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Gibraltar Merchant Shipping (Community Vessel Traffic Monitoring And Information System) Regulations 2004


Published: 2005-04-28

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I ASSENT Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120
Regulations made under s. 118 of the Gibraltar Merchant Shipping (Safety,
etc.) Act, 1993.


GIBRALTAR MERCHANT SHIPPING (COMMUNITY
VESSEL TRAFFIC MONITORING AND INFORMATION
SYSTEM) REGULATIONS 2004

(LN. 2004/120)
28.4.2005 (LN. 2005/074)

Amending
enactments
Relevant current
provisions
Commencement
date

LN. 2006/123 rr. 3(2)(c), (d) & (e), 17(1) & (2),
21(1)(a)(iii) & 23(3) & (7)

9.11.2006
2011/051 rr. 2, 3(1), (3)(a) & (4), 6(3), & (3)(j)(i),
8(2), 9(2), 10A, 10B, 11(7), 12(5)(b),
13, 14, 15(1), (1)(c) & (2), 16(1)(a),
(4)(c) & (d), 16A, 17(3), (4) & (5),
18A, 18B, 18C, 18D, 19, 21(1)(d) &
(e), 22A, 22B, 23(4) & (5), 27, Schs. 1
& 3






12.4.2011
2012/024 rr. 2(1), 12(8)(b), 15(1), (6)(a)(i) &
(8)(a)(i), 18(1)(a) & 19

5.3.2012
2012/097 rr. 2(1), 5, 9(3), 10, 10B(2), 11, 13(1),
(2)(b) & (d), (7), (8) & (9), 14(1)(b),
15(8)(a)(i), 16(1) & (2), 17(3A) & (5),
18(3), 22A(2)(c), 23(3) & (4), 27(1),
(2), (3) & (5), 28(1) & (2) & Sch.1





5.7.2012
2015/195 r. 22C 18.11.2015


EU Legislation/International Agreements involved:
Directive 93/75/EEC
Directive 1999/35/EC
Directive 2002/59/EC
Directive 2009/17/EC
Directive 2009/18/EC
Directive 2011/15/EU

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 _________________________



ARRANGEMENT OF REGULATIONS

Regulations

PART I
PRELIMINARY

1. Title and commencement.
2. Interpretation.
3. Application of these Regulations.

PART II
SHIP REPORTING AND MONITORING.

4. Competent authority.
5. Notification prior to entry into port.
6. Mandatory ship reporting system.
7. Use of ships’ routing system.
8. Vessel traffic services within territorial sea.
9. Vessel traffic services outside territorial sea.
10. Requirements to use Automatic Identification Systems.
10A. Use of automatic identification systems (AIS) by fishing vessels.
10B. Use of systems for the long-range identification and tracking of ships
(LRIT).
11. Voyage Data Recorder (VDR) systems.

PART III
NOTIFICATION OF DANGEROUS OR POLLUTING GOODS.

12. Notification by ships carrying dangerous or polluting goods.
13. Exemption.
14. Information requirements concerning the transport of dangerous
goods.

PART IV
INCIDENTS AND ACCIDENTS AT SEA.

15. Reporting of incidents and accidents at sea.
16. Measures to be taken in the event of exceptionally bad weather or
sea conditions.
16A. Measures in the event of risks posed by the presence of ice.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 17. Measures to be taken in the event of incidents or accidents at sea.
18. Obligations of owners in relation to accidents and incidents.
18A. Competent authority for the accommodation of ships in need of
assistance.
18B. Plans for the accommodation of ships in need of assistance.
18C. Decision on the accommodation of ships.
18D. Financial security and compensation.
19. Marine casualty investigation.


PART V
USE OF INFORMATION.

20. Broadcasting and supply of information.
21. Transmission of information concerning hazardous ships.
22. Confidentiality of information.
22A. Gibraltar’s communication system.
22B. SafeSeaNet.
22C. SafeSeaNet systems.



PART VI
CONTROL PROVISIONS.

23. Offences.
24. Defences.
25. Offences due to the fault of another person.
26. Offences by corporate bodies.
27. Inspection and detention of ships.
28. Appeal.

SCHEDULE 1
Prescription applicable to on-board equipment.

SCHEDULE 2
Information to be notified in accordance with regulation 12.

SCHEDULE 3
Granting exemption for international schedule service.
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 In exercise of the powers conferred on it by regulation 118 of the Gibraltar
Merchant Shipping (Safety, etc.) Act, 1993 and all other powers enabling,
the Government, for the purposes of transposing into the law of Gibraltar
Directive 2002/59/EC of the European Parliament and of the Council
establishing a Community vessel traffic monitoring and information system
and repealing Council Directive 93/75/EEC, has made the following
Regulations:

PART I
PRELEMINARY.

Title and commencement.

1.(1) These Regulations may be cited as the Gibraltar Merchant Shipping
(Community Vessel Traffic Monitoring and Information System)
Regulations 2004.

(2) These Regulations shall come into operation on a day to be appointed
by the Minister with responsibility for the Port and Shipping by notice in the
Gazette.

Interpretation.

2.(1) In these Regulations, unless the context otherwise requires–

“accident” shall have the meaning assigned to it by regulation 2 of the
Gibraltar Merchant Shipping (Accident Reporting and
Investigation) Regulations 2012;

“Act” means the Gibraltar Merchant Shipping (Safety, etc.) Act 1993;

“address” means the name and the communication links whereby contact
may, where necessary, be made with the operator, agent, port
authority, competent authority or any other authorised person or
body in possession of detailed information regarding the ship's
cargo;

“Administration” means the person or organisation in the relevant flag
State holding equivalent responsibilities of the Maritime
Administration;

“agent” means a person mandated or authorized to supply information on
behalf of the owner or operator of a ship;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 “BC Code” means the IMO Code of Safe Practice for Solid Bulk
Cargoes, in its up-to date version that is applicable at the time of
reference;

“BGTW” means British Gibraltar Territorial Waters which is the area of
sea, the sea bed and subsoil within the seaward limits of the
territorial sea adjacent to Gibraltar under British sovereignty and
which, in accordance with the United Nations Convention on the
Law of the Sea 1982, currently extends to three nautical miles and
to the median line in the Bay of Gibraltar;

“Captain of the Port” shall have the meaning assigned to it by section
2(1) of the Port Act;
“cargo transport unit” means a road freight vehicle, a railway freight
wagon, a freight container, a road tank vehicle, a railway wagon or
a portable tank;

“casualty” means a casualty within the meaning of the IMO Code for the
investigation of marine casualties and incidents;

“coastal authority” means–

(a) a person or body who provides a VTS;

(b) a person or body who is responsible for a mandatory reporting
system approved by the IMO; or

(c) a person or body who is responsible for the co-ordination of
search and rescue operations at sea or the co-ordination of
operations to deal with pollution at sea;

“co-operating States” means two or more States of which at least one
shall be an EEA State;

“company” means the owner of the ship or any other organization or
person such as the manager, or the bareboat charterer, who has
assumed the responsibility for operation of the ship from the owner
of the ship and who on assuming such responsibility has agreed to
take over all the duties and responsibilities imposed by the ISM
Code;

“dangerous goods” means–

(a) goods classified as such in the IMDG Code;
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120
(b) dangerous liquid substances listed in Chapter 17 of the IBC
Code;

(c) liquefied gases listed in Chapter 19 of the IGC Code;

(d) solids referred to in Appendix B of the BC Code; and

(e) goods in respect of whose carriage appropriate preconditions
have been imposed in accordance with paragraph 1.1.3 of the
IBC Code or paragraph 1.1.6 of the IGC Code;

“Directive” means Directive 2002/59/EC of the European Parliament and
of the Council establishing a Community vessel traffic monitoring
and information system and repealing Council Directive
93/75/EEC, as the same may be from time to time amended;

“domestic voyage” means a voyage in sea areas from a port of a Member
State to the same or another port within that Member State;

“EEA State” means a Member State, Norway, Iceland or Liechtenstein;

“fishing vessel” means any vessel equipped for commercial exploitation
of living aquatic resources;

“Gibraltar ship” means a ship which is registered in Gibraltar in
accordance with the Gibraltar Merchant Shipping (Registration)
Act 1993;

“IBC Code” means the IMO International Code for the Construction and
Equipment of Ships Carrying Dangerous Chemicals in Bulk, in its
up-to date version that is applicable at the time of reference;

