Merchant Shipping (Fishing Vessel Safety) Rules, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,525, 30 ta’ Diçembru, 2003

L.N. 443 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Fishing Vessel Safety) Rules, 2003

IN exercise of the powers conferred by articles 207, 208 and 374

of the Merchant Shipping Act, the Minister for Transport and

Communications has made the following rules>–

(1) The title of these rules is the Merchant Shipping (Fishing Citation,

commencement and

Vessel Safety) Rules, 2003.

scope.

(2) These rules shall come into force on the 1st May, 2004.

(3) These rules adopt the measures contained in Council

Directive 97#70#EC of 11th December 1997, hereinafter referred to in

these rules as Council Directive 97#70#EC.

(1) In these rules, unless the context otherwise requires –

Interpretation.

“the Act” means the Merchant Shipping Act<

“administration of the flag State” in the case of Maltese fishing

vessels means the Registrar-General and in the case of other fishing

vessels means the competent authority of the State whose flag a

vessel is entitled to fly<

“certificate” means the certificate of compliance referred to

in rule 6 hereof<

“Council Directive” or “Council Regulation” means a

directive or regulation of the Council of the European Union

published in the Official Journal of the European Union, as the

case may be<

“existing fishing vessel” means a fishing vessel which is not

a new fishing vessel<

“fishing vessel” or “vessel” means any vessel equipped or

used commercially for catching fish or other living resources of

the sea<

“length” means, unless provided otherwise, 96% of the total

length on a waterline at 85% of the least moulded depth measured

from the keel line, or the length from the foreside of the stem to

the axis of the rudder stock on that waterline, if that be greater,

provided that in vessels designed with rake of keel the waterline

on which this length is measured shall be parallel to the designed

waterline<

“Maltese fishing vessel” means a fishing vessel registered

under the Act<

“new fishing vessel” means a fishing vessel for which>

(a) on or after 1 January, 1999 the building or major

conversion contract is placed or

(b) the building or major conversion contract has been

placed before 1 January, 1999, and which is delivered three

years or more after that date< or

(c) in the absence of a building contract, on or after 1

January, 1999>

-

the keel is laid, or

- construction identifiable with a specific ship

begins, or

- assembly has commenced comprising at least

50 tonnes or 1% of the estimated mass of all structural

material, whichever is less<

“operating” means catching or catching and processing fish

or other living resources of the sea without prejudice to the right

of innocent passage in the territorial sea and the freedom of

navigation in the 200 mile exclusive economic zone<

“recognised organisation” means an organisation or body

authorised in terms of article 367 of the Act or an official surveyor

of ships appointed in terms of that article, duly authorised by the

Registrar-General<

“territorial waters of Malta” means all parts of the open sea

within twelve nautical miles of the coast of Malta, or such other

distance as may be established under article 3 of the Territorial

Waters and Contiguous Zone Act, measured as in that Act provided, Cap. 226.

and includes any waters enclosed between the base lines therein

mentioned and the coast<

“the Torremolinos Protocol” means the Torremolinos Protocol

of 1993 relating to the Torremolinos International Convention for

the Safety of Fishing Vessels, 1977.

These rules apply to seagoing Maltese fishing vessels of 24 Applicability of

rules.

metres in length and over, wherever they may be, and to other seagoing

fishing vessels of 24 metres in length and over operating in the internal

or territorial waters of Malta or landing their catch in Malta. Recreational

craft engaged in non-commercial fishing are excluded from the scope

of these rules.

(1) The provisions of the Annex to the Torremolinos Protocol General

requirements.

shall apply to Maltese fishing vessels, unless Annex I Adaptation of

provisons of the Annex to the Torrermolinos Protocol for application

of Article (1) of Council Directive 97#70#EC to Council Directive

97#70#EC provides otherwise.

(2) Those requirements in Chapters IV, V, VII and IX of

the Annex to the Torremolinos Protocol, that apply to vessels of 45

metres in length and over, shall also apply to new Maltese fishing vessels

of 24 metres in length and over, unless Annex II Adaptation of provisons

of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol,

in accordance with Article 3(4) of the latter, for application to new

fishing vessels with a length of 24 metres and over to Council Directive

97#70#EC provides otherwise>

Provided that Maltese fishing vessels operating in specific

areas shall comply with the provisions for those areas, as defined in

Annex III Regional and local provisions (Articles 3(3) and 4(1)) to

Council Directive 97#70#EC.

(3) Maltese fishing vessels shall comply with the specific

safety requirements laid down in Annex IV Specific safety requirements

(Article 3(4)) to Council Directive 97#70#EC.

(4) No fishing vessel shall operate in the internal or territorial

waters of Malta or land their catch in Malta unless it is certified by the

flag State administration that it complies with the requirements referred

to in sub-rules (1), (2) and (3) of this rule and in rule 5 hereof.

(5) Marine equipment listed in Annex A.1 to Council

Directive 96#98#EC and complying with the said Annex, when placed

on board a fishing vessel to comply with these rules, shall be

automatically considered to be in conformity with these rules, whether

or not these rules require that the equipment must be approved and

subjected to tests to the satisfaction of the administration of the flag

State.

The standards for the design, construction and maintenance

design, construction

of hull, main and auxiliary machinery, electrical and automatic plants

of a fishing vessel shall be the rules in force at the date of its construction,

specified for classification by a recognised organisation or used by the

flag State administration.

(1) Subject to the provisions of sub-rule (3) hereof the

Registrar-General or a recognised organisation duly authorised by him

shall issue to Maltese fishing vessels complying with the requirements

referred to in rules 4 and 5 hereof, a certificate of compliance with the

requirements of these rules and of Council Directive 97#70#EC,

supplemented by a record of equipment and, where appropriate,

exemption certificates.

(2) The Registrar-General shall, subject to the provisions

of these rules and the Torremolinos Protocol, determine the conditions

of issue and validity of such certificates.

(3) The certificate of compliance, record of equipment and

and exemption certificate shall be in the format laid down in Annex V

Forms Of Certificate Of Compliance, Exemption Certificate, And Record

Of Equipment to Council Directive 97#70#EC or as near thereto as

circumstances permit.

(4) The certificates referred to in sub-rule (1) hereof shall

be issued after an initial survey, carried out by the exclusive surveyors

appointed in terms of article 367 of the Act or by the exclusive surveyors

of a recognised organisation or of a Member State of the European

Union authorised by the Registrar-General to carry out surveys, in

accordance with Regulation 6, paragraph (1)(a) of Chapter 1 of the

Annex to the Torremolinos Protocol.

(5) The periods of validity of the certificates referred to in

sub-rule (1) hereof shall not exceed those established in Regulation 11

of Chapter 1 of the Annex to the Torremolinos Protocol. A renewal of

the certificate of compliance, shall be issued after periodical surveys,

in accordance with Regulation 6 of Chapter 1 of the Annex to the

Torremolinos Protocol, have been carried out.

Maltese fishing vessels wherever they are and, other fishing Control provisions.

vessels when in Maltese inland or territiorial waters or in Malta ports

shall be subject to control by the Registrar-General, in accordance with

Article 4 of the Torremolinos Protocol and without discrimination with

regard to flag or nationality of the operator, in order to verify that they

comply with these rules.

It shall be the duty of the owner, of the company which has Duty to ensure

assumed the operation of the vessel and the skipper to ensure that the compliance.

vessel is in compliance with the provisions and requirements of these

rules and such person, if in fault, shall be liable to the penalties provided

for in the Act, and if no such penalty is provided, such person shall, for

each offence, be liable to a fine (multa) not exceeding five hundred

units.