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Work in Fishing Convention Regulations, 2020
Table of Provisions (90)
Statutory Text (90 Articles)
L.N. 182 of 2020
FISHERIES CONSERVATION AND MANAGEMENT ACT
(CAP. 425)
Work in Fishing Convention Regulations, 2020
IN EXERCISE of the powers conferred upon him by article
38(2)(w) of the Fisheries Conservation and Management Act, the
Minister responsible for fisheries, has made the following regulations
(1) The title of these regulations is the Work in Fishing
Convention Regulations, 2020.
(2) The scope of these regulations is to implement the
provisions found under European Union Council Directive (EU) 2017/
159 and the provisions under the Work in Fishing Convention, 2007
(No. 188) issued by the International Labour Organization.
FISHING VESSEL ACCOMMODATION
GENERAL PROVISIONS
1. This Schedule applies without prejudice to Directive 92/29/
EEC and Directive 93/103/EC.
2. For the purposes of this Schedule
(a) "Agreement" means the Agreement concluded by the
General Confederation of Agricultural Cooperatives in the
European Union (Cogeca), the European Transport Workers’
Federation (ETF), and the Association of National Organisations
of Fishing Enterprises in the European Union (Europêche) of 21
May 2012 concerning the implementation of the Work in Fishing
Convention, 2007 of the International Labour Organization;
"new fishing vessel" means a vessel for which
(b)
(i) the building or major conversion contract has
taken place on or after the date of the entry into force of the
Agreement; or
(ii) the building or major conversion contract has
taken place before the date of the entry into force of the
Agreement, and which is delivered three years or more
after that date; or
(iii) in the absence of a building contract, on or after
the date of the entry into force of the Agreement
(a)
the keel is laid;
(b) construction identifiable with a specific
vessel commences;
(c) assembly has commenced comprising at
least fifty tonnes or one percent of the estimated mass
of all structural material, whichever is less; or
(d) "existing vessel" means a vessel that is
not a new fishing vessel.
3. The following shall apply to all new, decked fishing
vessels, subject to any exclusions provided for in accordance with
Article 3 of the Agreement. The competent authority may, after
consultation, also apply the requirements of this Schedule to existing
vessels, when and in so far as it determines that this is reasonable and
practicable.
4. The competent authority, after consultation, may permit
variations to the provisions of this Schedule for fishing vessels
normally remaining at sea for less than twenty-four hours, where the
fishermen do not live on board the vessel whilst in the port. In the case
of such vessels, the competent authority shall ensure that the fishermen
concerned have adequate facilities for resting, eating and sanitation
purposes.
5. The requirements for vessels of twenty-four metres in
length and over may be applied to vessels between fifteen and twenty-
four metres in length where the competent authority determines, after
consultation, that this is reasonable and practicable.
6. Fishermen working on board feeder vessels which do not
have appropriate accommodation and sanitary facilities shall be
provided with such accommodation and facilities on board the mother
vessel.
7. Member States may extend the requirements of this
Schedule regarding noise and vibration, ventilation, heating and air
conditioning, and lighting to enclosed working spaces and spaces used
for storage if, after consultation, such application is considered
appropriate and will not have a negative influence on the functioning
of the process or working conditions or the quality of the catches.
PLANNING AND CONTROL
8. The competent authority shall satisfy itself that, on every
occasion when a vessel is newly constructed, or the crew
accommodation of a vessel has been reconstructed, such vessel
complies with the requirements of this Schedule. The competent
authority shall, to the extent practicable, require compliance with this
Schedule, when the crew accommodation of a vessel is substantially
altered and, for a vessel that changes the flag that it flies to the flag of
a Member State, require compliance with those requirements of this
Schedule that are applicable in accordance with paragraph 3.
9. For the instances specified in paragraph 8, for vessels of
twenty-four metres in length and over, detailed plans and information
concerning accommodation shall be required to be submitted for
approval to the competent authority, or an entity authorized by it.
10. For vessels of twenty-four metres in length and over, on
every occasion when the crew accommodation of the fishing vessel
has been reconstructed or substantially altered, the competent
authority shall inspect the accommodation for compliance with the
requirements of the Agreement, and when the vessel changes the flag
that it flies to a flag of a Member State, for compliance with those
requirements of this Schedule that are applicable in accordance with
paragraph 3. The competent authority may carry out additional
inspections of crew accommodation at its discretion.
11. When a vessel changes its flag to a Member State flag, or is
registered under a Member State’s plenary jurisdiction, any alternative
requirements which the competent authority of a non EU Member
State whose flag the ship was formerly flying may have adopted in
accordance with paragraphs 15, 39, 47 or 62 of Annex III to C188,
shall cease to apply to the vessel.
DESIGN AND CONSTRUCTION
12. There shall be adequate headroom in all accommodation
spaces. For spaces where fishermen are expected to stand for
prolonged periods, the minimum headroom shall be prescribed by the
competent authority.
13. For vessels of twenty-four metres in length and over, the
minimum permitted headroom in all accommodation where full and
free movement is necessary, shall not be less than two hundred
centimetres.
14. There shall be no direct openings into sleeping rooms from Openings into
fish rooms and machinery spaces, except for the purpose of emergency and
accommodation
escapes. Where reasonable and practicable, direct openings from spaces.
galleys, storerooms, drying rooms or communal sanitary areas shall be
avoided, unless expressly provided otherwise.
15. For vessels of twenty-four metres in length and over, there
shall be no direct openings, except for the purpose of emergency
escapes, into sleeping rooms from fish rooms and machinery spaces, or
from galleys, storerooms, drying rooms or communal sanitary areas;
that part of the bulkhead separating such places from sleeping rooms
and external bulkheads shall be efficiently constructed of steel or
another approved material and shall be watertight and gas-tight. This
provision does not exclude the possibility of sanitary areas being
shared between two cabins.
INSULATION
16. Accommodation spaces shall be adequately insulated; the
materials used to construct internal bulkheads, panelling and sheeting,
and floors and joinings shall be suitable for the purpose and shall be
conducive to ensuring a healthy environment. Sufficient drainage shall
be provided in all accommodation spaces.
17. All practicable measures shall be taken to protect fishing
vessels’ crew accommodation against flies and other insects,
particularly when vessels are operating in mosquito-infested areas.
18. Emergency escapes from all crew accommodation spaces
shall be provided as necessary.
NOISE AND VIBRATION
19. Paragraph 20 applies without prejudice to Directive 2003/
10/EC and Directive 2002/44/EC.
20. The competent authority shall adopt standards for noise and
vibration in accommodation spaces which shall ensure adequate
protection to fishermen from the effects of such noise and vibration,
including the effects of noise and vibration-induced fatigue.
VENTILATION
21. Accommodation spaces shall be ventilated, taking into
account climatic conditions. The system of ventilation shall constantly
supply fresh air in a satisfactory condition whenever fishermen are on
board.
22. Ventilation arrangements or other measures shall be such
as to protect non-smokers from tobacco smoke.
23. Vessels of twenty-four metres in length and over shall be
equipped with a system of ventilation for accommodation, which shall
be controlled so as to maintain the air in a satisfactory condition and to
ensure sufficiency of air movement in all weather conditions and
climates. Ventilation systems shall be in operation at all times when
fishermen are on board.
HEATING AND AIR CONDITIONING
24. Accommodation spaces shall be adequately heated, taking
into account climatic conditions.
25. For vessels of twenty-four metres in length and over,
adequate heat shall be provided, through an appropriate heating
system, except in fishing vessels operating exclusively in tropical
climates. The system of heating shall provide heat in all conditions, as
necessary, and shall be in operation when fishermen are living or
working on board, and when conditions so require.
26. For vessels of twenty-four metres in length and over, with
the exception of those regularly engaged in areas where temperate
climatic conditions do not require it, air conditioning shall be provided
in accommodation spaces, the bridge, the radio room and any
centralized machinery control room.
LIGHTING
27. All accommodation spaces shall be provided with adequate
light.
28. Wherever practicable, accommodation spaces shall be lit
with natural light in addition to artificial light. Where sleeping spaces
have natural light, a means of blocking the light shall be provided.
29. Adequate reading light shall be provided for every berth in
addition to the normal lighting of the sleeping room.
30. Emergency lighting shall be provided in sleeping rooms.
31. Where a vessel is not fitted with emergency lighting in
mess rooms, passageways, and any other spaces that are or may be
used for emergency escape, permanent night lighting shall be provided
in such spaces.
32. For vessels of twenty-four metres in length and over,
lighting in accommodation spaces shall meet a standard established by
the competent authority. In any part of the accommodation space
available for free movement, the minimum standard for such lighting
shall be such as to permit a person with normal vision to read an
ordinary printed newspaper on a clear day.
SLEEPING ROOMS
General
33. Where the design, dimensions or purpose of the vessel
allow, the sleeping accommodation shall be located so as to minimize
the effects of motion and acceleration, but shall in no case be located
forward of the collision bulkhead.
Floor area
34. The number of persons per sleeping room and the floor area
per person, excluding space occupied by berths and lockers, shall be
such as to provide adequate space and comfort for the fishermen on
board, taking into account the service of the vessel.
35. For vessels of twenty-four metres in length and over, but
which are less than forty-five metres in length, the floor area per
person of sleeping rooms, excluding space occupied by berths and
lockers, shall not be less than one point five square metres.
36. For vessels of forty-five metres in length and over, the floor
area per person of sleeping rooms, excluding space occupied by berths
and lockers, shall not be less than two square metres.
Persons per sleeping room
37. To the extent not expressly provided otherwise, the number
of persons allowed to occupy each sleeping room shall not be more
than six.
38. For vessels of twenty-four metres in length and over, the
number of persons allowed to occupy each sleeping room shall not be
more than four. The competent authority may permit exceptions to this
requirement in particular cases if the size, type or intended service of
the vessel makes the requirement unreasonable or impracticable.
39. To the extent not expressly provided otherwise, a separate
sleeping room or sleeping rooms shall be provided for officers,
wherever practicable.
40. For vessels of twenty-four metres in length and over,
sleeping rooms for officers shall be for one person wherever possible,
and in no case shall the sleeping room contain more than two berths.
The competent authority may permit exceptions to the requirements of
this paragraph in particular cases if the size, type or intended service of
the vessel makes the requirements unreasonable or impracticable.
Other
41. The maximum number of persons to be accommodated in
any sleeping room shall be legibly and indelibly marked in a place in
the room where it can be conveniently seen.