“IGC Code” means the IMO International Code for the Construction and
Equipment of Ships Carrying Liquified Gases in Bulk, in its up-to
date version that is applicable at the time of reference;

“IMDG Code” means the IMO International Maritime Dangerous Goods
Code, in its up-to date version that is applicable at the time of
reference;

“IMO” means the International Maritime Organisation;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 “IMO guidelines” means the Guidelines for Vessel Traffic Services
contained in IMO Resolution A.857 (20) adopted on 27 th

November 1997 as amended;

“IMO guidelines on the fair treatment of seafarers in the event of a
maritime accident” means the guidelines as annexed to resolution
LEG. 3(91) of the IMO Legal Committee of 27 April 2006 and as
approved by the Governing Body of the ILO in its 296th session of
12 to 16 June 2006 in its up-to date version that is applicable at the
time of reference;
“IMO Resolution A.851(20)” means International Maritime Organisation
Resolution 851(20) entitled ‘General principles for ship reporting
systems and ship reporting requirements, including guidelines for
reporting incidents involving dangerous goods, harmful substances
and/or marine pollutants’ in its up-to date version that is applicable
at the time of reference;

“IMO Resolution A.917(22)” means International Maritime Organisation
Resolution 917(22) entitled “Guidelines for the onboard use of
AIS”, as amended by IMO Resolution A.956(23) in its up-to date
version that is applicable at the time of reference;

“IMO Resolution A.949(23)” means International Maritime Organisation
Resolution 949(23) entitled “Guidelines on places of refuge for
ships in need of assistance” in its up-to date version that is
applicable at the time of reference;
“IMO Resolution A.950(23)” means International Maritime Organisation
Resolution 950(23) entitled “Maritime assistance services (MAS)
in its up-to date version that is applicable at the time of reference;

“incident” means any incident on a ship which affects or could affect the
safety of other ships, including, without prejudice to the generality
of the foregoing, a failure or defect which affects or is likely to
affect–

(a) the manoeuvrability or seaworthiness,

(b) the propulsion system,

(c) the steering gear,

(d) the electrical generating system,

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 (e) the navigation equipment, or

(f) the communications system, of the ship;

“INF Code” means the International Code for the Safe Carriage of
Packaged Irradiated Nuclear Fuel, Plutonium and High-Level
Radioactive Wastes on Board Ships, adopted by Resolution MSC.
88(71), in its up-to date version as in force at the time of reference;

“international voyage” means a voyage by sea from a port of a Member
State to a port outside that Member State, or conversely;

“International Convention on Tonnage Measurement of Ships 1969”
means that Convention, in its up-to date version that is applicable
at the time of reference;
“International Convention relating to Intervention on the High Seas in
Cases of Oil Pollution Casualties, 1969 and its 1973 Protocol
relating to Intervention on the High Seas in Cases of Pollution by
Substances other than Oil means that Convention, in its up-to date
version that is applicable at the time of reference;

“ISM Code” means the International Management Code for the Safe
Operation of Ships and for Pollution Prevention adopted by IMO
Resolution A. 741(18) as amended by Resolution MSC. 104(73), in
its up-to date version that is applicable at the time of reference;

“long international voyage” means a voyage by sea from a port in a
country to which the SOLAS Convention applies to a port in
another country or conversely and which is not a short international
voyage;

“LRIT” means a system for the long-range identification and tracking of
ships in accordance with SOLAS regulation V/19-1;

“Maritime Administration” means the Maritime Administrator or any
other qualified officer in his office;

“marine casualty” shall have the meaning assigned to it by regulation 2(1)
of the Gibraltar Merchant Shipping (Accident Reporting and
Investigation) Regulations 2012;

“MARPOL Convention” means the International Convention for the
Prevention of Pollution from Ships 1973 as modified by the
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 Protocol of 1978 relating thereto, in its up-to date version that is
applicable at the time of reference;

“Member State” means any State within the European Union, and a
reference to a Member State shall be deemed to include Gibraltar;

“Minister” has the meaning assigned to it by the Act;

“nautical chart” and “nautical publication” have the same meaning as
they have in Regulation 2 in Chapter V of the Annex to the SOLAS
Convention;

“non-Gibraltar ship” means a ship which is not a Gibraltar ship;

“Operator”, as regards a ship, includes an owner;

“owner”, as regards a ship, means

(a) the owner of the ship;

(b) any other organisation or person such as the manager or the
bareboat charterer who has assumed responsibility for the
operation of the ship from the owner of the ship and who, on
assuming such responsibility has agreed to take over all the
duties and responsibilities imposed by the ISM Code;

“place of refuge” means the part of the Port of Gibraltar or a protective
berth or an anchorage or any other sheltered area within BGTW
identified by the port authority for accommodating ships in distress;

“polluting goods” means–

(a) any oil, oily mixture, oil fuel or crude oil, as defined in Annex I
to the MARPOL Convention;

(b) any noxious liquid substance, as defined in Annex II to the
MARPOL Convention;

(c) any harmful substances, as defined in Annex III to the MARPOL
Convention; or

(d) any marine pollutant identified in the IMDG Code;

“Port of Gibraltar” means–

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 (a) that area of water and the foreshore adjacent thereto as is
commonly known and recognised as the Port, roadstead and
anchorage ground of Gibraltar including Admiralty and Port
Waters as defined from time to time in any relevant legislation;

(b) all that area of land defined as being part of the Port in the Port
Act; and

(c) the area within Gibraltar territorial waters commonly known as
the Eastern Anchorage, within the following co-ordinates:


Position
36 09’.0 N – 005 19’.7 W
“ 36 09’.0 N – 005 17’.5 W “ 36 07’.2 N – 005 17’.5 W “ 36 06’.5 N – 005 19’.7 W

“port authority” means, in the case of Gibraltar, the Gibraltar Port
Authority and in other cases, the relevant port authority designated
by an EEA State to receive and pass on information requested
pursuant to these Regulations;

“recreational craft” means a ship of any type, regardless of the means of
propulsion, which is intended for sports or leisure purposes;

“relevant authority” means, in the case of an accident or incident at sea–

(a) the Captain of the Port, where the accident or incident occurs in
BGTW;

(b) the coastal authority of the EEA State in whose territorial
waters the accident or incident occurred; or

(c) in the case of an incident or accident of a Gibraltar ship outside
the coastal waters of an EEA State, the competent national
authorities in whose territorial waters the incident or accident
occurred.

“ro-ro ferry” means a seagoing passenger vessel with facilities to enable
road or rail vehicles to roll on and roll off the vessel, and carrying
more than 12 passengers.

“rules”, in relation to a VTS, means the most recent rules which have
been–

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 (a) published in a nautical chart or a nautical publication; or

(b) promulgated so that masters of ships ought reasonably to be
aware of them;

“SafeSeaNet” means the Community maritime information exchange
system developed by the European Commission in cooperation
with the Member States to ensure the implementation of
Community legislation;

“SAR Convention” means the Convention defined by section 2 of the
Maritime (Search and Rescue) Act 2005;

“scheduled service” means a series of ship crossings operated so as to
serve traffic between the same two or more ports, either according
to a published timetable or with crossings so regular or frequent
that they constitute a recognisable systematic series;

“ship in need of assistance” means, without prejudice to the provisions of
the SAR Convention concerning the rescue of persons, a ship in a
situation that could give rise to its loss or an environmental or
navigational hazard;

“ship” means a sea-going vessel or craft;

“shipper” means any person by whom or in whose name or on whose
behalf a contract of carriage of goods has been concluded with a
carrier;

“ship’s routing system” means any system of one or more routes or
routing measures aimed at reducing the risk of casualties which
includes traffic separation schemes, two-way routes, recommended
tracks, areas to be avoided, inshore traffic zones, roundabouts,
precautionary areas and deep-water routes;

“short international voyage” means an international voyage–

(a) in the course of which a ship is not more than two hundred
nautical miles from a port or place in which the passengers and
crew could be placed in safety; and

(b) which does not exceed six hundred nautical miles in distance
between the last port of call in the country in which the voyage
begins and the first port of destination;

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1995-13
Subsidiary
2004/120 “SOLAS Convention” means the International Convention for the Safety
of Life at Sea, 1974 as amended by the Protocol of 1988, in its up-
to-date version that is applicable at the time of reference;

“traditional ship” means an historical ship or a replica of an historical
ship operated according to traditional principles of seamanship and
technique, and for the purposes of this definition, a replica of an
historical ship includes such replica designed to encourage and
promote traditional skills and seamanship;

“VDR” means voyage data recorder;

“VTS” means vessel traffic service;

“vessel traffic service” means a service which is designed to improve the
safety and efficiency of vessel traffic and to protect the
environment and which is capable of interacting with that traffic
and responding to traffic situations developing in the VTS area.

