S.L. 234.38 Art. 3Application.

(1) These regulations shall apply to any ship and her crew calling at a port in Malta or anchored off such a port to engage in a ship/port interface:

Provided that nothing in these regulations shall affect the rights of intervention available to any authority under any of the relevant international Conventions or under any other convention.

(2) These regulations shall not apply to -

(a) fishing vessels,

(b) warships,

(c) naval auxiliaries,

(d) wooden ships of a primitive build,

(e) government ships used for non-commercial purposes,

(f) pleasure yachts not engaged in trade, or

(g) ships registered in Malta.

(3) In case of ships below 500 gross tonnage, the inspector shall apply those requirements of a relevant Convention which are applicable and shall, to the extent that a Convention does not apply and without prejudice to any other powers under these regulations, take such action as may be necessary to ensure that the ships concerned are not clearly hazardous to safety, health or the environment. In the application of this sub-regulation the inspector shall be guided by Annex I to the Paris Memorandum of Understanding.

(4) When inspecting a ship flying the flag of a State which is not a party to a Convention, the treatment given to such ship and her crew shall be no more favourable than that given to a ship flying the flag of a State which is a party to that Convention or to the crew of such a ship. Such ship shall be subject to a more detailed inspection in accordance with procedures established by the Paris Memorandum of Understanding.

(5) If the competent authority becomes aware of a clear violation of Community law on board ships flying the flag of a Member State, it shall in accordance with national law and practice, forthwith inform any other relevant competent authority in order for further action to be taken as appropriate.

(6) These regulations shall also apply to inspections of ro-ro passenger ships and high-speed passenger craft carried out outside a port or away from an anchorage during a regular service in accordance with regulation 9A.