S.L. 499.71 Art. 4Applicability.  Cap. 549. S.L. 549.63.

(1) These regulations shall apply to any port or terminal within a port in Malta normally visited by ships falling within the scope of sub-regulation (2).

(2) These regulations shall apply to all ships, irrespective of their flag, calling at, or operating within, any port or terminal in Malta, with the exception of:

(a) ships engaged in port services within the meaning of Article 1(2) of Regulation (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 marine environment; and therefore they shall always deliver their waste in a separated manner and use the appropriate port reception facilities in place, and pay the applicable expenses for such use. These ships shall be subject to any necessary inspections and action in terms of law by the Authority.

(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.

(4) These regulations shall apply without prejudice to any regulations issued under the Environment Protection Act, in particular the Waste Regulations.