(2) The words or expressions which are used in these Regulations but not
defined herein shall have the same meaning as they have in section 2 of the
Act.

Application of these Regulations.

3.(1) Subject to subregulation (2), and unless otherwise stated, these
Regulations, apply to–

(a) all Gibraltar ships; and

(b) all non-Gibraltar ships while they are in BGTW.

(2) These Regulations do not apply to–

(a) ships of less than 300 gross tonnage, unless otherwise stated;

(b) warships, naval auxiliaries and other ships owned or operated
by the Government of an EEA State which are used for non-
commercial public service;

(c) the following vessels having a length of less than 45 metres–

(i) fishing vessels;

(ii) traditional ships; and
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
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1995-13
Subsidiary
2004/120
(iii) recreational craft.

(d) revoked

(e) revoked

(3) In relation to a ship, these Regulations do not apply to–

(a) bunkers of less than 1000 gross tonnage; and

(b) the stores and the equipment,

for use on board that ship.

(4) For the purposes of regulation 12, in relation to a ship, bunkers of less
than 1000 gross tonnage for use on board that ship shall not be regarded as
dangerous or polluting goods.

(5) In this regulation, “length”, in relation to a recreational craft, means
either–

(a) 96% of the total length of the craft on a waterline at 85% of the
least moulded depth measured from the keel line; or

(b) the length from the foreside of the stem to the axis of the
rudder stock on that waterline,

whichever is the greater, and where the craft in question is designed with
rake of keel, the waterline on which the lengths referred to in (a) and (b) are
measured shall be parallel to the designed waterline.
PART II
SHIP REPORTING AND MONITORING.

Competent authority.

4.(1) For the purposes of these Regulations–

(a) as regards Gibraltar, the competent authority shall be the port
authority; and

(b) as regards an EEA State, the competent authority shall be the
authority designated as such by the EEA State in question in
accordance with Article 22 of the Directive.

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
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1995-13
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2004/120 (2) The competent authority shall monitor and take all necessary and
appropriate measures to ensure that the masters, operators or agents of ships,
as well as shippers or owners of dangerous or polluting goods carried on
board such ships, comply with the requirements of Parts II, III, IV and V of
these Regulations.

Notification prior to entry into port.

5.(1) This regulation applies to–

(a) a Gibraltar ship bound for a port located in an EEA State; and

(b) a non-Gibraltar ship bound for the Port of Gibraltar.

(2) The operator, agent or master of a ship referred to in subregulation (1)
shall notify the port authority of the port to which the ship in question is
bound the information specified in subregulation (3) and in accordance with
subregulation (4).

(3) The information referred to in subregulation (2) is–

(a) the name, the call sign, the IMO identification number or the
maritime mobile service identity number of the ship;

(b) the port of destination;

(c) the estimated time of arrival at the port of destination, or if
required by the authority of the port in question, the pilot
station for that port;

(d) the estimated time of departure from the port of destination
referred to in paragraph (c);

(e) the total number of persons on board the ship.

(4) The information shall be notified–

(a) if it is known to which port the ship is bound, at least 24 hours
before the arrival of the ship;

(b) if the duration of the voyage is less than 24 hours, no later than
the time of departure from the previous port; or

(c) if it is not known to which port the ship is bound until less than
24 hours before the arrival of the ship at the port in question, as
Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
REGULATIONS 2004
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1995-13
Subsidiary
2004/120 soon as possible after it becomes known that the ship is bound
for that port.

(5) Where information has been notified in accordance with subregulation
(2), the master of the ship in question shall notify immediately the
authorities of the port to which the ship is bound of any changes to that
information as far as it is available.

Mandatory ship reporting system.

6.(1). The port authority shall monitor and take all necessary and appropriate
measures to ensure that all ships entering the area of a Gibraltar mandatory
ship reporting system, adopted by the IMO and operated by Gibraltar in
accordance with the relevant guidelines and criteria developed by the IMO,
comply with that system in reporting information required without prejudice
to additional information by the competent authority in accordance with
IMO Resolution A. 851(20).

(2) A Gibraltar mandatory ship reporting system referred to in
subregulation (1), shall follow–

(a) the guidelines and criteria developed by the IMO by resolution
MSC.43(64) as amended by resolution MSC.111(73); and

(b) the general principles adopted by the IMO by resolution
A.851(20).

(3) The Government shall, when submitting a new mandatory ship
reporting system to the IMO for adoption, include in its proposal a
requirement that a ship provides at least the following information–

(a) the name, the call sign, the IMO identification number or the
maritime mobile service identity number of the ship;

(b) the date and time,

(c) the position in latitude and longitude or true bearing and
distance in nautical miles from a clearly identified landmark,

(d) the course,

(e) the speed,

(f) the port destination and estimated time of arrival,

Gibraltar Merchant Shipping (Safety, etc.) GIBRALTAR MERCHANT SHIPPING (COMMUNITY VESSEL
TRAFFIC MONITORING AND INFORMATION SYSTEM)
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2004/120 (g) the cargo and, if dangerous goods are present on board, their
quantity and IMO class,

(h) the address for the communication of cargo information,

(i) the total number of persons on board, and

(j) other information including–

(i) the characteristics and estimated quantity of bunker fuel,
for ships of more than 1 000 gross tonnage; and

(ii) the navigational status.

(4) The port authority may, after a Gibraltar mandatory ship reporting
system has been adopted and established, amend an existing reporting
system following the same procedure set out in subregulations (2) and (3).

Use of ships’ routing system.

7.(1). The port authority shall monitor and take all necessary and appropriate
measures to ensure that all ships entering the area of a Gibraltar mandatory
ships’ routing system, adopted by the IMO and operated by Gibraltar, use
that system in accordance with the relevant guidelines and criteria developed
by the IMO.

(2) A ships’ routing system established by Gibraltar and not adopted by the
IMO, shall follow the general provisions, guidelines and criteria developed
by the IMO by Resolution A. 572(14) as amended and the port authority
shall set out its requirements for the information necessary for the efficient
and effective use of that system.

Vessel traffic services within territorial seas.

8.(1) The master of a Gibraltar ship shall ensure that, when the ship enters
an area in respect of which a VTS is operated in accordance with the IMO
guidelines by-

(a) an EEA State within the territorial sea of that EEA State; or

(b) co-operating States within the territorial seas of those co-
operating States,

the ship shall participate in, and comply with, the rules of that VTS.

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2004/120 (2) The master of a non-Gibraltar ship shall ensure that, when the ship
enters an area within BGTW in respect of which a VTS is operated in
accordance with IMO guidelines, the ship shall participate in, and comply
with, the rules of that VTS.

Vessel traffic services outside territorial seas.

9.(1) The master of a Gibraltar ship which is bound for a port of an EEA
State shall ensure that, when the ship enters an area, in respect of which is
operated a VTS outside the territorial sea of an EEA State and that VTS is
operated in accordance with the IMO guidelines by–

(a) an EEA State; or

(b) co-operating States,
the ship shall participate in, and comply with, the rules of that VTS.

(2) The master of a non-Gibraltar ship which is not bound for the Port of
Gibraltar shall ensure that, when the ship enters a VTS area outside BGTW
and that VTS is operated in accordance with the IMO guidelines by–

(a) Gibraltar; or

(b) two or more States or territories one of which is Gibraltar,

the ship shall follow the rules of that VTS whenever possible.

(3) If the Maritime Administration is of the opinion that a non-Gibraltar
ship has failed substantially to comply with sub-regulation (2), he must
report that failure to the Administration of the flag State of the ship in
question.

Requirements to use Automatic Identification Systems.

10.(1) Every passenger ship, irrespective of its size, and all other ships,
other than passenger ships, of 300 gross tonnage and upwards engaged on
international voyages, which call at the Port of Gibraltar shall be fitted with
an automatic identification system (AIS) in accordance with the technical
and performance standards laid down in Chapter V of SOLAS.

(2) Every passenger ship, irrespective of its size, and all other ships of
300 gross tonnage and upwards engaged on a domestic voyage shall be
fitted with an automatic identification system (AIS) which complies with the
technical and performance standards laid down in Chapter V of SOLAS.

