S.L. 499.35 Art. 20Information required of ships intending to entera port facility.

(1) A master of a ship intending to enter a port facility in Malta shall, prior to entry into that port facility, be required to provide the following information to the designated authority to ensure compliance with these regulations:

(a) evidence that the ship possesses a Certificate;

(b) evidence of the security level at which the ship is currently operating;

(c) evidence of the security level at which the ship operated in any previous port where is conducted a ship-port interface during the period of its last ten calls at port;

(d) evidence of any special or additional security measures that were taken by the ship in any previous port where it conducted a ship-port interface during the period of its last ten calls at port;

(e) evidence that the appropriate ship security procedures were maintained during any ship-to-ship activity during the period of its last ten calls at port; and

(f) any other practical security-related information, excluding details of the ship security plan, taking into account the guidance given in the Code.

(2) The master of a ship must keep a record of the information specified in subregulation (1) for the last ten calls at port facilities.

(3) The information referred to in subregulation (1) shall be provided to the designated authority on the form provided in the Fifth Schedule and within the following time frames:

(a) at least twenty-four hours in advance; or

(b) at the latest, at the time the ship leaves the previous port, if the voyage time is less than twenty-four hours; or

(c) if the port of call is not known or if it is changed during the voyage, as soon as the port of call becomes known; Provided that the designated authority may exempt scheduled services performed between port facilities located on their territory or performed with other Member States, if -

(a) the company operating the scheduled services referred to above keeps and updates a list of the ships concerned and sends it to the designated authority; and

(b) for each voyage performed, the information referred to in subregulation (1) is kept available for the designated authority upon request. The company must establish an internal system to ensure that, upon request, twenty-four hours a day and without delay, the said information can be sent to the designated authority:

Provided further that the form found in the Fifth Schedule shall be used until the 1st of June, 2015 and subject to the provisions of the Vessel Traffic Monitoring and Reporting Requirements

Regulations.

(4) If a master or company declines to provide the information or confirmation specified in subregulation (1) or subregulation (3), the designated authority may -

(a) attempt to establish communication with the master and the ship’s administration to rectify the non-compliance; and

(b) if the communication does not result in rectification, take one or more of the following steps:

(i) require rectification of the non-compliance;

(ii) require the ship to proceed to a specified location within Maltese territorial waters or port;

(iii) request an appropriate inspector to inspect the ship for the purpose of ascertaining compliance with the certification requirements of these regulations, if the ship is within the territorial waters or port of Malta;

(iv) deny the ship entry, if -

(A) the designated authority has reasonable grounds to believe that the ship poses an immediate threat to the security or safety of persons, ships, or other property; or

(B) there are no other appropriate means for removing that threat.

(5) Before taking a step specified in subregulation (4)(b), the designated authority must inform the master of the ship of the Authority’s intention to take the step by giving notice to the master of the ship as the designated authority considers necessary by the means of communications, whether or not of a permanent nature, as the Authority considers appropriate in the circumstances.

(6) A step that is taken under subregulation (4)(b) -

(a) must be proportionate, taking into account the guidance given in part B of the Code; and

(b) may additionally or alternatively include other lesser administrative or corrective measure.

(7) A ship may be denied entry under subregulation (4)(b)(iv) despite the provisions of any other enactment.

(8) If a ship is denied entry under subregulation (4)(b)(iv) -

(a) all possible efforts must be made to avoid a ship being unduly detained or delayed; and

(b) a person may be allowed to leave the ship, or access to the ship must be allowed, for -

(i) humanitarian reasons; or

(ii) emergency reasons; or

(iii) security purposes.

(9) On receiving the information under subregulation (4), the master of the ship may withdraw the intention to enter the port.

(10) If a ship is denied entry to the port under subregulation (4)(b)(iv), a port facility operator or port service provider must cease providing services to that ship if the designated authority so directs.

(11) A step taken under subregulation (4) may be imposed until the non-compliance that gave rise to the step is corrected to the satisfaction of the designated authority, taking into account any actions proposed by the ship or the designated authority.