TONNAGE REGULATIONS

SUBSIDIARY LEGISLATION 234.19

TONNAGE REGULATIONS

1st January, 2003 *

LEGAL NOTICE 391 of 2002, as amended by Legal Notices 411 of 2007

and 165 of 2021.

PART I

General

The title of these regulations is Tonnage Regulations.

Excluded spaces as defined in regulation 2

In the following figures:0 = excluded space

C = enclosed space

I

= space

to

be

considered

as

an

enclosed

space

Hatched in parts to be included as enclosed spaces.

B = breadth of the deck in way of the opening.

In ships with rounded gunwales the breadth is measured as indicated in Figure 11.

(1)

In these regulations unless the context otherwise

requires

"the Act" means the Merchant Shipping Act;

"administration" means the Government of the state whose flag

the ship is flying;

"amidships" means the mid-point of the length (as defined

below), except in the case of a ship of not less than 24 metres in

length when it means the mid-point of the length overall;

"breadth" means the maximum breadth of the ship, measured

amidships to the moulded line of the frame in a ship with a metal

shell and to the outer surface of the hull in a ship with a shell of any

other material;

"break" means the space bounded longitudinally by a side to side

upward step in the lowest line of the upper deck and another such

step or the end of the ship, transversely by the sides of the ship and

vertically by the higher part of the deck and the lowest line of the

upper deck continued parallel thereto;

"cargo spaces" means enclosed spaces which are appropriated for

the transport of cargo to be discharged from the ship;

"certifying authority" means the Minister or any person

authorised by the Minister for the purposes of these regulations and

includes organizations or bodies of surveyors authorised by the

Minister in that behalf;

"contracting Government" means the Government of a country

which has accepted the International Convention on Tonnage

Measurement of Ships, 1969, signed in London on the 23rd June,

1969;

"Convention" means the International Convention on Tonnage

Measurement of Ships, 1969, signed in London on the 23rd June,

1969;

"enclosed spaces" means all those spaces, other than excluded

spaces, which are bounded by the ship’s hull, by fixed or portable

partitions or bulkheads, or by decks or coverings other than

permanent or moveable awnings. No break in a deck, nor any

*see regulation 1(2) of these Regulations, as originally promulgated.

opening in the ship’s hull, in a deck or in a covering of a space, or

in the partitions or bulkheads of a space, nor the absence of a

partition or bulkhead, shall preclude a space from being included in

the enclosed spaces;

and for the purposes of this definition "excluded spaces" means,

subject to paragraph (f) below, any of the spaces specified in

paragraphs (a) to (e) below

(a) that part of an enclosed space within an erection

opposite an end opening and extending from the

opening to an athwartship line at a fore and aft

distance from the opening equal to half the breadth of

the deck at the line of the opening. Such end opening

shall have a breadth equal to or greater than 90 per

cent of the breadth of the deck at the line of the

opening and shall extend from deck to deck or to a

curtain plate of a depth not exceeding by more than 25

millimetres the depth of the adjacent deck beams, as

specified in figure 1 of the First Schedule; provided

that -

(i)

where at any point the width of the enclosed

space, because of any arrangement except

covergence of the outside plating, as specified in

figure 3 of the First Schedule, becomes less than

90 per cent of the breadth of the deck at the line

of the opening, the excluded space shall extend

only to an athwartship line intersecting that

point, as specified in figures 2 and 4 of the First

Schedule;

(ii) where the opposite ends of two enclosed spaces

are separated by a gap, which is completely open

except for bulwarks or open rails end of fore and

aft length less than half the least breadth of the

deck at the gap, then no part of the enclosed

spaces shall be excluded, as specified in figures

5 and 6 of the First Schedule;

(b) a space under an overhead deck covering open to the

sea and weather, having no other connection on the

exposed sides with the body of the ship than the

stanchions necessary for its support. In such a space,

open rails or a bulwark and curtain plate may be fitted

or stanchions fitted at the ship’s side, provided that the

distance between the top of the rails or the bulwark

and the curtain plate is not less than 0.75 metres or

one-third of the height of the space, which ever is the

greater, as specified in figure 7 of the First Schedule;