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2004/120 (3) The Minister, after consulting the Captain of the Port, may exempt–

(a) passenger ships below 15 metres in length or 300 gross tonnage
engaged on domestic voyages from the application of the
requirements concerning AIS laid down in this regulation; and

(b) ships, other than passenger ships, of 300 gross tonnage and
upwards but less than 500 gross tonnage sailing exclusively
within BGTW and outside routes normally used by other ships
fitted with AIS, from the carriage requirements for AIS laid
down in this regulation.

Use of automatic identification systems (AIS) by fishing vessels.

10A.(1) Every fishing vessel with an overall length of more than 15 metres
that–

(a) flies the flag of Gibraltar and is registered in Gibraltar;

(b) operates in BGTW; or

(c) lands its catch in the port of Gibraltar,
shall, in accordance with the timetable set out in Part 3 of Schedule 1, be
fitted with an AIS (Class A) which meets the performance standards drawn
up by the IMO.

(2) Every fishing vessel equipped with AIS shall maintain it in operation
at all times but, in exceptional circumstances, AIS may be switched off
where the master considers this necessary in the interest of the safety or
security of his vessel.

Use of systems for the long-range identification and tracking of ships
(LRIT).

10B.(1) Ships to which SOLAS regulation V/19-1 and the performance
standards and functional requirements adopted by the IMO apply shall carry
LRIT equipment complying with that regulation, when calling at the port of
Gibraltar.

(2) The Maritime Administration must cooperate with the European
Commission to determine the requirements concerning the fitting of
equipment for transmitting LRIT information on board ships sailing in
BGTW within the coverage of AIS fixed-based, and shall submit to the IMO
any appropriate measures.
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Voyage Data Recorder (VDR) systems.

11.(1) Every passenger ship, irrespective of its size, and all other ships
other than passenger ships, of 3 000 gross tonnage and upwards engaged on
international voyages, which call at the Port of Gibraltar shall be fitted with
a voyage data recorder (VDR) in accordance with the technical and
performance standards laid down in Chapter V of SOLAS.

(2) In case of cargo ships constructed before 1 July 2002, the VDR may
be a simplified voyage data recorder (S-VDR), which shall comply with the
technical and performance standards developed in accordance with Chapter
V of SOLAS.

(3) Every passenger ship, irrespective of its size, and ships other than
passenger ships, of 3 000 gross tonnage and upwards and constructed on or
after 1 July 2002 engaged on a domestic voyage shall be fitted with a voyage
data recorder (VDR) which complies with the technical and performance
standards developed in accordance with Chapter V of SOLAS.

(4) Every cargo ship of 3 000 gross tonnage and upwards constructed
before 1 July 2002 engaged on a domestic voyage shall be fitted with a
voyage data recorder (VDR) or with a simplified voyage data recorder (S-
VDR) which complies with the technical and performance standards
developed in accordance with Chapter V of SOLAS.

(5) The Maritime Administration may grant exemptions to−

(a) passenger ships only on voyages in sea areas other than those
covered by Class A, as referred to in regulation 4 of the
Gibraltar Merchant Shipping (Safety Rules and Standards for
Passenger Ships on Domestic Voyages) Regulations 2011,
from the requirement to be fitted with a VDR;

(b) ships, other than ro-ro passenger ships, constructed before 1
July 2002 from the requirement to be fitted with a VDR where
it can be demonstrated that interfacing a VDR with the existing
equipment on the ship is unreasonable and impracticable; and

(c) cargo ships constructed before 1 July 2002, engaged on
international or domestic voyages, from the requirement to be
fitted with an S-VDR if such ships are to be taken permanently
out of service within two years of the implementation date
specified in Chapter V of SOLAS.

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2004/120 (6) The Maritime Administration must not grant an exemption to ships
referred to in sub-regulation (5) unless he has consulted the Captain of the
Port in the case of domestic voyages of the ship concerned.

PART III
NOTIFICATION OF DANGEROUS OR POLLUTING GOODS.

Notification by ships carrying dangerous or polluting goods.

12.(1) This regulation applies to ships, regardless of their size, carrying–

(a) dangerous goods; or

(b) polluting goods.

(2) Subject to regulation 13(1), before a ship departs from the Port of
Gibraltar, the operator, agent or master of that ship shall notify the port
authority of the information specified in Schedule 2.

(3) Subject to regulation 13(5), before a Gibraltar ship departs from a port
located in an EEA State, other than the Port of Gibraltar, the operator, agent
or master of that Gibraltar ship shall notify the competent authority of the
State in which that port is situated of the information specified in Schedule
2.

(4) Subject to regulation 13(5), where a Gibraltar ship–

(a) is coming from a port which is not located in an EEA State;
and

(b) is bound for–

(i) a port located in, or

(ii) an anchorage located in the territorial waters of,

an EEA State other than Gibraltar,
the operator, master or agent of that ship shall notify the competent authority
of the EEA State in question of the information specified in Schedule 2 not
later than the time set out in subregulation (6).

(5) Subject to regulation 13(5), where a ship is–

(a) coming from a port which is not located in an EEA State; and

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2004/120 (b) bound for the Port of Gibraltar or an anchorage located in
BGTW,

the operator, master or agent of that ship shall notify the port authority of the
information specified in Schedule 2 not later than the time set out in
subregulation (6).

(6) The time referred to in subregulations (4) and (5) is–

(a) where–

(i) the port of destination, or

(ii) the location of the anchorage,

is known at the time of departure from the port at which the dangerous
goods or the polluting goods were loaded, no later than the time of departure
from that port; or

(b) where–

(i) the port of destination, or

(ii) the location of the anchorage,

is not known at the time of departure from the port at which the dangerous
goods or the polluting goods were loaded, the time immediately such port or
such location is known.

(7) Whenever practicable, the information referred to in Schedule 2 shall
be notified to the port authority by electronic means.

(8) When the Gibraltar port authority receives information pursuant to
subregulations (2) and (5), that port authority shall–

(a) retain that information for as long as the information may be
required for use in the event of an incident or accident at sea;
and

(b) provide that information to the Administration at the request of
another Administration for the same purpose as in paragraph
(a).

(9) Where any information has been notified in accordance with this
regulation, regulation 5(2), 6 or 14(1), the master of the ship in question
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2004/120 shall notify immediately the person to whom that information was notified
of any changes to that information.

(10) The operator, agent or master of a ship shall notify the port authority
immediately if the estimated time of arrival changes by more than 12 hours,
or if any of the other information set out in Schedule 2 alters significantly.

Exemptions.

13.(1) Subject to the conditions specified in subregulations (2) and (3), the
Maritime Administration may grant an exemption in respect of a scheduled
service performed within Gibraltar so that regulations 5 and 12 shall not
apply to the operator, agent or master of a ship engaged in the scheduled
service.

(2) The conditions referred to subregulation (1) are that the company
who operates the scheduled service shall−

(a) maintain and keep up to date a list of the ships engaged on that
scheduled service;

(b) send that list to the Maritime Administration;

(c) ensure that, in respect of each voyage made by a ship whilst
engaged on the scheduled service, the information specified in
regulation 5(3) or Schedule 2, as appropriate, is kept so that it
can be provided at any time, 24 hours a day, by electronic
means to the port authority immediately upon request; and

(d) in the event of any deviations from the estimated time of arrival
at the port of destination or pilot station of three hours or more
are notified to the port of arrival or to the Maritime
Administration in accordance with regulation 5 or 12, as
appropriate.

(3) The exemptions under this regulation must be granted only to an
individual ship as regards a specific service.

(4) For the purposes of subregulation (1), the service shall not be
regarded as a scheduled service unless it is intended to be operated for a
minimum of one month.

(5) Exemptions from the requirements of regulations 5 and 12 shall be
limited to voyages of a scheduled duration of up to 12 hours.

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2004/120 (6) An exemption granted under subregulation (1), and any revocation
thereof, shall be in writing.

(7) The Maritime Administration shall−
(a) periodically check that the conditions set out in this regulation
are being met; and

(b) immediately revoke an exemption granted under subregulation
(1) if it is satisfied that any condition contained in
subregulations (2) and (3) is not complied with.

(8) When an international scheduled service is operated between
Gibraltar and one or more States of which at least one is a Member State,
the Maritime Administration may request the other Member States to grant
an exemption for that service and shall cooperate with the other Member
State if a similar request is made.

