Cap. 171 Art. 8Functions of the Port WorkAppeals Board.

(1) The functions of the Appeals Board shall be the following:

(a) to hear appeals by employers of port workers or port workers for a review of any decision or directive taken by the Authority with regards to the tariffs for transshipment operations; and

(b) to decide upon any dispute as may be referred to it by the Minister regarding transshipment tariffs.

(2) Any decision or directive issued by the Authority relating to transshipment tariffs payable to port workers shall only come into effect fifteen days after being officially communicated to the port workers and the employers of port workers concerned in order to allow for possible appeals under subarticle (1): Provided that:

(b) if an appeal as aforesaid is filed the decision or directive of the Authority shall not come into force until the appeal is finally determined by the Appeals Board.

(3) A decision taken by the Appeals Board relative to an appeal made under subarticle (1) shall be final and binding.

(4) In arriving at a decision on an appeal under subarticle (1), the Appeals Board shall seek to balance the application of the following principles, namely that -

(a) tariffs charged are based on sound economic and commercial facts, including consideration of the interests of consumers and industry in general and other parties involved in port activity, including, where applicable, the rate of inflation since the charges were last revised, and any other relevant unexpected economic circumstances;

(b) tariffs shall be reasonably related to costs, including depreciation and a return on capital employed;

(c) port operators, or other persons involved in port activity, are to be encouraged to invest in port facilities to meet demand;

(d) tariffs should be comparable to those levied at other ports competing with Malta;

(e) the achievement of service standards especially those applicable internationally.