Work in Fishing Convention (Amendment) Regulations, 2021

L.N. 233 of 2021

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Work in Fishing Convention (Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 38 of the

Fisheries Conservation and Management Act, the Minister for

Agriculture, Fisheries, Food and Animal Rights, has made the

following regulations:-

The title of these regulations is the Work in Fishing

Convention (Amendment) Regulations, 2021 and these regulations

shall be read and construed as one with the Work in Fishing

Convention Regulations, hereinafter referred to as the "principal

regulations".

Immediately after sub-regulation (2) of regulation of

regulation 1 of the principal regulations, there shall be added the

following new sub-regulations

"(3) Notwithstanding anything provided in these

regulations, these regulations shall apply without

prejudice to the provisions of the Merchant Shipping

(Fishing Vessels) (Minimum Safety and Health

Requirements) Regulations and the Merchant Shipping

(Fishing Vessel Safety) Rules

Provided that in case of conflict between the

provisions of these regulations and the provisions of the

aforesaid regulations, the provisions of these regulations

shall apply.

(4) The provisions of these regulations shall apply

without prejudice to the provisions applicable to sea-

fishing vessels according to Council Directive 92/29/EEC

of 31 March 1992 on the minimum safety and health

requirements for improved medical treatment on board

vessels, as in force from time to time

Provided that in case of conflict between the

provisions of these regulations and the provisions of said

Directive, the provisions of these regulations shall

apply.",

Regulation 2 of the principal regulations shall be Amends

renumbered as sub-regulation (1) and it shall be amended as follows: regulation

the principal

regulations.

(a) the definition

"competent authority" shall be

substituted by the following new definition

" "competent authority" means any public body,

department, agency, authority, specialised units,

commissions, boards or entities established for the exercise

of a public authority according to law, or any other person

or body otherwise subject to the control of the Government

of Malta, which may according to law be responsible for a

particular issue, sector or obligation, excluding the Director

or the Department of Fisheries and Aquaculture;";

(b) the definition "consultation" shall be substituted by

the following new definition

" "consultation" means that the Director shall discuss

with the Board any relevant matter requiring consultation

according to these regulations;";

(c) the definition "fishing vessel" or "vessel" shall be

substituted by the following new definition

" "fishing vessel" or "vessel" means a local fishing

vessel engaged in commercial fishing;";

(d) the definition "fisherman" shall be substituted by the

following new definition

" "fisherman" means any person involved in any work

and in any capacity on board any fishing vessel, inclusive

of self-employed fisherman providing services on board a

fishing vessel, but excluding port pilots and shore

personnel carrying out work on board a fishing vessel at the

quay side;";

(e) immediately following the definition "master" there

shall be added the following new definition

" "Medical Council" shall have the same meaning

as assigned to it in the Health Care Professions Act;"

(f) the definition "night" shall be substituted by the

following new definition

" "night" means the period between 9 p.m. on any one

day and 6 a.m. on the following day;";

(g) in the definition

"safe manning document",

immediately after the words "issued in case of Maltese vessel"

there shall be added the words "by the Director or"; and

(h) immediately after the words "made under the Act."

there shall be added the following new sub-regulation

"(2) Save as otherwise provided in these regulations,

the definitions provided for in the Act are to apply to these

regulations.".

Regulation 3 of the principal regulations shall be

substituted by the following new regulation

" Applicability.

3. (1) Save as otherwise provided in these

regulations, these regulations shall apply for all

fisherman on board all fishing vessels and for all fishing

vessels.

(2) In case of doubt as to whether any person or

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 Director, following consultation with

the Board.

(3) The Director may, on objective grounds, after

consultation and whenever the application of these

regulations raises special problems of a substantial nature

in the light of the particular conditions of service of the

fisherman or of the fishing vessels' operations concerned,

exclude limited categories of fishermen or fishing vessels

from the requirements of these regulations or from

certain of its provisions

Provided that any exclusions shall not apply

after the 16th November 2022.".

Regulation 5 of the principal regulations shall be

renumbered as sub-regulation (1) and it shall be amended as follows

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) all fishermen working on his vessel have

concluded a written fisherman's work agreement prior

to working on his vessel, and that said agreement is

comprehensible to the fishermen and protects them in

a manner consistent with the provisions of these

regulations;";

(ii) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) a fisherman’s work agreement shall

include articles providing the details, declarations,

conditions and rights required according to Schedule

V and in the absence thereof shall be deemed invalid

at law, without prejudice to the rights of the

fisherman according to these regulations and

particularly of Schedule V;";

(b) immediately after paragraph (d) of sub-regulation (1)

thereof there shall be added the following new sub-regulation

"(2) Sub-regulation (1) shall not apply to any fishing

vessel owner who is also single-handedly operating the

vessel.".