(c) a space in a side-to-side erection between opposite

side of openings not less in height than 0.75 metres or

one third of the height of the erection, whichever is the

greater. If the opening in such an erection is provided

on one side only, the space to be excluded from the

volume of enclosed spaces shall be limited inboard

from the opening to a maximum of one-half of the

breadth of the deck in way of the opening, as specified

in figure 8 of the First Schedule;

(d) a space in an erection immediately below an

uncovered opening in the deck overhead, provided that

such an opening is exposed to the weather and the

space excluded from enclosed spaces is limited to the

area of the opening, as specified in figure 9 of the First

Schedule;

(e) a recess in the boundary bulkheads of an erection

which is exposed to the weather and the opening of

which extends from deck to deck without means of

closing, provided that the interior width is not greater

than the width at the entrance and its extension into the

erection is not greater than twice the width of its

entrance, as specified in figure 10 of the First

Schedule;

(f)

notwithstanding the provisions of paragraphs (a) to (e)

inclusive, any space listed in those paragraphs which

fulfils at least one of the following conditions shall be

treated as an enclosed space

(i)

the space is fitted with shelves or other means

for securing cargo or stores;

(ii) the openings are fitted with any means of

closure;

(iii) the construction provides any possibility of such

openings being closed;

"fishing vessel" means a vessel granted a licence or permit to

fish in terms of the Fisheries Conservation and Management Act;

"foreign ship" means a ship which is not a Maltese ship;

"length" means the greater of the following distances

(a) the distance between the fore side of the stem and the

axis of the rudder stock; or

(b) a distance measured from the fore side of the stem,

being 96 per cent of the distance between that point

and the aft side of the stern,

the said points and measurements being taken respectively at and

along a waterline at 85 per cent of the least moulded depth of the

ship. In the case of a ship having a rake of keel the waterline shall

be parallel to the designed waterline;

"length overall" means the distance between the foreside of the

foremost fixed permanent structure and the afterside of the

aftermost fixed perm anent 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;".

"Load Line Rules" means the Load Line Rules, and includes in

relation to any ship not registered in Malta any corresponding rules

of the country in which the ship is registered;

"MARPOL Convention" means the International Convention for

the Prevention of Pollution from Ships, signed in London on 2nd

November, 1973 and the Protocol thereto signed in London on 17th

February, 1978;

"moulded depth" and in the case of a ship of less than 24 metres

"depth", means the vertical distance measured from the top of the

keel of a metal ship, or in wood or composite ships from the lower

edge of the keel rabbet, to the underside of the upper deck at side,

or, in the case of a ship which is not fully decked, to the top of the

upper stroke or gunwale, provided that -

(a) where the form at the lower part of the midship section

is of a hollow character, or where thick garboards are

fitted, the distance is measured from the point where

the line of the flat of the bottom continued inwards

cuts the side of the keel;

(b) in the case of a glass reinforced plastic ship where no

keel member is fitted and the keel is of open trough

construction, the distance is measured from the top of

the keel filling, if any, or the level at which the inside

breadth of the trough is 100 millimetres, whichever

give the lesser depth;

(c) in ships having rounded gunwales, the distance is

measured to the point of intersection of the moulded

lines of the deck and side shell plating, the lines

extending as though the gunwales were of angular

design; and

(d) where the upper deck is stepped and the raised part of

the deck extends over the point at which the moulded

depth is measured, the distance is measured to a line of

reference extending from the lower part of the deck

along a line parallel with the raised part; and for the

purposes of this definition

(i)

"upper deck" means the uppermost complete

deck exposed to weather and sea, which has

permanent means of weathertight closing of all

openings in the weather part thereof, and below

which all openings in the sides of the ship are

fitted with permanent means of watertight

closing. In a ship having a stepped upper deck,

the lowest line of the exposed deck and the

continuation of that line parallel to the upper

part of the deck is taken as the upper deck; and

(ii) "weathertight" means that in any sea conditions

water will not penetrate into the ship;

"moulded draught" means

(a) for ships assigned load lines in accordance with the

Load Lines Rules, the draught corresponding to the

Summer Load Line (other than timber load lines);