(9) The Maritime Administration shall cause a list of companies and
ships granted exemption under this regulation to be communicated to the
European Commission, as well as any updates to that list.

Information requirements concerning the transport of dangerous
goods.

14.(1) No person shall offer for carriage or to take on board any ship,
irrespective of its size, any dangerous or polluting goods in the port of
Gibraltar unless a declaration has been delivered to the master or operator
before the goods are taken on board which must contain the following
information−

(a) the information listed in subregulation (3);

(b) for the substances referred to in Annex I to the MARPOL
Convention, the safety data sheet detailing the physico-
chemical characteristics of the products, including, where
applicable, their viscosity expressed in cSt at 50 °C and their
density at 15 °C and the other data contained in the safety data
sheet in accordance with IMO Resolution MSC.286 (86); and

(c) the emergency numbers of the shipper or any other person or
body in possession of information on the physico-chemical
characteristics of the products and on the action to be taken in
an emergency.

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2004/120 (2) Every ship that comes from a port outside the European Union and
calls at the port of Gibraltar which has dangerous or polluting goods on
board shall be in possession of a declaration, as provided for by the shipper,
containing the information required under paragraphs (a), (b) and (c) of
subregulation (1).

(3) The following information is required to be contained in a
declaration pursuant to subregulation (1)–

(a) the correct technical names of the dangerous or polluting
goods;

(b) the United Nations (UN) numbers where they exist;

(c) the IMO hazard classes in accordance with the IMDG, IBC and
IGC Codes;

(d) where appropriate, the class of the ship needed for INF cargoes
as defined in Regulation VII/14.2 of the SOLAS Convention,
the quantities of such goods and, if they are being carried in
cargo transport units other than tanks, the identification number
thereof; and

(e) the address from which detailed information on the cargo may
be obtained.
(4) The shipper shall–
(a) deliver the declaration referred to in subregulation (2) to the
master or operator; and

(b) ensure that the shipment offered for carriage is indeed the one
declared in accordance with subregulation (1).


PART IV
INCIDENTS AND ACCIDENTS AT SEA.

Reporting of incidents and accidents at sea.

15.(1) When a ship in BGTW is involved in–

(a) an accident,

(b) an incident or
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(c) a pollution event likely to result in the pollution of BGTW,

the master of that ship shall immediately send to the Maritime
Administration and the port authority, by the quickest means available the
information specified in subregulation (3).

(2) Where a slick of polluting goods or containers or packages drifting at
sea are seen from a ship in BGTW, the master of that ship shall immediately
send to the port authority by the quickest means available–

(a) the details of the sighting;

(b) the information specified in subregulation (3)(a) and (b); and

(b) any other relevant information referred to in IMO Resolution
A.851(20) adopted by the Assembly of the IMO on 27 th

November 1997 as amended.

(3) The information referred to in subregulation (1) shall comprise–

(a) the identity of the ship;

(b) the position of the ship;

(c) the last port from which the ship departed;

(d) the next port of call;

(e) the number of people on board the ship;

(f) the date on which, and the time at which, the accident, the
incident or the polluting event occurred;

(g) details of the accident, the incident or the polluting event;

(h) the name of the body or person from whom information
regarding any dangerous goods or polluting goods on board the
ship may be obtained together with the necessary information
to enable that person or body to be contacted; and

(i) any other relevant information contained in IMO Resolution
A.851(20) as amended.

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2004/120 (4) The master shall also ensure that a report referred to in subregulation
(1) shall comply as to form and content with the standard reporting
requirements.

(5) When a Gibraltar ship is involved in–

(a) an accident;

(b) an incident; or

(c) a pollution event,

outside BGTW, the master of that ship shall report without delay the
particulars of the accident, incident or pollution event, to the fullest extent
possible together with the information specified in subregulation (9) in the
manner described in subregulation (6).

(6) A report referred to in subregulation (5)–

(a) shall be sent,

(i) where the accident, incident or pollution event is a threat
to the coastline or to the interests of Gibraltar, to the
Maritime Administration,

(ii) where the accident, incident or pollution event is a threat
to the coastline or to a related interest, of another State,
to the relevant Administration of the State in question;
and

(b) as to form and content, shall comply with the standard reporting
requirements.

(7) When a ship is involved in a discharge, or a probable discharge, of
dangerous packaged goods, the master of that ship shall report without delay
the particulars of the discharge or probable discharge to the fullest extent
possible together with the information specified in subregulation (9) in the
manner described in subregulation (8).

(8) A report referred to in subregulation (7)–

(a) shall be sent,

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2004/120 (i) where the accident, incident or pollution event is a threat
to the coastline or to the interests of Gibraltar, to the
Maritime Administration and the Captain of the Port,

(ii) where the accident, incident or pollution event is a threat
to the coastline or to a related interest, of another State,
to the relevant Administration of the State in question;
and

(c) as to form and content, shall comply with the standard
reporting requirements.

(9) The information referred to in subregulations (5) and (7) shall
comprise–

(a) the identity of the ship;

(b) the time and location of the incident;

(c) the quantity and type of dangerous goods involved; and

(d) details of assistance and salvage measures.

(10) In this regulation–

(a) “dangerous packaged goods” means dangerous goods in
packaged form including those in freight containers, portable
tanks, road and rail vehicles and shipborne barges;

(b) “pollution event” means a discharge, or the threat of a
discharge, of polluting goods into the sea; and

(c) “the standard reporting requirements” means the requirements
stated in-

(i) part 2 (Standard Reporting Format and Procedures), or

(ii) sections 3.1, 3.2 and 3.3 of part 3 (Guidelines for
Detailed Reporting Requirements),

of the Appendix to the Annex to Resolution A.851(20) adopted by the
Assembly of the IMO on 27th November 1997 as amended.

Measures to be taken in the event of exceptionally bad weather or sea
conditions.
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16.(1) This regulation applies whenever, in the event of exceptionally bad
weather or sea conditions, the port authority is of the opinion, based on
meteorological information provided to it, that there is-

(a) a serious threat of pollution in BGTW or the shipping areas or
coastal zones of other States; or

(c) a risk to human life.

(2) Whenever possible, the port authority shall provide to the master of
every ship which intends to enter or leave the Port of Gibraltar full details
of–
(a) the weather conditions;

(b) the sea state; and

(c) the danger such weather and sea conditions may cause to-

(i) the ship;

(ii) the crews and passengers; and

(ii) the cargo on board the ship.

(3) Without prejudice to any measures which may be taken to give
assistance to ships in distress, the port authority may give a recommendation
described in subregulation (4) to the master of a ship in general or to a
particular ship in, or about to enter, a relevant area.

(4) The recommendation referred to in subregulation (3) is a
recommendation that the ship–

(a) should enter or leave the Port of Gibraltar;

(b) should not enter or leave the Port of Gibraltar;

(c) should not be bunkered in BGTW;

(d) should only be bunkered in BGTW subject to certain
conditions,

until the port authority is of the opinion that there is no longer a serious
threat of pollution or a risk to human life as described in subregulation (1).

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2004/120 (5) If the master of a ship is informed of an opinion pursuant to
subregulation (4)(c) or (4)(d), the master shall ensure that the ship is not
bunkered or that the conditions subject to which the ship should be
bunkered are complied with.

(6) A recommendation or an opinion given pursuant to this regulation–

(a) shall be given to the master of the ship in question by the
quickest means available; and

(b) if not given in writing, shall be confirmed in writing as soon as
is reasonably practicable.

(7) Where the port authority gives a recommendation or an opinion
pursuant to this regulation, the master of the ship in question shall
immediately inform the owner of that ship by the quickest means available
of the recommendation or the opinion.

(8) If, as a result of the exercise of his professional judgement, the master
decides not to act in accordance with a recommendation given pursuant to
this regulation, the master shall inform the port authority of the reasons for
his decision.

(9) In this regulation, “professional judgement” means professional
judgement as regards matters relating to safe navigation or the protection of
the marine environment.

Measures in the event of risks posed by the presence of ice.

16A.(1) Where the Captain of the Port considers, in view of ice conditions,
that there is a serious threat to the safety of human life at sea or to the
protection of the shipping areas or coastal zone of Gibraltar, or of the
shipping areas or coastal zones of other States, it−
(a) shall supply the master of the ship which is in its area of
competence, or intends to enter or leave the port, with
appropriate information on the ice conditions, the
recommended routes and the icebreaking services in its area of
competence; and

(b) may, without prejudice to the duty of assistance to ships in
need of assistance and other obligations flowing from relevant
international rules, request that the ship which is in the area
concerned and intends to enter or leave the port or terminal or
to leave an anchorage area document that it satisfies the
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2004/120 strength and power requirements commensurate with the ice
situation in the area concerned.

(2) The measures taken under subregulation (1) shall be based, as
regards the data concerning the ice conditions, upon ice and weather
forecasts provided by a qualified meteorological information service
recognised by the Captain of the Port.

Measures to be taken in the event of incidents or accidents at sea.

17.(1) A master of a ship to whom these Regulations apply shall inform the
company which operates the ship in question by the quickest means
available of any accident or incident at sea in which the ship is involved or
which affects the ship as soon as possible after the accident or incident
occurs.

(2) The company shall, as soon as it has been informed of the incident or
accident referred to in sub-regulation (1), contact the competent coastal
authority and place itself at its disposal as necessary.

(3) If the port authority considers, following a report pursuant to
regulation 15(1) from the master of a ship which is involved in an incident
or accident at sea, that it is necessary to avert, lessen or remove a serious
and imminent threat to BGTW or Gibraltar’s related interests, the safety of
other ships and their crews and passengers or of persons on shore or to
protect the marine environment, the port authority may, in addition to other
measures–

(a) restrict the movement of the ship or direct the ship to follow a
specific course (but this requirement does not affect the master's
responsibility for the safe handling of his ship);

(b) give official notice to the master of the ship to put an end to the
threat to the environment or maritime safety;

(c) send an evaluation team on board the ship to assess the degree of
risk, help the master to remedy the situation and keep the
competent coastal station informed thereof; and

(d) instruct the master to put in at a place of refuge in the event of
imminent peril, or cause the ship to be piloted or towed.

(3A) In the case of a ship which is towed under a towage or salvage
agreement, the measures taken by the port authority under paragraphs (a)
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2004/120 and (d) of sub-regulation (3) may also be addressed to the assistance,
salvage and towage companies involved.

(4) Where a ship is involved in an incident or accident at sea, the
operator, the master of the ship and the owner of the dangerous or polluting
goods carried on board shall, if requested by the port authority, cooperate
fully with the port authority in order to minimise the consequences of the
incident or accident at sea and to this end they shall communicate to the port
authority, on request, the information referred to in regulation 14.

(5) The Maritime Administration shall take into account the relevant
provisions of the IMO guidelines on the fair treatment of seafarers in the
event of a maritime accident in BGTW.

Obligations of owners in relation to accidents and incidents.

18.(1) When the owner of a ship is informed by the master of the ship of an
accident or incident at sea in the Port of Gibraltar or elsewhere in the case of
a Gibraltar registered ship, either in accordance with the ISM Code or in
accordance with regulation 17(2) that owner–

(a) shall inform the Maritime Administration in accordance with
the Gibraltar Merchant Shipping (Accident Reporting and
Investigation) Regulations 2012 and the relevant authority
immediately of the accident or incident; and

(b) shall give such assistance as may be reasonably required by the
relevant authority.

(2) Where a ship, to which the provisions of the ISM Code are applicable,
is involved in an incident or accident at sea, the master of that ship shall, in
accordance with the ISM Code, inform the company of that incident or
accident and the company shall, as soon as it has been informed of the
incident or accident, contact the relevant authority and place itself at its
disposal as necessary.

(3) Where it appears to the port authority that the company notified
pursuant to subregulation (2) has not been able to establish and maintain a
link with the ship or the relevant authority, it shall then inform the Maritime
Administration or the Administration concerned which issued the ISM
document of compliance and associated safety management certificate, or on
whose behalf it was issued.

Competent authority for the accommodation of ships in need of
assistance.
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18A.(1) The Minister is designated the competent authority for the purposes
of taking independent decisions on his own initiative concerning the
accommodation of ships in need of assistance.

(2) The authority referred to in subregulation (1)−

(a) may, as appropriate and in particular in the event of a threat to
maritime safety and protection of the environment, take any of
the measures included in the non-exhaustive list set out in
regulation 17(3); and

(b) shall meet regularly with the port authority to exchange
expertise and improve measures taken pursuant to this
regulation.

Plans for the accommodation of ships in need of assistance.

18B.(1) The port authority shall draw up plans for the accommodation of
ships in order to respond to threats presented by ships in need of assistance
in BGTW, including, where applicable, threats to human life and the
environment and the Minister shall participate in drawing up and carrying
out those plans.

(2) The plans referred to in subregulation (1) shall be prepared after
consultation of the parties concerned, on the basis of IMO Resolutions
A.949(23) and A.950(23), and shall contain at least the following−
(a) the identity of the person or authority responsible for receiving
and handling alerts;

(b) the identity of the competent authority for assessing the
situation and taking a decision on acceptance or refusal of a
ship in need of assistance in the place of refuge selected;

(c) information on the coastline of Gibraltar and all elements
facilitating a prior assessment and rapid decision regarding the
place of refuge for a ship, including a description of
environmental, economic and social factors and natural
conditions;

(d) the assessment procedures for acceptance or refusal of a ship in
need of assistance in a place of refuge;

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2004/120 (e) the resources and installations suitable for assistance, rescue
and combating pollution;

(f) procedures for international coordination and decision-making;
and

(g) the financial guarantee and liability procedures in place for
ships accommodated in a place of refuge.

(3) The Government shall−

(a) publish the name and contact address of−

(i) the authority referred to in subregulation 18A(1); and

(ii) the person or the authority for receiving and handling
alerts; and

(b) communicate on request the relevant information concerning
plans to neighbouring Member States.

(4) In implementing the procedures provided for in the plans for
accommodating ships in need of assistance, the Government shall ensure
that relevant information is made available to the parties involved in the
operations.

(5) Where a person in Gibraltar receives from a Member State that
Member State’s information in relation to the matters referred to in
subregulations (3)(b) and (4), that person shall be bound by an obligation of
confidentiality where the Member State providing the information so
requests.

(6) The Government shall ensure that the European Commission is
informed of the measures taken in application of this regulation.

Decision on the accommodation of ships.

18C. The authority referred to in subregulation 18A(1) shall–

(a) decide on the acceptance of a ship in a place of refuge
following a prior assessment of the situation carried out on the
basis of the plans referred to in regulation 18B; and

(b) ensure that ships are admitted to a place of refuge if it
considers such an accommodation the best course of action for
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2004/120 the purposes of the protection of human life or the
environment.

Financial security and compensation.

18D.(1) The absence of an insurance certificate (within the meaning of
Article 6 of Directive 2009/20/EC of the European Parliament and of the
Council of 23 April 2009 on the insurance of shipowners for maritime
claims)−

(a) shall not exonerate the Government from the preliminary
assessment and decision referred to in regulation 18C;

(b) shall not in itself be considered sufficient reason for it to refuse
to accommodate a ship in a place of refuge.

(2) Without prejudice to subregulation (1), when accommodating a ship
in a place of refuge, the Government may request the ship’s operator, agent
or master to present the insurance certificate referred to in subregulation (1).

(3) The act of requesting the certificate under subregulation (2) shall not
lead to a delay in accommodating the ship.

Marine casualty investigation.

19.(1) The company and the master of a ship involved in any marine
casualty in BGTW or at sea after sailing from Gibraltar and prior to reaching
a port of another EEA State shall notify the Maritime Administration in
Gibraltar as soon as possible of the nature and extent of the marine casualty,
in accordance with the Gibraltar Merchant Shipping (Accident Reporting
and Investigation) Regulations 2012.

(2) An investigation into an accident shall be conducted in accordance
with the provisions of the Gibraltar Merchant Shipping (Accident Reporting
and Investigation) Regulations 2012.


PART V
USE OF INFORMATION.

Broadcasting and supply of information.

20.(1) The port authority shall, as necessary, broadcast within the relevant
areas an incident or accident which has been notified pursuant to regulation
15(1) and information with regard to any ship that poses a threat to maritime
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2004/120 safety, the safety of individuals or the environment.

(2) The port authority shall make adequate arrangements to provide the
information which has been notified to it pursuant to regulations 12 and 15
at any time upon request for safety reasons by the competent authority of
another EEA State.

(3) The port authority shall take appropriate measures as soon as possible
to inform any EEA State of facts which it received pursuant to regulations
12 and 15 or in some other way if those facts involve or increase the risk for
that EEA State of a hazard being posed to certain shipping areas and coastal
zones and arrange for consulting the EEA State regarding the action being
envisaged.

(4) The Port authority shall make the necessary arrangements to use fully
the reports which ships are required to transmit to it pursuant to regulation
15.

Transmission of information concerning hazardous ships.

21.(1) A ship shall be considered to be a hazardous ship that poses a
potential hazard to shipping or a threat to maritime safety, the safety of
individuals or the environment if that ship -

(a) in the course of its voyage–

(i) has been involved in an incident or accident at sea as
referred to in regulation 15;

(ii) has failed to comply with the notification and reporting
requirements imposed by these Regulations; or

(iii) has failed to comply with the applicable rules in ships’
routing system and VTS–
(A) pursuant to regulations 7, 8 and 9; and

(B) placed under the responsibility of a Member
State;

(b) in respect of which there is proof or presumptive evidence of
deliberate discharges of oil or other infringements of the
MARPOL Convention in waters under the jurisdiction of an
EEA State; and

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2004/120 (c) has been refused access to the Port of Gibraltar or has been the
subject of a report or notification by the Maritime
Administration in accordance with the Gibraltar Merchant
Shipping (Port State Control) Regulations, 2011;

(d) has failed to notify, or does not have, insurance certificates or
financial guarantees pursuant to any Community legislation and
international rules; and

(e) has been reported by the pilot or port authority as having
apparent anomalies which may prejudice its safe navigation or
create a risk for the environment.

(2) The port authority shall communicate the relevant information on any
hazardous ship as described in subregulation (1) to the relevant authorities
concerned in other EEA States located along the planned route of the ship
and without delay, inform the flag State and any other State concerned of
measures taken pursuant to regulation 17, 26(2) or this regulation.

Confidentiality of information.

22.(1) No authority or member of staff of an authority shall disclose any
information which has been obtained by, or furnished to, that authority or
member of staff under or for the purposes of the Directive and these
Regulations unless the disclosure is made with lawful justification.

(2) For the purposes of subregulation (1), a disclosure of information is
made with lawful justification only if, and to the extent that–

(a) the disclosure is made for the purposes of, and is necessary for,
the performance of any obligation under the Directive and these
Regulations;

(b) the disclosure is made with the consent of the person to whom,
or to whose business, property or other assets, the information
relates;

(d) the disclosure is made for the purposes of any proceedings,
whether criminal or civil; or

(a) having regard to the rights and freedoms or legitimate interests of
any person, the disclosure is necessary in the public interest.

(3) Subregulation (1) shall not apply in the case of information
contained in an historical record.
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(4) Where records created at different dates are for administrative
purposes kept together in one file or other assembly, all the records in that
file or other assembly are to be treated for the purposes of this regulation as
having been created when the latest of those records was created.

(5) For the purposes of this regulation “year” means a calendar year.

Gibraltar’s communication system.

22A.(1) The Government shall set up a communication system and shall
cooperate with the Member States to ensure the interconnection and
interoperability to manage the information required to be notified under
these Regulations.

(2) The communication system referred to in subregulation (1) must
display the following features−

(a) data exchange must be electronic and enable messages notified
under regulation 12 to be received and processed;

(b) the system must allow information to be transmitted 24 hours
a day; and

(c) upon request, through SafeSeaNet, and if needed for the
purpose of maritime safety or security or the protection of the
maritime environment, the Captain of the Port shall be able to
send information on the ship and the dangerous or polluting
goods on board to the port authority and the competent
authority of a Member State without delay.

SafeSeaNet.

22B.(1) The Government shall establish maritime information management
systems to process the information referred to in these Regulations.

(2) The systems set up under subregulation (1) shall−

(a) allow the information gathered to be used operationally; and

(b) satisfy, in particular, the conditions laid down in regulation
22A.

(3) The Government shall, in order to guarantee an effective exchange
of the information referred to in these Regulations, ensure that
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2004/120 communication systems set up to gather, process and preserve that
information can be interconnected with SafeSeaNet.

(4) Without prejudice to subregulation (3), the Government shall, if
operating under any intra-Community agreements or in the framework of
cross-border interregional or transnational projects within the Community,
ensure that information systems or networks−

(a) comply with the requirements of these Regulations; and

(b) are compatible with and connected to SafeSeaNet.

SafeSeaNet systems.

22C.(1) The Government shall establish and maintain a SafeSeaNet system
for Gibraltar that must allow for the exchange of information between
authorised users under the responsibility of the competent authority
designated by regulation 4.

(2) The competent authority shall be responsible for the management of
the SafeSeaNet system established under sub-regulation (1) which must-
(a) include the coordination of data users and data providers; and

(b) ensure that UN LOCODES are designated and that the
necessary IT infrastructure and the procedures described in the
IFCD referred to in point 2.3 of Annex III of the Directive are
established and maintained.

(3) The SafeSeaNet system established under sub-regulation (1) –

(a) must enable the inter-connection of users authorised under the
responsibility of the competent authority; and

(b) may be made accessible to identified shipping actors, such as
shipowners, agents, masters, shippers and others, when
authorised by the competent authority, in particular in order to
facilitate the electronic submission and reception of reports in
accordance with any European Union legislation.

(4) The SafeSeaNet system shall –
(a) use industry standards;

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2004/120 (b) be able to interact with public and private systems used to
create; and

(c) provide or receive information within SafeSeaNet.
(5) The competent authority must cooperate with the European
Commission to examine the feasibility and development of functionalities
that as far as possible will ensure that the data providers, including masters,
owners, agents, operators, shippers and relevant authorities, need to submit
information only once, taking due account of the obligations set out by the
Gibraltar Merchant Shipping (Reporting Formalities for Ships) Regulations
2012 and other relevant European Union legislation.

(6) The competent authority shall ensure that the information submitted
under sub-regulation (5) is available for use in all relevant reporting,
notification, information sharing and VTMIS systems.

(7) The Government shall develop and maintain the necessary interfaces
for automatic transmission of data by electronic means to SafeSeaNet.

(8) The operation of the SafeSeaNet system must support the facilitation
and establishment of the European Maritime Transport Space without
barriers.

(9) Where any internationally-adopted rule allows routing of LRIT
information concerning third country vessels, SafeSeaNet networks shall be
used to distribute amongst Member States, with an appropriate level of
security, the LRIT information received in accordance with regulation 10B.

(10) The SafeSeaNet systems shall comply with–
(a) the requirements of regulation 22 concerning confidentiality of
information; and

(b) the security principles and specifications described in the
IFCD, in particular as regards access rights.
(11) The competent authority shall identify all users to which a role and a
set of access rights is attributed in compliance with the IFCD.

(12) In this regulation “IFCD” means the interface and functionalities
control document developed and maintain by the European Commission as
referred to in point 2.3 of Annex III of the Directive.

PART VI
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2004/120 CONTROL POVISIONS.

Offences.

23.(1) Any contravention of regulation 5(2), 12(2), 12(3), 12(4), 12(5) or
12(10) shall be an offence by the operator, agent and master of the ship in
question punishable on summary conviction by a fine not exceeding level 5
on the standard scale.

(2) Any person who, in purported compliance with regulation 5(2), 12(2),
12(3), 12(4), 12(5) or 12(10) makes a notification or supplies information
which he knows to be false in any material particular, shall be guilty of an
offence and liable, on summary conviction, to a fine not exceeding level 5
on the standard scale.

(3) If the master of a ship fails to comply with regulation 5(5), 8(1), 8(2),
9(1), 9(2), 12(9), 15(1), 15(2), 15(4), 15(5), 15(7), 16(5), 16(7), 16(8), 17(1)
or 18(2), that master shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding level 4 on the standard scale.

(4) If a ship does not comply with regulation 10(1), 10(2) or 10A the owner
of that ship shall be guilty of an offence and liable on summary conviction,
to a fine not exceeding level 5 on the standard scale.

(5) If a shipper fails to comply with regulation 14(4), that shipper shall be
guilty of an offence and liable, on summary conviction, to a fine not
exceeding level 5 on the standard scale.

(6) If the master of a ship or the owner of dangerous or polluting goods
fails to comply with regulation 17(4), that master or the owner shall be
guilty of an offence and liable, on summary conviction, to a fine not
exceeding level 5 on the standard scale.

(7) If the owner of a ship fails to comply with regulation 17(2) or 18(1),
that owner shall be guilty of an offence and liable, on summary conviction,
to a fine not exceeding level 5 on the standard scale.

(8) If the company and the master of a ship fails to comply with regulation
19(1) that company and the master shall both be guilty of an offence and
liable, on summary conviction, to a fine not exceeding level 5 on the
standard scale.

(9) Any person who knowingly or recklessly discloses information in
contravention of regulation 22(1) shall be guilty of an offence and liable, on
summary conviction, to a fine not exceeding level 5 on the standard scale.
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Defences.

24. In any proceedings for an offence under these Regulations, other than an
offence under regulation 23(2) or 23(9), it shall be a defence for a person
charged under these Regulations to prove that he took all reasonable steps to
avoid the commission of the offence.

Offences due to the fault of another person.

25. Where an offence under these Regulations is committed, or would have
been committed but for the operation of regulation 24, by any person due to
the act or default of some other person, that other person shall be guilty of
the offence, and a person may be charged with and convicted of the offence
by virtue of this regulation whether or not proceedings are taken against the
first mentioned person.

Offences by corporate bodies.

26.(1) Where a body corporate is guilty of an offence under these
Regulations and that offence is proved to have been committed with the
consent or connivance of, or to be attributable to any neglect on the part of–

(a) any director, manager, secretary or other similar officer of the
body corporate; or

(b) a person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members,
subregulation (1) shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director of
the body corporate.

Inspection and detention of ships.

27.(1) When a ship to which these Regulations apply, is in BGTW, the
Maritime Administrator may direct a surveyor or an inspector to inspect the
ship to verify that it is in compliance with the requirements of these
Regulations, and where the inspection carried out reveals that the ship is
not–

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2004/120 (a) fitted with an Automatic Identification System in compliance
with regulation 10;

(b) fitted with a Voyage Data Recorder in compliance with
regulation 11; or

(c) in compliance with any other requirement of these Regulations,

the Maritime Administration shall detain the ship by order and prevent the
ship from proceeding to sea or leave the port until the ship complies with the
requirement in respect of which it has been in non-compliance.

(2) Where the Maritime Administration is acting under this regulation, it
shall–

(a) prepare a report addressed to the Government of the State in
which the ship is registered; and

(b) take all possible efforts to avoid a ship being unduly delayed or
detained.

(3) Where a ship has been detained from proceeding to sea under
subregulation (1), the Administration shall immediately notify in writing–

(a) the Gibraltar Port Authority;

(b) the Chief Immigration Officer and the Collector of Customs;

(c) the master, the owner or operator of the ship;

(d) the Maritime Administration of the flag State or the State
where the ship is registered or its diplomatic representative in
Gibraltar or the United Kingdom; and

(e) the surveyor or recognized organisation responsible for the
issue of the certificates.

(4) The notification referred to in subregulation (3) shall contain–

(a) the result of the inspection with a list of deficiencies;

(b) any decision taken by the inspector or the surveyor; and

(c) information on the right of appeal against the order for
detention.
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(5) Where the ship is detained, the Maritime Administration shall, in
addition to the steps taken under subregulation (3)–

(a) cause the facts concerning the detention of the ship to be
reported to the IMO; and

(b) notify all relevant information about the ship to the authorities
of the next port of call.

Appeals.

28.(1) In the case of any dispute or complaint with regard to any decision
made by the Maritime Administration or the Captain of the Port in carrying
out his duties under these Regulations, the owner or operator of a ship or his
representative in Gibraltar or the company may, within 7 days, make an
appeal to the Minister with responsibility for the Port and Shipping and the
Minister shall dispose of the appeal as soon as possible in writing by giving
reasons for his decision.

(2) On an appeal under subregulation (1), the Minister shall either

(a) confirm the decision made by the Maritime Administration or
the Captain of the Port or confirm it with such modifications as
he thinks fit; or

(b) cancel it.

(3) A second appeal may be made to the Supreme Court and only on a
point of law.

(4) An appeal under subregulation (3) shall be made within 21 days from
the decision made under subregulation (1) and the Court shall give an
expedited hearing to that appeal.

(5) An appeal to the Minister or to the Court shall not suspend the
operation of a notice of detention of a ship.
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SCHEDULE 1
Regulation 10

PRESCRIPTIONS APPLICABLE TO ON-BOARD EQUIPMENT

Part 1

Automatic identification systems (AIS).

1. Ships built on or after 1 July 2002:

Passenger ships, irrespective of size, and all ships of 300 gross tonnage and
upwards built on or after 1 July 2002 which call at the Port of Gibraltar are
subject to the carrying requirement laid down in regulation 10.

2. Ships built prior to 1 July 2002:

Passenger ships, irrespective of size, and all ships of 300 gross tonnage and
upwards built prior to 1 July 2002 which call at the Port of Gibraltar are
subject to the carrying requirement laid down in regulation 10 according to
the following timetable-

(a) passenger ships - on the effective date of these Regulations;

(b) tankers - not later than the first survey for safety equipment
after 1 July 2003;

(c) ships, other than passenger ships and tankers, of 50000 gross
tonnage and upwards- on the effective date of these
Regulations;

(d) ships, other than passenger ships and tankers, of 10000 gross
tonnage and upwards but less than 50000 gross tonnage - not
later than 1 July 2005 or, as regards ships engaged in
international voyages, any earlier date decided within the
framework of the IMO;

(e) ships, other than passenger ships and tankers, of 3000 gross
tonnage and upwards but less than 10000 gross tonnage - not
later than 1 July 2006 or, as regards ships engaged in
international voyages, any earlier date decided upon within the
framework of the IMO;

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2004/120 (f) ships, other than passenger ships and tankers, of 300 gross
tonnage and upwards but less than 3000 gross tonnage - not
later than 1 July 2007 or, as regards ships engaged in
international voyages, any earlier date decided upon within the
framework of the IMO.

Part 2

Voyage data recorder (VDR) systems.

Ships including Gibraltar ships in the following classes shall, inasmuch as
they call at the Port of Gibraltar, be fitted with a voyage data recorder
system meeting the performance standards of IMO Resolution A.861(20)
and the testing standards set by Standard No 61996 of the International
Electronics Commission (IEC) on the effective date of these Regulations-

(a) passenger ships built on or after 1 July 2002,

(b) ro-ro passenger ships built before 1 July 2002;

(c) passenger ships other than ro-ro passenger ships, built before 1
July 2002; and

(d) ships other than passenger ships, of 3000 gross tonnage and
upwards, built on or after 1 July 2002.

In this Schedule, “ the effective date of these Regulations” means the date
on which these Regulations come into operation.

Part 3
Fishing Vessels

Fishing vessels with a length of more than 15 metres overall shall be fitted
with an automatic identification system (AIS) as provided for in regulation
10A according to the following timetable−

(a) fishing vessels of overall length 24 metres and upwards but less
than 45 metres: not later than 5 July 2012;

(b) fishing vessels of overall length 18 metres and upwards but less
than 24 metres: not later than 31 May 2013;

(c) fishing vessels of overall length exceeding 15 metres but less
than 18 metres: not later than 31 May 2014; and

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2004/120 (d) new-built fishing vessels of overall length exceeding 15 metres
are subject to the carrying requirement laid down in regulation
10A as from 30 November 2010.

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SCHEDULE 2
Regulation 12

Information to be notified in accordance with regulation 12.

A. General information:

(a) ship identification (name, call sign, IMO identification number
or MMSI number);

(b) port of destination;

(c) for a ship leaving a port in a Member State: estimated time of
departure from the port of departure and estimated time of
arrival at the port of destination or pilot station, as required by
the competent authority;

(d) for a ship coming from a port located outside the Community
and bound for a port in a Member State: estimated time of
arrival at the port of destination or pilot station, as required by
the competent authority; and

(e) total number of persons on board.

B. Cargo information:

(a) the correct technical names of the dangerous or polluting
goods, the United Nations (UN) numbers where they exist, the
IMO hazard classes in accordance with the IMDG, IBC and
IGC Codes and, where appropriate, the class of the ship as
defined by the INF Code, the quantities of such goods and their
location on board and, if they are being carried in cargo
transport units other than tanks, the identification number
thereof;

(b) confirmation that a list or manifest or appropriate loading plan
giving details of the dangerous or polluting goods carried and
of their location on the ship is on board; and

(c) address from which detailed information on the cargo may be
obtained.