Regulation 6 of the principal regulations shall be Amends

renumbered as sub-regulation (1) and it shall be amended as follows: regulation

the principal

regulations.

(a)

in paragraph (b) thereof, the word "and" shall be

(b) in paragraph (c) thereof, the words "of these

regulations." shall be substituted by the words "of these

regulations; and";

(c) immediately after paragraph

(c)

thereof,

the

following new paragraphs shall be added

"(d) he establishes on board procedures for the

prevention, investigation and reporting of occupational

accidents, injuries and diseases, taking into account the

specific hazards and risks on the fishing vessel concerned;

(e) every fisherman on board is provided with

appropriate personal protective clothing and equipment,

and has received basic safety training approved by the

competent authority; and

(f) fishermen are sufficiently and reasonably

familiarized with equipment and its methods of operation,

including relevant safety measures, prior to using the

equipment or participating in the operations concerned."

and immediately thereafter there shall be added the

following new sub-regulations

"(2) The requirements of sub-regulation (1)(d) shall

be applied according to the instructions of the Director

following consultation according to these regulations.

(3) Anything done according to this regulation

shall take into consideration the crew on board, the area of

operation and the duration of the voyage.".

Regulation 8 of the principal regulations shall be

substituted by the following new regulation

(1) The Director shall ensure that all fishing

vessels are sufficiently and safely manned for their safe

navigation and operation, and he may prescribe

conditions for the safe manning of a fishing vessel as

may be appropriate for the fishing vessel and its

operations

Provided that for fishing vessels of twenty-

four metres in length or over, the Director shall establish

a minimum level of manning for the safe navigation of

the fishing vessel, specifying the number and the

qualifications of the fishermen required.

(2) All fishing vessels shall be operated under the

control of a competent master.

(3) Without prejudice to the obligations of the

master at law, the owner of the fishing vessel shall be

responsible for the fulfilment of all obligations under this

regulation.

(4) Whenever

conditions

are

prescribed

according to sub-regulation (1), said conditions shall be

deemed as part of the conditions of the fishing licence of

a fishing vessel, without prejudice to the discretion of the

Director to impose such conditions directly as conditions

of a fishing licence according to the provisions of the

Act.

(5) Any conditions prescribed according to sub-

regulation (1) shall be communicated to the owner of the

fishing vessel or to its registered master.

(6) A fishing vessel may not operate unless the

requirements of this regulation are fulfilled at all times of

operation

Provided that any default in the requirements

of this regulation shall ipso iure lead to the suspension of

the fishing licence of the fishing vessel

Provided further that no such suspension shall

apply when it is proven that any said default was

necessary as a result of any force majeure or distress

during the operation of the fishing vessel.".

8. Regulation 10 of the principal regulations shall be amended Amends

regulation 10 of

as follows

the principal

regulations.

(a) in paragraph (e) thereof, the words "are facilitated."

shall be substituted by the words "are facilitated;" and

immediately thereafter there shall be added the following new

paragraphs

"(f) that fishermen are trained in the handling of the

types of fishing gear they will use and in the knowledge of

the fishing operations in which they will be engaged;

(g) that the fishing vessel is stocked with adequate

quantities of medical products and equipment as adequate

according to the nature of the voyage, the area of operation,

the crew, the type of work performed by all fishermen and

the cargo of the fishing vessel;

(h) that himself, or his delegate, received special

training in relation to the use of medical supplies on board,

which training is to be updated periodically and at least

every five years, and said training shall be relevant for the

type of fishing vessel concerned, the risks involved, the

crew, the area of operation, the length of the voyage and the

needs involved, and it shall also be inclusive of and

according to what is referred under Annex V of Council

Directive 92/29/EEC of 31 March 1992 on the minimum

safety and health requirements for improved medical

treatment on board vessels, as in force from time to time;

(i) that medical supplies are accompanied by one

or more guides to their use, including instructions for use of

at least the antidotes required in Annex II section III of

Council Directive 92/29/EEC of 31 March 1992 on the

minimum safety and health requirements for improved

medical treatment on board vessels, as in force from time to

time, and said guides shall be in a language and format

understood by himself or his delegate according to

paragraph (h);

(j) that the fishing vessel carries a medical guide

adopted or approved by the Medical Council in

consultation with the Director, or the latest edition of the

International Medical Guide for Ships."; and

(b) immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulations

"(3) All expenses related to compliance with the

obligations of this regulation shall be borne by the fishing

vessel owner, at no cost for the fishermen.

