B 2416
L.N. 327 of 2021
AUTHORITY FOR TRANSPORT IN MALTA ACT
(CAP. 499)
Port Reception Facilities for the Delivery of Waste from Ships 
Regulations, 2021
IN EXERCISE of the powers conf erred by article 43(1) and (3)
of the Authority for Transport in Malta Act, the Minister respo nsible
for Transport, Infrastructure and Capital Projects, in consulta tion with
the Authority for Transport in Malta, has made the following
regulations:-
Citation and 
commencement.1. (1) The title of these regulations is the Port Reception
Facilities for the Delivery of Waste from Ships Regulations, 2021.
(2) These regulations shall come in to force on the 28th of June,
2021.
Scope. 2. (1) These regulations bring into effect the provisions of
Directive (EU) 2019/883 of the European Parliament and of the
Council of 17 April 2019 on port reception facilities for the delivery of
waste from ships, amending Directive 2010/65/EU and repealingDirective 2000/59/EC. 
(2) This Directive, as transpos ed, aims to protect the marine
environment against the negative  effects from discharges of was te
from ships using ports located in the Union, while ensuring the  smooth
operation of maritime traffic, by improving the availability an d use of
adequate port reception faciliti es and delivery of waste to tho se
facilities.
Interpretation. 3. (1) In these regulations, unless the context otherwise
requires:
Cap. 499. "the Act" means the Authority for Transport in Malta Act;
"appropriate inspector" shall m ean any officer representing the
Authority and appointed in accor dance with the provisions of th e Act
to carry out inspections in terms of these regulations;
S.L. 549.63. 
Cap. 549."authorised port reception faci lity" shall mean a port waste
reception facility that holds a valid permit issued under the W aste
Regulations, made under the Envi ronment Protection Act, and an
authorisation to operate in a port or terminal by the Authority ;
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"the Authority" means the Author ity for Transport in Malta as
established in terms of article 5 of the Act;
"cargo residues" means the remnants of any cargo material on
board which remains on the deck or in holds or tanks following
loading and unloading, including loading and unloading excess o r
spillage, whether in wet or dry condition or entrained in wash- water,
but excluding cargo dust remaining on deck after sweeping or du st of
the external surfaces of the ship;
"Directive 2006/66/EC" means Directive 2006/66/EC of the
European Parliament and of the Council of 6 September 2006 on
batteries and accumulators and wa ste batteries and accumulators  and
repealing Directive 91/157/EEC;
"Directive 2008/98/EC" means Directive 2008/98/EC of the
European Parliament and of the Council of 19 November 2008 onwaste;
"Directive 2012/19/EU" means Directive 2012/19/EU of the
European Parliament and of the Council of 4 July 2012 on wasteelectrical and electronic equipment (WEEE);
"fishing vessel" means any ship equipped or used commercially
for catching fish or other living resources from the sea; 
"frequent port calls" means visits by a ship to the same port
taking place at least once a fortnight;
"GISIS" means the Global Inte grated Shipping Information
System set up by the IMO;
"indirect fee" means a fee paid for the provision of port recep tion
facility services, irrespective of the actual delivery of waste  f r o m
ships;
"internal waters" shall have the same meaning as assigned to it  in
the Act;
"MARPOL Convention" means the International Convention for
the Prevention of Pollution from Ships, in its up-to-date versi on;
"passively fished waste" means waste collected in nets during
fishing operations;
"port" means a place or a geographical area made up of such
improvement works and equipment designed principally to permit the
reception of ships, including the a nchorage area within the jur isdiction
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of the port;
"port reception facility" means any facility which is fixed,
floating or mobile and capable of providing the service of rece iving
the waste from ships;
"recreational craft" means a ship of any type, with a hull leng th
of 2.5 metres or more, regardless of the means of propulsion, i ntended
for sports or leisure purposes, and not engaged in trade;
"regular port calls" means repe ated voyages of the same ship
forming a constant pattern betwe en identified ports or a series  o f
voyages from and to the same port without intermediate calls;
"Regulation (EC) No 1069/2029" m eans Regulation (EC) No
1069/2009 of the European Parliament and of the Council of 21
October 2009 laying down health rul es as regards animal by-prod ucts
and derived products not intended for human consumption and
repealing Regulation (EC) No 1774/2002 (Animal by-products
Regulation);
"Regulation (EU) 2017/352" means Regulation (EU) 2017/352 of
the European Parliament and of the Council of 15 February 2017establishing a framework for the provision of port services and
common rules on the financial transparency of ports;
S.L. 499.34."SafeSeaNet" means the Union Maritime Information and
Exchange System established by Directive 2002/59/EC, as transposed
and implemented through the Vessel Traffic Monitoring and Repor ting
Requirements Regulations, and through which the electronic
notifications and reporting obliga tions of these regulations, a nd on the
basis of regulation 21, shall be made;
"scheduled traffic" means traffic based on a published or plann ed
list of times of departures and arrivals between identified por ts or
recurrent crossings that cons titute a recognised schedule;
"ship" means a sea-going vessel of any type whatsoever
operating in the marine environment, including fishing vessels,recreational craft, hydrofoil boats, air-cushion vehicles, subm ersibles
and floating craft;
"sufficient storage capacity" means enough capacity to store th e
waste on board the ship from the moment of departure until the next
port of call, including the waste that is likely to be generate d during
the voyage;
"terminal" means a place where ships are moored, berthed or
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docked to obtain services such as handling of cargo or passenge rs,
repairs, waste removal, bunkering, laid-up and any other servic es
related to ships and maritime activities, including marinas;
Cap. 226."territorial waters" means the waters described in article 3(1)  of the
Territorial Waters and Contiguous Zone Act and includes any wat ers
enclosed between the base lines  therein mentioned and the coast ; 
"treatment" means recovery or disposal operations, including
preparation prior to r ecovery or disposal; and
"waste from ships" means all waste, including cargo residues,
which is generated during the service of a ship or during loading,
unloading and cleaning operations and which falls within the sc ope of
Annexes I, II, IV , V and VI to the MARPOL Convention, as well a s
passively fished waste.
