Port Workers (Amendment) Regulations, 2007

L.N. 226 of 2007

PORT WORKERS ORDINANCE

(CAP. 171)

Port Workers (Amendment) Regulations, 2007

IN exercise of the powers conferred by article 17 of the Port

Workers Ordinance, the Minister for Competitiveness and

Communications, in consultation with the Malta Maritime Authority,

has made the following regulations>-

The title of these regulations is the Port Workers (Amendment)

Regulations, 2007, and they shall be read and construed as one with the

Port Workers Regulations, 1993, hereinafter referred to as “the principal

regulations”.

These regulations shall be deemed to have come into force on

the 1 st July, 2007.

Regulation 2 of the principal regulations shall be amended as

(a) the definition “accompanied motor car” shall be deleted<

(b) immediately before the definition “Authority” there shall

be inserted the following new definitions>

“ “accompanied commercial vehicle” means a motor

vehicle accompanied by a person traveling to or from Malta

and which is capable of carrying cargo”<

“accompanied motor vehicle” means a motor vehicle

accompanied by a person traveling to or from Malta, including

private cars, caravans, tourist coaches, trailers on tow of

accompanied vehicles, and shall include any items carried on

such vehicles or towed by such vehicles<”<

(c) immediately after the definition “Authority” there shall

be inserted the following new definition>

“ “auxiliary port workers” means those persons eligible

to work at a port as an auxiliary port worker in accordance

with the provisions of regulation 15A of these regulations<”<

(d) the words “article 12” in the definition “Board” shall be

substituted by the words “article 10”<

(e) immediately after the definition “Director” there shall

be inserted the following new definition>

“ “employer of port workers” shall have the same

meaning as that assigned to it by the Ordinance<” <

(f) the definitions “Government silo” and”“Kordino silo”

shall be deleted<

(g) immediately after the definition “Port Workers Register”

there shall be inserted the following new definition>

“ “prospective port workers” means those persons whose

names appear in the Prospective Port Workers Register in

accordance with regulation 9<”<

(h) immediately after the new definition “prospective port

workers” there shall be inserted the following new definition>

“ “registered port workers” means those port workers

who are registered as port workers in accordance with article

3 of the Ordinance<”<

(i) the definition “tourist coach” shall be deleted.

(a) In sub-regulation (1) of regulation 3 of the principal Amends regulation

regulations immediately after paragraph (e) thereof there shall be inserted 3 regulations.

the following new paragraphs>

“ (f) bitumen in bulk<

(g) accompanied motor vehicles<

(h) accompanied commercial vehicles of a cargo capacity

of 10 tons or less.”

(b) Sub-regulation (2) thereof shall be deleted and sub-

regulation (1), as amended, shall be re-numbered as the whole regulation

3.

In regulation 9 of the principal regulations immediately after Amends regulation

sub-regulation (2) there shall be added the following new sub-regulation 9 regulations.

“(3) The Director shall also maintain a register of those

persons who are eligible to become prospective port workers in

terms of these regulations. Persons registered on the said register

have to renew their registration, in person, during January of every

year in such order or manner as the Director may direct.”.

Regulation 10 of the principal regulations shall be substituted

by the following>

“10. There shall be established a Port Workers Register in

which all port workers shall be registered in accordance with article

3 of the Ordinance. The register shall also contain a section clearly

indicating the names of persons, other than prospective port

workers, eligible to become port workers in terms of these

regulations.”.

Sub-regulation (1) of regulation 11 of the principal regulations

shall be substituted by the following>

“(1) Vacancies in the complement of port workers

established under regulation 12(2) of these regulations occurring

through the death or retirement of a port worker shall be filled by

the recruitment of port workers from the Prospective Port Workers

Register and, subject to the provisions of sub-regulation 15 (1)

(b), if no prospective port workers are available in the said register,

existing vacancies shall then be filled in accordance with sub-

regulation (2) of regulation 15 of these regulations.”.

