S.L. 499.12 ст. 3Definitions.

In these regulations, unless the context otherwise requires:

"address" means the name and the communication links whereby 2004; contact may, where necessary, be made with the owner, agent, port

2010; authority, competent authority or any other authorised person or body in possession of detailed information regarding the ship’s 2023. cargo;

"agent" means any person mandated or authorised to supply information on behalf of the owner of the ship; "alternative fuel" shall have the same meaning as assigned to it in the Alternative Fuels Order;

"Authority" means the Authority for Transport in Malta established under the Authority for Transport in Malta Act;

"bunker barge" means any sea-craft licensed or authorised by the Authority to engage in the commercial supply of bunkers to other ships within the ports, internal and territorial waters of Malta; "bunkers" means any alternative fuel and non-volatile marine grade fuel oil used to fuel a ship or its machinery, and includes lubricating oil; "bunkering operations" means the actual operation of loading, discharging or transferring bunkers between a bunker barge or road tanker or marine terminal or marine facility and a receiving ship;

"bunker operator" means a person, or body corporate incorporated under the Laws of Malta, duly licensed by the Authority under these regulations, for the distribution, sale, exportation or disposal in any other manner of bunkers, or for any other related activity, whether such person or body corporate is the party physically transporting or conveying such bunkers to ships or not; "cargo handling operations" means the actual operation of loading, discharging or transferring dangerous cargoes, slops, residues or dangerous packaged cargoes, between a ship’s tanks, compartments or containers and/or a quay, marine terminal, marine facility, vehicles, freight container or other means of transport, or between ships. It includes transfer to, from or within a warehouse marine terminal/facilities area, including intermediate keeping, i.e. the temporary storage of dangerous cargoes in the port area during their transport from the point of origin to their destination for the purpose of changing the modes and means of transport;

"cargo interests" means a shipper, carrier, forwarder, consolidator, packing centre or any other person, company or institution engaged in any of the following activities: identification, containment, packaging, packing, securing, marking, labelling, placarding or documentation.of dangerous cargoes or dangerous packaged cargoes for receipt by a port and transport by sea and having control over the cargo at any time; "cargo measurement" means any act of ullaging, sounding, gauging, sampling, or any similar act, whether or not carried out in connection with cargo handling operations;

"cargo transport unit" means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway wagon, or portable tank; "certified gas free" means a certificate issued by a competent person using all Relevant Instrument requirements and guidelines, certifying that the atmospheres in, or connected to, or immediately adjacent to any tank, compartment, container or non-sealed pipelines/pumping systems, etc. have had sufficient fresh air introduced into them to lower the level of any flammable, toxic or inert gas to that required for a specific purpose, e.g. hot work, cold work, electrical work, entry etc.; "certified inert" means a certificate issued by a competent person using all Relevant Instrument requirements and guidelines, certifying that a ship's tank or tanks are in an inert condition, subject to specified conditions and for a specific period of time;

"chemicals" means substances covered by the IMO "International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk", and Annex II of MARPOL 73/78 and having significant fire or explosive hazards equal or in excess of those of volatile petroleum or similar flammable products, or significant health, safety or environmental hazards in addition to, or other than flammability; "chemical tanker" means a ship constructed or adapted primarily to carry liquid bulk cargoes of chemical substances as detailed in the IMO "International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk"; "cold work" means any work which cannot create a source of ignition in or adjacent to the area involved; "cold work permit" means a certificate permitting specified cold work during a specific time interval, conjoined with all required safety resources and procedures being in place throughout the whole of the permitted period. It must be in a form approved by the Authority (as provided in Schedule C) and issued by a competent person using all Relevant Instrument requirements and guidelines; "combination carrier" means a ship constructed or adapted to carry either liquid petroleum or dry cargoes in bulk; "company" means a company within the meaning of Regulation 1(2) of Chapter IX of the SOLAS Convention; "competent authority'' means any authority designated as such by a Community Member State to receive and pass on information in conformity with Council Directive 2002/59/EC; provided that for Malta the designated competent authority shall be the Authority for Transport in Malta; "competent person" means a duly qualified and experienced analyst recognised by the Authority for the purpose of issuing "gas free" and "inert" certificates and "work" or "compartment entry" permits for ships; "container" includes any freight container, tin, cask, barrel, drum, package or other article used to contain any dangerous packaged substances; "dangerous area" means any area on a ship which for the purpose of the installation and/or use of electrical equipment is regarded as dangerous or where toxins dangerous to human life or health may potentially be present; "dangerous goods" rneans:

(i) goods classified in the IMDG Code,

(ii) dangerous liquid substances listed in Chapter 17 of the IBC Code,

(iii) liquefied gases listed in Chapter 19 of the IGC Code,

(iv) solids referred to in Appendix B of the BC Code;

also included are goods for the carriage of which appropriate preconditions have been laid down in accordance with paragraph 1.1.3 of the IBC Code or paragraph 1.1.6 of the IGC Code; any reference to "dangerous cargoes" shall be construed together with the definition of dangerous goods; "dangerous packaged cargoes" means any dangerous cargoes or cargoes covered by the IMDG Code, carried in containers on ships other than tankers. It includes any empty uncleaned packagings (such as tank-containers, intermediate bulk containers, bulk packaging, portable tanks or tank vehicles) which previously contained dangerous cargoes, unless the packagings have been sufficiently cleaned of all residues of the dangerous cargoes and purged of vapours so as to nullify any hazard, or has been filled with a non-dangerous substance; "designated safe area" means any area on a ship or on shore which has been mutually agreed by the ship’s Master and the marine terminal/facility operator as being safe under prescribed conditions and during specified times, for particular activities such as smoking;

"electrical isolation certificate" means a certificate issued when work is to be carried out on electrical equipment or on equipment powered by electricity, indicating that the electrical supply of such equipment has been isolated; it must be in a form approved by the Authority (as provided in Schedule C) and issued by a competent person using all Relevant Instrument requirements and guidelines; "entry permit" means a certificate issued by a competent person, using all Relevant Instrument requirements and guidelines, permitting entry into a space or compartment during a specified time interval, conjoined with all required safety resources and procedures required by the Relevant Instruments being properly in place throughout the whole of the permitted period; "fishing vessel" means any vessel equipped for the commercial exploitation of living aquatic resources; "gas free certificate" means a certificate issued by a competent person using all Relevant Instrument requirements and guidelines, confirming that at the time of testing a compartment, tank or container, it was gas free for the specific purpose stated on the certificate. Such a certificate shall be issued subject to the conditions prevailing at the time of testing and for a specified validity period; "gas tanker" means a ship constructed or adapted to carry liquefied gases in bulk as detailed in the IMO "International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk";

"hazardous zone" means any area on shore which for the purpose of the installation and/or use of electrical equipment is regarded as dangerous or where toxins dangerous to human life or health may potentially be present; "hot work" means work involving sources of ignition or temperature sufficiently high to potentially cause ignition of a flammable gas mixture, including all "naked lights";

"hot work permit" means a certificate permitting specified hot work to be done during a specific time interval in a defined area, conjoined with all required safety resources and procedures being in place throughout the whole of the permitted period. It must be in a form approved by the Authority (as provided in Schedule C) and issued by a competent person using all Relevant Instrument requirements and guidelines; "inert condition" means a condition, as certified by a competent person, in which the oxygen content throughout the atmosphere of a tank or other enclosed space has been reduced to 8% or less by volume, by the addition of inert gas and the tank pressure is maintained above a minimum of 100 mm on the water gauge; "inert gas" means a gas or mixture of gases such as flue gas, nitrogen, carbon dioxide or other inert gas containing insufficient oxygen to support combustion; "internal waters" shall have the same meaning as is attributed thereto in article 2 of the Authority for Transport in Malta Act; "intrinsically safe" means any equipment or system which is certified by a recognised authority, under prescribed conditions, as being incapable under normal or accidental usage, of producing a spark or thermal effect which could ignite a prescribed gas mixture and when such equipment has been strictly maintained in the same condition as when so certified; "jetty pipeline" means any rigid or flexible pipe used by a marine terminal/facility, physically located such that if damage occurred to such a pipeline at any time, substances could egress into any port or territorial waters; "lower flammable limit" (LFL) means the concentration of flammable gas or vapour in air below which there is insufficient amount of substance to support and propagate combustion; "liquefied gas" means gases having a vapour pressure exceeding 2.8 bar Absolute, at a temperature of 37.8°C, as detailed in the IMO "International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk" and other products as shown in Chapter 19 of that Code, when carried in bulk; "liquefied natural gas" (LNG) means the product of liquefaction of a natural mixture of hydrocarbons; "liquefied petroleum gas" (LPG) means propane, butane and propane/butane mixtures in the liquid state; "marine terminal" means a place where ships are moored or berthed for the purpose of loading, discharging, handling or transferring dangerous cargoes, bunkers or substances and/or such operationally integrated storage or handling areas on land as are located at or near ports and territorial waters and/or connected directly to such ships, moorings or berths by pipelines used for the direct transfer of such dangerous cargoes to those areas; "marine facility" means an area on land other than a marine terminal, where ships are moored, berthed or docked to obtain services such as tank-cleaning, slops/residues removal, repairs, bunkers, ship construction and any other services related to ships and maritime activities; "Master" means the Master or person other than a pilot or watchman, having command, charge or management of a ship for the time being; "naked lights" means any potential unconfined source of ignition and includes:

(i) all exposed incandescent material such as fire, naked light, welding and burning torches, lit cigarettes, cigars, pipes, cigarette lighters or similar smoking materials;

(ii) any potential source of spark formation;

(iii) any surface with a temperature that is equal to or higher than the minimum ignition temperature of the substances likely to be present in the area of any operation;

(iv) any and all tools, equipment, electric lighting systems (including portable radios, torches, calculators, etc.) not certified as being intrinsically safe by a recognised authority;

(v) internal combustion engines not being so approved intrinsically safe, or contained within an approved explosion proof housing; "non-volatile petroleum" means a petroleum liquid having a Flashpoint of 60° Celsius or above as determined by the closed cup method of testing such as ASTM D93 or equivalent; "oil" means petroleum in any liquid form and includes crude oil and any liquid hydrocarbon products derived from it, covered by Annex 1 of MARPOL 73/78;

"oil-spill" means any incident resulting in an immediate slick of "Category B" or above, as specified in IMO Resolution A. 542(13), paragraph 1.2.6; "oil tanker" means a ship constructed or adapted to carry liquid petroleum cargo in bulk, including a combination carrier when being used for this purpose; "operator" means the managing operator having local operational control of a marine terminal or facility; "owner" means owner, disponent owner, charterer to whom a ship is demised, managing operator or Master of a ship or owner of its cargo and any agent acting on behalf of such entities;

"person" includes a person or body of persons, whether a body corporate or not;

"petroleum" shall have the same meaning as is attributed thereto in article 2 of the Regulator for Energy and Water Services Act;

"polluting goods" means:

(i) oil as defined in Annex I to the MARPOL Convention;

(ii) noxious liquid substances as defined in to the Annex II MARPOL Convention;

(iii) harmful substances as defined in Annex III to the MARPOL Convention; and shall be read and construed together with the definition of dangerous goods; "port" shall have the same meaning assigned to it in article 2 of the Ports and Shipping Act; "recognised authority" means any authority, organisation, Classification Society, technical or academic body, or physical testing facilities, recognised by the Authority and/or IMO from time to time, for specified functions;

"Relevant Instruments" means:

(a) these regulations;

(b) all the relevant IMO Conventions to which Malta has acceded, or may accede to from time to time;

(c) the relevant IMO Codes of Practices;

(d) the relevant current EMSA, ISGOTT, OCIMF, ICS, SGMF, SIGTTO, INTERTANKO, IACS, IMO, ISO and IAPH Guides, and any subsequent amendments, emanating from these Conventions and Codes;

(e) the current rules of ship Classification Societies; and

(f) any other code, policy, guidelines or notice which the Authority may adopt from time to time in relation to any matter regulated by these regulations;

"residues" means residual 'unpumpable' quantities of cargo remaining on board a tanker after completion of the discharge or transfer of any of the cargoes as described in the definition of dangerous cargoes; "scheduled service" means a series of ship crossings operated so as to serve traffic between the same two or more ports, either according to a published timetable or with crossings so regular or frequent that they constitute a recognisable systematic series; "ship" means every description of craft used in navigation, whether self-propelled or not, other than a bunker barge licensed or authorised for the supply of bunkers, handling or having loaded or intending to load a cargo, the whole or any part of which consists of dangerous cargoes or substances as described in the definitions of dangerous cargoes, dangerous packaged cargoes, and substances, in bulk or containers, or having discharged any of those products, if the cargo spaces are not certified gas free; "shipper" means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier; "slops" means any quantities remaining on board a tanker after tank-cleaning, consisting of a mixture of tank-cleaning fluids and any of the substances as described in the definitions of petroleum, non-volatile petroleum, volatile petroleum, oil, liquefied gas, LNG.LPG chemicals, solid bulk dangerous cargoes, dangerous cargoes and residues;

"solid bulk dangerous cargoes" means solid bulk substances possessing chemical hazards and solid bulk substances hazardous only in bulk, including wastes, covered by Appendix B of the Code of Safe Practice for Solid Bulk Cargoes; "substances", in the absence of a specific description, means any and all, or any combinations of substances as defined in the definitions of dangerous cargoes, solid bulk dangerous cargoes, dangerous packaged cargoes, residues, slops and bunkers, whether carried as cargo or not, and whether carried in bulk or not; "tanker" means any ship as described in the definitions of oil tanker, combination carrier, gas tanker and chemical tanker, whether self-propelled or not and includes barges or lighters being wholly used to carry liquid dangerous cargoes in bulk; "territorial waters" shall have the same meaning assigned to it in article 2 of the Ports and Shipping Act; "threshold limit value" (TLV) means the average concentration of a substance representing conditions under which it is believed that nearly all workers may be repeatedly exposed day after day, without adverse health effects;

"ullage" means the depth of the space above the liquid in a tank; "vapour" means a gas below its critical temperature and not in liquid form; "vessel" shall have the same meaning as that ascribed to "ship" in article 2 of the Ports and Shipping Act;

"volatile petroleum" means a petroleum liquid having a Flashpoint of below 60° Celsius as determined by the closed cup method of testing such as ASTM D93 or equivalent, or a 'non-volatile' petroleum liquid being handled at a temperature above its Flashpoint, minus 10° Celsius;

"waters of Malta" means the internal and territorial waters of Malta; and

"BC Code" means the Code of Safe Practice for Solid Bulk Cargoes; "BCH Code" means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk 1985/ 1989 and any subsequent amendments;

"COLREGS" means the IMO International Convention for Preventing Collisions at Sea 1972/1989 and any subsequent amendments; "COW" means crude oil washing;

"EMSA" means the European Maritime Safety Agency; "IACS" means the International Association of Classification Societies; "IAPH" means the International Association of Ports and Harbours; "IBC Code" means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk 1982/1989 and any subsequent amendments; "ICF" means an International Certificate of Fitness issued by or on behalf of an Administration in accordance with the relevant Codes for the construction and equipment of a type of ship, certifying that the construction and equipment of the ship are such that certain specified dangerous cargoes may be carried in that ship; "ICS" means the International Chamber of Shipping; "IGC Code" means the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk 1976/1993 and any subsequent amendments;

"IMDG" means the IMO International Maritime Dangerous Goods Code 1977/1992 and IMDG Code Supplement (including EmS, MFAG, BC Code, IMO/ILO Guidelines for Packing Cargo in Freight Containers or Vehicles) and any subsequent amendments; "IMO" means the International Maritime Organisation; "IMO Code for Existing Ships Carrying Liquefied Gases" means the Code for Existing Ships Carrying Liquefied Gases in Bulk 1976/80 and any subsequent amendments; "IMO Resolution MSC.286(86)" means the International Maritime Organisation Resolution 286(86) entitled "Recommendations for Material Safety Data Sheets (MSDS) for MARPOL Annex 1 Cargo and Oil Fuel", in its updated version; "INF Code" means the IMO Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in Flasks on Board Ships (INF Code); "INTERTANKO" means the International Association of Independent Tanker Owners; "ISGOTT" means the International Safety Guide for Oil Tankers and Terminals, third edition 1991 and any subsequent amendments; "ISO" means the International Organisation for Standardisation; "MARPOL" means the IMO International Convention for the Prevention of Pollution from Ships 1973/1978 (including Annexes 1 and 2) and any subsequent amendments; "NLS Certificate" means the International Certificate for Prevention of Pollution by Noxious Liquid Substances in Bulk; "OCIMF" means the Oil Companies International Marine Forum; "SGMF" means the Society for Gas as a Marine Fuel;

"SIGTTO" means the Society of International Gas Tankers and Terminal Operators;

"SOLAS" means the IMO International Convention for the Safety of Life at Sea 1974/1978 and any subsequent amendments;

"STCW" means the IMO International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978/ 199l and any subsequent amendments.