes to such secured service or organisation, are proposed by the owner to the Authority, such proposed changes shall not be effected unless so authorised by the Authority;

(n) the barge owner shall provide the Authority with copies of the designated Master and crew members Certificates of Competency, Dangerous Cargo Endorsements and Records of Sea Service;

(o) the Authority shall prescribe to the barge owner the minimum requirements for manning levels, professional Certificates, Dangerous Cargo Endorsements or relevant tanker experience, required by the Master and crew. Such requirements must ever remain valid;

(p) a bunker barge owner shall not substitute or replace any Master or crew member or reduce the manning complement, unless the documents required in paragraph (n) have been provided and approval in writing has been obtained from the Authority.

(2) Any person who fails to comply with the provisions of subregulation (1) 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.