Sub-regulation (2) of regulation 12 of the principal regulations

shall be substituted by the following>

“(2) The complement of port workers shall, for the period

starting from 31st May 2007, be that as established by the Port

Workers Board by notice published in the Gazette. The complement

of port workers as published in the Gazette shall remain fixed until

the Board carries out a review after two years from last publication

in the Gazette. Where, following the review, there is a change in

the required number of port workers, the new complement shall

be published in the Gazette>

Provided that where at any time in the intervening period of

two years between one revision and another it results that the

number of port workers required by employers of port workers is

insufficient, the Board shall review the complement to ensure that

the number is adequate to meet the requirements of all employers

of port workers.”.

Regulation 13 of the principal regulations shall be amended

as follows>

(a) the marginal note shall be substituted by the words

“Eligibility to fill vacancies from the Prospective Port Workers

Register”<

(b) in sub-regulation (1) thereof, for the words “Eligibility

to fill a vacancy” there shall be substituted the words “Eligibility

to fill vacancies from the Prospective Port Workers Register”< and

(c) in paragraph (a) of the proviso to sub-regulation (6)

thereof, for the words “over the age of eighteen” there shall be

substituted the words “over the age of sixteen and under the age of

eighteen.”.

Regulation 15 of the principal regulations shall be amended Amends regulation

15 of the principal

as follows>

regulations.

(a) paragraph (b) of sub-regulation (1) thereof shall be

substituted by the following>

“(b) who satisfies the requirements of these regulations

with regard to his or her eligibility to be so registered>

Provided that if no prospective port workers are available

to fill the existing vacancies from the list of persons whose

names appear in the Prospective Port Workers Register, the

Authority shall refer to the Board the person whose name

appears on the register of persons eligible to become a

prospective port worker upon the retirement or death of the

eldest registered port worker and the date of registration of

such person as a port worker shall be anticipated accordingly>

Provided further that such person satisfies the

requirements of these regulations with regard to his or her

eligibility to be so registered.”<

(b) sub-regulation (2) thereof shall be renumbered as sub-

regulation (3) and immediately after sub-regulation (1) thereof there

shall be added the following new sub-regulation (2)>

“(2) If no prospective port workers or no persons whose

names appear on the register of persons eligible to become

prospective port workers in terms of sub-regulation (1) (b)

above are available to fill the existing vacancies, the Authority

shall, on the recommendation of the Port Workers Board, issue

a public call for applications to fill vacancies. The Board shall

fill the vacancies from the applicants to the call provided that

such persons fulfill the requirements of the provisions of sub-

regulation (3) of regulation 11 of these regulations and subject

to the other requirements as to the eligibility of the individuals

applying to work as port workers under these regulations being

also satisfied.”.

Immediately after regulation 15 there shall be added the

following new regulation 15A>

“Employment

(1) For the purposes of article 20 of the

prospective Ordinance it is hereby prescribed that article 3(4) of the

port workers Ordinance shall not apply to port work when the complement

and auxiliary

port workers. of registered port workers in terms of these regulations is

insufficient to meet the requirements of employers of port

workers. In such an event, employers of port workers may

employ persons for the provision of services of a temporary

nature involving transport of cargoes within a port area from

the list of prospective port workers and the list of persons

eligible to become prospective port workers. In the event that

the number of prospective port workers and persons eligible

to become prospective port workers is insufficient for the

provision of such services, employers of port workers may

employ auxiliary port workers, provided that an agreement

to that effect exists in the Service Level Agreement entered

between the representatives of port workers and any respective

employer of port workers as provided for in regulation 21A.

(2) Auxiliary port workers so employed are

required to be in possession of a pertinent training qualification

in the provision of port work in accordance with regulation

15 B hereof.

(3) Payments due to persons employed in terms

of sub-regulation (1) of this regulation shall be borne by the

registered port workers and shall not be over and above the

official tariffs established by these Regulations and the tariffs

agreed in the Service Level Agreement.

(4) Persons so engaged in the provision of services

as described in sub-regulation (1) shall not be entitled to any

of the benefits or entitlements, or be subject to conditions of

work, of registered port workers under these regulations other

than the benefits and entitlements, or conditions of work, if

any, as specified for such purposes in the Service Level

Agreement entered into between the representatives of port

workers and any respective employer of port workers>

Provided further that an auxiliary port worker under this

regulation shall not be granted, for being so engaged, any

special rights over other applicants when applying to fill a

vacancy under the provisions of sub-regulation (2) of

regulation 15 of these regulations.”.