42. Individual berths of appropriate dimensions shall be
provided. Mattresses shall be of a suitable material. Local lighting
shall be provided in each berth.
43. For vessels of twenty-four metres in length and over, the
minimum inside dimensions of the berths shall not be less than one
hundred and ninety-eight by eighty centimetres.
44. Sleeping rooms shall be so planned and equipped as to
ensure reasonable comfort for the occupants and to facilitate tidiness.
Equipment provided shall include berths, individual lockers sufficient
for clothing and other personal effects, and a suitable writing surface.
45. For vessels of twenty-four metres in length and over, a desk
suitable for writing, with a chair, shall be provided.
46. Sleeping accommodation shall be situated or equipped, as
practicable, so as to provide appropriate levels of privacy for men and
for women.
MESS ROOMS
47. Mess rooms shall be as close as possible to the galley, but
in no case shall be located forward of the collision bulkhead.
48. Vessels shall be provided with mess room accommodation
suitable for their service. To the extent not expressly provided
otherwise, mess room accommodation shall be separate from sleeping
quarters, where practicable.
49. For vessels of twenty-four metres in length and over, mess
room accommodation shall be separate from sleeping quarters.
50. The dimensions and equipment of each mess room shall be
sufficient for the number of persons likely to use it at any one time.
51. For vessels with a length between perpendiculars (LBP) of
fifteen metres or over, a refrigerator of sufficient capacity and facilities
for making hot and cold drinks shall be available and accessible to
fishermen at all times.
TUBS OR SHOWERS, TOILETS AND WASHBASINS
52. Sanitary facilities, which include toilets, washbasins, and
tubs or showers, shall be provided for all persons on board, as
appropriate for the service of the vessel. These facilities shall meet at
least minimum standards of health and hygiene and reasonable
standards of quality.
53. The sanitary accommodation shall be such as to eliminate
contamination of other spaces. The sanitary facilities shall allow for
reasonable privacy.
54. Hot and cold running fresh water shall be available to all
fishermen and other persons on board, in sufficient quantities to allow
for proper hygiene. The competent authority may establish, after
consultation, the minimum amount of water to be provided.
55. Where sanitary facilities are provided, they shall be fitted
with ventilation to the open air, independent of any other part of the
accommodation.
56. All surfaces in sanitary accommodation shall be such as to
facilitate easy and effective cleaning. Floors shall have a non-slip deck
covering.
57. On vessels of twenty-four metres in length and over, for all
fishermen who do not occupy rooms to which sanitary facilities are
attached, there shall be provided at least one tub or shower or both, one
toilet, and one washbasin for every four persons or fewer.
LAUNDRY FACILITIES
58. Amenities for washing and drying clothes shall be provided
as necessary, taking into account the service of the vessel, except to the
extent expressly provided otherwise.
59. For vessels of twenty-four metres in length and over,
adequate facilities for washing, drying and ironing clothes shall be
provided.
60. For vessels of forty-five metres in length and over,
adequate facilities for washing, drying and ironing clothes shall be
provided in a compartment separate from sleeping rooms, mess rooms
and toilets, and shall be adequately ventilated, heated and equipped
with lines or other means for drying clothes.
FACILITIES FOR SICK AND INJURED FISHERMEN
61. In addition to the requirements of Directive 92/29/EEC a
cabin shall be made available for a fisherman who suffers from illness
or injury, whenever necessary.
62. Instead of the requirement laid down in article 2(3) of
Directive 92/29/EEC the following applies: on vessels over five
hundred gross registered tonnes (GRT) on which fifteen or more
fishermen are engaged on a voyage of more than three days, and on
fishing vessels of forty-five metres in length or over, regardless of
crew size and duration of voyage, there shall be a separate sick bay in
which medical treatment can be administered. The space shall be
properly equipped and shall be maintained in a hygienic state.
OTHER FACILITIES
63. A place for hanging foul-weather gear and other personal
protective equipment shall be provided outside of, but convenient to,
sleeping rooms.
BEDDING, MESS UTENSILS AND MISCELLANEOUS
PROVISIONS
64. Appropriate eating utensils, and bedding and other linen
shall be provided to all fishermen on board. However, the cost of the
linen can be recovered as an operational cost if the collective
agreement or the fisherman’s work agreement so provides.
RECREATIONAL FACILITIES
65. For vessels of twenty-four metres in length and over,
appropriate recreational facilities, amenities and services shall be
provided for all fishermen on board. Where appropriate, mess rooms
may be used for recreational activities.
COMMUNICATION FACILITIES
66. All fishermen on board shall be given reasonable access to
communication facilities, to the extent practicable, at a reasonable cost
and not exceeding the full cost for the fishing vessel owner.
GALLEY AND FOOD STORAGE FACILITIES
67. Cooking equipment shall be provided on board. Except to
the extent expressly provided otherwise, this equipment shall be fitted,
where practicable, in a separate galley.
68. The galley or cooking area where there isn’t provided a
separate galley, shall be of adequate size for the purpose, well lit and
ventilated, and properly equipped and maintained.
69. For vessels of twenty-four metres in length and over, there
shall be a separate galley.
70. The containers of butane or propane gas used for cooking
purposes in a galley shall be kept on the open deck, and in a shelter
which is designed to protect them from external heat sources and
external impact.
71. A suitable place for provisions of adequate capacity shall
be provided which can be kept dry, cool and well ventilated in order to
avoid deterioration of the stores, and except to the extent expressly
provided otherwise, refrigerators or other low temperature storage
shall be used, where possible.
72. For vessels with a length between perpendiculars (LBP) of
fifteen metres or over, a provisions storeroom and refrigerator and
other low-temperature storage shall be used.
FOOD AND POTABLE WATER
73. Food and potable water shall be sufficient, having regard to
the number of fishermen, and the duration and nature of the voyage. In
addition, they shall be suitable in respect of nutritional value, quality,
quantity and variety, having regard as well to the fishermen’s religious
requirements and cultural practices in relation to food.
74. The competent authority may establish requirements for the
minimum standards and quantity of food and water to be carried on
board.
CLEAN AND HABITABLE CONDITIONS
75. Accommodation shall be maintained in a clean and
habitable condition and shall be kept free of goods and stores which
are not the personal property of the occupants, or intended for their
safety or rescue.
76. Galley and food storage facilities shall be maintained in a
hygienic condition.
77. Waste shall be kept in closed, well-sealed containers and
removed from food handling areas, whenever necessary.
MEDICAL CERTIFICATES
78. Without prejudice to the provisions on medical certificates
found in the principal regulations, the medical certificates of fishermen
on a fishing vessel of twenty-four metres in length or over who are
under the age of eighteen shall be valid for a maximum period of one
year.
MANNING
79. In relation to vessels of twenty-four metres in length or
over, the competent authority shall establish a minimum level of
manning for the safe navigation of the vessel, specifying the number
and the qualifications of the fishermen required.
80. The competent authority, after consultation, may establish
alternative requirements to those found in article 79 of this Schedule,
however the competent authority shall be satisfied that the alternative
(i) is conducive to the full achievement of the
general object and purpose of article 79 of this Schedule
and of the general provisions on hours of work and hours of
rest in the principal regulations;
(ii)
gives effect to article 79 of this Schedule; and
(iii) shall not jeopardise the safety and health of the
fishermen.
INSPECTIONS BY THE SKIPPER OR UNDER THE
AUTHORITY OF THE SKIPPER
81. (a) For vessels of twenty-four metres in length and over,
the competent authority shall require frequent inspections to be carried
out, by or under the authority of the skipper, to ensure that
(i) accommodation is clean, decently habitable and
safe, and is maintained in a good state of repair;
(ii)
food and water supplies are sufficient; and
(iii) galley and food storage spaces and equipment
are hygienic and in a proper state of repair.
(b) The results of such inspections and the actions taken
to address any deficiencies found, shall be recorded and
available for review.
VARIATIONS
82. The competent authority, after consultation, may permit
derogations from the provisions in this Schedule to take into account,
without discrimination, the interests of fishermen having differing and
distinctive religious and social practices, on condition that such
derogations do not result in overall conditions less favourable than
those which would result from the application of this Schedule.
SCHEDULE II
SCHEDULE III
In these regulations, unless the context otherwise requires
''the Act'' means the Fisheries Conservation and
Management Act;
''basic pay'' or ''wages'' means the pay, however composed,
for normal hours of work, but does not include overtime worked,
bonuses, allowances, paid leave or any other additional
remuneration;
"commercial fishing" means all fishing operations with the
exception of subsistence fishing and recreational fishing;
"competent authority" means the Department of Fisheries
and Aquaculture;
''consolidated wage'' means a wage or salary which
includes the basic pay and other pay-related benefits including
compensation for all overtime hours worked and all other pay-
related benefits;
"consultation" means consultation by the competent
authority with the representative organization of employers and
workers concerned, and in particular the representative
organization of fishing vessel owners and fishermen, where they
exist;
"Council Directive 2017/159" means Council Directive
(EU) 2017/159 of 19 December 2016 implementing the
Agreement concerning the implementation of the Work in
Fishing Convention, 2007 of the International Labour
Organisation, concluded on 21 May 2012 between the General
Confederation of Agricultural Cooperatives in the European
Union (Cogeca), the European Transport Workers’ Federation
(ETF) and the Association of National Organisations of Fishing
Enterprises in the European Union (Europêche);
"crew member" means any fisherman or master and any
other person serving on that vessel;
"fisherman" means every person employed or engaged or
working in any capacity on board any fishing vessel under the
conditions laid down under Regulation 3, but excluding port
pilots and shore personnel carrying out work on board a fishing
vessel at the quay side;
"fisherman’s work agreement" means a contract of
employment, articles of agreement or other similar
arrangements, or any other contract governing a fisherman’s
living and working conditions on board a fishing vessel;
"fishing operation" means catching, or catching and
processing, of fish or other living resources of the sea;
"fishing vessel" or "vessel" means any ship or boat, flying
the flag of a Member State or registered under the plenary
jurisdiction of a Member State, of any nature whatsoever,
irrespective of the form of ownership, used or intended to be
used for the purpose of commercial fishing;
"fishing vessel owner" or "owner" means the owner of the
fishing vessel, or of another organisation or person, such as a
manager, agent or the bareboat charterer, who has assumed the
responsibility for the operation of the vessel from the owner and
who, on assuming such responsibility, has agreed to take over the
duties and responsibilities imposed on the fishing vessel owners
in accordance with these regulations, regardless of whether any
other person fulfils any of the duties or responsibilities on behalf
of the fishing vessel owner;
"hours of rest" means time outside hours of work and does
not include short breaks;
"hours of work" means time during which a fisherman is
required to do work on account of the vessel;
"international voyage" means a voyage from a state to a
port outside such a state;
"length (L)" shall be taken as ninety-six per cent of the total
length on a waterline at eighty-five per cent of the least moulded
depth measured from the keel line, or as the length from the
foreside of the stem to the axis of the rudder stock on that
waterline, if this is greater; in vessels designed with rake of keel,
the waterline on which this length is measured shall be parallel to
the designed waterline;
"length between perpendiculars (LBP)" means the distance
between the forward and the backward perpendiculars; the
forward perpendicular shall be coincident with the foreside of
the stem on the waterline on which the length (L) is measured;
the backward perpendicular shall be coincident with the axis of
the rudder stock on that waterline;
"master" shall have the same meaning assigned to it in the
Act;
"medical practitioner" means a duly qualified medical
practitioner as established under the Health Care Professions
Act;
"night" means a period
(a) the duration of which is not less than nine
consecutive hours; and
(b) which includes the period between midnight
and five a.m.;
''overtime'' means time worked in excess of the normal
hours of work;
"private employment agency" means any person, company,
institution, agency or other organization in the private sector
engaged in employing or engaging fishermen, with a view to
making them available to fishing vessel owners, who assign their
tasks and supervise the execution of these tasks.
