S.L. 234.38 Art. 16Follow-up to inspections and detentions.

(1) Where deficiencies referred to in regulation 13(2)

cannot be rectified in Malta, the competent authority may allow the ship concerned to proceed without undue delay, to the appropriate repair yard nearest to the port of detention, as chosen by the master and the authorities concerned, where follow-up action can be taken, provided that the conditions determined by the competent authority of the flag State and agreed to by the competent authority are complied with. Such conditions shall ensure that the ship can proceed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment: Provided that when the decision to send a ship to a repair yard is due to a lack of compliance with IMO Resolution A. 744(18), either with respect to a ship’s documentation or with respect to a ship’s structural failures and deficiencies, the competent authority may require that the necessary thickness measurements be carried out in the port of detention before the ship is allowed to sail.

(2) In the circumstances referred to in sub-regulation (1), the competent authority shall notify the competent authority of the State where the repair yard is situated, the parties mentioned in regulation 13(6) and any other authority as appropriate of all the conditions for the voyage.

(3) When the competent authority receives a notification analogous to the one referred to in sub-regulation (1) from the competent authority of another State, it shall inform the notifying authority of the action taken.

(4) The competent authority shall take measures to ensure that ships that proceed to sea from a port in any other Member State in circumstances analogous to those referred to in sub-regulation (1) -

(a) without complying with the conditions determined by the competent authority in the port of inspection; or

(b) which refuse to comply with the applicable requirements of the Conventions by not calling into the indicated repair yard, are refused access to any port in Malta, until the owner or operator has provided evidence to the satisfaction of the competent authority of the port of inspection where the ship was found to be deficient that the ship fully complies with all applicable requirements of the Conventions.

(5) If a ship proceeds to sea from a port in Malta without complying with the conditions determined by the competent authority in accordance with sub-regulation (4)(a), the competent authority shall immediately alert the competent authorities of all the other Member States.

(6) If a ship to which sub-regulation (4)(b) applies is to proceed to a repair yard in Malta, but fails to call into the indicated repair yard, the competent authority shall immediately alert the competent authorities of all the other Member States.

(7) Before denying entry pursuant to circumstances analogous to those referred to in sub-regulations (5) and (6), the competent authority may request consultations with the flag administration of the ship concerned.

(8) Notwithstanding the provisions of sub-regulation (4), access to a port in Malta may be permitted by the competent authority in the event of force majeure or overriding safety considerations, or to reduce or minimise the risk of pollution or to have deficiencies rectified, provided adequate measures to the satisfaction of the competent authority have been implemented by the owner, the operator or the master of the ship to ensure safe entry.