12. Immediately after the new regulation 15A of the principal Adds new

regulation 15B to

regulations there shall be added the following regulation 15B>

the principal

regulations.

(1) Without prejudice to the provisions of sub-

“Training in a

regulation

15A (2), any person, not being a registered port

worker or a prospective port worker or a person eligible to be

a prospective port worker, shall not be eligible to fill the

vacancy of a port worker or to work as an auxiliary port

worker, as the case may be, unless he has first obtained a

training qualification in the provision of port work, as

approved by the Authority, from a training institution

recognized by the Authority.

(2) The Authority shall keep a specific register

of persons in possession of a training qualification under sub-

regulation (1) hereof and such register shall contain such

details as are considered necessary by the Authority to identify

the holder, including, but not limited to, details as to his or

her qualifications, and other particulars not of a personal

nature.”.

13. Immediately after regulation 21 of the principal regulations Adds new

regulation 21A to

there shall be added the following new regulation 21A>

the principal

regulations.

(1) The representatives of registered port

workers and employers of port workers shall enter into a

Agreements.

Service Level Agreement between them in connection with

the provision of services by port workers.

(2) Workers allocated to employers of port

workers under a Service Level Agreement have to be fit and

able to perform the work to which they are assigned.

(3) A Service Level Agreement under these

regulations may include, amongst other provisions, the

following>-

(a) a description of the services to be provided,

including the resources to be made available, the number

of workers and the service levels#targets to be met by

the parties to the agreement<

(b) the services that are required to be provided

by the port workers<

(c)

dispute resolution<

(d) hours of work, including shift systems

allocation<

(e) ordering procedure when filing requests for

the provision of port workers<

(f) disciplinary procedure including, but not

limited to, the non-attainment of agreed minimum service

levels>

Provided that disciplinary measures in a Service

Level Agreement shall be limited only to administrative

measures and minor offences>

Provided further that disciplinary measures relating

to the withdrawal of a port worker’s registration shall

be regulated by the Authority through the Port Workers

Board.

(4) The boards established for disciplinary

proceedings and dispute resolution under a Service Level

Agreement shall, as far as possible, be common to all

employers of port workers.

(5) Applicable tariffs involving the provision of

port work services as contemplated in these regulations in a

Service Level Agreement shall in respect of imports and

exports cargoes and related services not exceed the maximum

tariffs established under these regulations and under any other

law that the Authority is entitled to enforce. Applicable tariffs

relating to transshipment operations and related services shall

be negotiated between the employer of port workers and the

representatives of port workers.

(6) For the purposes of these regulations, and in

order to ensure consistency between the various Service Level

Agreements especially with regard to disciplinary procedure

and dispute resolution, a Service Level Agreement under these

regulations shall be copied to the Authority by the parties to

the Agreement and the Authority may query any of the

provisions of the Agreement relating to disciplinary

procedures and dispute resolution if, in its opinion, any of

these, or both, contain matters that are not common to other

Service Level Agreements in accordance with sub-regulation

(4) hereof and it shall be incumbent upon the parties to the

Agreement to provide an explanation to the Authority within

reasonable time or by a date as indicated by the Authority.

(7) The terminal operators and other employers

of port workers shall provide appropriate insurance cover to

hold the port workers harmless for damages to property and

third parties provided that such damage is not a result of gross

negligence on the part of the port workers.”.

Regulation 23 of the principal regulations shall be deleted.

14. Deletes regulation

23 of the principal

regulations.

15. Regulation 25 of the principal regulations shall be substituted Substitutes

regulation 25 of the

by the following>

principal

regulations.

“25. (1) Employers of port workers shall effect payment

for port work to the Authority in accordance with the tariffs of

fees and rates set out in the Second Schedule, and in accordance

with the contribution set out in the Seventh Schedule.

(2) The tariff of the handling of transshipment cargo

and related services shall be established following negotiations

between the employers of port workers and port workers. The

agreement reached shall be communicated to the Authority>

Provided that when both parties fail to reach an

agreement, either of the parties may refer the dispute to the

Authority which shall determine the tariff based on>

(a)

the service to be provided<

(b) the latest tariff negotiated between the parties<

(c)

any published tariff<

(d) the cost of labour< and

(e) the volume of cargo and nature of services involved>

Provided further that either party may appeal the decision

taken by the Authority, in respect of the establishment of a

transshipment tariff, to the Port Work Appeals Board

established under the Ordinance.”.