"recruitment and placement service" means any person,
company, institution, agency or other organisation, in the public
or the private sector, which is engaged in recruiting fishermen on
behalf of, or placing fishermen with, fishing vessel owners;
"safe manning document" means a document prescribing
the minimum safe manning considered necessary for the
sufficient and efficient manning of the vessel from the point of
view of safety of life at sea and pollution prevention, issued in
the case of a Maltese vessel by the competent authority, and in
the case of any other vessel, by or on behalf of the Government
of the state whose flag the vessel is entitled to fly;
"unit" means that any reference to any fine (multa) that
may be imposed under these regulations shall be equivalent to
two euro and thirty-three cents or to such other sum as the
Minister, with the concurrence of the Minister responsible for
justice, may by means of a decree determine from time to time,
and differed equivalences may be determined for different
provisions of the Act or for different provisions in regulations
made under the Act.
(1)
Subject to sub-regulation (2), these regulations shall Applicability.
apply to
(a) all fishermen working in any capacity under a
contract of employment or in an employment relationship on all
fishing vessels engaged in commercial fishing;
(b) all other fishermen who are present on the same
vessel with fishermen referred to in paragraph (a).
(2)
These regulations shall apply to all fishing vessels,
Provided that in case of doubt as to whether any
categories of persons are to be regarded as fishermen, or as to
whether any vessels are to be considered as fishing vessels under
these regulations, the matter shall be determined by the competent
authority, following consultation with the Board, as established
under the Act.
Nothing in these regulations shall affect any law, award or
custom, or any other agreement between fishing vessel owners and
fishermen, which ensures more favourable conditions to fishermen
than those provided for under these regulations.
Responsibilities of Fishing Vessel Owners, Masters and Fishermen
.5 .
Every vessel owner shall ensure that
Responsibilities
of vessel owners
with regard to
(a) fishermen employed on his vessels have the
work agreements
of fishermen.
protection of a fisherman’s work agreement that is
comprehensible to them and is consistent with the provisions of
these regulations;
(b) the work agreements of the fishermen include the
minimum particulars in accordance with the provisions in
Schedule I;
(c) a copy of the work agreement of fishermen shall be
provided to the fisherman, shall be carried on board and be
available to the fishermen on request; and
(d) each fisherman has a written fisherman’s work
agreement, which is signed by all parties to that agreement, and
which provides the fisherman with decent work and living
conditions on board the vessel as required by these regulations.
FISHERMAN’S WEEKLY RATION
Food
Standard Ration
Substitutes
Remarks
per man per week
BREAD
3.175kg
DAIRY PRODUCTS
Milk
3.98L or 1.989L
113g cheese can
Only half the ration
evaporated or 397g
replace 283g (284ml)
of milk should be
Fresh or evaporated or dried
dried skim
milk
replaced by cheese at
skim
any one time.
Cheese
113g
Eggs, fresh
14g dehydrated egg
can replace one fresh
egg
FRUITS
Oranges or grapefruits juice
567g
Vitaminized apple
113g allowed per
juice blended with
day
orange and grapefruit
juice, 1 orange or ½
grapefruit (fresh) can
replace 113g fruit
juice
Canned tomatoes
454g
Tomato juice
May be used cold or
hot as a vegetable or
combined with other
foods in cooking
Fresh fruit (when available)
567g
or canned fruit
Dried fruits
142g
57g dried fruit can
Dried fruits should
replace 113g canned
be raisins, currants,
fruit or fresh fruit
figs, prunes, apples,
pears, peaches,
apricots
VEGETABLES
Potatoes
3.175kg
An equal amount of
sweet potatoes,
canned potatoes or
canned vegetables.
76g dehydrated
potatoes can replace
454g fresh potatoes
Onions
227g
14g dehydrated
Fresh, stored or dried
onions can replace ½
in season
the fresh onions or
227g of other canned
or fresh vegetables
can replace 227g
onions
Canned or fresh
1.814kg
28g dehydrated can
A variety of fresh,
replace 227g fresh or
canned or
canned. 113g dried
dehydrated
can replace 227g
vegetables should be
fresh or canned.
used. Dried
vegetables may be
navy beans, lima
beans, kidney beans,
whole dried peas,
split peas or lentils
MEATS
Fresh/frozen
3.175kg
For each 27g fresh
The term "meat"
meat, one of the
includes all types.
following
The weight of the
substitutions may be
fresh meat is the
made
weight including fat
170g canned meat
and bone before
151g salt meat
cooking preparation
170g fresh fish
113g canned fish
113g dried fish
113g bacon
Bacon or Ham
283g
CEREAL
Flour
2.381kg
680g bread can
replace 454g flour
Oatmeal
170g (dry weight)
An equal quantity of
For the ready-to-
one of the following
serve cereals, special
rolled oats, cracked
preference to those
wheat, rolled wheat,
labelled on the
ready-to-serve cereals
package as whole
grain should be
given
Rice or Pasta
340g
FATS
Butter,
454g
Including for
cooking purposes
Lard or Shortening
113g
SUGARS
Sugar
794g
Includes granulated,
brown and icing,
includes for cooking
purposes
Jam
227g
An equal quantity of
one of the following
marmalade, honey,
peanut butter
Syrup
57g
Molasses
BEVERAGES
Tea
114g
28g coffee can
replace 14g tea
Water
45L
For drinking,
culinary and dish
washing
MISCELLANEOUS
Cocoa or Chocolate
85g
Salt
57g
Pepper
7g
Tomato paste
100g
Mustard
7g
Spices
7g
Includes all varieties
of spices
Flavourings
14g
Includes all varieties
of flavourings
Baking powder
As acquired
Baking soda
As acquired
Biscuits
As acquired
Gelatine or jelly powder
As acquired
Sauces and pickles
As acquired
Vinegar
As acquired
Yeast
As acquired
When an item of food is substituted for an item in the Schedule, the substituted
item shall be taken from the same food group indicated in the Schedule.
€4.77
Kull sid ta’ bastiment għandu jiżgura li
Responsab-
biltajiet tas-
sidien tal-
(a) is-sajjieda li jaħdmu fuq il-bastimenti tiegħu
bastimenti fir-
rigward tal-
għandhom il-protezzjoni ta’ ftehim tax-xogħol tas-sajjieda li
ftehim ta’
jistgħu jifmuh u li huwa konsistenti mad-dispożizzjonijiet ta’
xogħol tas-
sajjieda.
dawn ir-regolamenti;
(b) il-ftehim tax-xogħol tas-sajjieda għandhom jinkludu
l-kriterji minimi skont id-dispożizzjonijiet li jinsabu fi Skeda I;
(c) kopja tal-ftehim tax-xogħol tas-sajjieda għandha tkun
ipprovduta lis-sajjieda, u għandha tkun miżmuma abbord u tkun
disponibbli għas-sajjieda meta mitluba; u
(d) kull sajjied għandu jkollu ftehim tax-xogħol tas-
sajjieda bil-miktub, li għandu jkun iffirmat mill-partijiet kollha
għal dak il-ftehim, u li jipprovdi lis-sajjieda b’xogħol u
kundizzjonijiet tal-għajxien deċenti abbord il-bastiment, skont
kif meħtieġ minn dawn ir-regolamenti.
Every vessel owner shall ensure that
(a) every fisherman assigned to his vessel holds
appropriate certificates in respect of any duty the fisherman is to
perform;
(b) documentation and data relevant to all fishermen
employed on his fishing vessels are maintained and readily
available for inspection and include, inter alia, documentation
and data on their experience in training, medical fitness and their
competency in assigned duties; and
(c) the master is provided with all the necessary
resources and facilities to comply with the obligations of these
regulations.
(1) The owner shall provide written instructions to the
master setting out the policies and the procedures to be followed to
ensure that all fishermen engaged on board the vessel are given a
reasonable opportunity to become familiar with the equipment on
board the vessel, operational and safety procedures, including other
arrangements needed for the proper performance of their duties,
before being assigned to such duties.
(2) The policies and procedures referred to in sub-regulation
(1) shall include
(a) allocation of a reasonable period of time during
which the fishermen will have an opportunity to become
acquainted with
(i) the specific equipment the fishermen will be
operating; and
(ii) vessel
specific
watch-keeping,
safety,
environmental protection and emergency procedures and
arrangements the fishermen needs to know to perform the
assigned duties properly;
(b) designation of a knowledgeable crew member who
will be responsible for ensuring that an opportunity is provided
to each newly employed fisherman to receive essential
information in a language that the fisherman understands.
(3) It shall be the duty of any master and any crew member
designated with an obligation under sub-regulation (2) to carry out that
obligation.
(1)
It shall be the duty of the owner to ensure that
Safe manning
document.
(a) a safe manning document is in force in respect of
the fishing vessel and the manning of the vessel;
(b) the safe manning document is kept on board the
fishing vessel at all times; and
(c) the manning of the fishing vessel is maintained at all
times to at least the levels specified in the safe manning
document.
(2) The master of any fishing vessel to which these regulations
apply shall ensure that the fishing vessel does not proceed to sea unless
there is on board a valid safe manning document issued in respect of
the fishing vessel and the manning of the fishing vessel complies with
that document.
