MALTA Law and Practice Contributed by: Ann Fenech, Adrian Attard, Lara Saguna Axiaq and Martina Farrugia, Fenech & Fenech Advocates
2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Malta is a party to the following: • the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter; • the 1973 International Convention for the Pre - vention of Pollution from Ships, as modified by the Protocol of 1978 relating thereto and by the Protocol of 1997; • the 1992 Protocol of the International Con - vention on Civil Liability for Oil Pollution Damage 1969, and the Protocol of 1992 to Amend the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage; • the 1990 International Convention on Oil Pollution Preparedness, Response and Co- operation (OPRC); • the 2000 Protocol on Preparedness, Response and Co-operation to Pollution Inci - dents by Hazardous and Noxious Substances (the “OPRC-HNS Protocol”); • the 2001 International Convention on the Control of Harmful Anti-fouling Systems on Ships; • the 2004 International Convention for the Control and Management of Ships’ Ballast Water and Sediments; and • the 2009 Hong Kong International Conven - tion for the Safe and Environmentally Sound Recycling of Ships. Malta is also party to the 2007 International Con - vention on the Removal of Wrecks. In 2021, the Oil and Hazardous and Noxious Substances Pollution Preparedness, Response
obtain vessel certificates in their name, provided that the owner and any registered mortgagees provide their written consent to such an arrange - ment, and charterers pay registration fees equal to those due by owners. 1.6 Registration of Mortgages The Malta Ship Registry within Transport Malta is responsible for the registration of Maltese mort - gages over Malta-flagged vessels. The registra - tion of a mortgage over a Malta-flagged vessel takes place by means of a statutory mortgage instrument, which is produced to the Registrar of Ships for registration and recorded in the register of the relevant vessel. This registration determines the exact date and time the mort - gage becomes effective vis-à-vis third parties, and consequently also determines its ranking. The mortgage instrument is generally executed locally by a local representative of the mortgagor acting pursuant to a power of attorney – also presented to the Registrar of Ships together with the mortgage instrument. 1.7 Ship Ownership and Mortgages Registry The Maltese Ship Registry, which is responsible for the registration of ships and mortgages, is a public registry distinct from the Government Public Registry. It is accessible to the general public, who may physically attend the registry to carry out searches on Malta-flagged vessels. A transcript of the register of any registered vessel, which will reflect the publicly available informa - tion, may also be ordered from the Ship Registry.
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