Merchant Shipping (Maritime Labour Convention)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,685, 25 ta’ Novembru, 2016

L.N. 390 of 2016

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Maritime Labour Convention)

(Amendment) Rules, 2016

IN exercise of the powers conferred by articles 90, 106, 108,

122C, 148, 149, 152, 153, 154, 163, 168A and 374 of the Merchant

Shipping Act, the Minister for Transport and Infrastructure has made

the following rules:-

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

(Maritime Labour Convention) (Amendment) Rules, 2016 and they commencement.

shall be read and construed as one with the Merchant Shipping

(Maritime Labour Convention) Rules, hereinafter referred to as "the S.L. 234.51

principal rules".

(2) These rules shall come into force on the 18 th January 2017.

Immediately after rule 74 of the principal rules there shall Adds new rule

be added the following new rule 74A

74A. (1) A seafarer shall be deemed to have been

abandoned where, in violation of the requirements of

these rules or the terms of the seafarers’ employment

agreement, the shipowner

(a) fails to cover the cost of the seafarer’s

repatriation; or

(b) has left the seafarer without the necessary

maintenance and support; or

(c) has otherwise unilaterally severed his ties with

the seafarer including failure to pay contractual wages for

a period of at least two months.

(2) All ships to which these rules apply shall carry

on board a certificate or other documentary evidence of

financial security issued by a financial security provider.

A copy shall be posted in a conspicuous place on board

where it is available to the seafarers. Where more than one

financial security provider provides cover, the document

provided by each provider shall be carried on board.

(3) Assistance provided by the financial security

system shall be sufficient to cover the following

(a)

outstanding

wages

and

other

entitlements due from the shipowner to the seafarer

under their employment agreement, the relevant

collective bargaining agreement or these rules,

limited to four months of any such outstanding

wages and four months of any such outstanding

entitlements;

(b) all expenses reasonably incurred by the

seafarer, including the cost of repatriation referred to

in paragraph (4); and

(c)

the essential needs of the seafarer

including such items as: adequate food, clothing

where necessary, accommodation, drinking water

supplies, essential fuel for survival on board the

ship, necessary medical care and any other

reasonable costs or charges from the act or omission

constituting the abandonment until the seafarer’s

arrival at home.

(4) The cost of repatriation shall cover travel by

appropriate and expeditious means, normally by air, and

include provision for food and accommodation of the

seafarer from the time of leaving the ship until arrival at

the seafarer’s home, necessary medical care, passage and

transport of personal effects and any other reasonable

costs or charges arising from the abandonment.

(5) The financial security shall not cease before the

end of the period of validity of the financial security

unless the financial security provider has given prior

notification of at least 30 days to the Registrar General.

(6) If the provider of insurance or other financial

security has made any payment to any seafarer in

accordance with this rule, such provider shall, up to the

amount it has paid and in accordance with the applicable

law, acquire by subrogation, assignment or otherwise, the

rights which the seafarer would have enjoyed.

(7) Nothing in this rule shall prejudice any right of

recourse of the insurer or provider of financial security

against third parties.".

In rule 86 of the principal rules, immediately after the

definition "certifying authority" there shall be added the following

new definition

" "crew accommodation" includes such sleeping rooms,

mess rooms, sanitary accommodation, hospital accommodation

and recreation accommodation as are provided for the use of the

crew;".

Rule 92 of the principal rules shall be amended as follows: Amends rule 92

of the principal

rules.

(a)

sub-rule (6) thereof shall be substituted by the

following new sub-rule

"(6) Every permanent hospital shall be provided

with adequate number of berths."; and

(b) in sub-rule (12) thereof, immediately after the words

"Third Schedule" there shall be added the words "and the

requirements of paragraphs 2 and 3 of the Fourth Schedule and

Appendices II, III and IV".

In rule 93(1)(b) of the principal rules, the words "(but not Amends rule 93

of the principal

sited in)" shall be deleted.

rules.

The first paragraph of rule 109(4) (excluding the provisos Amends rule 109

thereof) of the principal rules shall be deleted and substituted by the of

rules.

following new paragraph

"(4) Ships operating with a prescribed manning of less

than ten which, by virtue of the size of the crew or the trading

pattern, may not be required by the competent authority to carry

a fully qualified cook:".

Immediately after rule 113 of the principal rules there shall Adds new rule

113A to the

be added the following new rule 113A

principal rules.

113A. (1) The system of financial security to

" Shipowners’

liability.

assure compensation for contractual claims, shall meet the

following minimum requirements

(a)

the contractual compensation, where set

out in the seafarer’s employment agreement and

without prejudice to paragraph (c) hereof, shall be

paid in full and without delay;

(b) there shall be no pressure to accept a

payment less than the contractual amount;

(c)

where the nature of the long-term

disability of a seafarer makes it difficult to assess the

full compensation to which the seafarer may be

entitled, an interim payment or payments shall be

made to the seafarer so as to avoid undue hardship;

(d) the seafarer shall receive payment

without prejudice to other legal rights, but such

payment may be offset by the shipowner against any

damages resulting from any other claim made by the

seafarer against the shipowner and arising from the

same incident; and

(e)

the claim for contractual compensation

may be brought directly by the seafarer concerned,

or their next of kin, or a representative of the

seafarer or designated beneficiary.

(2) Seafarers shall receive prior notification if a

shipowner’s financial security is to be cancelled or

terminated.

(3) The Registrar General shall be notified by the

provider of the financial security if a shipowner’s

financial security is cancelled or terminated.

(4) All ships to which these rules apply shall carry

on board a certificate or other documentary evidence of

financial security issued by a financial security provider.

A copy shall be posted in a conspicuous place on board

where it is available to the seafarers. Where more than one

financial security provider provides cover, the document

provided by each provider shall be carried on board.

(5) The financial security shall not cease before the

end of the period of validity of the financial security

unless the financial security provider has given prior

notification of at least 30 days to the Registrar General.

(6) The financial security shall provide for the

payment of all contractual claims covered by it which

arise during the period for which the document is valid.".

Appendix I of the Third Schedule to the principal rules

shall be amended as follows

(a)

in paragraph 1.1.2. thereof the word "wholly" shall

be deleted;

(b) in paragraph 1.2.1. thereof for the words "suitable

screens to sidescuttles, ventilators and doors" there shall be

substituted the words "appropriate protection devices as

required by the competent authority";

(c)

the proviso to paragraph 17.4. thereof shall be

deleted; and

(d)

immediately after paragraph 21.2., for the words

"21.2." there shall be substituted the words "21.3.".

Appendix II of the Third Schedule to the principal rules Amends

Appendix II of

shall be amended as follows

the Third

Schedule to the

principal rules.

(a)

in paragraph 1.1.2. thereof the word "wholly" shall

be deleted; and

(b) in paragraph 1.2.1. thereof for the words "suitable

screens to sidescuttles, ventilators and doors" there shall be

substituted the words "appropriate protection devices as

required by the competent authority";.

Immediately after paragraph 7.4. of the Fourth Schedule to Amends the

the principal rules, there shall be added the following new paragraph: Fourth

to the principal

rules.

"7.5. Every permanent hospital shall be provided with

adequate number of berths.".

B

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