(3) It shall be the duty of the owner applying for a safe
manning document in respect of any Maltese vessel to submit to the
competent authority any information that may be required for the issue
of such document.
(4) It shall be the duty of the owner after issuing a safe
manning document to inform the competent authority, as soon as there
is any change of circumstances which are pertinent to that safe
manning document.
(5) Notwithstanding the provisions of these regulations and
without prejudice to any other duties and responsibilities of the master
and of the owner, it shall be the duty of the said master and owner to
ensure that from the point of view of safety of life at sea and pollution
prevention, the fishing vessel is sufficiently and efficiently manned.
(1) The master of a fishing vessel shall ensure that an
appropriate and effective watch is at all times maintained for the
purposes of safe navigation and the health and safety of the
fishermen.
(2) Without prejudice to the duties of the master provided by
sub-regulation (1), the master shall give directions to the fishermen
responsible for navigating the vessel safely during their periods of
duty.
(1)
The master shall ensure
(a)
supervision is provided;
(b) fishermen perform their work in the best conditions
of health and safety;
(c) fishermen are managed in a manner which respects
their health and safety, including prevention of fatigue;
(d) compliance with safety of navigation, watch keeping
and associated good seamanship standards;
(e)
on-board occupational health and safety awareness
training are facilitated.
(2) The master shall not be constrained by the owner from
taking any decision which, in the professional judgement of the
master, is necessary for the safety of the fishermen on board, or the
vessel and its safe navigation and safe operation.
Fishermen shall comply with the lawful orders of the
master and applicable health and safety measures.
Subject to the provisions of this regulation and
notwithstanding the provisions of any other law, regulation, rule and
order made or deemed to be made thereunder, no person under the age
of sixteen years shall be employed on any Maltese vessel;
Provided that, the competent authority may under certain
conditions, authorise persons aged fifteen years who are no longer
subject to compulsory schooling and are engaged in vocational
training in fishing, to be employed on a fishing vessel;
Provided further that, the minimum age for assignment to
activities on board fishing vessels, which by their nature or the
circumstances in which they are carried out are likely to jeopardize the
health, safety, physical, mental or social development, education or
morals of young persons, shall not be less than eighteen years;
Provided further that, all persons aged under eighteen years
may be employed on board a fishing vessel on condition that the
health, safety, physical, mental and social development, education and
morals of the young persons concerned are fully protected and that the
young persons concerned have received adequate specific instruction
or vocational training and have completed basic pre-sea safety
training.
(1) Notwithstanding the provisions of the Young Night work.
Persons (Employment) Regulations, no fisherman under the age of S.L. 452.92.
eighteen years shall work at night.
(2) A fishermen aged sixteen or seventeen years may work at
night when
(a) the work forms part of an established programme of
training, the effectiveness of which would be impaired by the
prohibition in sub-regulation (1); or
(b) the specific nature of the duty or a recognised training
programme requires that the fishermen covered by the exception
perform duties at night, and the competent authority determines,
after consultation with the Board as established under the Act,
that the work will not be detrimental to their health or well-
being.
Medical Certificate and Examination
(1) Subject to the provisions of this regulation, no person Medical
shall be employed in any capacity on any Maltese vessel, unless there certificate.
has been delivered to the master of the vessel a certificate granted by a
duly qualified medical practitioner certifying that the person is fit to be
employed in that capacity.
(2) The competent authority may, in exceptional circumstances
dispense with the requirement under sub-regulation (1), after taking
into account the safety and health of the fishermen, availability of
medical assistance and evacuation, duration of the voyage, area of
operation, and type of fishing operation.
(3) The exemption under sub-regulation (2) shall not apply to
a fisherman working on a fishing vessel of twenty-four metres in
length and over or which normally remains at sea for more than three
days;
Provided that in urgent cases, the competent authority may
authorise a fisherman to work on such a vessel for a period of a limited
and specified duration until a medical certificate can be obtained,
provided that the fisherman is in possession of an expired medical
certificate with a recent date.
(1) The medical examination required under these
regulations shall consist of a complete physical examination and shall
have regard to the ILO/IMO publication entitled Guidelines on the
Medical Examinations of Seafarers (ILO/IMO/JMS/2011/12),
including any amendments introduced thereto from time to time, and
to any other relative guidelines as may, from time to time, be further
specified by the competent authority.
(2) In any examination under these regulations, due regard
shall be made to the age of the fisherman to be examined and the
nature of the duties to be performed on board the vessel.
(1) Every applicant for a medical certificate shall be
examined by a duly qualified medical practitioner, or in the case of a
certificate solely concerning eyesight, by a person recognised by the
competent authority, and if the medical practitioner considers that
the applicant is fit, the practitioner shall issue the applicant with a
medical certificate in terms of sub-regulation (2) and regulation 17,
and such certificate may be restricted to such capacity of sea service
or geographical areas as the practitioner considers appropriate.
(2) The medical certificate shall contain the personal details of
the person examined including the name and surname, nationality, age
and relevant identity document number such as the sea service record
book or passport number and shall attest
(a) that the hearing and sight of the fisherman examined
and, in the case of a fisherman to be employed in the deck
department (except for certain specialist personnel, whose fitness
for the work which they are to perform is not likely to be affected
by defective colour vision), his colour vision, are all satisfactory;
and
(b) that the fisherman is not suffering from any medical
condition likely to be aggravated by, or to render the fisherman
unfit for service at sea or likely to endanger the health of other
persons on board.
(1) Subject to sub-regulations (2) and (3), a duly
qualified medical practitioner who issues a medical certificate under
regulation 16 shall specify the period of validity during which the
certificate is to remain in force, from the date of the medical
examination.
(2) Unless suspended or cancelled in terms of regulation 19
and subject to sub-regulation (3), the maximum period of validity of a
medical certificate shall be two years, and in so far as it relates to
colour vision, the maximum period of validity shall be six years;
Provided that, if the examined fisherman is under eighteen
years of age, the maximum period of validity of a medical certificate
shall be one year
Provided further that, if the health of the examined
fisherman demands it, a medical practitioner may issue a medical
certificate valid for such shorter period as may be specified in the
certificate.
(3) Where the period of validity of a medical certificate expires
in the course of a voyage, the certificate shall remain in force until the
end of that voyage or until the next port of call, whichever is the
earliest, where the fisherman is to obtain a medical certificate from a
qualified medical practitioner, provided that the period shall not
exceed three months.
If a fisherman possessing a valid medical certificate suffers Further medical
a medical condition which precludes seafaring employment, such examination.
fisherman shall arrange for an additional medical examination as soon
as practicable after diagnosis.
If a qualified medical practitioner has reasonable grounds Change in
conditions
to believe that
relating to the
medical
certificate.
(a) there has been a significant change in the medical
fitness of a fisherman during the period of validity of the medical
certificate; or
(b) had he been in possession of the full details of the
fisherman’s conditions when issuing the medical certificate,
he would not have reasonably considered the fisherman fit to
be issued with such certificate; or
(c) the medical certificate was issued otherwise than in
accordance with these regulations,
the medical practitioner shall notify the fisherman concerned and
may
(i) suspend the validity of that certificate until the
fisherman has undergone a further medical examination;
(ii)
suspend the certificate for such period as the
medical practitioner considers the fisherman will remain
unfit to go to sea; or
(iii) cancel the certificate if the medical practitioner
considers that the fisherman is likely to remain
permanently unfit to go to sea.
(1)
A fisherman who is aggrieved by
(a) the refusal of a medical practitioner to issue him
with a medical certificate;
(b)
any restriction imposed on such a certificate; or
(c) the suspension for a period of more than three
months or the cancellation of that certificate by a medical
practitioner pursuant to regulation 19,
may apply to the competent authority for the matter to be reviewed
by a single medical referee appointed by the competent authority.
(2)
Any such application shall
(a) be lodged with the competent authority within one
month of the date on which the fisherman is given notice of the
refusal, imposition of a restriction, suspension or cancellation
(or such longer period as the competent authority may
determine if delay is caused by the fisherman’s employment
on board a vessel); and
(b) include consent to the duly qualified medical
practitioner responsible for the refusal, imposition of a
restriction, suspension or cancellation, to provide a report to
the medical referee specifying the name and address of that
practitioner.
(3) The medical referee to whom the matter is referred by the
competent authority may obtain a report from the qualified medical
practitioner by whom the applicant was examined and may examine
the medical condition of the applicant. The medical referee shall, if the
applicant so requests, disclose to the applicant the report of the
qualified medical practitioner and any other evidence not produced by
the applicant himself, except that if the medical referee considers that
such disclosure would be harmful to the applicant’s health, the referee
shall not be required to make such disclosure. The medical referee
shall have regard to any relevant medical evidence, whether produced
by the applicant, the employer or otherwise, and whether or not
disclosed as aforesaid.
(4) If the medical referee, in the light of the medical evidence
available, considers that the applicant is fit, he shall issue the applicant
with a medical certificate. Where the medical referee considers that
restrictions as to capacity or geographical area, other than those
imposed on the medical certificate issued to the applicant should be
imposed, or that any restrictions so imposed should be deleted or
varied, the medical referee shall issue to the applicant a revised
medical certificate and the former certificate shall thereupon cease to
have effect. In any other case, the medical referee shall notify the
applicant of his decision. Any such action by the medical referee shall
be taken not later than two months from the date on which the
application for review is lodged with the competent authority (which
date shall be notified to the medical referee by the applicant) or within
such longer period as the competent authority may determine.
Any certificate of medical and visual fitness for Equivalent
employment on board a fishing vessel issued by a qualified medical certificates.
practitioner to a fisherman, in respect of a medical examination
conducted before the date on which these regulations come into
force, shall for the purposes of these regulations be deemed to be
equivalent to a medical certificate issued under these regulations
Provided that any such certificate issued by any such
qualified medical practitioner shall remain valid from the date of the
medical examination only, for the appropriate maximum period
prescribed in regulation 17, or for such shorter period as may be
specified in the certificate.
Any medical certificate issued to a fisherman on board a Other medical
fishing vessel in accordance with the Medical Examination certificates.
(Fishermen) Convention, 1959 (International Labour Organisation
Convention No. 113 of 1959)
(a) by an authority empowered in that respect by the
laws of a state outside Malta that has ratified the said
Conventions; or
(b) by an approved authority empowered in that respect
by the laws of a state outside Malta,
shall for the purposes of these regulations be deemed to be
equivalent to a medical certificate issued under these regulations
Provided that any medical certificate issued by any such
authority shall remain in force, unless renewed, only until the
expiration of the period of validity specified in that certificate, but in
no case for more than the appropriate maximum period prescribed in
regulation 17.
