Merchant Shipping (Insurance for Maritime Claims) regulations 2011

Notice to Shipowners, Ship Operators and Managers, Masters, Owners’ representatives and recognised organisations

The Merchant Shipping Directorate would like to draw the attention of all concerned to the publication of the Merchant Shipping (Insurance for Maritime Claims) Regulations, 2011 published on the 16 December 2011, as Legal Notice 484 of 2011. The Regulations transpose Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009, on the insurance of shipowners for maritime claims and entered into force on 1 January 2012.

All shipowners are required to be properly insured against damage to third parties. The Regulations also stipulate the same level of cover as set in the International Convention on Limitation of Liability for Maritime Claims in its 1996 version (LLMC 1996). Malta is party to the LLMC 1996 and transposed the Convention through the Merchant Shipping (Limitation of Liability for Maritime Claims) Regulations, 2003. Furthermore, the Regulations provide that proof of insurance can be in the form of a commercial insurance certificate.

As from 1 January 2012, vessels that do not have in place an insurance cover as referred to above may be denied entry into European ports and may lead to detention of the vessel.

The electronic version of Legal Notice 484 of 2011 can be downloaded from:

http://www.doi.gov.mt/EN/legalnotices/2011/12/LN%20484.pdf

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MARCO POLO II

The Marco Polo II programme has just been launched and offers are invited from interested parties who may wish to source funds for their projects linked to maritime services. More information can be found on the following link:

http://ec.europa.eu/transport/marcopolo/getting-funds/application-packs/2011/index_en.htm

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Awarded EUR 25 million EC Support from Motorways of the Sea funds

The Baltic ports of Aarhus (Denmark), Gothenburg (Sweden) and Tallinn (Estonia) have been awarded EUR 25 million (USD 35 million) EC support from Motorways of the Sea funds for their project aiming at creating a so-called smart network to promote door-to-door growth in a huband-spoke model.

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Malta-Sicily link included in EU’s infrastructure priorities

The increase of maritime links between Malta and Sicily and better infrastructure connecting the ports of Valletta, Marsaxlokk and Palermo feature on the EU’s list of transport priorities, known as the TEN-T network, for the period until 2020.

Unveiling a €50 billion plan to consolidate Europe’s transport, energy and broadband networks, the EU Executive included a new Helsinki-Valletta corridor, aimed at developing a north-south vital European link.

The link will connect major sea and air ports through rail and road networks across the EU while facilitating better maritime links between Malta and the rest of the European continent through Sicily.

An EU official said that by putting Malta on the map, the island would be able to tap funds dedicated specifically to the development of this corridor, one of 10 to be created across the EU.

“Malta’s possible projects will be given priority if they fit the new cross-border links being planned by the EU to create a unified European network,” the official said.

However, funds will not be available automatically. Member states will have to present their specific plans according to the EU’s designated corridors, which will have to be approved by the European Commission. The first projects are expected to be approved by 2014.

The new blueprint, unveiled this week by Commission president José Manuel Barroso, also addresses a problem raised by the Sicilian authorities after the island had been completely bypassed in draft plans.

The corridor previously ended in Bari and then continued to Malta through a maritime route. However, following intense pressure by the Italian authorities, the Commission yesterday revised its plans, giving Sicily the opportunity to upgrade its Palermo-Messina link and the possible creation of new roads and rail links from the ports of Pozzallo and Augusta to Catania, indirectly also facilitating Malta’s commuting links to the rest of the European continent.

Malta was in favour of this change and supported the Italian pleas.

Apart from transport, which will be benefiting from the bulk of the €50 billion investment, €9 billion have been dedicated to upgrade the energy network, particularly through oil and gas pipelines and expanding the electricity grid. Another €9 billion are earmarked for filling the gaps in the broadband network.

The Commission is suggesting a new mechanism to finance these projects through the possible launching of European project bonds. The bonds would be issued by infrastructure project companies, not the Commission directly, but EU and European Investment Bank funds would be used to cover part of the project risk, making the bonds more attractive to investors such as insurance companies and pension funds.

The Commission proposed allocating €230 million for project bonds during a pilot phase in 2012 and 2013, rising to a “significant” but unspecified chunk of the €50 billion infrastructure plan from 2014..

Source: Times of Malta

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Accident and Incident Safety Investigations

Transport Malta has issued the following notice to Shipowners, Ship Operators and Managers, Masters, Owners’ representatives and recognised organisations

The Directorate would like to remind all concerned that, in addition to the reporting obligations in terms of Section 307 of the Merchant Shipping Act, any occurrence happening on board a Maltese ship anywhere in the world and any ship within Maltese waters shall be reported to the Marine Safety Investigation Unit within Transport Malta in terms of the Merchant Shipping (Accident and Incident Safety Investigation) Regulations, 2011, Legal Notice 275 of 2011 published on 12 July 2011.

