Legislator Case Law & Legislation
ln_2021_165 MT

Tonnage (Amendment) Regulations, 2021

6 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (6)

Statutory Text (6 Articles)

Malta Government Gazette — Legal Notice 2021 165 · Gazzetta tal-Gvern ta’ Malta Nru. 20,609 – 16.04.2021<P Class=Msonormal — Tonnage (Amendment) Regulations, 2021

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 20,609, 16 ta’ April, 2021

L.N. 165 of 2021

MERCHANT SHIPPING ACT

(CAP. 234)

Tonnage (Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 374 of the

Merchant Shipping Act, the Minister for Transport, Infrastructure and

Capital Projects has made the following regulations:-

Malta Government Gazette — Legal Notice 2021 165 · Gazzetta tal-Gvern ta’ Malta Nru. 20,609 – 16.04.2021<P Class=Msonormal — Tonnage (Amendment) Regulations, 2021

(1) The title of these regulations is the Tonnage Citation and

(Amendment) Regulations, 2021 and these regulations shall be read commencement.

and construed as one with the Tonnage Regulations, hereinafter S.L. 234. 19.

referred to as the "principal regulations".

(2) These regulations shall come into force on the 1st

September, 2021.

Malta Government Gazette — Legal Notice 2021 165 · Gazzetta tal-Gvern ta’ Malta Nru. 20,609 – 16.04.2021<P Class=Msonormal — Tonnage (Amendment) Regulations, 2021

CERTIFICATE OF SURVEY (TONNAGE MEASUREMENT) FOR MALTESE SHIPS

UNDER 24 METRES LENGTH, OTHER THAN FISHING VESSELS WITH OVERALL

LENGTH EQUAL OR GREATER THAN 15 METRES

Issued under the provisions of the Merchant Shipping (Tonnage) Regulations under the

authority of the Government of the Republic of Malta.

Before filling out this Certificate, surveyors are advised to see the instructions overleaf

Name of ship

Type of Ship and whether a dumb,

sailing or motor ship. If motor ship

how propelled

Where built

When built

Name and address of builders

Number of decks

Number of

Rigged

Stem

Stern

Build

mast

Hull Length

N u m b e r of

Overall Length

Breadth

Depth

Framework and

description of ship

Bulkheads

Hull Identification

Number

TONNAGE CALCULATION

overall length x

breadth

x

depth

x 0.16 =

overall length x

breadth

x

depth

x 0.16 =

Break, or breaks, if any, extending from side to side above line of deck ADD

mean length x mean breadth x mean height x 0.35 =

mean length x mean breadth x mean height x 0.35 =

The tonnage of the ship, as detailed above is

GROSS AND NET TONNAGE

CERTIFIED EXTRACTS OF PARTICULARS SUPPLIED BY BUILDERS, OWNERS OR

ENGINE MAKERS

Number of sets

Description of engines

When

Number of

cylinders in

of engines

made

each set

Power in kW

Name and address of makers

Model & Serial Numbers

Number of

shafts

I, the undersigned Surveyor, having measured the above named vessel, hereby certify that the

above particulars are true and that the tonnage has been ascertained in accordance with Part IV of

the Merchant Shipping (Tonnage) Regulations. I further declare that I am duly authorised by the

Government of Malta to issue this certificate.

Dated at

this

day of

(place of survey)

Signature of Surveyor and Official Stamp

(Reverse side of Certificate)

Great care is to be taken in completing the Certificate of

Survey (Tonnage Measurement) and Surveyors should carefully

note that no alterations are permitted on this Certificate and if

mistakes are made, it is to be re-printed or re-written.