Without prejudice to regulation 27, it shall be the duty of an
employer of a fisherman and a master of a fishing vessel to ensure that
a fisherman is provided with at least the minimum hours of rest
Provided that a fisherman’s hours of work are limited to
forty-eight hours a week on average, calculated over a reference period
not exceeding twelve months.
(1) Without prejudice to regulations 25 and 27, the
minimum hours of rest shall be not less than -
(a)
ten hours in any twenty-four hour period; and
(b)
seventy-seven hours in any seven-day period.
(2) Hours of rest may be divided into no more than two
periods, one of which shall be at least six hours long, and the interval
between such consecutive periods shall not exceed fourteen hours.
(3) Musters, fire-fighting and lifeboat drills shall be conducted
in a manner which minimises the disturbance of rest periods and do not
induce fatigue.
(4) A fisherman who is on call shall have adequate
compensatory rest period, if his normal period of rest is disturbed by
call-outs of work.
(1) The competent authority may authorise collective
agreements permitting exceptions to the limits in sub-regulations 24(1)
and (2), but shall have due regard for the general principles for the
protection of the health and safety of the fishermen.
(2) In the absence of any collective agreement, or arbitration
award, or if the competent authority determines that the provisions in
the agreement, or award in respect of sub-regulations 24 (3) and (4) are
inadequate, the competent authority shall determine such provisions to
ensure the fishermen concerned have sufficient rest.
The master or a fisherman authorised by the master, shall
ensure that working arrangements are placed in an accessible place on
the fishing vessel.
(1) The master of a fishing vessel may require a
fisherman to work any hours of work necessary for the immediate
safety of the fishing vessel, persons on board the vessel or cargo, or
for the purpose of giving assistance to another vessel or to a person
in distress at sea.
(2)
For the purposes of sub-regulation (1), the master may
suspend the hours of rest scheduled in the table under Schedule II and
require a fisherman to perform any hours of work necessary until the
normal situation has been restored.
(3) As soon as practicable, after the normal situation has been
restored, the master shall ensure that any fisherman who has
performed work in a rest period scheduled in the table under Schedule
II, is provided with an adequate rest period.
A record of a fisherman’s daily hours of rest shall be Records.
maintained by the master, or a person authorised by the master, as Schedule III.
specified in guidelines that shall be drawn up and published by the
competent authority.
(1)
Fishermen under the age of eighteen years shall
Young persons.
(a) not work more than eight hours per day and forty
hours per week;
(b) be provided sufficient time allowing for all meals,
and a break of at least one hour for the main meal of the day;
(c) be provided a fifteen minute rest period as soon as
possible following each two hours of continuous work.
(2) The master may suspend the provisions of sub-regulation
(1), or require that overtime shall be worked if
(a)
the provisions of regulation 27 are applied;
(b) the work forms part of an established programme of
training, the effectiveness of which would be impaired by the
prohibition in sub-regulation (1);
(c) they are impracticable, when the fishermen are
assigned watch keeping duties on the deck, engine room and
catering departments, or work in a rostered shift-work system.
(3) All instances under sub-regulation (2) shall be recorded,
indicating the reason and signed by the master.
Where
Health
assessment and
transfer of
(a) a medical practitioner has certified that a fisherman
fishermen on
watch keeping
engaged on watch keeping duties is suffering from health
duties to day
problems which the practitioner considers to be due to the fact
work.
that the fisherman performs night work; and
(b)
it is possible for the employer to transfer that
fisherman to work
(i)
to which the fisherman is suited; and
(ii) which is to be undertaken during periods such
that the fisherman will cease to perform night work,
the fisherman shall be transferred accordingly.
An owner shall provide the competent authority with such
information on watch-keepers and other fishermen working at night as
may be specified by the competent authority.
Entitlement to annual leave
(1) Subject to sub-regulation (3), the annual paid leave
of a fisherman shall be calculated on the basis of a minimum of two
point five calendar days per month of employment and pro rata for
incomplete months.
(2) For the purposes of this regulation, a fisherman’s leave
year begins
(a) on such date during the calendar year as may be
agreed in writing by the employer and the fisherman; or
(b)
in absence of such agreement
(i) if the fisherman’s employment began on or
before the coming into force of these regulations, on that
date and each subsequent anniversary of that date; or
(ii) if the fisherman’s employment begins after the
coming into force of this regulation, on the date on which
that employment begins and each subsequent anniversary
of that date.
(3) Where by virtue of sub-regulation (2), the period of leave
to which a fisherman is entitled is, or includes a proportion of a week,
the proportion shall be determined in days, and any fraction of a day
shall be treated as a whole day.
(4) Any agreement to forgo the minimum annual leave with
pay prescribed in these regulations, except were the fisherman’s
employment is terminated, shall be prohibited.
(5) Justified absences from work shall not be considered as
annual leave.
Where during any period, a fisherman is entitled to hours Entitlements
of rest or annual leave both under a provision of these regulations under
provisions.
and under a separate provision (including a provision of his
contract), he may exercise the two rights separately, but may, in
taking hours of rest or annual leave during that period, take
advantage of whichever right is, in any particular respect, the more
favourable.
Right to wages
Without prejudice to collective bargaining agreements, it Provision for
shall be the duty of an employer of a fisherman and an owner of a minimum wage.
vessel to ensure that a fisherman is paid at least a minimum basic
wage.
r 35. (1) Fishermen whose remuneration includes separate Remuneration.
compensation for overtime worked
(a) for the purpose of calculating wages, the normal
hours of work at sea and in port shall not exceed eight hours
per day;
(b) without prejudice to more favourable collective
bargaining agreements, for the purpose of calculating
overtime, the number of normal hours per week covered by the
basic pay or wages shall not exceed forty-eight hours per
week;
(c) the rate or rates of compensation for overtime, shall
not be less than one and a quarter times the basic pay or wages
per hour;
(d) records of all overtime worked shall be maintained
by the master, or a person assigned by the master, and
endorsed by the fisherman at no longer than monthly intervals.
(2) Fishermen whose wages are fully or partially consolidated,
shall have specified in the fisherman’s employment agreement, the
number of hours of work expected of the fisherman in return for such
remuneration, and any additional allowances which might be due in
addition to the consolidated wage, indicating the circumstances.
(3) When hourly overtime is payable for hours worked in
excess of those covered by the consolidated wage, the hourly rate shall
not be less than one and a quarter times the basic rate corresponding to
the normal hours of work as defined in sub-regulation (1)(c).
(4)
For fishermen whose wages are partially consolidated,
records of all overtime worked shall be maintained and endorsed as
provided for in sub-regulation (1)(d).
(1) Għal sajjieda li r-remunerazzjoni tagħhom tinkludi
kumpens separat għal sahra maħduma
(a) għall-iskop tal-kalkolu tal-pagi, is-sigħat normali ta’
xogħol fuq il-baħar u fil-port ma għandhomx jaqbżu t-tmien
sigħat kuljum;
(b) mingħajr preġudizzju għal ftehimiet kolletivi aktar
favorevoli, għall-iskop tal-kalkolu tas-sahra, in-numru ta’ sigħat
normali fil-ġimgħa koperti mill-paga jew is-salarju bażiċi ma
għandhomx jaqbżu t-tmienja u erbgħin siegħa fil-ġimgħa;
(ċ) ir-rata jew ir-rati ta’ kumpens għas-sahra, ma
għandomx ikunu inqas minn darba u kwart il-paga jew is-salarju
bażiċi fis-siegħa;
(d)
ir-rekords tas-sahra kollha maħduma għandhom
jinżammu mill-kaptan, jew minn persuna assenjata mill-kaptan,
u approvati mis-sajjied f’intervalli ta’ mhux iktar minn xahar.
(2) Is-sajjieda li l-pagi tagħħhom huma kkonsolidati b’mod
komplut jew parzjalment, għandhom jispeċifikaw fil-ftehim ta’ xogħol
tas-sajjied, in-numru ta’ sigħat ta’ xogħol li mistenni jaħdem is-sajjied
bi tpattija għal tali remunerazzjoni, u kwalunkwe allowances
addizzjonali li jistgħu jkunu dovuti b’mod addizzjonali għal paga
konsolidata, u f’liema ċirkostanzi.
(3) Meta s-sahra bis-siegħa hija pagabbli għal sigħat maħduma
aktar minn dawk koperti mill-paga konsolidata, ir-rata fis-siegħa ma
għandiex tkun ta’ inqas minn darba u kwart ir-rata bażika li
tikkorrispondi mas-sigħat normali ta’ xogħol kif definiti fis-
subregolament (1)(ċ).
(4) Għas-sajjieda li l-pagi tagħhom huma parzjalment
konsolidati, ir-rekords ta’ sahra kollha maħduma għandhom jinżammu
u jiġu approvati kif previst fis-subregolament (1)(d).
The competent authority shall determine the minimum
Minimum wage.
basic wage for a calendar month of service for an able fisherman, or
the equivalent thereof, in the specific currency stated in the
seafarer’s employment agreement, and in so doing, the competent
authority shall be guided by the amount periodically set by the Joint
Maritime Commission or another body authorised by the Governing
Body of the International Labour Organisation.
A fisherman’s right to wages and provisions shall be
considered to commence at the time when he commences work or at
the time specified in the agreement for his commencement of work
or his presence on board, whichever happens first.
(1) A fisherman shall not by any agreement forfeit his
rights on the fishing vessel, or be deprived of any remedy for the
recovery of his wages, to which in the absence of an agreement he
would be entitled, and shall not by any agreement forfeit his right to
wages in case of the loss of the vessel, or forfeit any right that he
may have or obtain in the nature of salvage; and every stipulation in
any agreement inconsistent with any provision of these regulations
shall be void.
(2) Nothing in this regulation shall apply to a stipulation made
by the fisherman belonging to any vessel, which according to the terms
of the agreement, is to be employed on salvage services, with respect
to the remuneration to be paid to him for such salvage services to be
rendered by that vessel to any other vessel.
The right to wages shall not depend on proceeds from the
catch and every fisherman shall be entitled to request and recover
any wages, notwithstanding that there were no proceeds from the
catch; but in all cases of wreckage or loss of the vessel, proof that
the fisherman has not exerted himself to the utmost to save the
vessel and catch, shall bar his claim to wages.