The requirement to report occurrences applies to merchant and passenger ships, fishing vessels over 15 metres in length and pleasure vessels engaged in trade. The investigative procedures are prescribed in the said Regulations and the only purpose of such safety investigations is to identify causes and safety issues, and where possible or necessary, make recommendations with the only scope of improving safety and avoid marine pollution. Since the Marine Safety Investigation Unit is neither an enforcement nor a prosecuting body, it does not have the legal mandate to investigate for the purpose of taking administrative, regulatory or criminal actions.

It is the responsibility of Masters and ISM Managers of ships operating under the Malta flag to ensure timely reporting of any occurrence. The cooperation and assistance of all concerned is crucial in safety investigations with a view to ensure that the scope of the safety investigation is achieved and safety lessons are promulgated to the maritime industry.

Reporting Occurrences

Casualties as defined in the said Regulations shall be reported to the Marine Safety Investigation Unit at the earliest opportunity and by the quickest means possible. Reports should be sent to the following address:

Head of Marine Safety Investigation
Marine Safety Investigation Unit
Malta Transport Centre
Marsa MRS 1917
Malta

Tel: +356 2291 4217
AOH: +356 7943 4315
Fax: +356 2124 1460
Email: msiu.tm@transport.gov.mt

The MSIU Marine Accident and Incident Report – Forms A and B (click here) may also be used as a notification report of any occurrence.

Legal Notice 275 of 2011 can be downloaded from:

http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=22376&l=1

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Gozo Channel will not increase prices in the next six years – minister

Gozo Channel ticket prices are not expected to increase in the next six years, Finance Minister Tonio Fenech said this afternoon.

He was speaking during the signing of the public service obligation agreement with Gozo Channel, the only company to submit an offer.

The agreement, covering the next six years, will cost the government €1 million a year. This year, the government paid Gozo Channel €5.5 million under the previous agreement.

When asked if this meant that the company would be increasing its ticket prices to make up the difference, Mr Fenech, who was accompanied by Transport Minister Austin Gatt, said the company had undergone internal restructuring that enabled to become more competitive and efficient.

This meant that the company had prepared itself well for a competitive tender and it did not intend to increase ticket prices for the next six years.

The public service obligation is intended to subsidise the fees for Gozitan residents, irrespective of their nationality. It also covered free channel crossings for the elderly and subsidised the Sa Maison crossings.

Another agreement was signed for the management of the Cirkewwa/Mgarr port whereby Gozo Channel was given an exclusive operation on the Cirkewwa-Mgarr route.

This agreement did not, however, preclude any other operator from providing a service from or to other ports.

Source: Times of Malta

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180 million euros for TEN-T projects

News & Events

180 million euros for TEN-T projects
In the framework of the multi annual program TEN-T (Trans-European Transport Network), the European Commission proposed three open questions. The deadline was September 23, 2011.

With the available 180 million euros, the European Commission wants to fund TEN-T projects in the areas of European Rail Traffic Management System (ERTMS), Motorways of the Sea (MoS) and River Information Services (RIS). The intention is to make transport by rail and by water safer and more attractive compared to other modes.

This year as part of the multi annual TEN-T program the focus on three areas: interoperability on the European rail network (100 million), realizing a viable alternative to busy roads by freight via sea lanes (70 million) and new infrastructure to manage the traffic on the inland waterways (10 million).

For proposals in the context of “Motorways of the Sea”, theTask Force of the North Sea Motorways issued an “open call”. The call closed on 23 September 2011.

You can find more background information here.

On Wednesday 29 June 2011 the TEN-T Info Day 2011 took place in Brussels. Download here the presentations.

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Combined Maritime Services at Lloyds of London seminar

Combined Maritime Services, a Maltese maritime consultancy firm, has been invited, for the second consecutive year, by Lloyds Maritime Academy of London, to lead sessions in the annual seminar on ship registration in London.

Lloyds Maritime Academy invited Combined Maritime Services’ to share its findings of its comparative analysis of ship registration costs.

The study focuses on the 10 leading flags of registration, including Malta, and highlights the costs incurred to register a vessel under any one of these flags. This year, apart from this presentation, Combined Maritime Services was also invited to lead a workshop session and to sit on a panel discussion dealing with the theme of open registers against closed registers.

This year’s attendees included flag state administrations, classification societies, shipping companies, legal firms, ship owners, and accountancy firms.