16. In regulation 26 of the principal regulations for the words

“Third Schedule” there shall be substituted the words “Second

Schedule”.

17. In regulation 27 of the principal regulations for the words

“Third Schedule” there shall be substituted the words “Second Schedule”

and for the words “Fourth Schedule” there shall be substituted the words

“Third Schedule”.

18. In regulation 28 of the principal regulations for the words

“Fifth Schedule” there shall be substituted the words “Fourth Schedule”.

19. In regulation 29 of the principal regulations for the words

“Sixth Schedule” there shall be substituted the words “Fifth Schedule”.

20. In regulation 30 of the principal regulations for the words

“Seventh Schedule” there shall be substituted the words “Sixth

Schedule”.

21. For regulation 32 of the principal regulation there shall be

substituted the following>

“32. The Fund shall be administered by a Committee

appointed by the Minister. The Committee shall be composed of

the following>

(a)

a Chairman,

(b) two representatives of the Authority<

(c)

two representatives of port workers< and

(d) a secretary who shall have no vote.”.

For regulation 35 of the principal regulations there shall be

substituted the following>

“35. The Committee is to administer the Fund in a

professional manner in accordance with regulations and guidelines

issued by the regulator for financial services in Malta. The

Committee may make recommendations to the Minister for his

approval to invest money remitted to the Fund but before making

such recommendations the Committee is to ensure that any

investment strategy adopted by it in this regard is within the limits

and standards set by the said regulator for financial services in

Malta and is based on appropriate professional advice and

diligence.”.

Immediately after regulation 36 of the principal regulations Adds

regulation 36A to

there shall be added the following new regulation 36A>

the principal

regulations.

Every five years a review of the Fund shall be

“Review of the

carried

out by an independent actuary appointed by the

regulator for financial services in Malta in order to determine

whether the contributions to the Fund are adequate to meet

future obligations over the ensuing ten year period and should

the review conclude that the contributions are insufficient to

meet such needs, the Authority shall take the necessary steps

to increase the level of contributions to ensure adequacy of

the Fund>

Provided that the Government shall at all times guarantee

that the Fund is maintained at a level which will enable it to

meet its present and future obligations and outflow

commitments as determined by the actuary from time to

time.”.

24. Regulation 38 of the principal regulations shall be substituted Amends regulation

38 of the principal

by the following>

regulations.

“38.

The Authority shall remit to the Fund>

(a)

the contribution specified in the Seventh Schedule<

(b) any moneys which may be passed to it by the

Director for remittance to the Fund.”.

25. In regulation 39 of the principal regulations, the words “Ninth Amends

39 of the principal

Schedule” shall be substituted by the words “Eighth Schedule”.

regulations.

26. Regulation 43 of the principal regulations shall be substituted Substitutes

regulation 43 of the

by the following>

principal

regulations.

“43. (1) (a) A port worker who is a registered port

worker on the date of the coming into force of these regulations,

or subsequently, shall receive a gratuity in respect of each year of

service, or part thereof, to be reckoned as from the 4th April 1973.

(b) The payment of the gratuity at paragraph (a)

above shall be made by the Committee in any one of the following

circumstances>

(i) to a port worker who reaches retirement age< or

(ii) to a port worker whose registration is cancelled by

the Director after a port worker is certified to be medically

unfit for further port work by a medical board appointed by

the Minister< or

(iii) to the heirs of a port worker who dies whilst being

so registered.

(c) The Minister, after consultation with the

Committee, may for the purpose of this sub-regulation, authorize

that initial and yearly amounts be invested with a reputable

assurance company for the purpose of the provision of such

gratuities to port workers.

(2) A port worker who is so registered for the first time

after 1 st June 2007, and has been so registered for more than ten years,

shall on reaching retirement age, or whose registration is cancelled after

being certified to be medically unfit for further port work by a medical

board appointed by the Minister, receive a gratuity of Lm 15,000.