(2) Without prejudice to the a bove definition of "waste from
ships", such shall be considered to be waste within the meaning  o f
point 1 of Article 3 of Directive 2008/98/EC.
(3) For the purposes of these regulations, the competent
authority in Malta shall be the Authority for Transport in Malta, and in
respect of any other State the authority designated as such by the
respective Government.
Applicability. 4. (1) These regulations shall apply to any port or terminal
within a port in Malta normally visited by ships falling within  t h e
scope of sub-regulation (2).
(2) These regulations shall apply to all ships, irrespective of
their flag, calling at, or opera ting within, any port or termin al in Malta,
with the exception of: 
(a) ships engaged in port services within the meaning of
Article 1(2) of Regul ation (EU) 2017/352; and
(b) warships, naval auxiliaries or other ships owned or
operated by a State and used, for the time being, only on a
government non-commercial service:
Provided that such excepted ships still have the general
obligation not to cause pollution and to protect the marineenvironment; and therefore they s hall always deliver their wast e in a
separated manner and use the appropriate port r eception facilities in
place, and pay the applicable expenses for such use. These ships shallbe subject to any necessary inspe ctions and action in terms of law by
the Authority.
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(3) In order to avoid undue delay to ships, the Authority may
exclude the anchorage areas falling under the jurisdiction of a  port
from the application of regulations 7, 8 and 9. 
Cap. 549.
S.L. 549.63.(4) These regulations shall apply without prejudice to any
regulations issued under the Envi ronment Protection Act, in par ticular
the Waste Regulations.
Port reception 
facilities.5. (1) The port or terminal operator shall ensure that
adequate authorised port recepti on facilities be available to m eet the
needs of ships normally using th e port or terminal in question without
causing undue delay to ships.
(2) In sub-regulation (1)  "adequate" means:
(a) capable of receiving the types and quantities of waste
from ships normally using that  port or terminal taking into
account:
 (i) the operational needs of the users of the port or
terminal; 
(ii) the size and geographica l location of the port or
terminal;
(iii) the types of ships calling at that port or
terminal; and 
(iv) any exemptions provided for under regulation
10;
(b) ensuring that the formalities and practical
arrangements in place relating to the use of the port reception
facilities are simple and expe ditious to avoid undue delay to
ships;
(c) ensuring that the fees charged for the delivery of
waste do not create a disincentive for ships to use the portreception facilities; and
(d) capable of managing the waste from ships in an
environmentally sound manner in accordance with Directive2008/98/EC and any other relevant Union and national waste
law:
Provided that the operator of  the port or terminal shall
ensure separate collection to f acilitate reuse and recycling of  w a s t e
from ships calling such port or terminal as re quired under Unio n waste
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law, in particular Directive 2006/66/EC, Directive 2008/98/EC and
Directive 2012/19/EU; 
Provided further that in order to facilitate this process, the
operator of the port or the termi nal may collect the separate w aste
fractions in accordance with waste categories defined in the MA RPOL
Convention, taking into account  the guidelines thereof;
Provided further that the measures in this sub-paragraph
shall apply without prejudice to the more stringent requirement s
imposed by Regulation (EC) No 1069/2009.
(3) A port or terminal operator may, in discharging his duties
under sub-regulation (1), join with any other person in providi ng the
port reception facilities, and references in these regulations to the
provision of such facilities by the port or terminal operator s hall be
construed accordingly; and any such power shall also include th e
power to arrange for the provisi on of such port reception facilities by
any other person.
(4) The port or terminal operator shall ensure that waste
delivery or reception operations a re carried out with sufficien t safety
measures to avert risks to persons and to the environment at th e
respective port or terminal. Appropriate inspections to ensure
compliance shall be carried out by the Authority and the compet ent
national authorities responsible for occupational health and sa fety and
the environment respectively. 
(5) The Authority shall investigate all reported cases of allege d
inadequacies regarding port recep tion facilities that are recei ved, and
shall use the IMO forms and procedures to notify the IMO and th e
reporting Flag State of the outcome of the investigation.
(6) Any party involved in the delivery or reception of waste
from ships can claim compensati on in terms of law and the appli cable
legal proceedings for any damage caused by undue delay.
Waste reception 
and handling 
plans.6. (1) A port or terminal oper ator shall prepare and keep
updated, following ongoing consultat ions with all stakeholders,  a
waste reception and handling plan with respect to the provision  and the
use of port reception facilities. 
(2) A waste reception and handling plan prepared under this
regulation shall comply with the detailed requirements in the F irst
Schedule.