(b) for passenger ships, the draught corresponding to the

deepest subdivision load line assigned in accordance

with the SOLAS Convention (as defined below) or

other international agreement where applicable or in

accordance with the provisions of regulations

implementing such Convention or agreement where

applicable;

(c) for ships to which no load line has been assigned but

the draught of which is restricted by the Minister, the

maximum permitted draught;

(d) for other ships, 75 per cent of the moulded depth

amidships as defined in this regulation;

"oil tanker" means a ship constructed or adapted to carry oil in

bulk in its cargo spaces and includes combination carriers; for the

purposes of this definition, "combination carrier" means a ship

designed to carry either oil or solid cargoes in bulk;

"passenger" means any person carried in a ship except

(a) a person employed or engaged in any capacity on

board the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the

obligation laid upon the master to carry shipwrecked,

distressed or other persons, or by reason of any

circumstances that neither the master nor the owner

nor the charterer (if any) could have prevented; and

(c) a child under one year of age;

"pleasure yacht" means a vessel primarily used for sport or

recreation;

"similar stage of construction" means the stage at which

(a) construction identifiable with a specific ship begins;

and

(b) assembly of that ship has commenced comprising at

least 50 tonnes or one per cent of the estimated mass of

all structural material whichever is the less;

"SOLAS Convention" means the International Convention for

the Safety of Life at Sea, signed in London on 1st November, 1974,

and the Protocol thereto signed in London on 17th February, 1978;

"STOW Convention" means the International Convention on

St andards of Training, Certifica tion and Watchkeeping for

Seafarers, signed in London on 7th July, 1978;

"surveyor" means a surveyor appointed by a certifying authority.

(2) Any reference in these regulations to an international

convention or its related protocol or code shall include reference to

any amendments to such convention, protocol or code accepted by

the Govemment of Malta.

PART II

Application, Ascertainment of Tonnage and Certification for

Ships of 24 Metres in Length and Over

Coefficients K 1 and K 2 referred to in regulations 6, 7 and 8

V or V c = Volume in cubic metres

V or V c

K 1 or K 2

V or V c

K 1 or K 2

V or V c

K 1 or K 2

V or V c

K 1 or K 2

0.2200

45000

0.2931

330000

0.3104

670000

0.3165

0.2260

50000

0.2940

340000

0.3106

680000

0.3166

0.2295

55000

0.2948

350000

0.3109

690000

0.3168

0.2320

60000

0.2956

360000

0.3111

700000

0.3169

0.2340

65000

0.2963

370000

0.3114

710000

0.3170

0.2356

70000

0.2969

380000

0.3116

720000

0.3171

0.2369

75000

0.2875

390000

0.3118

730000

0.3173

0.2381

80000

0.2981

400000

0.3120

740000

0.3174

0.2391

85000

0.2986

410000

0.3123

750000

0.3175

0.2400

90000

0.2991

420000

0.3125

760000

0.3176

0.2460

95000

0.2996

430000

0.3127

770000

0.3177

0.2495

100000

0.3000

440000

0.3129

780000

0.3178

0.2520

110000

0.3008

450000

0.3131

790000

0.3180

0.2540

120000

0.3016

460000

0.3133

800000

0.3181

0.2556

130000

0.3023

470000

0.3134

810000

0.3182

0.2569

140000

0.3029

480000

0.3136

820000

0.3185

0.2581

150000

0.3035

490000

0.3138

830000

0.3184

0.2591

160000

0.3041

500000

0.3140

840000

0.3185

0.2600

170000

0.3046

510000

0.3142

850000

0.3186

0.2660

180000

0.3051

520000

0.3143

860000

0.3187

0.2695

190000

0.3056

530000

0.3145

870000

0.3188

0.2720

200000

0.3060

540000

0.3146

880000

0.3189

0.2740

210000

0.3064

550000

0.3148

890000

0.3190

0.2756

220000

0.3068

560000

0.3150

900000

0.3191

0.2769

230000

0.3072

570000

0.3151

910000

0.3192

0.2781

240000

0.3076

580000

0.3153

920000

0.3193

0.2791

250000

0.3080

590000

0.3154

930000

0.3194

10000

0.2800

260000

0.3083

600000

0.3156

940000

0.3195

15000

0.2835

270000

0.3086

610000

0.3157

950000

0.3196

20000

0.2860

280000

0.3089

620000

0.3158

960000

0.3196

25000

0.2880

290000

0.3092

630000

0.3160

970000

0.3197

30000

0.2895

300000

0.3095

640000

0.3161

980000

0.3198

35000

0.2909

310000

0.3098

650000

0.3163

990000

0.3199

40000

0.2920

320000

0.3101

660000

0.3164

1 000000

0.3200

Coefficients K 1 or K 2 at intermediate values of V or V c shall be obtained by linear

interpolation.

