S.L. 545.18 ст. 9Maximum sulphur content of marine fuels used in territorial seas, internal waters, any exclusive economic zones and any pollution control zones, including SO x Emission Control Areas and by passenger ships operating on regular services to or from European Union ports.

(1) The use of marine fuels is prohibited:

(a) in the areas of the territorial sea, internal waters, any exclusive economic zone and any pollution control zones falling within SOx Emission Control Areas if the sulphur content of those fuels by mass exceeds:

(i) 1,00% until 31 December 2014;

(ii) 0,10% as from 1 January 2015:

Provided that this shall apply to all vessels of all flags, including vessels whose journey began outside the

European Union;

(b) in the areas of the Maltese territorial sea, internal waters, any exclusive economic zone and any pollution control zones if the sulphur content of those fuels by mass exceeds:

(i) 3,50% as from 18 June 2014;

(ii) 0,50% as from 1 January 2020: Provided that this shall apply to all vessels of all flags, including vessels whose journey began outside of the European Union, and without prejudice to sub-regulation (1)(a) and sub-regulation (4) of this regulation and regulation 9A.

(2) The application date for subregulation (1) shall be twelve months following the designation by the IMO of SO Emission x Control Areas in accordance with regulation 14(3)(b) of MARPOL Annex VI.

(3) Sub-regulation (1)(a) shall be applicable to:

(a) vessels flying the Flag of Malta; and

(b) vessels of all flags whilst in Maltese ports, if such ports border SOx Emission Control Areas:

Provided that additional enforcement action may be taken by the competent authority in respect of other vessels in accordance with international maritime law.

(4) The use of marine fuels with a sulphur content exceeding 1,50% by mass is prohibited until the 1st January 2020 in the territorial seas, internal waters, any exclusive economic zones and any pollution control zones falling outside SOx Emission Control Areas by passenger ships operating on regular services to or from any European Union port. This shall apply to vessels flying the flag of Malta and to vessels of all flags while in Maltese ports.

(5) The Master shall correctly complete the ship’s logbook, including fuel changeover operations.

(6) The competent authority shall endeavour to ensure the availability of marine fuels which comply with these regulations.

(7) If a ship is found not to be in compliance with the standards for marine fuels which comply with these regulations, the competent authority or the Authority for Transport in Malta as appropriate may require the ship to:

(a) present a record of the actions taken to attempt to achieve compliance; and

(b) provide evidence that it attempted to purchase marine fuel which complies with these regulations in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such marine fuel and that, despite best efforts to obtain marine fuel which complies with these regulations, no such marine fuel was made available for purchase.

The ship shall not be required to deviate from its intended voyage or to delay unduly the voyage in order to achieve compliance. If a ship provides the information referred to in paragraphs (a) and (b), the competent authority or the Authority for Transport in Malta, as appropriate, shall take into account all relevant circumstances and the evidence presented to determine the appropriate action to take, including not taking control measures. A ship shall notify its flag State, and the competent authority of the relevant port of destination, when it cannot purchase marine fuel which complies with these regulations.

(8) The placing on the market in Malta of marine diesel oils with a sulphur content exceeding 1,50 % by mass is prohibited.