(4) The fishing vessel owner shall ensure that the

master is competent to perform his obligations according to

these regulations, and shall provide, at his expense and as

may be needed, adequate training to ensure such

competence.

(5) Without prejudice to any other law, if it is

proven that the fishing vessel owner did not engage a

competent master according to sub-regulation (4), the

fishing vessel owner and the master shall be liable in

solidum for any breach of these regulations which may

result in damages or other claims of compensation

according to law.".

Regulation 12 of the principal regulations shall be

substituted by the following new regulation

(1) Subject to the provisions of this

regulation, no person under the age of sixteen years shall

work on any local fishing vessel.

(2) Without prejudice to sub-regulation (3) and

any other law, particularly those relating to work by

persons under eighteen (18) years of age and laws on

compulsory schooling, the Director may, in accordance

with these regulations and under certain conditions,

authorise persons aged fifteen (15) years of age and older

to work on a local fishing vessel for the purposes of

vocational training

Provided that the Director may also authorise

persons of the age of fifteen (15) to perform light work

during school holidays and in such cases he shall

determine, after consultation, the kinds of work

permitted and shall prescribe the conditions in which

such work shall be undertaken and the periods of rest

required, which in no instance shall be less than those

provided under regulation 24, as applicable pro rata for

the authorised periods of work

Provided further that regulations 25 and 27

shall be inapplicable for persons of fifteen (15) years of

age who are engaged in work according to this

regulation.

(3) Without prejudice to sub-regulation (4), no

person aged less than eighteen (18) years may be

authorised to work, or assigned activities by any other

person, which by their nature or the circumstances in

which they are carried out are likely to jeopardise the

health, safety, physical, mental or social development,

education or morals of such persons

Provided that, without prejudice to the

generality of this obligation, the Director may, after

consultation and consideration of the risks concerned and

applicable international standards, establish a list of

activities which shall be deemed to jeopardise the health,

safety, physical, mental or social development, education

or morals of persons aged less than eighteen (18) years

for the purposes of this regulation.

(4) The performance of the activities referred to

in sub-regulation (3) by persons of sixteen (16) and

seventeen (17) years of age may be authorised by the

Director, after consultation, 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

Provided that the authorisation for such work

is indispensable for the vocational training of the person

concerned and said work is performed at all times under

the supervision of a person competent for the

occupational health and safety of all those present on

board the fishing vessel.

10. Regulation 13 of the principal regulations shall be

substituted by the following new regulation

" Minors' night

(1) Without prejudice to the provisions of

this regulation and notwithstanding the provisions of any

other law, no fisherman under the age of eighteen (18)

years shall work at night.

(2) If authorised to work according to regulation

12, and notwithstanding sub-regulation (1), the Director

may allow work at night by a fisherman under the age of

eighteen (18) years if

(a) the effective training of the fishermen

concerned, in accordance with established

programmes and schedules, would be impaired; or

(b) the specific nature of the duty or a

recognized training programme requires that the

fishermen concerned perform duties at night and

the Director determines, after consultation, that the

work will not have a detrimental impact on their

health or well-being

Provided that any such night work shall be

performed at all times under the supervision of a person

competent for the occupational health and safety of all

those present on board the fishing vessel.

(3) Prior to performing any night work as may be

allowed according to sub-regulation (1), and at regular

intervals thereafter, the fisherman concerned shall

undergo a free assessment of their health and capacities

to be submitted to the Director, unless the night work

they perform is of an exceptional nature.".

11. Regulation 14 of the principal regulations shall be amended

as follows

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) Subject to the provisions of this regulation, no

person shall act as a fisherman on any Maltese vessel,

unless there 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

Provided that the medical practitioner issuing

the medical certificate shall explicitly declare that the same

has been issued in accordance with regulation 15.";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) The Director may, after consultation, dispense

with the requirement under sub-regulation (1), after taking

into account the safety and health of the fishermen, size of

the vessel, availability of medical assistance and

evacuation, duration of the voyage, area of operation and

type of fishing operation."; and

(c) in sub-regulation (3) the words "the competent

authority" shall be substituted by the words "the Director".

