Bunkering in Malta today : whereto from here?

Abstract

The bunkering industry in Malta is a relatively young industry. Although bunkering operations have been effected for a large number of years, until 1993 there were only two licensed bunker suppliers operating locally, and bunkering tonnage was negligible. Thus, there was no pressing need for regulation of the industry, since the players were few and easily monitored. With the liberalisation of the bunkering industry came the need for a number of basic requirements in order to ensure safe and environment-friendly operations. The object of this thesis is primarily to examine the notion of bunkers and the industry that surrounds it. An in-depth examination of the relevant local legislation follows, with particular attention given to the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations of 1996, as well as to environmental and anti-pollution laws. International Conventions, rules and directives that have a bearing on the Maltese bunkering industry are also discussed. As is the case in all maritime services, a number of aspects of a bunkering operation give rise to disputes between the participants of the industry. The importance of drawing up a contract is an important measure in preventing such disputes from arising. When preventive measures fail, however, there are a number of options for the settlement of disputes, both regarding the applicable laws as well as the remedies available. The amount of disputes that can arise is endless: an examination of some of the more common ones must suffice. A comparative analysis of two major bunkering ports sheds some light on the way forward for a developing bunkering station like Malta. The Ports of Singapore and Rotterdam are two of the most successful bunkering ports in the world, although with drastically opposing legal regimes. How does Malta compare to these ports? Which legal regime would be most applicable here? These and other questions must be answered in order to project the future of bunkering in Malta, and to identify any regulations that require amendment. Whereto from here? This is the crux of the whole thesis: promotion of the industry, more co-operation between the participants, a higher level of operations in conformity with international standards, attraction of increased bunkering tonnage to Malta. The desire to establish Malta as an important maritime service provider is evident; the development and enhancement of the bunkering industry aids the achievement of this goal.