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Privately Contracted Armed Security Personnel (PCASP) – Transport Malta

Regarding the representation for the placement of privately contracted armed security personnel (PCASP) on board Maltese ships, Transport Malta would like to advise that although firearms are prohibited on board Maltese ships; this administration is considering all the factors of the situation concerning the issue with due diligence even in the light of MSC.1/Circ 1405 and MSC.1/Circ 1406.

It would therefore be opportune that applications are made on a case by case basis with risk assessments for particular voyages considering the vulnerabilities of the ship, after the implementation of the BMP in it’s up to date version, for determining the engagement of PCASP.

The hereunder details are required by this administration to be able to consider an application.

1)    An undertaking that the ship owner, operator, and the master have considered and applied the provisions of MSC.1/Circ. 1405

2)       Voyage specific risk assessment of the vulnerability of the ship determining the requirement to engage PCASP,

3)    An undertaking that the provisions of the BMP in it’s up to date version will be implemented on board in it’s entirety,

4)    Details of the cargo on board,

5)    Company registration details of the Private Maritime Security Company providing the PCASP

6)    Details relating to the security personnel to be employed and related training (one person shall have recognised trauma medical qualification)

7)    Details of firearms and ammunition to be carried on board. The consent of this administration shall become null and void if the necessary import/export procedures and documentation of coastal and port states are not satisfied,

8)    The ship can take onboard additional persons in terms of life saving appliances and accommodation,

9)    The security personnel being employed, have successfully completed the four elements of basic training, namely:

• Personal survival techniques (STCW A-VI/1-1);

• Fire fighting and fire prevention (STCW A-VI/1-2);

• Elementary first aid (STCW A-VI/1-3); and

• Personal safety and social responsibility (STCW A-VI/1-   4).

10)Maritime knowledge and experience of team leader,

11)Confirmation that both the ship owner’s and PMSC insurance cover mitigate all issues referred in point 3.1  of the Annex of MSC.1/Circ.1405,

12)Details of the voyage plan requiring the employment of PCASP with their dis/embarkation plan detail,

13)Rules of engagement,

14)A clear statement that the master shall remain in command and have overriding authority at all times,

Applications will be considered on a case by case basis.

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EU Commission wants ships to run engines on cleaner fuel

Ships in the EU will have to use cleaner fuel to run their engines by 2015, according to proposals published in Brussels yesterday.

The rules, already adopted by the International Maritime Organisation, are expected to be endorsed by Malta, the second biggest shipping register in the EU.

They will force all shipping registers around the globe, not just European ones, to adapt to the new environment friendly measures. The proposals will amend the EU directive on the sulphur content of certain liquid fuels and incorporate new IMO standards into EU law.

Sulphur dioxide emissions cause acid rain and generate fine dust, dangerous for human health, causing respiratory and cardiovascular diseases and reducing life expectancy in the EU by up to two years.

The maximum permissible sulphur content of maritime fuels used in sensitive areas such as the Baltic Sea, the North Sea and the English Channel will fall to 0.1 per cent from the previous level of 1.5 as of January 1, 2015. Other areas are to achieve an even bigger cut, to 0.5 per cent from 4.5 down by January 1, 2020.

The proposals will allow ships to use equivalent technologies, such as exhaust gas cleaning systems, as an alternative to low sulphur fuels. Other important changes include more unified reporting and verification, and sampling provisions aligned with international standards.

The fuel currently used by ships is considered to be among the most polluting due to its high sulphur content.

Crude oil is normally processed into distilled fuels, such as petrol and diesel, and residues such as heavy fuel oil and bitumen. Ships traditionally use the latter heavy fuel oils for propulsion, which can have a sulphur content of up to five per cent. In comparison, the sulphur content of fuels used in trucks or passenger cars must not exceed 0.001 per cent.

Presenting the proposals, EU Environment Commissioner Janez Potocnik said air pollution did not stop at borders and it was time for ships to come in line.

“Land sources have been subject to the attentions of regulators for some time, and the time has come for the maritime sector to deliver its fair share, all the more so as the impact on air quality is felt far beyond coastal areas,” he said.

“This proposal is an important step forward in reducing air emissions from the fast-growing maritime transport sector. It will help resolve the persistent air quality problems that continue to affect millions of Europeans, and will be part of a transformational agenda that will prepare the sector for the challenges of tomorrow.”

The proposals will have to be approved by member states and the European Parliament to enter into force.

Just a few weeks ago, Malta warned the EU not to take any unilateral action in relation to the shipping industry as these might mean ships will change flag to a non-EU register.

Transport Minister Austin Gatt had warned his colleagues in Brussels that Malta would not support any initiative not agreed beforehand with the IMO forcing all global partners to introduce the same benchmarks.

He argued that EU unilateral action would mean the death of Europe’s shipping industry.

(Source: Times of Malta)

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