12. In regulation 15 of the principal regulations, the words Amends

"competent authority" shall be substituted by the words "Medical regulation

the principal

Council in consultation with the Director".

regulations.

13. In sub-regulation (1) of regulation 16 of the principal Amends

regulations, the text "or in the case of a certificate solely concerning regulation

the principal

eyesight, by a person recognised by the competent authority," shall be regulations.

substituted by the words "or in the case of a certificate solely

concerning eyesight, by a person recognised by the Medical Council

upon a reference for such purpose by the Director,".

In sub-regulation (3) of regulation 17 of the principal Amends

regulations, the words "or until the next port of call, whichever is the regulation

the principal

earliest, where the fisherman is to obtain a medical certificate from a regulations.

qualified medical practitioner, provided that the period shall not

exceed three months" shall be deleted.

Regulation 20 of the principal regulations shall be Substitutes

regulation 20 of

substituted by the following new regulation

the principal

regulations.

" Medical

(1) In relation to matters concerning the

review .

medical certificate as provided for in these regulations, a

fisherman may apply to the Director for his case to be

reviewed by an independent medical referee, not being

one who has already examined or given his opinion on the

fisherman, as may be appointed by the Medical Council

upon a reference of the case by the Director, in any one of

the following cases

(a) upon the refusal of a medical

practitioner to issue a medical certificate to the

fisherman, in all cases, and including those in which

the medical reasons for such a refusal have

disappeared;

(b) upon any limitation imposed by or

referred to in the medical certificate;

(c) upon the suspension for a period of more

than three (3) months or the cancellation of that

certificate by a medical practitioner pursuant to

regulation 19; or

(d) if the fisherman had, during his

examination, indicated that he finds himself unfit to

perform his duties on board a fishing vessel, but the

medical practitioner issued a medical certificate

nonetheless attesting that the fisherman is medically

fit to perform his duties on board a fishing vessel.

(2) Without prejudice to sub-regulation (1), the

Medical Council may prepare and update a list of medical

practitioners that may serve for the purposes of this

regulation, and in so doing the Medical Council may also

determine the medical practitioners to serve at particular

times or in particular orders.

(3) If his medical opinion differs from that of the

medical practitioner whose medical certificate, or lack

thereof, is under review, the medical referee may issue

the applicant under sub-regulation (1) with a new medical

certificate and in doing so he may provide such

restrictions as he deems appropriate for the benefit of the

applicant and those working with him

Provided that the medical referee may also

confirm the medical opinion and, or medical certificate

reviewed and these shall retain their validity from when

and as issued by the relevant medical practitioner

Provided further that when a medical referee

issues a new medical certificate according to this sub-

regulation, any medical certificate reviewed in the

process shall from that moment cease to have any validity

for the purposes of these regulations

Provided further that a medical referee shall

also be empowered to cancel a medical certificate under

review if that is deemed necessary according to his

medical opinion.

(4) The medical referee shall conclude his review

no later than two months from when the application for

review is referred to him together with all the supporting

documentation provided by the applicant.".

16. Regulation 25 of the principal regulations shall be amended Amends

regulation 25 of

as follows

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) The Director may, after consultation, authorise

collective agreements permitting exceptions to the limits in

sub-regulations (1) and (2) of regulation 24, but shall have

due regard for the general principles for the protection of

the health and safety of the fishermen."; and

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) In the absence of any collective agreement, or if

the Director determines that the provisions in the

agreement are inadequate, the Director shall determine

such provisions to ensure the fishermen concerned have

sufficient rest.".

17. Regulation 28 of the principal regulations shall be Substitutes

regulation 28 of

substituted by the following new regulation

the principal

regulations.

"28. A record of a fisherman’s daily hours of rest shall be

maintained by the master, or a person authorised by the master in

accordance with Schedule III or as specified in the guidelines

that shall be drawn up and published by the Director.".

18. Regulation 31 of the principal regulations shall be Substitutes

regulation 31 of

substituted by the following new regulation

the principal

regulations.

A fishing vessel owner shall provide the

" Information

competent authorities with such information on watch-

keepers and other fishermen working at night as may

be required by the competent authorities.".

19. Regulation 32 of the principal regulations shall be deleted.

Deletes

regulation 32 of

the principal

regulations.