(3) A port or terminal operator shall ensure that the following
information from the waste recep tion and handling plan, dealing  with
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the availability of adequate por t reception facilities in the r espective
port or terminal and the structur e of costs, is clearly communi cated to
the ship operators, is made publ icly available and is easily ac cessible,
in the English language and, if deemed appropriate, also in the  Maltese
language:
(a) the location of the port reception facili ties applicable
to each berth, and where rel evant, their opening hours;
(b) a list of waste from ships normally managed by such
port or terminal;
(c) the list of contact points, of the port reception facility
operators and of the services provided;
(d) a description of the procedures for the delivery of the
waste; and
(e) a description of the cost recovery system, including
waste management schemes and funds as advised by the
Authority from to time, where applicable.
All the information referred to in this sub-regulation shall be
made available electronically and kept up-to-date by the port o r
terminal operator; and shall be communicated from time to time to the
Authority. The Authority shall k eep this information up-to-date  i n
SafeSeaNet.
(4) Where required for reasons of efficiency and following
approval by the Authority, the waste reception and handling pla ns may
be developed jointly by two or more neighbouring port or terminaloperators in the same geographical area, with the appropriate
involvement of each port or ter minal operator concerned, provid ed that
the need for and availability of port reception facilities are specified
for each port or terminal.
(5) Subject to sub-re gulation (7), a port or terminal operator
shall submit his updated waste reception and handling plan to t he
Authority for approval in accor dance with sub-regulation (1) wi thin
six months from the coming into force of these regulations.
(6) A port operator for a new port, or a terminal operator for a
new terminal, shall submit a waste reception and handling plan to the
Authority for approval in accordance with sub-regulation (1), w ithin
three months from the first  day of operation of the port or ter minal.
(7) A port or terminal operator shall submit subsequent waste
reception and handling plans to the Authority for approval in
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accordance with sub-regulation (1):
(a) within nine months of any significant change to the
operation of the port or terminal since the most recent waste
reception and handling plan w as approved by the Authority
pursuant to sub-regulation (10) or prepared by him pursuant tosub-regulation (8); or
(b) not later than five years af ter the most recent plan was
approved by the Authority pursuant to sub-regulation (9) orprepared by him pursuant to sub-regulation (8), whichever is the
sooner:
Provided that where during the previous five-year period
no significant changes have taken place, the reapproval by theAuthority may consist of a validation of the existing plan.
Cap. 549.(8) If the Authority is satisfied that a person who is required to
prepare a waste reception and handling plan is not taking any stepsnecessary in connection with the preparation of this plan, the Authority
may, in consultation with the competent authority nominated by the
Minister responsible for the environment under the EnvironmentProtection Act, prepare such a plan.
Cap. 549. (9) The Authority may, in consultation with the competent
authority nominated by the Minist er responsible for the environ ment
under the Environment Protection Act, either approve the recept ion
and handling management plan or request modifications thereto and amodified plan to be submitted within a date as directed by the
Authority.
(10) A waste reception and handling plan that has been
approved by the Authority pursuant to sub-regulation (9) or preparedby the Authority pursuant to sub- regulation (8) shall be implem ented
by the port or the terminal opera tor for the port or terminal t o which
the plan relates.
(11) The Authority shall monitor the implementation of the
waste reception and handling plan; and may direct a port or ter minal
operator to take such steps as are required and specified for thepurpose of ensuring the correct implementation of the waste receptionand handling plan.
(12) The Authority may exempt the operators of small non-
commercial ports, or terminals within such ports, characterised  by rare
or low traffic from recreational craft only, from the requireme nts of the
previous sub-regulations:
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(a) if their port reception facilities are integrated in the
waste handling system managed by or on behalf of the relevant
port or terminal or the Authority; and 
(b) the information regarding the waste management
system in place is made available to the users of such ports an d
terminals.
The Authority shall notify the name and location of such ports or
terminals electronically in SafeSeaNet.
Advance waste 
notification. 
S.L. 499.34.7. (1) The Master, operator or agent of a ship falling within
the scope of the Vessel Traffic Monitoring and Reporting
Requirements Regulations, bound for a port or terminal, shallcomplete truthfully and accurately in full the advance waste
notification form in the Second Schedule and notify that inform ation to
the Authority: 
(a) at least 24 hours prior to arrival, if the port of call is
known; or 
(b) as soon as the port of call is known, if this
information is available less than 24 hours prior to arrival; o r
(c) at the latest upon departure from the previous port, if
the duration of the voyage is less than 24 hours.
(2) It shall be the duty of the M aster, operator or the agent of  a
ship to communicate also such inf ormation to the port or terminal
operator at which the ship will  be calling and to request for t he
authorised port r eception facility.
(3) The information re ferred to in sub-regulation (1) shall be
made available upon request to the Authority; and shall be avai lable on
board, preferably in electronic form, at least until the next p ort of call.
S.L. 499.34.(4) The advance waste notific ation and reporting formality
obligation required in accordanc e with the provisions of these
regulations shall be reported el ectronically in SafeSeaNet; and  shall be
subject to the provisions of the Vessel Traffic Monitoring and
Reporting Requireme nts Regulations.
(5) The Authority shall ensure t hat the information that is
notified and reported in terms o f this regulation is examined a nd
shared with the relevant enforc ement authorities without delay.