(3) The heirs of a port worker who dies after 1 st June

2007 and while so registered shall receive a gratuity equivalent to three

years average earnings of the deceased port worker. The difference

between the amount due in respect of the gratuity and all insurance

proceeds will be paid from the Fund.”.

27. In sub-regulation (1) of regulation 47 of the principal

regulations –

(a) the words “together with a percentage thereon as an

administrative charge by the Authority” shall be deleted, and

(b) the words “For the purposes of this sub-regulation the

percentage laid down in regulation 13 shall apply.” shall be deleted.

28. The Second Schedule to the Principal Regulations shall be

deleted.

29. The Third Schedule to the principal regulations shall be

substituted by the following>

“SECOND SCHEDULE

(Regulations 25 and 26)

Tariff of Fees Payable to Port Workers

PART I

General Cargo

Port workers employed to handle the cargo specified in Column 1 of this Tariff shall be

paid the fees shown in Column 2, such fees being the total amount of the fees due for the

whole cargo operation

Column 1

Column 2

Nature of cargo

Total payable by

employers of port

workers in respect of

whole operation

a.

Cement

In big bags or on pallets

per ton ...............................................................

116c*

Cement

In 50 kg bags

per ton ............................................................

212c*

b.

Soda, Sulphur and Coal - in bags

per ton ............................................................

120c*

c.

Onions, carobs, oats, pollard, cotton seed, oil cake,

barley, bran, coke and malt - in bags

149c*

per ton ...........................................................

d.

Potatoes

113c*

per ton ...........................................................

e.

Iron joists, beams, girders, rails, metal rods

including angle iron and sheets, ingots

per ton ...........................................................

125c*

f.

Refrigerated cargo

Fruit in cases or cartons

per ton ...........................................................

160c*

Other, per ton .................................................

142c*

g.

Fruit in cases or cartons (not refrigerated)

106c*

per ton ………………………………….…

h.

Scrap metal (other than aluminium) - loose

per ton ..............................................................

139c*

i.

Scrap aluminium - loose

247c*

per ton ..................................

j.

Motor and aviation spirit in cans or drums, and

explosives including ammunition and pyrotechnics

per ton .............................................................

91c*

k.

Chairs, loose or in bundles - each

4c

Willows, canes et similia, in bundles

per bundle …………………...........................

4c

Empty drums of a capacity of 40 gallons and over

each ................................................................

4c

l.

Empty wine and beer casks

each ...............................................................

28c

All other cargo other than cargo in bulk

m.

105c*

per ton ..........................................................

Note

(a) Where denoted by an asterisk, tariff figures shall be subject to an additional overall

payment of 5 per centum.

(b) The fees shown above include all remuneration due for the carrying of cargo

necessary for the performance of the whole operation.

PART II

Unitized Cargo

Port workers allocated to handle cargo in unit loads shall be paid the fees shown in

Column 2 of this Tariff in respect of the work specified in Column 1 thereof

Column 1

Column 2

Nature of Work

Rate

(a) Unloading or loading of unitized cargo

55c per ton

(b) Shifting of unitized cargo

25c per ton for each operation

(c) Loading or unloading of empty containers

535c per unit

(d) Loading or unloading of empty trailers

50c per unit

(e) Loading or unloading of empty containers

on trailers

570 per unit

(f)

Road transport vehicles and bowser

(excluding ship’s equipment used to tow,

push, carry or move unitized cargo) rolled

250c cents per unit in addition

on or off a RORO ship to load or onload

to the fees in respect of cargo

cargo

carried

(g) Folding or collapsible containers loaded

55c per ton of 1000

or unloaded interlocked into one another

kilogrammes

PART III

Bulk Cargo

Port workers employed to handle the cargo specified in Column 1 of this tariff shall be

paid the fees shown in Column 2, such fees being the total amount of the fees due for the

whole operation

Column 1

Column 2

Nature of cargo

Total payable by

employers of port

workers in respect of

whole operation

Per ton

A. Bulk cargo loaded or unloaded by suction plant

feeding in hold ex chutes at a silo

(i) Wheat ................................……………………………………….……………. 16c

(ii) Oats and barley ..............…………………………………………….………… 22c

(iii) Soya beans, oil cake, pollard and beans ....…………......................……......... 45c

