MALTA Law and Practice Contributed by: Ann Fenech, Adrian Attard, Lara Saguna Axiaq and Martina Farrugia, Fenech & Fenech Advocates
Fenech & Fenech Advocates 198, Old Bakery Street Valletta VLT1455 Malta
Tel: +356 2124 1232 Fax: +356 2599 0640 Email: info@fenechlaw.com Web: www.fenechlaw.com
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The Maltese court system is regulated by virtue of the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta (COCP). The COCP provides that the Courts of Justice of Civil Jurisdiction in Malta are either superior or inferior. The superior courts are the Civil Court, the Court of Appeal and the Constitutional Court, while the inferior courts are the Court of Mag - istrates (Malta) and the Court of Magistrates (Gozo). There is no designated maritime or shipping court, and all maritime cases are heard by the Civil Court (First Hall). In practice, cases with a maritime flavour are assigned to specific judges who, over the years, have garnered a great deal of expertise on the subject. The jurisdiction of the courts to hear cases in rem is regulated by Article 742 (B) of the COCP, introduced into the COCP in 2006; previously, the courts’ jurisdic - tion in rem was still regulated by the Victorian Admiral - ty Court Acts of 1840 and 1861. This Article lists all the maritime claims which can be heard by the Maltese courts against vessels in rem. The grounds contained in Article 742 (B) are based on Article 21 of the English Supreme Court Act, and the list of maritime claims in the International Convention Relating to the Arrest of Sea-Going Ships, 1952 and the International Conven - tion on Arrest of Ships, 1999.
1.2 Port State Control Transport Malta, through its Merchant Shipping Direc - torate, has the responsibility of monitoring and ensur - ing that its fleet, as well as ships entering Maltese waters, are compliant with international standards regarding safety, pollution prevention, and onboard liv - ing and working conditions. A memorandum of under - standing for the Mediterranean region was signed in Malta in 1997, and Transport Malta has also been a member of the Paris Memorandum of Understanding on Port State Control since July 2006. If port state control officers notice deficiencies in the course of an inspection, actions may vary, from recording a deficiency to be rectified within a certain period of time to issuing a detention order if that defi - ciency poses a hazard to safety, health or the envi - ronment. The detention order may only be lifted if the deficiency has been rectified to the satisfaction of the authority. The Ports Directorate within Transport Malta is responsible for the prevention of pollution occurring in the waters within its jurisdiction. Through the assis - tance of the Pollution and Incidence Response Unit, the Ports Directorate thus deals with any incidence of pollution occurring within its jurisdiction. The Directorate also participates in the Western Medi - terranean Region Marine Oil and HNS (hazardous and noxious substances) Pollution Co-operation (West MoPoCo) project, which aims to provide assistance and share expertise to strengthen the co-operation of preparedness between participating countries for any response to marine pollution. The Ports Directorate also releases periodic Notices to Mariners, which con -
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