Delivery of 
waste from 
ships.8. (1) The Master of a ship calling at a port or terminal
shall, before leaving the port or terminal, deliver all waste t o an
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authorised port reception facility in accordance with the relev ant
discharge norms laid down in the MARPOL Convention.
(2) Upon delivery, the operator of the authorise d port reception
facility or of the port or termi nal where the waste was deliver ed shall
complete truthfully and accurately in full the waste delivery r eceipt
form set out in the Third Schedul e and shall issue and provide,  without
undue delay, such waste delivery receipt to the Master of the s hip:
Provided that, the obligation t o  i s s u e  a  w a s t e  d e l i v e r y
receipt shall not apply in small ports or terminals with unmann ed
facilities or are remotely located, subject that the Authority has
notified the name and location of such ports and terminals
electronically SafeSeaNet.
S.L. 499.34.
S.L. 499.34.(3) The Master, operator or agent of a ship falling within the
scope of the Vessel Traffic Monitoring and Reporting Requiremen ts
Regulations shall, before depar ture or as soon as the waste del ivery
receipt has been received, electronically report the informatio n
contained therein in SafeSeaNet; and in accordance with the
provisions of the Vessel Traffic Monitoring and Reporting
Requirements Regulations.
(4) The information from the waste delivery receipt shall be
made available upon request to the Authority; and shall be avai lable on
board for at least two years, whe re relevant together with the Oil
Record Book, Cargo Record Book, Garbage Record Book or the
Garbage Management Plan.
(5) Notwithstanding sub-regulation (1), a ship may proceed to
the next port of call without delivering the waste, if:
(a) the information provided in accordance with the
Second and Third Schedules shows that there is sufficientdedicated storage capacity for all waste that has been
accumulated thereon and whic h will be accumulated thereon
during the intended voyage of t he ship until the next port of c all;
S.L. 499.34.(b) the information available on board a ship falling
outside the scope of the Vessel  Traffic Monitoring and Reportin g
Requirements Regulations show s that there is sufficient
dedicated storage capacity for all waste that has beenaccumulated thereon and whic h will be accumulated thereon
during the intended voyage of t he ship until the next port of c all;
or
(c) the ship only calls at an anchorage area for less than
24 hours or under adverse weather conditions, unless such
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anchorage area has been excluded in accordance with the
provisions of regulation 4(3).
The requirements of this sub- regulation shall apply without
prejudice to more stringent requirements for ships adopted inaccordance with international law.
(6) The Authority shall request the Master, operator or agent of
the ship to deliver, before depa rture from the port or terminal , its waste
if:
(a) it cannot be established, based on the information,
including information electronica lly available in SafeSeaNet or
in GISIS, that adequate port re ception facilities are available  at
the next port of call; or 
(b) the next port of call is unknown.
Cost recovery 
systems.9. (1) The Authority shall ensure that the costs of operating
port reception facilities for the treatment and reception of wa ste from
ships, other than cargo residues: 
(a) are covered from the colle ction of a fee from ships;
and 
(b) provide no incentive for ships to discharge their waste
at sea.
(2) All ships calling at a port or  terminal, including those tha t
have not delivered waste before leaving the port or terminal, s hall, in
order to contribute significantly to the costs referred to in s ub-
regulation (1), irrespective of t he actual use of the facilitie s, be liable
to pay an indirect fee. 
(3) The fees established and published in terms of this
regulation:
(a) may be differentiate d on the following basis:
(i) the category, type and size of the ship;
(ii) the provision of certain services to ships outside
normal operating hours in the port or terminal; or
(iii) the hazardous nature of the waste; and
(b) shall be reduce d on the following basis:
(i) the type of trade the ship is engaged in, in
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particular when a ship is engaged in short sea shipping
trade; and, or
(iii) the ship’s design, equipment and operation
demonstrate that the ship pr oduces reduced quantities of
waste and manages its waste in a sustainable and
environmentally sound manner.
(4) The Authority, operator of a  port or terminal, and operator
of an authorised port reception facility shall publish and keep updatedthe amount of the fees and the basis on which they have been
calculated; and shall ensure that such are publicly available a nd easily
accessible to the users of such port or terminal, in the English language
and, if deemed appropriate, also in the Maltese language. Such fees
and calculations must also be included in the waste reception a nd
handling plan.
(5) The fees payable to the Authority and, or to the operators o f
the ports or terminals and, or to the operators of authorised p ort
reception facilities under this r egulation shall be as establis hed, from
time to time. 
Exemptions. 10. (1) The Authority may exempt a ship calling a port or
terminal from the obligations s tipulated in regulations 7, 8 and 9 where
there is sufficient evidence that:
(a) the ship is engaged in scheduled traffic with frequent
and regular port calls; 
(b) there is an arrangement to ensure the delivery of the
waste and payment of the fees in a port along the ship’s routewhich:
(i) is evidenced by a signed contract with a port or
waste contractor and by waste delivery receipts;
(ii) has been notified to all ports on the ship’s route;
and
(iii) has been accepted by the port where delivery
and payment take place, which can be a Union port or
another port in which, as established on the basis of the
information reported electronically SafeSeaNet and inGISIS, adequate port reception facilities are available; and
(c) the exemption does not pose a negative impact on
maritime safety, health, shipboa rd living or working conditions,
or on the marine environment.