20. Regulations 34 to 56 of the principal regulations shall be

21. Regulation 57 of the principal regulations shall be

substituted by the following new regulation

" Repatriation.

(1) When a fishing vessel is in a port outside

Malta's jurisdiction, or at sea and heading towards such a

port, the master and owner of the fishing vessel shall do

all that is reasonably required so as to repatriate a

fisherman to Malta, in any one of the following

circumstances

(a) when the fisherman's work agreement

has expired;

(b) when the fisherman's work agreement

has been terminated for justified reasons by one or

more of the parties to that agreement; or

(c) when the fisherman is no longer able to

carry out the duties required under the fisherman's

work agreement or cannot be expected to carry out

those duties in the specific circumstances of the

fisherman and the fishing vessel

Provided that when a fishing vessel is bound

to return to Malta, or to a port outside the jurisdiction of

Malta in the circumstances provided under sub-

regulation (4), and such a return is planned within a

maximum period of a week from when the relevant facts

entitling a fisherman to repatriation arise, then such a

period shall be deemed to be reasonable for the purposes

of this regulation.

(2) Without prejudice to sub-regulation (3), the

costs for the repatriation of the fisherman according to

sub-regulation (1) shall be borne by the fishing vessel

owner

Provided that repatriation should happen as

soon as possible and should the fisherman not be

repatriated within a reasonable time or should the fishing

vessel owner refuse to repatriate the fisherman, the

fisherman may opt to repatriate himself at his expense

Provided further that any repatriation

expenses paid for by the fisherman shall be without

prejudice to his right according to law to recover such

expenses and any applicable damages from the fishing

vessel owner when the latter were obliged to bear such

costs according to this regulation.

(3) When the repatriation was caused by the

negligence or bad faith of the fisherman himself, the

fishing vessel owner shall have the right to recover any

repatriation costs suffered by them, without prejudice to

any applicable damages according to law.

(4) The fisherman and the fishing vessel owner,

may agree in writing to repatriate the fisherman outside

the jurisdiction of Malta

Provided that a copy of such agreement is

delivered to the Director upon request or in any case not

later than the working day following the return of the

fishing vessel within the jurisdiction of Malta.

(5) The provisions of this regulation are without

prejudice to any right of the fishing vessel owner to

recover repatriation costs under third party contractual

agreements.

(6) In case the fishing vessel owner does not

cover the repatriation expenses of a fisherman and the

fisherman is not reasonably capable of covering those

expenses according to sub-regulation (2), the

Government of Malta shall cover those expenses

Provided that the Government of Malta shall

have a right to recover the same expenses from the

fishing vessel owner.".

22. Regulations 58 and 59 of the principal regulations shall be regulations 58

23. Regulation 60 of the principal regulations shall be amended Amends

as follows

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

words "Abandonment of fishermen.";

(b)

sub-regulations (2) to (7) thereof shall be deleted; and

(c)

the words "employment agreement" shall be

substituted by the words "work agreement".

24. The heading "Deceased or distressed fishermen" shall be

25. Regulations 61 to 71 of the principal regulations shall be

26. Regulation 72 of the principal regulations shall be

substituted by the following new regulation

(1) The master of the fishing vessel shall be

responsible to draw up a crew list, in writing, for every

fishing trip.

(2) A copy of the crew list shall be submitted to

the Director immediately before leaving port

Provided that the master of the fishing vessel

may also communicate the contents of the crew list to the

Director immediately after leaving port

Provided further that the master of the fishing

vessel shall provide the Director with a copy of the crew

list immediately after returning to port.

(3) For the purposes of proving compliance with

this regulation, the master of the fishing vessel may also

provide the crew list to any other competent authority

according to any other law

Provided that the Director may request to

receive a copy of the crew list from the master and, or

from the owner of the fishing vessel, and he may also

request the crew list of the fishing vessel from any other

competent authority according to law.".

27. Regulation 73 of the principal regulations shall be amended

as follows

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

words "Food and accommodation. Schedule IV.";

(b) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) All fishing vessels shall be in compliance with

the minimum guidelines on food and weekly rations set out

in Schedule IV and such rations shall be of sufficient

nutritional value and of adequate quality.";

(c) in sub-regulation (2) thereof, the words "The

competent authority" shall be substituted by the words "The

Director"; and

(d) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulations

"(3) All guidelines published according to this

regulation shall be presumed to provide the following

requirements

(a) that the food and water provided

according to these regulations shall be at no cost to

the fisherman and of adequate quality, and no

agreement to the contrary shall be deemed valid at

law; and

(b) that nothing in said guidelines shall

provide for lesser rights to fishermen as otherwise

available or allowable according to law.