The Surveyor should note the following when completing the

Certificate of Survey (Tonnage Measurement)

(a) Under the heading "Type of Ship and whether a

dumb, sailing or motor ship how propelled", the type of ship

shall be mentioned (eg. Yacht, Fishing, Cargo, Tug, Passenger,

etc.) and this shall be followed by the means of propulsion. If a

permanent motor is fitted to a sailing ship the entry is to be

"Sailing and Motor: Single Screw". In the case of a vessel

provided with a portable outboard motor the correct entry is

that applicable to the vessel without the motor, with a

qualification "fitted with portable outboard motor" eg. "Dumb

fitted with outboard motor" or "Sailing fitted with portable

outboard motor". When the main propulsion is by engine

the entry will be "Motor Ship, Single Screw", "Motor Ship,

Twin Screw", as appropriate.

(b) Under the headings "Where Built" and "Name and

Address of Builders" when the hull has been built in one

shipyard and the vessel fitted out at another, both places should

be shown under the headings, eg.

Where Built

Hull

Southampton

Fitted Out

Poole

Name and Address of

Hull

Boatyard Ltd,

Builders

Southampton

Fitted Out

Yacht Fitters

Ltd, Poole

(c) Under the heading "When Built" should be shown

the year in which the ship was launched or entered the water

for the first time or when it was completed, which is the

earlier.

(d) The description under the heading "Rigged" should

describe the arrangement eg. "Yawl", "Schooner", "Ketch", etc;

if a ship is not designed for sailing, and is not rigged for that

purpose "Not" is to be inserted.

(e) The description of the "Stem" should be "Straight",

"Raked", "Clipper", etc., as appropriate.

(f) The description of the "Stern" should be "Counter",

"Cruiser", "Transom", etc., as appropriate

(g) The description of the "Build" should indicate

construction of the hull i.e. "Clencher" for in and out plating or

planting or "Carvel" if flush; where there is a mixture then

"Part Carvel/Part Clencher" should be entered.

(h) The entry as regards "Framework and description of

ship" should describe the material of the hull and the type of

ship; i.e. material should be shown as "Wood", "Steel, "Glass

Reinforced Plastic", etc., as appropriate.

(i) The entry in respect of "Number of Bulkheads"

should relate to the complete bulkheads bounding main

compartments up to the deck level. If no complete bulkheads

are fitted the entry should be "None".

(j) The particulars of outboard and inboard propelling

engines should be completed. The "Description of engine" is to

be kept as simple as possible and yet fulfill the function of

accurately defining the type of engine fitted. In most ships, it

will be sufficient to insert "Internal combustion engine". The

entry in respect of Power shall be the combined maximum

continuous power (MCR) of all propulsion engines/motors

expressed in kilowatts (kW). The power of auxiliary engines/

motors shall not be included.

(k) Where numbers are required to be inserted in

respect of decks, masts, bulkheads, sets of engines, shafts and

cylinders, these are to be written in words; numerals are not

to be used. Only sail masts shall be included in the number of

masts on board.

(l) The Hull Identification Number (HIN) or Craft

Identification Number (CIN) shall indicate the vessel’s Hull No.

or Builder’s No. For yachts, recreational craft and personal

watercraft, the Hull Identification Number shall be in

conformance to ISO 10087, as amended, or equivalent.

(m) The Hull Length and Overall Length shall be

measured in accordance with the Vessel Measurement

Guidelines issued by TM, as applicable to the specific type of

vessel.

(n) For Yachts issued with a CE Declaration of

Conformity, in conformance with the EU Recreational Craft

Directive, the Hull Length L H shall be the length of hull

mentioned on the CE Declaration of Conformity.

(o) For Yachts, in the event that the Hull Length L H (ISO

8666) < 24m whilst at the same time the Length* Art.2(8) is ≥

24m, then the Art.2(8) Length* shall be considered as the

regulatory length and this simplified tonnage calculation form

shall not be utilised.

(p) For vessels having a LoA > 24m the Length Art.2(8)

shall be mentioned in the remarks section of the COS.

(*) - Length as defined in ICLL Art.2(8).".