This Part of these regulations shall apply to ships

(including fishing vessels and pleasure yachts), being ships of 24

metres in length or over, registered or to be registered as Maltese

ships under Part II or Part IIA of the Act.

Ascertainment of Tonnage

International Tonnage Certificate (1969)

Issued under the provisions of the

INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT OF SHIPS

(1969)

under the authority of the Government of the Republic of Malta.

Name of Ship

Official Number

Port of Registry

Date*

* Date on which keel was laid or the ship was at a similar stage of construction,

(article 2(6)) or date on which the ship underwent alterations or modifications of a

major character, (article 3(2)(b)), as appropriate.

MAIN DIMENSIONS

Moulded Depth Amidships to Upper

Length

Breadth

Deck

(Article 2(8))

(Regulation 2(3))

(Regulation 2(2))

The tonnages of the ship are

GROSS TONNAGE ...................................................................

NET TONNAGE ...................................................................

THIS IS TO CERTIFY

that the tonnages of this ship have been determined in accordance with the

provisions of the International Convention on Tonnage Measurement of Ships 1969.

Issued at ................................

....................., ..............

(place of issue of certificate)

(date of issue)

The undersigned declares that he is duly authorised by the said Governments to

issue this certificate

(signed) ...................................................

(Reverse side of Certificate)

SPACES INCLUDED IN TONNAGE

GROSS TONNAGE

NET TONNAGE

Name of Space

Location

Length

Name of

Location

Length

Space

Underdeck

-

-

NUMBER OF PASSENGERS

(Regulation 4(1))

Number of passengers in cabins with not

more than 8 berths .....................................

EXCLUDED SPACES

Number of other passengers ......................

(Regulation 2(5))

An asterisk (*) should be added to those

MOULDED DRAUGHT

spaces listed above which comprise both

(Regulation 4(2))

enclosed and excluded spaces.

Date and place of original measurements ..........................................................................

Date and place of last previous re-measurement ................................................................

REMARKS

(1) The owner and the master of a ship to be measured

shall make it available for measurement by a surveyor and afford

all necessary facilities for its inspection, survey and measurement

and shall produce such plans, drawings, specifications and other

documents relating to the ship that the surveyor may require for his

use or retention.

(2) The gross and net tonnages shall be determined in

accordance with regulations 6 and 7 provided that in the case of

novel types of craft with constructional features which render the

application of the provisions of these regulations unreasonable or

impracticable, the gross and net tonnages shall be determined as

required by the Minister.

(3) All measurements used in the calculations of volumes shall

be taken and expressed in metres to the nearest one hundredth of a

metre.

(4) Gross and net tonnages shall be expressed as whole

numbers, decimals rounded off downwards.

Substituted by

L.N. 165 of 2021.

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.

Name of vessel

Official number

Port of Registry

Where built

When built

Name and address of builders

Number of decks

Stern

Stem

Build

Framework

Number of bulkheads

MAIN DIMENSIONS

Length Overall

Breadth

Depth

The tonnage of this vessel is

GROSS AND NET TONNAGE

CERTIFIED EXTRACTS OF PARTICULARS SUPPLIED BY BUILDERS, OWNERS OR

ENGINE MAKERS

Number of sets of

Description of engines

When made

Number of

engines

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

(1) All volumes included in the calculation of gross and

net tonnages shall be measured, irrespective of the fitting of

insulation or the like, to the inner side of the shell or structural

boundary plating in ships constructed of metal, and to the outer

surface of the shell or to the inner side of the structural boundary

surfaces in ships constructed of any other material.

(2) Volumes of appendages shall be included in the total

volume.

(3) Volumes of spaces open to the sea shall be excluded from

the total volume.

(4) The method and accuracy of the calculations shall be to the

satisfaction of the Minister and shall be sufficiently detailed to

facilitate checking.

Substituted by

L.N. 165 of 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

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

Number of

Rigged

Stem

Stern

Build

decks

mast

Framework and

Hull Length

N u m b e r of

Overall

Breadth

Depth

description of

Bulkheads

Length

ship

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

Description of engines

When

Number

of

sets of

made

cylinders

engines

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 Builders

Hull

Boatyard Ltd,

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).

The gross tonnage (GT) of a ship shall be determined by

the following formula: GT = K 1 V

where: V = total volume of all enclosed spaces of the ship

in cubic metres,

K 1 = 0.2 + 0.02 log 10 V or as specified in the Second

Schedule.

The net tonnage (NT) of a ship shall be determined by the

following formula

4d

(

)

( N +

)

NT = K 2 V c

+ K 3

3D

where

V c = total volume of cargo spaces in cubic metres

K 2 = 0.2 + 0.02 log 10 V c or as specified in the Second

Schedule

GT + 10,000

K 3 = 1.25

10,000

where GT = gross tonnage calculated in accordance with

regulation 6

D = moulded depth amidships in metres

d = moulded draught amidships in metres

N 1 = number of passengers in cabins with not more than 8

berths; and

N 2 = number of other passengers

Provided that

(a) the factor

4d

(

)

3D

shall not be taken as greater than unity;

(b) the term

4d

(

)

K 2 V c

3D

shall not be taken less than 0.25 GT;

(c) N 1 and N 2 shall be taken as zero when N 1 + N 2 is less

than 13; and

(d) NT shall not be taken as less than 0.30 GT.

(1) Where segregated ballast tanks complying with

Regulation 13 of Annex 1 of the MARPOL Convention are

provided in oil tankers, an entry may be made on the International

Tonnage Certificate (1969) indicating the total tonnage of these

tanks. The tonnage of such segregated ballast tanks shall be

calculated according to the following formula

K 1 x V b

where: K 1 = 0.2+0.02 log 10 V or as specified in the Second

Schedule;

V = the total volume of all enclosed spaces of the ship in

cubic metres; and

V b = the total volume of segregated ballast tanks in cubic

metres measured in accordance with regulation 5.

Certification

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 regulations 6 and 7, an International

Tonnage Certificate (1969) in the form set out in the Third

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.

(1) Where alterations are made in the arrangement,

construction, capacity, use of spaces, total number of passengers

the ship is permitted to carry under the terms of the ship’s

passenger certificate, assigned load line, or permitted draught of

the ship such as would cause an increase in the gross or net

tonnage, the existing International Tonnage Certificate (1969) shall

cease to be valid and shall be delivered up to and cancelled by the

certifying authority.

(2) When a ship is transferred from the Malta Register the

International Tonnage Certificate (1969) shall cease to be valid

except when the transfer is to the administration of a state which is

a contracting Government, in which case the certificate may remain

in force for a period not exceeding three months or until the new

administration issues another International Tonnage Certificate

(1969) whichever is the earlier. The certifying authority shall

transmit to the administration of that Government as soon as

possible after the transfer has taken place a copy of the certificate

carried by the ship at the time of transfer and a copy of the relevant

tonnage calculations.

(1) When alterations in the values of V, V c , d, N 1 or N 2 as

defined in regulations 6 and 7 result in an increase in the net

t o n n a g e a n e w I n t e r n a t i o n a l To n n a g e C e r t i f i c a t e ( 1 9 6 9 )

incorporating the increased net tonnage shall be issued.

(2) In the case of a passenger ship assigned subdivision load

lines in accordance with the SOLAS Convention or in accordance

with the provisions of regulations implementing such Convention

and load lines in accordance with the Load Lines Rules, only one

net tonnage shall be applied. Where the draught corresponding to

the Summer load line differs from that corresponding to the deepest

subdivision load line the net tonnage shall, subject to sub-

regulation (3)(a), be the greater of the two values determined in

accordance with regulation 7 by applying the differing draughts.