(4) Guidelines published according to this

regulation shall consider the provisions of Schedule IV as a

minimum, and any provisions in said guidelines in relation

to matters provided under Schedule IV shall consider the

same and may provide for more favourable provisions for

fishermen.

(5) The Director may, following consultation,

exempt categories of fishing vessels from the application of

this regulation.".

28. The headings "HEALTH AND SOCIAL WELFARE Deletes

SERVICES" and "Owner’s liability for medical care" of the principal headings

principal

regulations shall be deleted.

regulations.

29. Regulations 74 and 75 of the principal regulations shall be Deletes

regulations 74

and 75 of the

principal

regulations.

30. Regulation 76 of the principal regulations shall be Substitutes

regulation 76 of

substituted by the following new regulation

the principal

regulations.

(1) Fishing vessels owners shall ensure that

at least one fisherman on board is in charge of medical

care and for administering medicine as part of his regular

duties, or at least one fisherman on board is competent to

provide medical first aid.

(2) Save if they are medical doctors, fishermen in

charge of medical care on board shall have satisfactorily

completed training in medical care and, or medical first

aid.

(3) A fisherman has the right to medical treatment

on board the fishing vessel, and the right to be taken

ashore in a timely manner for medical care and treatment

in the event of a work-related injury, any serious injury or

illness occurring to him.

(4) When fishermen working on a fishing vessel

are on board or outside the jurisdiction of Malta, the

fishing vessel owner shall be responsible for the

fishermen’s necessary

(a) health protection; and, or

(b) medical care;

(c) medical support;

(d) medical assistance;

(e) medical treatment; and, or

(f) for their general well-being.

(5) All expenses in relation to this regulation shall

be borne by the fishing vessel owner, up to the moment of

a fisherman’s repatriation if applicable, unless the

relevant medical services are covered by the social

security system of Malta or any other public medical

service in Malta which would otherwise be available to

the concerned fishermen

Provided that nothing in this sub-regulation

shall be construed as being against any right or obligation

in the fisherman's work agreement allowing the fisherman

access to private medical services at the expense of the

fishing vessel owner

Provided further that anything done according

to this regulation shall be at no cost to the fisherman.".

31. Regulation 77 of the principal regulations shall be

substituted by the following new regulation

Without prejudice to any other law and save if

otherwise provided in these regulations, the fishing

vessel owner shall be liable towards the fisherman for

any right resulting from these regulations and for any

default thereof

Provided that the fishing vessel owner may

defend himself by proving that any such default is not

due to his own omissions or actions, and he did all that

was reasonably possible to avoid such a default

Provided further that any omission or action

by the master shall not be a defence available to the

fishing vessel owner, and any default by the master shall

give rise to liability in solidum against the master and the

fishing vessel owner, in favour of the fisherman.".

32. Regulation 78 of the principal regulations shall be amended Amends

regulation 78 of

as follows

the principal

regulations.

(a) in the proviso to sub-regulation (1) thereof, the words

"shall take appropriate action." shall be substituted by the words

"shall take appropriate action:" and immediately thereafter there

shall be added the following new proviso

"Provided further that any assessment

according to this regulation shall be conducted with the

participation of fishermen or their chosen representatives,

as appropriate.".

33. Regulation 79 of the principal regulations shall be deleted.

Deletes of

regulation 79 of

the principal

regulations.

34. Regulation 80 of the principal regulations shall be amended Amends

regulation 80 of

as follows

the principal

regulations.

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

words "Drawing up of assessments and provision of materials.";

(b) paragraph (a) thereof, the words "safety policy and

programme; and" shall be substituted by the words "safety policy

and programme;";

(c) in paragraph (b) thereof, the words "the age of

eighteen years." shall be substituted by the words "the age of

eighteen (18) years; and"; and immediately thereafter there shall

be added the following new paragraph

"(c) his obligation to provide the fishing vessel crew

with suitable guidance, training material and, or other

appropriate information on how to evaluate and manage

risks to safety and health on board the fishing vessel, as

appropriate after taking into consideration the crew on

board, the area of operation and the duration of the voyage,

and the provided guidance, material or information shall

form part of the protective measures to be implemented

according to regulation 78(4).".

35. The heading "Complaints" of the principal regulations shall

be deleted.

36. Regulations 82 to 84 of the principal regulations shall be

37. Sub-regulation (4) of regulation 85 of the principal

regulations shall be deleted.

38. Immediately after regulation 87 there shall be added the

following new regulation

(1) Sakemm ma jkunx provdut mod ieħor

oni bir-radju u

skont

il-liġi, l-awtorità kompetenti għandha s-setgħa li

taħtar u, jew tistabbilixxi ċentri biex jipprovdu lis-

sajjieda abbord bastimenti tas-sajd u fuq il-baħar

b’konsulenza

medika

bla

ħlas

permezz

ta’

komunikazzjoni bir-radju jew bis-satellita.

(2) Kwalunkwe ċentru maħtur u, jew stabbilit

skont is-subregolament (1) għandu jkollu mill-inqas tabib

wieħed imħarreġ fil-kundizzjonijiet speċjali prevalenti

abbord il-bastimenti tas-sajd b’mod ġenerali

Iżda l-Kunsill Mediku għandu jinnomina lit-

tabib mediku msemmi jew tabib mediku li fl-opinjoni

tiegħu huwa kompetenti professjonalment biex iservi

skont dan ir-regolament.

(3) L-awtorità kompetenti għandha s-setgħa li

tordna l-installazzjoni ta’ sistemi adegwati ta’

komunikazzjoni bir-radju jew bis-satellita abbord

bastimenti tas-sajd għall-finijiet ta’ dawn ir-regolamenti

Iżda kwalunkwe sistema bħal din għandha

tkun bi spejjeż ta’ sid il-bastiment tas-sajd.".

39. Fl-Iskeda I li tinsab mar-regolamenti prinċipali, il-kliem

"awtorità kompetenti" għandhom jiġu sostitwiti bil-kliem "id-

Direttur", kull fejn tidher, bl-eċċezzjoni tal-partita 11.

40. Minnufih wara l-Iskeda IV li tinsab mar-regolamenti

prinċipali għandha tiżdied l-Iskeda ġdida li ġejja

"Skeda V

IL-KONTENUT, IL-KUNDIZZJONIJIET U D-DRITTIJIET MINIMI

FI FTEHIM TA’ XOGĦOL TA’ SAJJIED

1. Il-kunjom u l-ismijiet tas-sajjied, id-data tat-twelid u l-post

tat-twelid.

2. Id-data u l-post tal-konklużjoni tal-ftehim bejn il-partijiet.

3. L-isem tal-bastiment tas-sajd jew tal-bastimenti tas-sajd li

fuqhom is-sajjied jista’ jintalab jaħdem, u n-numri ta’ reġistrazzjoni

tagħhom fir-Reġistru tal-Bastimenti tas-Sajd.

4. Isem sid il-bastiment tas-sajd.

5. Indikazzjoni ġenerali tal-vjaġġi li għandhom isiru jew, jekk

possibbli, jiġu speċifikati b'mod preċiż.

6. Ir-rwol li s-sajjied se jkollu abbord.

7. L-ewwel data jew dati, kif ikun magħrufa u miftiehma,

meta s-sajjied ikollu jirrapporta għax-xogħol abbord.

8. Il-paga u, jew ir-rimunerazzjoni dovuti lis-sajjied.

9. Għal kuntratti definiti, id-data tat-terminazzjoni u, jew il-

metodu ta’ terminazzjoni għall-ftehim ta’ xogħol tas-sajjied u, jekk

applikabbli, il-port tad-destinazzjoni u l-ħin li warajh il-ftehim jitqies

li jintemm jekk il-ftehim ikun għal vjaġġ speċifiku.

10. Għal kuntratti indefiniti, il-metodi ta’ terminazzjoni

miftiehma u disponibbli għall-partijiet kollha, kif ukoll il-perjodi ta’

notifika applikabbli li għandhom ikunu ugwali għall-partijiet kollha

jew itwal għal sid il-bastiment tas-sajd jekk huwa jagħżel li jagħti

avviż ta’ terminazzjoni lis-sajjied.

