S.L. 499.35 Art. 21Control of ships in ports.

(1) If a certificate is not produced to an appropriate inspector when required under regulation 20 without a lawful or justifiable excuse, or if the designated authority has clear grounds to believe that a ship is not in compliance with the requirements of these regulations, the designated authority must, for the purpose of ensuring compliance with these regulations, impose one or more of the following control measures:

(a) inspection of that ship for the purpose of ascertaining compliance with the certification requirements of these regulations and other legislation enforceable in Malta, including, but not limited to, requiring the master to -

(i) provide the information that the designated authority considers relevant to the inspection; and

(ii) demonstrate to the designated authority that the master or the relevant crew are familiar with essential ship board security procedures, and any shipboard security procedure is capable of being carried out in a competent manner;

(b) delay of that ship;

(c) detention of that ship;

(d) restriction of the operations of that ship, including movement within the port;

(e) expulsion of that ship from the port if -

(i) 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; and

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

(2) A ship may be expelled under subregulation (1)(e) despite the provisions of any other enactment.

(3) A control measure that is imposed under subregulation (1) -

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

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

(4) A control measure imposed under subregulation (1) may continue until the non-compliance that gave rise to the control measure is corrected to the satisfaction of the designated authority, taking into account actions proposed, if any, by the ship or the designated authority.

(5) If a ship is expelled from a port under subregulation (1)(e) -

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

(b) the port facility operator must cease providing services to that ship if the designated authority directs the port facility operator to cease providing services to that ship;

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

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

(i) emergency reasons; or

(ii) humanitarian reasons; or

(iii) security purposes.