€0.09

Malta Government Gazette — Legal Notice 2021 165 · Gazzetta tal-Gvern ta’ Malta Nru. 20,609 – 16.04.2021<P Class=Msonormal — Tonnage (Amendment) Regulations, 2021

In regulation 2 of the principal regulations, the definition Amends

"length overall" shall be substituted by the following new definition: regulation

the principal

regulations.

" "length overall" means the distance between the foreside

of the foremost fixed permanent structure and the afterside of the

aftermost fixed permanent structure; and "fixed permanent

structure" includes any portion of the hull which is capable of

being detached, but which must be fixed in place for the safe

operation of the vessel;".

Malta Government Gazette — Legal Notice 2021 165 · Gazzetta tal-Gvern ta’ Malta Nru. 20,609 – 16.04.2021<P Class=Msonormal — Tonnage (Amendment) Regulations, 2021

Regulation 18 of the principal regulations shall be amended Amends

regulation 18 of

as follows

the principal

regulations.

(a) immediately after sub-paragraph (iii) of paragraph (b)

of sub-regulation (3) thereof there shall be added the following

new paragraph

"(c) the hull length of a ship shall mean the length of

the hull measured in accordance with the harmonised

standard, whereas the phrase "harmonised standard" shall

have the meaning set out in paragraph (c) of Article 2(1) of

Regulation (EU) No 1025/2012 of the European Parliament

and of the Council on European Standardisation (in its up

to date form).".

(b) sub-regulation (8) thereof shall be substituted by the

following new sub-regulation

"(8) On completion of the measurement and if it is

in order to do so, the certifying authority shall issue to the

owner of every ship, the tonnages of which have been

ascertained in accordance with this Part of these

regulations, a Certificate of Survey (Tonnage

Measurement) for Maltese Ships under 24 Metres Length,

other than Fishing Vessels with overall length equal or

greater than 15m in the form set out in the Fifth Schedule or

as near thereto as circumstances permit, certifying the

tonnages of the ship and containing the particulars to be

shown thereon and such particulars, if any, as the Registrar-

General may deem proper.".

Malta Government Gazette — Legal Notice 2021 165 · Gazzetta tal-Gvern ta’ Malta Nru. 20,609 – 16.04.2021<P Class=Msonormal — Tonnage (Amendment) Regulations, 2021

The Fourth and Fifth Schedules to the principal regulations

shall be substituted by the following new Schedules

"FOURTH SCHEDULE

CERTIFICATE OF SURVEY (TONNAGE MEASUREMENT) FOR MALTESE FISHING

VESSELS OF 15 METRES LENGTH OVERALL TO LESS THAN 24 METRES LENGTH

Issued under the provisions of the Merchant Shipping (Tonnage) Regulations under the authority of

the Government of the Republic of Malta.

Official number

Port of Registry

When built

Name and address of builders

Stern

Stem

Build

Number of bulkheads

MAIN DIMENSIONS

Breadth

Depth

The tonnage of this vessel is

GROSS AND NET TONNAGE

CERTIFIED EXTRACTS OF PARTICULARS SUPPLIED BY BUILDERS, OWNERS OR ENGINE

Description of engines

When made

Number of

cylinders in

each set

KW

Name and address of makers

Number of

shafts

I, the undersigned Surveyor, having measured the above named vessel, hereby certify that the above

particulars are true and that the tonnage has been ascertained in accordance with Part III of the

Merchant Shipping (Tonnage) Regulations. I further declare that I am duly authorised by the

Government of Malta to issue this certificate.

Dated at

this

day of

(place of survey)

Signature of Surveyor and Official Stamp

(Reverse side of Certificate)

SPACES INCLUDED IN TONNAGE

GROSS TONNAGE

Name of Space

Location

Length

Underdeck

-

-

EXCLUDED SPACES (Regulation 2 and First Schedule of the Merchant Shipping (Tonnage) Regulations

An asterisk (*) should be added to those spaces listed above which comprise both enclosed and excluded

spaces.

Date and place of last original measurement

Date and place of last previous re-measurement

REMARKS

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →