Category: General

Ballast Water Management Convention brought into Force

Transport Malta, the competent authority in Malta to regulate shipping and ports, has issued a Merchant Shipping Notice concerning the implementation of the Ballast Water Management Convention.  Known as the Ballast Convention, the treaty was transposed through regulations issued in 2017.

The Merchant Shipping notice addresses owners, operators, masters, of ships, owners’ representatives and recognised organisations. It brings to attention the coming into force of the Convention.

The Convention came into force on the 8th September 2017.  The implementing regulations in Malta came into force on the same date.

Ballast water is carried in ballast tanks and is used to stablise or lower the ship on unloaded voyages.  The rules have been changed to make sure that ballast water is carried in these special, segregated tanks only. Further, water taken in for ballast has to be changed several times during a voyage. This will make sure marine organisms are not carried too far from their natural habitat.

As from this date, all Maltese ships engaged under international voyages to which the Convention applies, must be compliant.   The convention and regulations set standards standards for the management of ballast water and sediments. The requirements include drawing up and maintenance of a Ballast Water Management Plan (BWM Plan).

The convention grants a transition period of up to three months from the date of entry into force.  This time will allow owners to make the necessary arrangements for compliance.  Ships must also maintain Ballast Water Record Book is also to be maintained.

The Regulations may be downloaded from here.

Marine Insight’s Online Resources for Maritime Piracy

Information is available to help to keep informed on piracy on the high seas, as well as how best to deal with this problem

Marine Insight has published links to 28 sources of information, useful to professionals in different aspects of the shipping industry.

 

“With the increase in piracy at the sea, several maritime organisations and defence agencies have started providing online updates on events related to maritime piracy which is taking place around the world,” reads the introduction.  This excellent initiative is worth exploring.

Public Consultation – Antitrust Damages Directive

The Office for Competition has launched a public consultation on implementing the Antitrust Damages Directive in Malta.

The draft legislation relates to Malta’s obligation to transpose Directive 2014/104/EU (the “Antitrust Damages Directive”). This Directive sets rules for actions for damages under national law when competition law is infringed. It applies to both individual and collective actions in EU Member States.

Current Legislation

Maltese law already allows businesses to recover damages for competition law violations under Article 27A of the Competition Act. This is supported by procedural rules in the Code of Organisation and Civil Procedure. Recently, a court has awarded damages in a case involving abuse of competition law.

The Directive and the draft legislation aim to better align private and public enforcement of competition law.  The changes will allow private enforcement of decisions by national competition authorities across all EU Member States.

Key changes

Key changes that the Directive and draft legislation introduce, include:

  • Easier access to evidence: Parties can now obtain court orders to access evidence held by other entities. Courts will ensure that disclosure is proportionate, protecting confidential information.

  • Proof of infringement: A final decision by a national competition authority will serve as full proof of the infringement in that country’s courts. In other Member States, it will be prima facie evidence.

  • Clear limitation periods: Victims of antitrust infringements will have at least 5 years to file claims for damages, starting from when they could have discovered the harm. This period pauses if a competition authority starts an investigation. Once an infringement decision is final, claimants have at least 1 year to file.

  • Passing-on of harm: If an infringer raises prices, indirect customers may be entitled to compensation. The Directive assumes indirect customers suffered harm unless the infringer can prove otherwise.

  • Full compensation: Victims may claim full compensation, covering actual losses, lost profits, and interest from the time the harm occurred.

  • Rebuttable presumption of harm in cartels: Cartels are presumed to cause harm, based on the finding that 90% of cartels lead to price increases. In rare cases where this is not true, infringers can prove no harm occurred.

  • Joint and several liability: All participants in an infringement are liable for the full harm caused, with the possibility of recovering a share from others. However, leniency programme participants who cooperate with authorities will be liable only to their direct and indirect customers. SMEs facing bankruptcy can apply for a narrow exception from joint and several liability

EU Single Market Forum to be modernised over 2016

Note: This post reflects insights from the 2016 EU Single Market Forum. It has been retained for archival purposes. Any queries on updates can be sent through our Contact Form.

The Government has issued a press release on the new EU Single Market Forum, one of the Commission’s agenda items for 2016.

One of the aims of the European Commission for 2016 is to modernize the current Single Market Strategy. The Ministry for the Economy, Investment and Small Business, in collaboration with GRTU and the Malta Employer’s Association, held a seminar entitled “Single Market Forum – Tackling internal barriers to movement of goods and labour,” seeking to better gauge the  Maltese position and to listen to suggestions relating to policy changes.  The Forum aims to carry out these objectives.

The full press release can be found here.

Deficiencies in Ships – Merchant Shipping Notice

This article discusses Merchant Shipping Notice 124 issued in 2015. Procedures and regulations may have changed since then. Please refer to the latest notices from Transport Malta for current information.

Transport Malta has recently issued a Merchant Shipping Notice to ships visiting US Ports.  It noted that many detentions arise from the deficiencies in terms of environmental protection and fire safety.

Therefore, Transport Malta requires ships to notify the relevant directorate of their intentions before entering US Ports. The Master and the ISM Manager are responsible to make this notification in the appropriate time.

MS Notices are issued regularly by Transport Malta as directions to ships and shipowners in the operation of their vessels, assisting better compliance with the laws and international conventions. They are published on the Transport Malta Website.