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(2) If an exemption is granted, the Authority shall issue an
exemption certificate, based on th e format set out in the Fourt h
Schedule, confirming that the ship meets the necessary conditio ns and
requirements for the application of the exemption and stating the
duration of such exemption. The Authority shall report the info rmation
from an exemption certificate electronically in SafeSeaNet.
(3) Notwithstanding the exemption granted, a ship shall not be
allowed to proceed to the next port of call if there is insuffi cient
dedicated storage capaci ty for all waste that has been accumula ted and
that which will be accumulated  during the intended voyage of th e ship
until the next port of call.
Inspections and 
enforcement.11. (1) All ships shall be subj ect to the inspection regime
established by the Authority and to an inspection by an appropr iate
inspector in terms of such regime, including random ones, in or der to
verify that they comply with the  provisions of these regulation s:
S.L. 499.34.Provided that, ships falling ou tside the scope of the Vessel
Traffic Monitoring and Reporting Requirements Regulations shall still
be subject to the inspection regi me to ensure, as far as practicable,
compliance with the provisi ons of these regulations.
(2) Where the Authority becomes aware or has clear evidence
that the Master , the operator or the agent of a ship has not co mplied
with the provisions of regulati on 7 or 8, or considers that the re are
clear grounds for believing that  the declaration made and the
information given for the pur poses of the Second Schedule and, or the
Third Schedule do not correspond substantially with the state o f the
ship, it may request an inspec tion of the ship by an appropriat e
inspector.
(3) The inspections carried out  s h a l l  a l s o  e n s u r e  e f f e c t i v e
monitoring and enforcement of the arrangements for the delivery  and
payment in place for the exempt ed ships calli ng ports or terminals.
(4) The Authority may detain a ship in port if it did not delive r
its waste in accordance with these regulations and until such a  date to
ensure compliance with the provisions of these regulations.
(5) Where there is clear evidence that a ship has proceeded to
sea without having complied with regulation 8, the Authority sh all, if
the next port of call of the ship is known, inform the competen t
authority of the State in which the port is situated about the ship and
with the evidence that has been collected.
(6) Where the Authority has been informed by the competent
authority of another State of a ship in respect of which there is clear
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evidence of the type mentioned in sub-regulation (2), the Autho rity
may request an inspection of the  ship by an appropriate inspect or at the
earliest opportunity.
(7) If the Authority is not satisfied with the results of an
inspection carried out in terms of these regulations, it shall,  without
prejudice to the application of p enalties or any other legal or
enforcement action in terms of law, direct a ship to deliver it s waste to
an authorised port reception faci lity and shall detain the ship until the
delivery of waste operations are ready.
(8) The Authority shall ensure t hat the information related to
the inspections carried out in te rms of the provisions of these
regulations, including informati on regarding non-compliance and
prohibition of departure orders issued, is inputted without delay in the
Commission inspection database as soon as:
(a) the inspection repor t has been completed;
(b) the order of prohibition of  departure has been lifted;
or
(c) an exemption has been granted.
(9) The Authority shall not, in the exercise of its power under
this regulation, detain or del ay the ship without any reason.
Training of 
personnel.12. (1) The operator of an author ised port reception facility
and of a port and terminal shall ensure that all his personnel receive the
necessary training to acquire knowledge which is essential for their
work on dealing with waste, with specific attention to health a nd safety
aspects pertaining to dealing with hazardous materials, and tha t
training requirements are regularly updated to meet the challen ges of
technological innovation.
(2) Without prejudice to the generality of the foregoing, this
obligation shall be subject to t he applicable legislation in fo rce dealing
with occupational health and safe ty and protection of the envir onment,
and to any directives by the responsible national competent aut horities.
Inspections and investigations. 13. (1) The Authority shall appoint any person to examine,
investigate or inspect a port or terminal, or an authorised por t reception
facility or any relevant documen t. A person appointed by the Au thority
to carry out such functions shall have the power to:
(a) board freely, and without previous notice, a ship at
any place and at any time of day or night;
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(b) enter into freely, and w ithout previous notice, any
port or terminal operator’s premises or building at any place a nd
at any time of day or night;
(c) request the assistance of a  member of the Police force
in the execution of his duties;
(d) question any person conne cted with the execution of
these regulations; and
(e) inspect any document the keeping of which is
prescribed by these regulations.
(2) Whoever shall hinder or obstr uct a person appointed by the
Authority from allowing him to carry out his duties under these
regulations or refuses to comply with the directions which he m ay be
given by such person, shall  be guilty of an offence.
Directives by 
the Authority.14. The Authority may issue dir ectives to port or terminal
operators and Masters, operators and agents of ships in respect  of the
removal of waste from ships or a port or a terminal for the purpose of
avoiding inconvenience, acciden ts or pollution to the marine
environment.
Observance of 
these 
regulations.15. The liability and responsibility for the observance of these
regulations shall rest solely with the port or terminal operato r,
authorised port reception facili ty, authorised undertaking and the
Master, operator and agent of a ship. The Authority shall not b e held
liable for any consequences arising from any acts or omissions in
respect of any of the requireme nts of these regulations.
Statistics and 
other 
information.16. (1) Any person shall provide the Authority, when
requested to do so and without delay, all data, statistics and other
information, pursuant to the pr ovisions of these regulations, r equested
by the Authority from time to time, in such format as the Autho rity
may prescribe.