11. Dikjarazzjoni li l-ftehim ta’ xogħol tas-sajjied huwa soġġett

għar-rekwiżiti kollha ta’ dawn ir-regolamenti u għal kwalunkwe liġi

oħra applikabbli għar-relazzjoni tax-xogħol, jekk tali liġi ma tkunx

f’kunflitt ma’ dawn ir-regolamenti jew jekk tipprovdi aktar drittijiet

jew drittijiet aktar favorevoli għas-sajjied meta mqabbla ma’ dawk

ipprovduti taħt dawn ir-regolamenti.

12. Dikjarazzjoni li xejn ipprovdut fil-ftehim ta’ xogħol tas-

sajjied ma jnaqqas, jidderoga jew jirrinunzja kwalunkwe dritt kif

applikabbli għas-sajjied skont dawn ir-regolamenti u, jew kwalunkwe

liġi oħra.

13. Jekk ikun applikabbli ftehim ta’ negozjar kollettiv, għandha

ssir referenza speċifika għalih.

14. Id-dikjarazzjoni li sid il-bastiment tas-sajd għandu,

mingħajr preġudizzju għal kwalunkwe dritt jew obbligu ieħor skont il-

liġi, ikun kuntrattwalment responsabbli, permezz tal-ftehim ta’ xogħol

tas-sajjied, biex jikkumpensa lis-sajjied fil-każ ta’ kwalunkwe mard

jew korriment minħabba aċċident jew mard fuq il-post tax-xogħol,

ħlief jekk tali kumpens ikun kopert mis-sistema tas-sigurtà soċjali ta’

Malta jew minn kwalunkwe sistema pubblika oħra f’Malta li tkun

disponibbli għas-sajjieda kkonċernati.".

(1) Unless otherwise provided according to

law, the competent authority shall be empowered to

communicatio

designate and, or establish centres to provide fisherman

on board fishing vessels and at sea with free medical

advice by radio or satellite communication.

(2) Any centre designated and, or established

according to sub-regulation (1) shall have at least one

medical doctor trained in the special conditions prevailing

on board fishing vessels in general

Provided that the Medical Council shall

designate said medical doctor or a medical doctor which

in its opinion is professionally competent to serve

according to this regulation.

(3) The competent authority shall be empowered

to order the installation of adequate radio or satellite

communication systems on board fishing vessels for the

purposes of these regulations

Provided that any such system shall be at the

expense of the fishing vessel owner.".

39. In Schedule I to the principal regulations, the words

"competent authority" wherever they occur, with the exception of item

11, shall be substituted by the word "Director".

40. Immediately after Schedule IV to the principal regulations

there shall be added the following new Schedule

"Schedule V

MINIMUM CONTENTS, CONDITIONS AND RIGHTS IN A

FISHERMAN’S WORK AGREEMENT

1. The fisherman's family name and other names, date of birth

and birthplace.

2. Date and place of conclusion of agreement between the

parties.

3. The name of the fishing vessel or fishing vessels on which

the fisherman may be asked work, and their registration numbers in the

Fishing Vessel Register.

4. The name of the fishing vessel owner.

5. A general indication of the voyages to be undertaken or, if

possible, their exact specification.

6. The role taken on board by the fisherman.

7. The first date or dates, as may be known and agreed, when

the fisherman is to report on board for work.

8. The wages and, or remuneration due to the fisherman.

9. For definite contracts, the termination date and, or

termination method for the fisherman’s work agreement and, if

applicable, the port of destination and time after which the agreement

is deemed to terminate if the agreement is for a determined voyage.

10. For indefinite contracts, the methods of termination agreed

and available to all parties, as well as the applicable notice periods

which shall be equal for all parties or longer for the fishing vessel

owner if he opts to give a termination notice to the fisherman.

11. A declaration that the fisherman’s work agreement is

subject to all the requirements of these regulations and any other law

applicable to the working relationship, if such law is not in conflict

with these regulations or provides further or more favourable rights to

the fisherman when compared to those provided under these

regulations.

12. A declaration that nothing provided in the fisherman’s

work agreement lessens, derogates or waives any right as applicable to

the fisherman according to these regulations and, or any other law.

13. If a collective bargaining agreement is applicable, a

specific reference to it must be made.

14. The declaration that the fishing vessel owner shall, without

prejudice to any other right or obligation at law, be contractually

liable, by virtue of the fisherman’s work agreement, to compensate the

fisherman in the event of any sickness or injury due to occupational

accident or disease, save if such compensation is covered by the social

security system of Malta or any other public system in Malta which is

available to the concerned fishermen.".

€1.89