CARRIAGE OF GOODS BY SEA ACT

CHAPTER 140

CARRIAGE OF GOODS BY SEA ACT

To make provision in respect of the Carriage of Goods by Sea.

(17th December, 1954) *

ACT XI of 1954 as amended by Acts XI of 1973 and XIII of 1983; and

Legal Notice 409 of 2007 and Act XXXV of 2023.

The short title of this Act is the Carriage of Goods by Sea

Act.

Rules Relating To Bills Of Lading

A RTICLE I

Definitions

In these Rules the following expressions have the meanings

hereby assigned to them respectively, that is to say

"carriage of goods" covers the period from the time when the

goods are loaded on to the time when they are discharged from the

ship;

"carrier" includes the owner or the charterer who enters into a

contract of carriage with a shipper;

"contract of carriage" applies only to contracts of carriage

covered by a bill of lading or any similar document of title, in so

far as such document relates to the carriage of goods by sea,

including any bill of lading or any similar document as aforesaid

issued under or pursuant to a charter party from the moment at

which such bill of lading or similar document of title regulates the

relations between a carrier and a holder of the same;

"goods" includes goods, wares, merchandises, and articles of

every kind whatsoever, except live animals and cargo which by the

contract of carriage is stated as being carried on deck and is so

carried;

"ship" means any vessel used for the carriage of goods by sea.

A RTICLE II

Risks

Subject to the provisions of Article VI, under every contract of

carriage of goods by sea the carrier, in relation to the loading,

handling, stowage, carriage, custody, care, and discharge of such

goods, shall be subject to the responsibilities and liabilities, and

entitled to the rights and immunities hereinafter set forth.

A RTICLE III

Responsibilities and Liabilities

1. The carrier shall be bound, before and at the beginning of

the voyage, to exercise due diligence to -

(a) make the ship seaworthy;

(b) properly man, equip, and supply the ship;

(c) make the holds, refrigerating and cool chambers, and

all other parts of the ship in which goods are carried,

fit and safe for their reception, carriage and

preservation.

2. Subject to the provisions of Article IV, the carrier shall

properly and carefully load, handle, stow, carry, keep, care for and

discharge the goods carried.

3. After receiving the goods into his charge, the carrier, or the

master or agent of the carrier, shall, on demand of the shipper, issue

to the shipper a bill of lading showing among other things -

(a) the leading marks necessary for identification of the

goods as the same are furnished in writing by the

shipper before the loading of such goods starts,

provided such marks are stamped or otherwise shown

clearly upon the goods if uncovered, or on the cases or

coverings in which such goods are contained, in such a

manner as should ordinarily remain legible until the

end of the voyage;

(b) either the number of packages or pieces, or the

quantity, or weight, as the case may be, as furnished in

writing by the shipper;

(c) the apparent order and condition of the goods

Provided that no carrier, master or agent of the carrier shall be

bound to state or show in the bill of lading any marks, number,

quantity, or weight which he has reasonable ground for suspecting

not accurately to represent the goods actually received, or which he

has had no reasonable means of checking.

4. Such a bill of lading shall be prima facie evidence of the

receipt by the carrier of the goods as therein described in

accordance with paragraph 3 (a), (b) and (c).

5. The shipper shall be deemed to have guaranteed to the

carrier the accuracy at the time of shipment of the marks, number,

quantity, and weight, as furnished by him, and the shipper shall

indemnify the carrier against all loss, damages, and expenses

arising or resulting from inaccuracies in such particulars. The right

of the carrier to such indemnity shall in no way limit his

responsibility and liability under the contract of carriage to any

person other than the shipper.

6. Unless notice of loss or damage and the general nature of

such loss or damage be given in writing to the carrier or his agent at

the port of discharge before or at the time of the removal of the

goods into the custody of the person entitled to delivery thereof

under the contract of carriage, or, if the loss or damage be not

apparent, within three days, such removal shall be prima facie

evidence of the delivery by the carrier of the goods as described in

the bill of lading.

The notice in writing need not be given if the state of the goods

has at the time of their receipt been the subject of joint survey or

inspection.

In any event the carrier and the ship shall be discharged from all

liability in respect of loss or damage unless suit is brought within

one year after delivery of the goods or the date when the goods

should have been delivered.

In the case of any actual or apprehended loss or damage the

carrier and the receiver shall give all reasonable facilities to each

other for inspecting and tallying the goods.

7. After the goods are loaded the bill of lading to be issued by

the carrier, master or agent of the carrier, to the shipper shall, if the

shipper so demands, be a "shipped" bill of lading, provided that if

the shipper shall have previously taken up any document of title to

such goods, he shall surrender the same as against the issue of the

"shipped" bill of lading, but at the option of the carrier such

document of title may be noted at the port of shipment by the

carrier, master, or agent with the name or names of the ship or ships

upon which the goods have been shipped and the date or dates of

shipment, and when so noted the same shall for the purposes of this

Article be deemed to constitute a "shipped" bill of lading.

8. Any clause, covenant or agreement in a contract of carriage

relieving the carrier or the ship from liability for loss or damage to

or in connection with goods arising from negligence, fault or

failure in the duties and obligations provided in this Article or

lessening such liability otherwise than as provided in these Rules,

shall be null and void and of no effect.

A benefit of insurance or similar clause shall be deemed to be a

clause relieving the carrier from liability.

A RTICLE IV

Rights and Immunities.

1. Neither the carrier nor the ship shall be liable for loss or

damage arising or resulting from unseaworthiness unless caused by

want of due diligence on the part of the carrier to make the ship

seaworthy, and to secure that the ship is properly manned, equipped

and supplied, and to make the holds, refrigerating and cool

chambers and all other parts of the ship in which goods are carried

fit and safe for their reception, carriage and preservation in

accordance with the provisions of paragraph 1 of Article III.

Whenever loss or damage has resulted from unseaworthiness,

the burden of proving the exercise of due diligence shall be on the

carrier or other person claiming exemption under this article.

2. Neither the carrier nor the ship shall be responsible for loss

or damage arising or resulting from -

(a) act, neglect, or default of the master, mariner, pilot or

the servants of the carrier in the navigation or in the

management of the ship;

(b) fire, unless caused by the actual fault or privity of the

carrier;

(c) perils, dangers and accidents of the sea or other

navigable waters;

(d) act of God;

(e) act of war;

(f)

act of public enemies;

(g) arrest or restraint of princes, rulers or people, or

seizure under legal process;

(h) quarantine restrictions;

(i)

act or omission of the shipper or owner of the goods,

his agent or representative;

(j)

strikes or lock-outs or stoppage or restraint of labour

from whatever cause, whether partial or general;

(k) riots and civil commotions;

(l)

saving or attempting to save life or property at sea;

(m) wastage in bulk or weight or any other loss or damage

arising from inherent defect, quality, or vice of the

goods;

(n) insufficiency of packing;

(o) insufficiency or inadequacy of marks;

(p) latent defects not discoverable by due diligence;

(q) any other cause arising without the actual fault or

privity of the carrier, or without the fault or neglect of

the agents or servants of the carrier, but the burden of

proof shall be on the person claiming the benefit of

this exception to show that neither the actual fault or

privity of the carrier nor the fault or neglect of the

agents or servants of the carrier contributed to the loss

or damage.

3. The shipper shall not be responsible for loss or damage

sustained by the carrier or the ship arising or resulting from any

cause without the act, fault or neglect of the shipper, his agents or

his servants.

4. Any deviation in saving or attempting to save life or

property at sea, or any reasonable deviation shall not be deemed to

be an infringement or breach of these Rules or of the contract of

carriage, and the carrier shall not be liable for any loss or damage

resulting therefrom.

5. Neither the carrier nor the ship shall in any event be or

become liable for any loss or damage to or in connection with

goods in an amount exceeding two hundred and thirty-two euro and

ninety-four cents (232.94) per package or unit, or the equivalent of

that sum in other currency, unless the nature and value of such

goods have been declared by the shipper before shipment and

inserted in the bill of lading.

This declaration if embodied in the bill of lading shall be prima

facie evidence, but shall not be binding or conclusive on the carrier.

By agreement between the carrier, master or agent of the carrier

and the shipper another maximum amount than that mentioned in

this paragraph may be fixed, provided that such maximum shall not

be less than the figure above named.

Neither the carrier nor the ship shall be responsible in any event

for loss or damage to or in connection with goods if the nature or

value thereof has been knowingly misstated by the shipper in the

bill of lading.

6. Goods of an inflammable, explosive or dangerous nature to

the shipment whereof the carrier, master or agent of the carrier, has

not consented, with knowledge of their nature and character, may at

any time before discharge be landed at any place or destroyed or

rendered innocuous by the carrier without compensation, and the

shipper of such goods shall be liable for all damages and expenses

directly or indirectly arising out of or resulting from such shipment.

If any such goods shipped with such knowledge and consent

shall become a danger to the ship or cargo, they may in like manner

be landed at any place or destroyed or rendered innocuous by the

carrier without liability on the part of the carrier except to general

average, if any.

A RTICLE V

Surrender of Rights and Immunities, and Increases of

Responsibilities and Liabilities

A carrier shall be at liberty to surrender in whole or in part all or

any of his rights and immunities or to increase any of his

responsibilities and liabilities under the Rules contained in any of

these Articles, provided such surrender or increase shall be

embodied in the bill of lading issued to the shipper.

The provisions of these Rules shall not be applicable to charter-

parties, but if bills of lading are issued in the case of a ship under a

charter-party they shall comply with the terms of these Rules.

Nothing in these Rules shall be held to prevent the insertion in a

bill of lading of any lawful provision regarding general average.

A RTICLE VI

Special Conditions

Notwithstanding the provisions of the preceding Articles, a

carrier, master or agent of the carrier, and a shipper shall in regard

to any particular goods be at liberty to enter into any agreement in

any terms as to the responsibility and liability of the carrier for

such goods, and as to the rights and immunities of the carrier in

respect of such goods, or his obligation as to seaworthiness, so far

as this stipulation is not contrary to public policy, or the care or

diligence of his servants or agents in regard to the loading,

handling, stowage, carriage, custody, care, and discharge of the

goods carried by sea, provided that in this case no bill of lading has

been or shall be issued and that the terms agreed shall be embodied

in a receipt which shall be a non-negotiable document and shall be

marked as such.

Any agreement so entered into shall have full legal effect

Provided that this Article shall not apply to ordinary commercial

shipments made in the ordinary course of trade, but only to other

shipments where the character or condition of the property to be

carried or the circumstances, terms and conditions under which the

carriage is to be performed, are such as reasonably to justify a

special agreement.

A RTICLE VII

Limitations on the Application of the Rules

Nothing herein contained shall prevent a carrier or a shipper

from entering into any agreement, stipulation, condition,

reservation or exemption as to the responsibility and liability of the

carrier or the ship for the loss or damage to or in connection with

the custody and care and handling of goods prior to the loading on

and subsequent to the discharge from the ship on which the goods

are carried by sea.

A RTICLE VIII

Limitation of Liability

The provisions of these Rules shall not affect the rights and

obligations of the carrier under any statute for the time being in

force relating to the limitation of the liability of owners of sea-

going vessels.

A RTICLE IX

The monetary units mentioned in these Rules are to be taken to

be gold value.

In this Act "the Rules" means the rules relating to bills of

lading, set out in the Schedule to this Act.

Notwithstanding any provisions to the contrary contained

in the Commercial Code, the Rules shall have effect, subject to the

provisions of this Act, in relation to and in connection with the

carriage of goods by sea in any vessel used for that purpose and

carrying goods from Malta to any other port, but not if such vessel

is carrying goods within the limits of Malta, that is from one island

to the other or from one part of an island to another part of the same

island.

There shall not be implied in any contract for the carriage

of goods by sea to which the Rules apply any absolute undertaking

by the carrier of the goods to provide a seaworthy vessel.

Every bill of lading or similar document of title, issued in

Malta, which contains or is evidence of any contract to which the

Rules apply, shall contain an express statement that it is to have

effect subject to the provisions of the said Rules as applied by this

Act.

Where under the usages of any trade the weight of any bulk

cargo inserted in the bill of lading is a weight ascertained or

accepted by a third party other than the carrier or the shipper and

the fact that the weight is so ascertained or accepted is stated in the

bill of lading, then, notwithstanding anything in the Rules, the bill

of lading shall not be deemed to be prima facie evidence against the

carrier of the receipt of goods of the weight so inserted in the bill of

lading, and the accuracy thereof at the time of shipment shall not be

deemed to have been guaranteed by the shipper.

Nothing in this Act shall affect the operation of articles 286

to 291, both included, and of Part IX of the Merchant Shipping Act,

or the operation of any other enactment, for the time being in force,

limiting the liability of shipowners.

The Rules shall not by virtue of this Act apply to any

contract for the carriage of goods by sea made before the 1st

January, 1955, nor to any bill of lading or similar document of title

issued, whether before or after that day, in pursuance of any such

*See Government Notice No. 571 of 18th December, 1954.

contract as aforesaid.

The Minister responsible for finance may, subject to the

provisions of the Exclusive Economic Zone Act, from time to time,

make, amend, substitute or repeal regulations for the purpose of

regulating, prescribing or otherwise providing for any matters

regulated by or under this Act or by or under any subsidiary legislation

made thereunder, in respect of an exclusive economic zone area or an

environment protection area as defined in the Exclusive Economic

Zone Act or any activities therein including, but not limited, to the

applicability or otherwise of this Act and, or of any subsidiary

legislation made thereunder.