(2) The operator of an authoris ed port reception facility or a
port or terminal shall monitor and collect data on the volume a nd
quantity of passively fished waste is collected; and shall submit such
information to the Authority, as directed by the Authority from  time to
time, to be reported to the Commission. 
Offences. 17. (1) Any operator of a port or terminal, or a Master or
operator or agent of a ship, who breaches or fails to comply wi th the
provisions of these regulations commits an offence and is liabl e, upon
conviction: 
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S.L. 499.34.(a) where the person is an operator of a port or terminal, or
a Master or operator or agent of a ship falling within the scop e of
the Vessel Traffic Monitori ng and Reporting Requirements
Regulations or a ship which opera tes commercially within Maltes e
internal and territorial waters, to a fine ( multa ) not less than two
thousand and five hundred eur o (€2,500) and not exceeding one
hundred thousand euro (€100,000) for each offence; and in the
case of a continuing offence, to a further fine ( multa ) not less
than five hundred euro (€500) and not exceeding one thousand
and five hundred euro (€1,500) for each offence for every day o r
part thereof during which t he offence persists; and
S.L. 499.34.(b) where the person is an operator or a Master or agent
of any other ship, including recr eational craft and fishing ves sels,
which do not fall within the scope of the Vessel Traffic
Monitoring and Reporting Requirements Regulations, to a fine
(multa ) not less than five hundred e uro (€500) and not exceeding
five thousand euro (€5,000) for each  offence; and in the case o f a
continuing offence, to a further fine ( multa)  not less than one
hundred euro (€100) and not exc eeding five hundr ed euro (€500)
for each offence for every day or part thereof during which the
offence persists.
(2) Where any offence agains t the provisions of these
regulations is committed by a bod y of persons or body corporate ,
every person who, at the time of the commission of the offence was a
director, manager or other sim ilar officer of such body of pers ons or
body corporate, or was purporting to act in any such capacity, shall be
guilty of that offence unless he proves that the offence was committedwithout his knowledge and that he exercised all due diligence t o
prevent the commission of the offence. 
Cap. 9. (3) Proceedings for an offence against these regulations shall
be instituted before the Court of Magistrates (Malta) or the Co urt of
Magistrates (Gozo), as the case may be, and shall be in accorda nce
with the provisions of the Crimin al Code regulating the procedu re
before the said courts as courts of criminal judicature. 
Administrative 
fines.18. (1) If an operator of a port or terminal, or a Master or
operator or agent of a ship, breac hes or fails to comply with a ny of the
requirements of these regulations  or directives given by the Au thority
or the provisions of the waste r eception and handling plan, the
Authority shall handover to such person a notice containing a g eneral
description of the breach or non-compliance and may:
(a) require the Master or operator or agent of a ship to
remove the waste within such a time and deliver it to such a
place as the Authority may require ; and if he fails to comply, the
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Authority may cause the removal of such waste at the risk and
expense of the Master, operator and agent of the ship;
(b) in terms of the provisions of the Act, impose an
administrative fine of not less than two hundred and fifty euro(€250) in respect of each breach or non-compliance; or not less
than one hundred euro (€100) for every day or part thereofduring which the breach or non-compliance subsists, from the
date of the final decision of the Authority:
Provided that the ad ministrative fine shall be paid to the
Authority within such time indica ted in the notice, which in no  case
shall be less than seven days, provided that where any administ rative
fine imposed under this regulation is not paid within theaforementioned period, proceedings in respect of the breach or non-
compliance may be taken in accordance with the provisions of th ese
regulations;
(c) notwithstanding paragrap hs (a) and (b), the Authority
may also order the detention of the ship until such time as thebreach or non-compliance is rectified.
(2) The compliance of the operato r of a port or terminal, or a
Master or operator or agent of a ship, with the provisions of sub-regulation (1) shall for all in tents and purposes of law, be de emed to be
an admission of the breach or non-compliance, and no further ac tion
shall be taken in respect of such breach or non-compliance.
Provisions with 
respect to offences.19. (1) The provisions of these regulations establishing
offences and punishments in respect thereof shall be without pr ejudice
to any liability arising from any other law or regulations; and  shall not
bar the infliction of further puni shments contemplated by such other
law or regulations.
(2) In particular, the provisions  referred to in sub-regulation (1)
shall not affect the application of any higher punishment under  a n y
other law or regulations.
Other fees. 20. Without prejudice to the provisions of regulation 9, all
other fees payable to the Authority in terms of these regulatio ns shall
be as established, from t ime to time, by the Authority.
Reporting and exchange of information. 21. (1) The notification, reporting and exchange of data and
information in terms of these regulations shall be based on
SafeSeaNet. 
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S.L. 499.34.(2) The Authority shall ensure that the following data and
information is reported electronically and within reasonable ti me
through SafeSeaNet in terms of the provisions of the Vessel Traffic
Monitoring and Reporting Re quirements Regulations:
S.L. 499.34.(a) the information on the actual time of arrival and time
of departure of every ship falling within the scope of the Vess el
Traffic Monitoring and Repor ting Requirements Regulations
calling at a port or terminal, together with an identifier of t he
port or terminal concerned; and
(b) all the data and information laid down in the
provisions of these regulations.
Revokes S.L. 
499.30.22. The Port Reception Facilities for Ship-generated Wastes
and Cargo Residues Regulations, 2004 are hereby being revoked.