(iv) Cement in bulk …………………………………………………………….. 63c

(v) Other bulk cargo ......…………………………………………………………... 16c

B. Bulk cargo not loaded or unloaded by suction plant

a. Wheat ..............................……………………………………………………….. 30c

b. Carobs, oats, cotton seed and barley ..............................................……………… 55c

c. Other grains .......................……………………………………………………… 31c

d. Salt, sand and grit ………………………………………………………………. 124c

e. Marble chipping and aggregates ………………………………...........…............. 63c

f. Alfalfa, grass pellets, soya bean pellets and sunflower meal ........…………….… 178c

g. Other bulk cargo ...………………………………………………………………. 33c

Note

1. The above fees include all remuneration due for the carrying of cargo necessary for the

performance of the whole operation.

2. Bagging and tying of damaged bulk wheat which cannot be unloaded by suction shall

be paid at double the fee for bulk wheat not unloaded by suction; and the normal fees

applicable to bagged cargo shall be paid for its unloading.

3. The fee for the unloading of wheat in bulk not unloaded by suction from deep tanks

shall be 75 per centum in addition to the normal fee specified in this Part of this Tariff.

4. The unloading of wheat in bulk between pipes not unloaded by suction in the deep

tanks shall be charged at double the normal fee shown in this Part of this Tariff and the

quantity of wheat so discharged shall be established by agreement between the master (or

the chief officer) and the Authority.

5. Where bulk cargo is not loaded or unloaded at a Silo, port workers employed to handle

from ship’s tackle to stack on quay or in shed or vice versa the cargo in bulk specified in

Column 1 of this note shall be paid the fees shown in Column 2 and in Column 3 thereof

Column 1

Column 2

Column 3

Nature of Cargo

Slinging/unslinging

Handling on

under ship’s tackle, on quay

quay or on lighters,

including

stowing/stacking as

necessary

Rate per ton

Rate per ton

(a) Wheat .............................................……

8c

44c

(b) Carobs, oats, cotton seed and barley ....

13c

76c

(c) Other grains ............................................

8c

47c

(d) Deffun, marble chippings ......................

12c

66c

(e) Other bulk cargo ....................................

8c

49c

Note

The above fees include all remuneration due for any trimming which may be necessary.

6. Port workers employed in the handling of bulk cargo to perform the operations

specified in Column 1 of this note shall be paid the fees shown in Column 2 thereof

Column 1

Column 2

Rate per ton

(a) Bagging and tying ..............................

17c

(b) Suction plant feed on deck or lighter ...

17c

(c) Bucket conveyor feeding

(i) Grain other than wheat ..............

27c

(ii) Wheat .......................................

16c

Note

The fees shown against item (a) shall be in addition to the fees shown in note 5 of this

Part of this Schedule, and the fees shown against items (b) and (c) shall be in lieu of the

fees shown in Column 3 of note 5 of this Part of this Schedule.

PART IV

Shed or Stack to Transport

Port workers employed to handle, from shed or stack on open quay to transport, the

cargo specified in Column 1 of this Tariff shall be paid the fees shown in Column 2 or in

Column 3 thereof according to the type of operation performed

Column 1

Column 2

Column 3

Nature of Cargo

Carrying

Receiving

from shed or

at tail

stack on

board of

open quay,

truck

loading and

and

stacking on

stacking

truck

on trucks

Frozen meat

per ton .........................................................

51c

-

Cereals including bran, pollard, and canary

seed and salt, in bags

40c

21c

per ton .........................................................

Oil cake in bags

63c

21c

per ton .........................................................

Sugar in bags

40c

22c

per ton .........................................................

Timber

per ton .........................................................

44c

-

L.P. Gas Cylinders

per cylinder .................................................

5c

-

Seed potatoes

per bag ........................................................

4c

-

Bitumen and Asphalt in drums

29c

per ton .........................................................

-

Any substances in bags or in drums for use in

33c

22c

the oil industry

Note

The fee shown in Column 2 in respect of the item "Oil cake in bags" shall be levied

irrespective of the average weight of, or the weight, of individual bags, and includes all

remuneration due for the handling of bags for weighing purposes.