(1) Where by reason of the wreckage or loss of the
vessel on which a fisherman is employed, his service terminates
before the date contemplated in the agreement, he shall, subject to
the provisions of this regulation, be entitled, in respect of each day
on which he is in fact unemployed during a period of two months
from the date of the termination of the service, to receive wages at
the rate at which he was entitled on that date.
(2) A fisherman shall not be entitled to receive wages under
this regulation if the owner shows that the unemployment was not due
to the wreckage or loss of the vessel, and he shall not be entitled to
receive wages under this regulation in respect of any day, if the owner
shows that the fisherman was able to obtain suitable employment on
that day.
Where the service of a fisherman is terminated before the Termination of
date contemplated in the fisherman’s employment agreement, by service
illness etc.
reason of being left on shore at any place abroad, under a certificate
granted as provided by these regulations, of his unfitness or inability to
proceed on the voyage, he shall be entitled to wages up to the time of
such termination, but not for any longer period.
A fisherman shall not be entitled to wages for any time Wages not to
during which he unlawfully refuses or neglects to work, when accrue
refusal to work
required, whether before or after the time fixed by the agreement for or
ment.
his commencement of such work, nor unless the court hearing the
case otherwise directs, for any period during which he is lawfully
imprisoned for any offence committed by him.
When a fisherman is by reason of illness incapable of Forfeiture of
performing his duty, and it is proved that the illness has been caused by wages
illness caused
his own wilful act or default, he shall not be entitled to wages for the by
own fault.
time during which he is by reason of the illness incapable of
performing his duty.
If a fisherman, having signed a fisherman’s employment Compensation
agreement, is discharged otherwise than in accordance with the to
improperly
terms thereof before the commencement of the voyage, or before discharged.
one month’s wages are earned, without fault on his part to justify
that discharge and without his consent, he shall be entitled to receive
from the master or owner, in addition to any wages he may have
earned, due compensation for any damage caused to him by the
discharge not exceeding one month’s wages, and that compensation
shall be treated as if it were wages duly earned.
With regard to wages due or accruing to a fisherman for Restriction on
assignment and
services on board a fishing vessel
charge upon
wages.
(a) they shall not be subject to a garnishee order, except
in accordance with the provisions of article 382 of the Code of Cap. 12.
Organization and Civil Procedure;
(b) any assignment made prior to the accruing thereof,
shall not bind the person making the same;
(c) any authority for the receipt thereof, shall not be
irrevocable;
(d) a payment of wages to the fisherman shall be valid
notwithstanding any previous assignment of those wages.
Payment of wages
All wages to which a fisherman may be entitled, subject
to deductions made in accordance with these regulations, shall be
paid at intervals not longer than one month; and in the event of a
fisherman’s wages or any part thereof not being so paid or settled, in
that case, unless the delay is due to the act or default of the
fisherman, or to any reasonable dispute as to liability, or to any
other cause not being the wrongful act or default of the owner or
master, the fisherman’s wages shall continue to run and be payable
until the time of the final settlement thereof.
(1) The master of every Maltese fishing vessel shall,
before paying off or discharging any fisherman, deliver on a
monthly basis a full and true account of the fisherman’s wages and
of all deductions to be made therefrom on any account whatsoever.
(2) The said account shall be delivered not less than twenty-
four hours before his discharge or payment thereof.
(3) The said account shall indicate the rate of exchange used
where payment has been made in a currency, or at a rate, different from
the one agreed to.
(4) If the owner fails without reasonable cause to comply
with this regulation, he shall for each offence be liable to a fine
(multa) not exceeding twenty units.
Wages shall be paid, whenever possible, in legal tender
by bank transfer, bank cheque, postal cheque or money order or
directly to a fisherman’s designated bank account, unless the
fisherman requests otherwise in writing.
(1) Owners shall provide fishermen with a means to
transmit all or part of their earnings to their families or dependants or
legal beneficiaries. This shall be done by, but not limited to
(a) a system for enabling fishermen, at the time of
commencement, or during their employment, to allot a
proportion of their wages for remittance at regular intervals to
their families by bank transfers or similar means; and
(b) a requirement that allotments shall be remitted in
due time and directly to the person or persons nominated by
the fishermen.
(2) Any charges for the services under sub-regulation (1) shall
be reasonable in amount and agreed to in accordance with these
regulations, and the rate of exchange shall be at the prevailing market
rate during the periodical payments, or any other agreement that is not
unfavourable to the fisherman.
(1) A deduction from the wages of a fisherman shall Deductions
not be allowed unless it is included in the account delivered in from
a book to be
pursuance of regulation 47, except in respect of a matter happening kept
purpose.
after the delivery.
(2) The master shall enter the various matters in respect of
which the deductions are made during the voyage, with the amounts of
the respective deductions, as they occur, in a book to be kept for that
purpose, and shall, if required, produce the book at the time of the
payment of wages and also upon the hearing before any competent
authority of any complaint or question relating to that payment.
(1) Where the master of a Maltese fishing vessel Notice of
degrades a fisherman, he shall forthwith enter, or cause to be entered degrading
fisherman.
in the official log book, a statement of the degrading, and furnish the
fisherman with a copy of the entry; and any deduction of wages
consequent to the degrading, shall not take effect until the entry has
been so made and the copy so furnished.
(2) Any reduction of wages consequent to the degrading of a
fisherman, shall be deemed to be a deduction from wages within the
meaning of regulations 47 and 50 and treated accordingly.
Where a fisherman has agreed with the owner for payment Rate of
of his wages in a specific currency, any payment of, or on account of exchange.
his wages, if made in any currency other than that stated in the
agreement shall, notwithstanding anything in the agreement, be made
at the current rate of exchange of the place where the payment is made
as stipulated in the agreement.
Discharge and repatriation of fishermen
When a fisherman serving on a Maltese fishing vessel is Discharge.
discharged on the termination of his engagement, he shall be
discharged in the manner provided by these regulations
Provided that this regulation shall not apply where the
fisherman is proceeding on temporary leave while remaining in the
service of the owner of the vessel.
(1) The master of a Maltese fishing vessel shall sign
and give to a fisherman discharged from his fishing vessel at any
place, either on his discharge, or on payment of his wages, a
certificate of his discharge in a form approved by the competent
authority, specifying the period of his service and the time and place
of his discharge, and if the master fails to do so, he shall be liable to
a fine (multa) not exceeding ten units, for each offence.
(2) The master shall also, upon the discharge of every certified
officer, whose certificate of competency has been delivered to and
retained by him, return the certificate to the officer, and if without
reasonable cause he fails to do so, he shall be liable to a fine (multa)
not exceeding twenty units, for each offence.
If any person
(a) makes a false report on character under these
regulations, knowing the same to be false; or
(b) forges or fraudulently alters any certificate of
discharge, or report on character, or copy of a report on
character; or
(c) assists in committing, or procures to be committed,
any of such offences as aforesaid; or
(d) fraudulently uses any certificate of discharge, or
report on character, or copy of a report on character which is
false, or altered, or does not belong to him,
he shall be liable to imprisonment for a period not exceeding two
years or to a fine (multa) not exceeding five hundred units or to
both such imprisonment and fine, for each offence.
(1) Where a Maltese fishing vessel is transferred or
disposed of, any fisherman belonging to that fishing vessel shall be
discharged, unless he consents in writing to complete the voyage of
the vessel if it is continued.
(2) Where a fisherman is discharged under this regulation, the
provisions of these regulations regarding the certificate of discharge
and the return of the fisherman to a proper port, shall apply as if his
service had terminated otherwise than by his consent to be discharged
during the current agreement.
(1) Except as hereinafter provided, every fisherman’s Owner’s
employment agreement shall provide that if the agreement responsibility
for the return of
terminates at a port other than the port of engagement (whether by fishermen
behind at a port
effluxion of time, or by any act of the parties, or by shipwreck or other than the
sale of the fishing vessel, or due to the inability of the fisherman to port
ment.
proceed on the vessel by reason of sickness or injury or any other
cause whatsoever), he is returned to a proper port of return at the
expense of the owner, who shall make such arrangements as may be
necessary and pay all expenses incurred for the return of such
fisherman, and such liability shall include the cost of any
maintenance and medical treatment which is necessary for the
fisherman until his arrival at a proper port of return, and such
fisherman shall not become a charge upon the Government of Malta.
(2) A fisherman who has been left behind, or discharged from
his fishing vessel as a result of his desertion, or his imprisonment, or
his inability to proceed on the fishing vessel owing to sickness or
infirmity wilfully concealed at the time of the engagement, shall not be
entitled to be returned at the expense of the owner under sub-
regulation (1), but the owner shall make all necessary arrangements
and pay all expenses incurred for the return of the fisherman to a
proper port of return as if he was so entitled, and the owner may be
reimbursed his expenses out of any wages owing to the fisherman, at
the time he left the fishing vessel, or out of the proceeds from the sale
of any of his effects left on board, if this should not prove sufficient by
ordinary process of law, but such fisherman shall not become a charge
upon the Government of Malta.
(3) The competent authority, or a Maltese consular officer may
demand a guarantee from the owner from which a fisherman is to be
discharged or left behind, for the proper discharge of any obligations
imposed by this regulation, and if this is refused, he may withhold his
consent to the discharge.
(4) Where a fisherman becomes eligible to receive, and in fact
receives, medical aid or periodical payments, at the expense of his
employer, under the terms of any law providing for compensation to
injured or sick workmen, such receipt shall be in full or part payment,
as the case may be, of the entitlement under this regulation, and not in
addition thereto.
(5) This regulation shall apply in respect of all vessels making
call to Malta.
(1) A fisherman shall be entitled to repatriation at the
cost of the owner if
(a) the fisherman has served the maximum duration of
service periods on board, such periods being of less than twelve
months;
(b) the fisherman has been terminated for justified
reasons by one or more of the parties to that agreement; or
(c) the fisherman is no longer able to carry out the duties
required under the fisherman’s work agreement, or cannot be
expected to carry them out in the specific circumstances.
This shall also apply to fishermen from that vessel who are
transferred for the same reasons from the vessel to a foreign port.
(2) A fisherman shall be entitled to repatriation at the
expense of any third party exercising an executive title against the
fishing vessel, or its owner, should such owner default in his
obligations towards the fisherman, with regard to repatriation and
other expenses owed to the fisherman, following the exercise of the
executive title.
(3) The provisions of this regulation are without prejudice to
any further action that the fisherman may take under the laws of Malta.