Transitional 
provision.23. Unless provided otherwise by these regulations, any
authorisation, approval or exemp tion given by the Authority in terms
of the Port Reception Facilities for Ship-generated Wastes and Cargo
Residues Regulations, 2004 shall remain into force and valid un til
their term of validity expires.
Saving. 24. Any obligation, liability, pena lty or punishment incurred
under the Port Reception Facilities for Ship-generated Wastes a nd
Cargo Residues Regulations, 2004 or in connection with any brea ch of
the provisions of those regulations, or any proceedings or reme dy
relating to any such obligation, liability, penalty or punishme nt, shall
not be affected by such revocation.
FIRST SCHEDULE
REQUIREMENTS FOR WASTE RECEPTION AND 
HANDLING PLANS
(as referred to in regulation 6)
1. Waste reception and handling plans shall cover all types of
waste originating from ships normally visiting the port or term inal and
shall be developed according to the size of the port or terminal and the
types of ships calling a t that port or terminal.
2. Waste reception and handli ng plans shall address the
following elements, in detail:
(a) an assessment of the need for port recepti on facilities,
in light of the need of the ships normally visiting the port or
terminal;
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(b) a description of the type and capacity of port
reception facilities;
(c) a description of the procedures for the reception and
collection of waste from ships;
(d) a description of the c ost recovery system;
(e) a description of the pro cedure for reporting alleged
inadequacies of port reception facilities;
(f) a description of the procedure for ongoing
consultations with port or ter minal users, authorised waste
management undertakings and co ntractors, terminal operators
and other interested parties; and
(g) an overview of the type and quantities of waste
received from ships and handled in the facilities.
3. In addition, waste reception and handling plans should
include:
(a) a summary of the relevant n ational legisl ation and the
procedure and formalities for the delivery of the waste to port
facilities;
(b) an identification of a point of contact to be
responsible for the implementation of the waste reception andhandling plan;
(c) a description of the pre-treatment equipment and
process for specific waste str eams in the port or  terminal, if any;
(d) a description of methods for recording the actual use
of the port reception facilities;
(e) a description of methods for recording the amounts
waste delivered from ships received; and
(f) a description of methods for managing the different
waste streams in the port or terminal.
The procedures for reception, collection, storage, treatment
and disposal of waste should conform in all respects to anenvironmental management scheme suitable for the progressivereduction of the environmental imp act of these activities. Such
conformity shall be presumed if the procedures are in complianc e with
Regulation (EC) No 1221/2009 of the European Parliament and of the
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Council of 25 November 2009 on th e voluntary participation by
organisations in a Community eco-management and audit scheme
(EMAS), repealing Regulation (EC) No 761/2001 and Commission
Decisions 2001/681/EC and 2006/193/EC.
4. Waste reception and handling plans shall also comply with
the provisions of regulation 6(3).
SECOND SCHEDULE
STANDARD FORMAT OF THE A DV ANCE NOTIFICATION 
FORM FOR WASTE DELIVERY TO PORT RECEPTION 
FACILITIES 
(as referred to in regulation 7)
Notification of the  delivery of waste
to:_________________________ ( enter name of por t of call, as
referred to in Article 6 of Directive (EU) 2019/883, as transposed by
the Port Reception Facilities for the Delivery of Waste from Ships
Regulations (S.L. 499.71 )
This form should be retained on board the ship along with the
appropriate Oil Record Book, Cargo Record Book, Garbage Record
Book or Garbage Management Plan as required by the MARPOLConvention.
1.
SHIP PARTICULARS
2. PORT AND VOYAGE PARTICULARS1.1 Name of ship: 1.5 Owner or operator:
1.2 IMO number: 1.6 Distinctive number or letters:
MMSI (Maritime Mobile Service
Identity) number:
1.3 Gross tonnage: 1.7 Flag State:
1.4 Type of ship: o Oil ta nker o Chemical tanker
o Bulk carrier o Container shipo Other cargo ship o Passenger shipo Ro-Ro o Other (specify)
2.1 Location/terminal name:2 . 6 L a s t  p o r t  w h e r e  w a s t e  w a s
delivered:
2.2 Arrival date and time: 2.7 Date of last delivery:
2.3 Departure date and time: 2.8 Next port of delivery:
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3. TYPE AND AMOUNT OF WASTE AND STORAGE CAPACITY2.4 Last port and country: 2.9 Person submitting this form (if
other than the Master): 2.5 Next port and country (if known):
TypeWaste to 
be 
delivered 
(m3)Maximum 
dedicated 
storage 
capacity 
(m3)Amount 
of waste 
retained 
on board 
(m3)Port at 
which 
remaining 
waste will 
be delivered Estimated 
amount of 
waste to be 
generated 
between 
notification 
and next port 
of call (m3)
MARPOL Annex I – OIL 
Oily bilge 
water
Oily residues 
(sludge)
Oily tank 
washings
Dirty ballast 
water
Scale and 
sludge from 
tank cleaning
Other (please 
specify)
MARPOL Annex II – NOXIOUS L IQUID SUBSTANCES (NLS) (1)
Category X 
substance
Category Y 
substance
Category Z 
substance
OS – other 
substances
MARPOL Annex IV – SEWAGE
MARPOL Annex V – GARBAGE 
A. Plastics
B. Food waste
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C. Domestic 
waste (e.g. 
paper 
products, rags, glass, metal, bottles, 
crockery, etc.)
D. Cooking 
oil
E. Incinerator 
ashes
F. Operational 
wastes
G. Animal 
carcass(es)
H. Fishing 
gear
I. E-waste
J. Cargo 
residues (2) 
(Harmful to the Marine 
Environment 
– HME)
K. Cargo 
residues (3) 
(non-HME)
MARPOL Annex VI – AIR POLLUTION relatedOzone- 
depleting 
substances 
and equipment containing 
such 
substances (4)
Exhaust gas 
cleaning residues
Other waste, not covered by MARPOLPassively 
fished waste
.  1.  Indicate the prop er shipping name of the NLS involved.
.  2. May be estimates. Indicate the proper shipping name of the dry cargo.
.  3.  May be estimates. Indicate the proper shipping name of the  dry cargo.
.  4. Arising from normal maintenance activities on board.
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Notes
1. This information may be used for port State control and
other inspection purposes.
2. This form is to be completed unless the ship is covered by
an exemption in accordance with Article 9 of Directive (EU) 201 9/883
as transposed by regulation 10 of the Port Reception Facilities  for the
Delivery of Waste from Ships Regulations (S.L. 499.71).
THIRD SCHEDULE
STANDARD FORMAT FOR TH E WASTE DELIVERY 
RECEIPT
(as referred to in regulation 8)
The designated representative of the authorised port reception
facility provider shall provide the following form to the Master of a
ship that has delivered waste in a ccordance with Article 7 of Directive
(EU) 2019/883, as transposed by the Port Reception Facilities for the
Delivery of Waste from Shi ps Regulations (S.L. 499.71)
This form should be retained on board the ship along with the
appropriate Oil Record Book, Cargo Record Book, Garbage Record
Book or Garbage Management Pl an as required by the MARPOL
Convention.
1. PORT RECEPTION FACILITY AND PORT PARTICULARS
2. SHIP PARTICULARS1.1 Location/terminal name:
1.2 Port reception faci lity provider(s):
1.3 Treatment facility provider( s) – if different from above:
1.4 Waste delivery date and time from:to:
2.1 Name of ship: 2.5 Owner or operator:
2.2 IMO number: 2.6 Distinctive number or letters:
MMSI (Maritime Mobile Service
Identity number:
2.3 Gross tonnage: 2.7 Flag State:
2.4 Type of ship: o Oil tanker o Chemical tanker
o Bulk carrier o Container ship
o Other cargo ship o Passenger ship
o Ro-Ro o Other (specify)
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3. TYPE AND AMOUNT OF WASTE RECEIVED
MARPOL Annex I – 
OILQuantity 
(m3)MARPOL Annex V – 
GARBAGEQuantity 
(m3)
Oily bilge water A. Plastics
Oily residues (sludge) B. Food waste
Oily tank washingsC. Domestic waste 
(e.g. paper products, 
rags, glass, metal, 
bottles, crockery, etc.)
Dirty ballast water D. Cooking oil
Scale and sludge from 
tank cleaningE. Incinerator ashes
Other (please specify) F . Operational waste
G. Animal carcass(es)
H. Fishing gearI. E-waste
J. Cargo residues (1) 
(Harmful to the Marine Environment – HME)
. 1.  Indicate the proper shi pping name of the dry cargo.K. Cargo residues (
1) 
(non-HME)
MARPOL Annex II – NOXIOUS LIQUID SUBSTANCES (NLS)Quantity 
(m
3) / name 
(2)
. 2. Indicate the prop er shipping name of the NLS involved.MARPOL Annex VI 
– AIR POLLUTION relatedQuantity 
(m
3)
Category X substanceOzone-depleting 
substances and 
equipment containing 
such substances
Category Y substanceExhaust gas-cleaning residues
Category Z substance
OS – other substance
MARPOL Annex IV – 
SEWAGE Quantity 
(m
3)Other waste, not 
covered by MARPOLQuantity 
(m3)
Passively fished waste
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FOURTH SCHEDULE
EXEMPTION CERTIFICATE PURSUANT TO ARTICLE 9 IN 
RELATION TO THE REQUIR EMENTS UNDER ARTICLE 6, 
ARTICLE 7(1) AND ARTICLE 8 OF DIRECTIVE (EU) 2019/883, 
AS TRANSPOSED BY THE PORT RECEPTION FACILITIES 
FOR THE DELIVERY OF WASTE FROM SHIPS 
REGULATIONS S.L. 499.30), AT THE PORT[S] OF [INSERT 
PORT] IN [INSERT MEMBER STATE]*
(as referred to in regulation 10)
Name of ship [ insert name of ship ]
Distinctive number or letters [ insert IMO number ]
Flag State [ insert name of the Flag State ]
is in scheduled traffic with fr equent and regular port calls at  the
following port(s) located in [ insert name of the Member State ]
according to a schedule  or predetermined route:
[]
and calls at these ports at least once a fortnight:
[]
and has made an arrangement to ensure the payment of the fees
and the delivery of waste to the port or a third party at the port of:
[]
and is thus exempted, in accordance with [insert relevant
provision in national legi slation of the country ], [from the
requirements on :
[] mandatory delivery waste from ships,
[] the advance waste notification, and
[] the payment of the mandatory fee, at the following port(s): ]
* Delete if not appropriate.
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This certificate is valid until [ insert date ], unless the grounds for
issuing the certificate are changed before that date.
Place and date
Name Title
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