PART V

Miscellaneous

1. Any port worker employed as a winchman, heavy plant driver or signalman

for any one operation, shall be paid a fee of Lm 4 per hour, subject to a minimum

period of 4 hours.

2. Port workers employed to perform the following port work in enclosed port

areas, with regard to the handling of unitized cargo, that is –

(a)

the packing and unpacking of containers<

(b) the loading and unloading of trailers<

(c) the dismantling of other unit loads on quay or in warehouse or stacking

ground<

(d) the sorting of cargo so handled according to main bill of lading marks

and the stacking of such cargo on quay or in warehouse< and

(e)

the consolidation of unit loads for loading on board a ship,

shall be paid a fee of Lm4 per hour, subject to a minimum period of work of 4 hours.”.

30. The Fourth Schedule to the principal regulations shall be

amended as follows>

(a) for the words “FOURTH SCHEDULE” in the title there

shall be substituted the words “THIRD SCHEDULE”<

(b) in paragraph 3 thereof, item 3.6 shall be deleted<

(c) in paragraph 3 thereof, items “3.7” and “3.8” shall be

renumbered as items “3.6” and “3.7” respectively<

(d) in paragraph 3 thereof, item 3.9 shall be deleted<

(e) in paragraph 7.2 thereof, the words “not landed at the

Government silo” shall be deleted<

(f) paragraph 10 thereof shall be substituted by the

following>

10. For the purposes of calculating the fees in respect

“Applicability

of unitized cargo the provisions of this Schedule shall apply>

Provided that the tonnage of unitized cargo on which

fees are calculated shall be the actual tonnage of the cargo

loaded or unloaded or shifted excluding the equipment used

to form unit loads or to tow, push, carry, or otherwise move

such cargo>

Provided further that in the case of trailers and containers,

fees shall be calculated according to the following fixed

tonnage>

Containers

20ft

23 tons

Containers

40ft

45 tons

Trailers

20ft

25 tons

Trailers

40ft

45 tons

Trailers Supercube

Over 40ft

58 tons

Refrigerated Containers#Trailers containing frozen meat,

frozen fish and frozen by-products of such commodities>

Containers#Trailers

20ft

18 tons

Containers#Trailers

40ft

26 tons

Containers#Trailers

Over 40ft

45 tons

When the actual weight and measurement of cargo in

respect of each bill of lading relative to unitized cargo are not

recorded in the ship’s manifests, or bills of lading, the fees

specified in the tariff shall, nothwithstanding the provisions

of paragraph 2 hereof, be calculated on the basis of the overall

measurement, subject to the provisions of the paragraph

above.”< and

(g) paragraph 11 thereof shall be substituted by the

following>

“11.1 Employers of port workers shall pay to the

Authority the following>

11.1.1 the fees specified in the Second Schedule<

and

11.1.2 the contribution specified in the Seventh

Schedule.

If more than one employer employs port workers

in respect of a specific cargo operation the fees due shall

be paid by the employers in proportion to their allocation

of cargo.”.

31. For the words “FIFTH SCHEDULE” in the title of the Fifth Amends the Fifth

Schedule to the

Schedule of the principal regulations there shall be substituted the words principal

regulations.

“FOURTH SCHEDULE”.

32. The Sixth Schedule to the principal regulations shall be Amends the Sixth

Schedule to the

amended as follows>

principal

regulations.

(a) for the words “SIXTH SCHEDULE” in the title thereof

there shall be substituted the words “FIFTH SCHEDULE”<

(b) paragraphs 1, 2 and 3 of the Schedule shall be substituted

by the following>

“1. The working hours for the provision of port work

in ports shall be 24 hours, seven days a week.

2. Port work shall be organized as follows>

(a) On a day basis> starting from 0800 hours to

1700 hours including a one hour break between 1200

hours and 1300 hours< or

(b) On an eight hour shift basis including a half

hour break< the hours of work when resorting to shift

work shall be as follows>

Day shift from 0800 hours to 1600 hours

Evening shift from 1600 hours to 0000 hours

Night shift from 0000 hours to 0800 hours.