(1) Where the service of a fisherman terminates
otherwise than by his consent to be discharged during the operative
term of the agreement, the master shall, besides giving the
certificate of discharge required under this regulation and besides
paying the wages to which the fisherman is entitled, make adequate
provision in accordance with this regulation for his maintenance and
for his return to a proper port of return.
(2) If the master fails, without reasonable cause, to comply
with this regulation, the expenses of maintenance and of the journey to
a proper port of return
(a) if paid by the fisherman, shall be recoverable as
wages due to him;
(b) if paid by any such fisherman as aforesaid, or by
any other person, (unless the fisherman has been found guilty
of barratry), shall be a charge on the fishing vessel to which
the fisherman belonged, and may also be recovered from the
owner of the fishing vessel, at the suit of the person who paid
the expenses, or in case they have been paid from public
money, as a debt due to the Government of Malta.
(1) A fisherman shall be deemed to have been Financial
abandoned where, in violation of the requirements of these security.
regulations, or the terms of the fisherman’s employment agreement,
the owner
(a) fails to cover the cost
of the fisherman’s
repatriation;
(b) has left the fisherman without the necessary
maintenance and support; or
(c) has otherwise unilaterally severed his ties with the
fisherman, including failure to pay contractual wages for a
period of at least two months.
(2) All vessels to which these regulations apply shall carry on
board a certificate, or other documentary evidence, of financial
security issued by a financial security provider. A copy shall be placed
on board in a conspicuous place where it is available to the fishermen.
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 owner to the fisherman under their employment agreement,
the relevant collective bargaining agreement or these
regulations, limited to four months of any such outstanding
wages and four months of any such outstanding entitlements;
(b) all expenses reasonably incurred by the fisherman,
including the cost of repatriation referred to in sub-regulation
(4); and
(c) the essential needs of the fisherman including items
such as: adequate food, clothing where necessary,
accommodation, drinking water supplies, essential fuel for
survival on board the vessel, necessary medical care and any
other reasonable costs or charges arising from the act or
omission constituting the abandonment until the fisherman’s
arrival at home.
(4) The cost of repatriation shall cover travel by appropriate
and expeditious means, normally by air, and include provisions for
food and accommodation for the fisherman from the time that the
fisherman leaves the vessel until his arrival at 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 said financial security, unless the financial
security provider has given prior notification of at least thirty days to
the competent authority.
(6) If the provider of insurance or other financial security, has
made any payment to any fisherman in accordance with this
regulation, 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 fisherman would have
enjoyed.
(7) Nothing in this regulation shall prejudice any right of
recourse of the insurer or provider of financial security against third
parties.
Deceased or distressed fishermen
(1) For the purpose of regulations 62 to 71, both
inclusive, persons hereinafter referred to as "distressed fishermen"
are
(a) any fisherman, whether a citizen of Malta or not,
who is found in any place and who has been shipwrecked from
a Maltese vessel, or by reason of having been discharged or
left behind from any such fishing vessel, is in distress in that
place;
(b) any fisherman, being a citizen of Malta, who has
been engaged to serve on a vessel belonging to the government
of, or registered in any foreign state, is in distress in any place
Provided that the relevant authority shall facilitate the
repatriation of fishermen serving on vessels which call at its ports or
pass through the territorial or internal waters of Malta as well as their
replacement on board.
(2) If three months have elapsed since a fisherman left his last
vessel before he applies to the proper authority for relief, he shall not
be entitled in terms of these regulations.
(3) In case of shipwreck or foundering, the date on which each
fisherman shall be entitled to relief may vary according to the time
when he ceases to be employed in connection with the abandoned
vessel.
(1) Where a distressed fisherman is, for the purposes of Provisions
his return to a proper port of return, placed on board a Maltese regarding
placing of
fishing vessel, the master shall endorse on the fisherman’s distressed
fishermen on
employment agreement, the date on which he embarked, the name fishing vessels.
and port of the registry of the vessel on which the fisherman was last
engaged, the port to which the fisherman is entitled to be conveyed,
together with any particulars directed to be endorsed by the
distressed fisherman.
(2) The master of every Maltese fishing vessel shall receive on
board his vessel, and afford a passage and maintenance to all
distressed fishermen who he is required to take on board his fishing
vessel under these regulations, not exceeding one for every fifty net
tons, and shall during the passage provide every such distressed
fisherman with a proper berth or sleeping place, effectually protected
against sea and weather.
(1) Distressed fishermen are to be relieved and Nature and
maintained upon the most reasonable terms possible, but only until period
etc.
arrangements are made for their return to a proper port of return, and
such arrangements are carried into effect.
(2) Distressed fishermen may, where necessary, be provided
with medical advice and treatment and supplied with clothing, but in
no greater quantity than is absolutely required, and the clothing
supplied shall be of the quality the fishermen would normally wear.
(3) The relief and maintenance of a fisherman under these
regulations shall continue for as long that it is considered necessary by
the proper authority, but in every case in which relief is continued for
more than one month, a special report of the circumstances shall be
furnished by the proper authority to the competent authority.
(1) On arrival at the port to which a fisherman has been Certificate and
conveyed, the master shall produce to the proper authority at that declaration
rates of passage.
port, a certificate signed by the proper authority originally making
arrangements for the distressed fisherman’s return to a proper port
of return, specifying the number and the names of the distressed
fishermen placed on board and the time when each of them was
received on board.
(2) On the production of the certificate referred to in sub-
regulation (1), together with a declaration on oath made by the master
before an official authorised to administer oaths, stating the number of
days during which each distressed fisherman had received
maintenance, the full complement of his crew, the actual number of
fishermen employed on board his fishing vessel and any variation in
that number whilst the distressed fishermen received maintenance, the
master shall be entitled to be paid against receipt from the proper
authority, in respect of the maintenance and passage of every
fisherman so conveyed, maintained and provided for him in excess of
the number, if any, required to make up the compliment of the crew, an
allowance at the rate of four euro and sixty-six cents per day for every
day (including part of a day) on which that fisherman was on board the
fishing vessel.
If any master of a Maltese fishing vessel fails without
reasonable cause to comply with regulations 62, 63 and 64 in the
case of any distressed fisherman, he shall be liable to a fine (multa)
not exceeding one hundred units, for each offence.
Whenever a fishing vessel with distressed fishermen on
board, who have been rescued or picked up at sea, arrives at a port,
the proper authority may pay the master of the fishing vessel for
their subsistence an allowance at the rate set out in regulation 64.
(1) In order to provide for the passage, to a proper port
of return of a distressed fisherman suffering from mental
derangement, the proper authority, with the object of ensuring that
requisite care and attendance shall be given to such fisherman
during the voyage, may make a special agreement with the master
and agree to pay, if necessary, such sum for the passage, in addition
to the allowance at the rate set out in regulation 64, as may appear
fair and reasonable under the circumstances.
(2) A copy of the agreement so entered into, shall in every case
be forwarded to the competent authority as soon as possible, and in
any case where it is desirable to send the fisherman to a foreign port, to
the proper authority at that port.
(3) In the case of a fisherman arriving under such
circumstances at a port, the proper authority at that port may, in
addition to the allowance at the rate set out in regulation 64, pay to the
master the amount of the extra passage money, on production of such
an agreement and upon being satisfied that the fisherman has received
the special care and attendance agreed to. An immediate notice of such
a payment, together with the original agreement and the receipt of the
master for the passage money, shall be sent to the competent authority.
In the case of a fisherman discharged, or left behind,
suffering from any illness due to his own wilful act, or default, or
due to his own misbehaviour, who is to be dealt with under these
regulations, the expense for providing necessary surgical and
medical advice and attendance and medicines, as well as the
expenses of the maintenance of the said fisherman until he is cured
or dies, or is returned to a proper port of return, and of his
conveyance to such port, and in the case of death the expenses, if
any, of his burial, shall be met as far as possible out of his wages.
(1) A fisherman, distressed or otherwise, shall be sent Return of
distressed
to a proper port of return by any reasonable route.
fishermen.
(2) Provision may be made for the return of a fisherman, if he
is fit to work, by providing him with suitable employment on board a
fishing vessel, proceeding to a proper port of return, which is in want
of personnel to make up its complement, or if that is not practicable,
by providing him with a passage by aircraft, vessel, train or other
mode of transport, or with the money for his passage, and regarding
any part of the route which is by land, by paying the expenses of his
journey and of his maintenance during the journey, or providing him
with the means to pay those expenses.
(3) Where the master of a fishing vessel is required by these
regulations to provide for the return of a discharged fisherman to a
proper port of return, the master may, instead of providing the passage
or the expenses of his journey, or of providing him with the means to
pay for his passage or those expenses, deposit with the officer whose
sanction or certificate is required under these regulations, such sum as
that officer considers sufficient to pay the expenses of the return of the
fisherman to a proper port of return.
(4) Whilst a distressed fisherman is in transit to a proper port
of return, the proper authority at any place at which that fisherman
may be, may pay on behalf of the authority originally making
arrangements for the distressed fisherman’s return to a proper port, any
expenses on account of that fisherman which the authority originally
acting in respect of such fisherman could have paid.
(5) Where a fisherman is repatriated as a member of a crew, he
shall be entitled to the appropriate remuneration for work done during
the voyage.
(6) If any question arises in any case, as to which port of return
a fisherman is to be sent, or as to the route by which he should be sent,
that question shall be decided by the officer aforesaid, and in deciding
any question under this provision, that officer shall have regard both to
the convenience of the fisherman and to the expenses involved and
also, where that is the case, to the fact that a fishing vessel which is in
want of fishermen to make up its complement is about to proceed to a
proper port of return, or to a port in the vicinity thereof
Provided that nothing in this regulation shall relieve the
owner from the obligation and expense of returning the fisherman to a
proper port of return.
(1) Where any expenses (other than excluded expenses
as defined by this regulation) are incurred by, or on behalf of the
Government of Malta, or are incurred by the government or
authority of a foreign state, and are repaid or repayable to that
government, by or on behalf of the Government of Malta on account
of a distressed fisherman, either for his maintenance, necessary
clothing, conveyance to a proper port of return, or in case of death,
for his burial, or otherwise in accordance with these regulations,
those expenses (together with the wages, if any, due to the
fisherman) shall be a charge upon the fishing vessel, whether
Maltese or foreign, to which the distressed fisherman belonged.