3. To each port worker actually employed during night

shift or on Sundays or national or public holidays, there shall

be paid in addition to the fees specified in the Second

Schedule, the following fees>

In respect of work performed>

(a) On night shift from

Monday to Saturday…….…….……Lm5 per man

(b) On Sundays and national

or public holidays…………………Lm10 per man.

4. The conditions of work stipulated in paragraphs 2

and 3 of this Schedule may be varied through the Service

Level Agreement that every employer of port worker or

terminal operator and the representatives of port workers shall

enter into in accordance with the provisions of regulation 21A

of these regulations>

Provided that any such arrangements shall at all times

be compliant with applicable law.”< and

(c) paragraphs 4, 5 and 6 of the Schedule shall be

respectively re-numbered as paragraphs 5, 6 and 7 thereof.

33. The Seventh Schedule to the principal regulations shall be

amended as follows>

(a) for the words “SEVENTH SCHEDULE” in the title

thereof there shall be substituted the words “SIXTH SCHEDULE”<

(b) paragraphs 1, 2 and 3 thereof shall be substituted by the

following>

“1. All port workers appearing on the Port Workers

register shall form one homogeneous section and shall, in

conformity with the provisions of article 2 of the Ordinance,

perform port work consisting of or involving>

(a) the loading, unloading and shifting of cargoes

from ship to shore, storage facilities and open stack and

vice versa as described in these regulations and as

prescribed in regulation 21<

(b) the handling of unitized cargo on a ship, on a

quay and in a warehouse, including the lashing,

unlashing, slinging, unslinging, hooking and unhooking,

of cargo in unit loads from ship to quay or stacking

ground or warehouse and vice-versa, provided that port

work on shore shall be performed only when it constitutes

a continuous operation while cargo is in the custody of

the Director or the employer of port worker and, or

terminal operator, as the case may be<

(c) operations under ship’s tackle including

slinging and unslinging, stowing and stacking on lighters,

trailers or other equipment or on quay at ship’s side<

operations from lighters to quay, from lighters, or quay

to stack in warehouse or on quay or stacking ground or

on truck or vice-versa, including the identification and

sorting of goods to bill of lading shipping marks, the

stacking or stowing to such marks as directed by the

employer and the provision of drivers for mechanical

handling equipment other than for lift trucks and cranes<

(d) shed work when they are employed for this

work by the Director or by the employer of port worker

as the case may be, provided that they may be required

to work on a quay and#or in a warehouse with complete

flexibility and without being tied down to specific jobs<

(e)

bagging and tying<

(f) the duties applicable to winchman, driver,

heavy plant driver, and signalman.

2. Orders for labour are to be made to the Authority in

all cases.

3. The order in which port workers shall be supplied

to employers of port workers and, or terminal operators shall,

save as otherwise provided, be the working priority of the

ship as submitted by the employers of port workers and, or

terminal operators.”< and

(c) for the words “Port Disputes Board” in the second

proviso of sub-paragraph (2) of paragraph 6 of this Schedule

there shall be substituted the words”“Port Workers Board”.

34. The Eighth Schedule shall be substituted by the following>

“SEVENTH SCHEDULE

(Regulations 25 and 38)

Pension and Contingency Fund Contribution

1. An employer of port workers shall pay to the Authority a

contribution of 27c per ton of cargo loaded or unloaded during a whole

operation.

2. For the purpose of calculating the contribution specified in

this Schedule the provisions of the Third Schedule to these regulations

shall apply.

3. The tonnage of unitized cargo on which fees are calculated

shall be the actual tonnage of the cargo loaded or unloaded excluding

the equipment used to form unit loads or to tow, push, carry or otherwise

move such cargo.

4. The provisions of this Schedule shall not apply to>

(i) Locally manufactured goods, or locally produced

agricultural goods, loaded on a ship for export.

(ii) Transshipment cargo.

(iii) Cargo unloaded and eventually re-loaded on a ship in

the process of shifting cargo on, from, or to that ship.

(iv) Empty containers.

(v) Empty trailers.

(vi) Road transport vehicles and bowsers rolled on or off a

RORO ship to load or unload cargo.

(vii) Bulk Cereals.”.

35. In the Ninth Schedule to the principal regulations for the

words “NINTH SCHEDULE” in the title there shall be substituted the

words “EIGHTH SCHEDULE”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.96 (€2.24)