These expenses shall be recoverable as a debt due to the
Government of Malta from the master of the fishing vessel, or from
the owner of the fishing vessel for the time being, or where the
fishing vessel has been lost, from the person who was the owner of
the fishing vessel at the time of the loss, or where the fishing vessel
has been transferred to some person not being a Maltese citizen, or
not being a body corporate established under the laws of Malta,
either from the owner for the time being, or from the person who
was the owner of the fishing vessel at the time of the transfer, and
also, if the vessel is a foreign vessel, from the owner who engaged
the fisherman for service on the vessel.
(2) In any proceedings for such recovery, a certificate of the
expenses signed by the person, authority or government paying the
expenses together with any vouchers applicable, as the case requires,
shall be sufficient proof that the said expenses were duly paid.
(3) For the purposes of this regulation, "excluded expenses"
are expenses incurred in cases where the certificate obtained under
these regulations regarding leaving a fisherman behind stipulates, or
the competent authority is otherwise satisfied, that the cause of the
fisherman being left behind is desertion, disappearance, imprisonment
for misconduct, or discharge from his vessel by a competent court on
the ground of misconduct, and expenses incurred on account of the
return to the proper port of a distressed fisherman who has been
discharged at the port at which he was transported, or at some
neighbouring port.
Saving the provisions of regulation 68, all expenses
incurred and payments made by the proper authority under the
provisions of these regulations shall be a charge on the Consolidated
Fund.
Every fishing vessel shall carry a crew list, a copy of which Crew list.
shall be provided to authorized persons ashore prior to departure of the
vessel, or communicated ashore immediately after departure of the
vessel. The competent authority shall determine to whom and when
such information shall be provided and for what purpose or purposes.
Food and Accommodation
(1) All fishing vessels shall be in compliance with the Food and
accommodation
guidelines on food and weekly rations set out in Schedule IV.
Schedule I.
(2) The competent authority shall draw up and publish
guidelines on accommodation on board fishing vessels. These
guidelines shall include the following
(a) approval of plans for the construction, or
modification of fishing vessels in respect of accommodation;
(b)
maintenance of accommodation and galley spaces;
(c)
ventilation, heating, cooling and lighting;
(d)
mitigation of excessive noise and vibrations;
(e) location, size, construction materials, furnishing and
equipping of sleeping rooms, mess rooms and other
accommodation spaces;
(f)
hygiene conditions;
(g) sanitary facilities, including toilets and washing
facilities and supply of sufficient hot and cold water; and
(h) procedures for responding to complaints concerning
accommodation that does not meet the requirements of these
regulations.
Provided that if the fishing vessel is twenty-four metres
in length or over, the guidelines must comply with the requirements
set out in Schedule I.
HEALTH AND SOCIAL WELFARE SERVICES
Owner’s liability for medical care
The competent authority may, at any time, and in Provision of
particular whenever he is requested to issue or renew any certificate insurance
policy.
of registry issued to a vessel under the Act, demand evidence that
the vessel is effectively covered by an adequate insurance
In the event of any sickness, disease or injury suffered
by any fisherman, the owner shall
(a) provide, at his own expense, for adequate board and
lodging for such fisherman;
(b) pay such fisherman who is, by reason of such
sickness, disease or injury rendered incapable to work
(i) wages for such time as the fisherman remains
on board, or is repatriated, in accordance with these
regulations; and
(ii) without prejudice to regulation 41, where the
said fisherman is no longer on board, a sum of money
equivalent to the wages (exclusive of bonuses) that, but for
his sickness, disease or injury, would have accrued in his
favour during the continuance of his sickness, disease or
injury, or during a period of sixteen weeks, whichever
period is shorter
Provided that where the fisherman entitled to
receive such payment mentioned in paragraph (b)(ii) has
remained on board for any period of time following the
onset of his sickness, disease or injury, any wages received
during such period shall be deducted from any payment to
which he would be entitled in accordance with the said
paragraph (b)(ii).
(1) Fishing vessels shall be required to have one
fisherman on board who is in charge of medical care and administering
medicine as part of his regular duties, or at least one fisherman on
board competent to provide medical first aid.
(2) Fishermen in charge of medical care on board who are
not medical doctors shall have satisfactorily completed training in
medical care and, or medical first aid.
(1) The system of financial security to assure
compensation for contractual claims, shall meet the following
minimum requirements
(a) the contractual compensation, where set out in the
fisherman’s employment agreement and without prejudice to
paragraph (c), 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
fisherman makes it difficult to assess the full compensation to
which the fisherman may be entitled, an interim payment or
payments shall be made to the fisherman so as to avoid undue
hardship;
(d) the fisherman shall receive payment without
prejudice to other legal rights, but such payment may be offset
by the owner against any damages resulting from any other
claim made by the fisherman against the owner and arising
from the same incident; and
(e) the claim for contractual compensation may be
brought directly by the fisherman concerned, or their next of
kin, or a representative of the fisherman, or designated
beneficiary.
(2) Fishermen shall receive prior notification if an owner’s
financial security is to be cancelled or terminated.
(3) The competent authority shall be notified by the provider of
the financial security if an owner’s financial security is cancelled or
terminated.
(4) All vessels to which these regulations apply shall carry on
board a certificate, or other documentary evidence, of financial
security issued by a financial security provider. 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 thirty days to the
competent authority.
(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.
Health and safety protection
(1) It shall be the duty of every owner to carry out an Risk
assessment of all the occupational health and safety hazards which assessments.
may be present on-board the vessel and the resultant risks involved
concerning all aspects of the work activity. Such assessments shall
consider the risks to the health and safety of the fishermen
Provided that, when carrying out such assessments, the
owner shall also take into consideration changes to the work activities
being carried out and to the vessel’s structure or operational use, and
shall take appropriate action.
(2) The owner shall keep on board the fishing vessel, written or
retrievable electronic copies of such assessments, and shall ensure that
they are updated regularly.
(3) Such assessments shall be posted in those places which are
being addressed by the assessment in such manner as to be clearly
readable by the fishermen concerned.
(4) The owner shall implement the protective measures
appropriate to the nature of the work being carried out, which are
required to be taken following these assessments and, if necessary, the
protective equipment to be used, in accordance with recognised
industry standards which may be regulated by Maltese law or
international treaties.
(5) The assessments referred to in this regulation shall be
reviewed whenever there is any major change in working conditions,
or whenever the owner or fishermen concerned by the assessments
have reason to suspect that they are no longer valid.
The owner may delegate to such persons or recognised
organisations recognised by the competent authority, in ensuring
compliance with the provisions of these regulations, to draw the
occupational health and safety hazards assessments in accordance
with regulation 78.
In drawing up occupational health and safety hazards
assessments, the owner shall give particular attention to
(a) the duties of the master to take specific
responsibility for the implementation of and compliance with
the fishing vessel’s occupational health and safety policy and
programme; and
(b) the health and safety of a fisherman under the age
of eighteen years.
The owner shall specify the authority of the fishing
vessel’s fishermen appointed or elected as safety representatives to
participate in meetings of the fishing vessel’s safety committee.
Such a committee shall be established on board a fishing vessel on
which there should be five or more fishermen.
Complaints
All fishing vessels shall have on-board procedures for the On-board
fair, effective and expeditious handling of fishermen complaints complaint
procedure.
alleging breaches of these regulations. Such procedures shall seek to
resolve complaints at the lowest level possible
Provided that fishermen shall have a right to complain
directly to the master, and where they consider it necessary, to the
competent authority.
(1) If a fisherman whilst on board, states to the master Facilities for
of the fishing vessel that he intends to make a complaint to the making
complaints.
competent authority, or to a Maltese consular officer, against any
member of the crew, including the master, the said master shall, as
soon as the service of the vessel will permit
(a) if the fishing vessel is at a place where there is any
such person as aforesaid to whom the complaint is to be made,
after such statement; and
(b) if the fishing vessel is not at such place, after her
first arrival at such a place,
allow the complainant to go ashore or send him ashore in proper
custody, so that he may be able to make his complaint.
(2) The master of a fishing vessel shall not coerce the
fisherman into divulging the identity of the persons against whom the
complaint is being lodged or the nature of the complaint.
(3) If the master of a fishing vessel fails without reasonable
cause, to comply with this regulation, he shall be liable to a fine
(multa) not exceeding ten units, for each offence.
(1) Where the competent authority receives a complaint Reports on
which is not considered manifestly unfounded, or obtains evidence Maltese
vessels.
that a fishing vessel which flies the Maltese flag does not comply with
these regulations, the competent authority shall take the necessary
steps to investigate the matter and ensure that action is taken to remedy
any deficiencies found in accordance with regulation 87.
(2) The identity of the person lodging the complaint must not
be revealed to the master or the owner of the fishing vessel concerned,
nor shall there be any indication that an inspection was carried out
following such a complaint.
(3)
Any person lodging a complaint with flag or port
authorities which is found to be without basis in fact, and done
maliciously or vexatiously will be subject to disciplinary provisions.
(1)
Any contravention by
(a)
the master of a ship, of regulations 23, 26, 27(3) or
28;
(b)
an employer, of regulation 23;
(c) a person authorised by the master of a ship, of
regulation 26 or 28; or
(d) a company which has assumed the operation of the
ship, of regulation 28 or regulation 31,
shall be liable to a fine (multa) of not more than one thousand
units, for each offence.
(2) Where there is a contravention of regulation 24(3) or (4),
the master of the ship shall be liable to a fine (multa) of not more
than five hundred units, for each offence.
(3) Where there is a contravention of regulation 29(1), the
employer of the fisherman under the age of eighteen years shall be
liable to a fine (multa) of not more than five hundred units.
(4) Where there is a contravention of regulation 32, the
employer of the fisherman shall be liable to a fine (multa) of not
more than one thousand units.
Enforcement
(1) The owner and the master of the fishing vessels
engaged in international voyages and fishing vessels flying the
Maltese flag and operating from a port, or between ports, in another
state, shall ensure that the vessel is also in compliance with the
provisions of regulation 87.
(2) The owner and, or the master, if in fault, shall be liable to
a fine (multa) not exceeding five hundred units, for each offence.
The competent authority, or an appropriate inspector,
may inspect any vessel to which these regulations apply and if
satisfied that the vessel is not in compliance with the provisions of
these regulations, the competent authority shall take such steps as
are considered necessary to ensure that the vessel shall not sail until
it can proceed to sea, without presenting an unreasonable threat of
harm to the working and living conditions of the fishermen and any
expenses incurred therefore shall be a charge on the vessel, so
however that the vessel shall not be unduly detained or delayed.