(3)

(a) Subject to paragraph (b), where alterations in the

values of V, V c , d, N 1 or N 2 as defined in regulations 6

and 7, or changes in the position of the load lines result

in a decrease in the net tonnage, a new International

Tonnage Certificate (1969) incorporating the decreased

net tonnage shall not be issued until twelve months

have elapsed from the date on which the current

certificate was issued.

(b) A new International Tonnage Certificate (1969) may be

issued when

(i)

a ship which was registered elsewhere is re-

registered in Malta;

(ii) a ship undergoes alterations or modifications of

a major character. such as the removal of a

superstructure, which requires an alteration of

the assigned load line; or

(iii) the ship is a passenger ship employed in special

trades for the carriage of large numbers of

special trade passengers, such as the pilgrim

trade.

(1) In the case of a ship -

(a) which is a ship the keel of which was laid or which

was at a similar stage of construction before 18th July

1982; or

(b) which is a ship the keel of which was laid or which

was at a similar stage of construction not later than

31st December 1985, not being a ship referred to in

paragraph (a); or

(c) which is a cargo ship of less than 1600 tons gross

tonnage when ascertained in accordance with

regulation 1.3(3) of the Merchant Shipping (Tonnage)

Regulations, 1989 * , the keel of which was laid or

which was at a similar stage of construction before

18th July 1994, not being a ship referred to in

paragraph (a),

the Minister may permit the continuing use of a gross tonnage

ascertained in accordance with regulation 13(3) of the Merchant

Shipping (Tonnage) Regulations, 1989 for the purpose of the

application of the provisions of the SOLAS Convention, the

MARPOL Convention and the STCW Convention or for the

purpose of t he ap plication of the pro visi ons of regul ati ons

implementing such Conventions.

(2) An International Tonnage Certificate (1969) may be

annotated, under "Remarks", by the certifying authority -

(a) in the case of a ship to which sub-regulation (1)(a)

refers, with the duly completed and signed entry -

"The ship is re-measured according to article 3(2)(d)

of the 1969 Tonnage Convention

The GROSS TONNAGE according to the

measurement system previously in force to the

measurement system of the International Convention

on Tonnage Measurement of Ships, 1969, is: ...............

RT, according to the regulations ........................"; and

(b) in the case of a ship to which sub-regulation (1)(b) or

(c) refers, with the duly completed and signed entry -

"The ship is additionally measured according to

resolution A. 494(XIl).

*Revoked by these regulations.

The GROSS TONNAGE according to the

measurement system previously in force to the

measurement system of the International Convention

on Tonnage Measurement of Ships, 1969, is: ...............

RT, according to the regulations ............................. .

(3) Where such an entry has been made on an International

Tonnage Certificate (1969) and the ship undergoes alterations or

modifications which affect its tonnage the old tonnage referred to

in sub-regulation (1) shall be deleted.

(4) Where a gross tonnage has been ascertained and is to be

used in accordance with sub-regulation (1), then any certificate

issued for the purposes of the conventions referred to shall record

only that gross tonnage together with an appropriate footnote

"The above gross tonnage has been determined by a

certifying authority (a tonnage authority) of Malta in

accordance with the national tonnage regulations

which were in force prior to the coming into force of

the International Convention on Tonnage Measurement

of Ships, 1969."; or

"See REMARKS column of the valid International

Tonnage Certificate (1969)".

PART III

Application, Ascertainment of Tonnage and Certification

for Fishing Vessels of 15 Metres or more in Length Overall

but less than 24 Metres in Length

This Part of these regulations shall apply to fishing vessels

of 15 metres or more in length overall but less than 24 metres in

length, registered or to be registered as Maltese ships under Part II

or Part IIA of the Act, with effect

(a) for vessels first registered on or after 1st January,

2003, from the date when such vessels are first

registered; and

(b) for vessels first registered before 1st January, 2003,

from 1st January, 2004.

(1) Regulations 4, 5 and 6 shall apply for the measurement

of tonnage of fishing vessels to which this Part of these regulations

applies as they apply for the purpose of Part II of these regulations.

(2) The tonnage determined in accordance with sub-regulation

(1) shall be the gross tonnage and net tonnage.

If it is in order to do so, the certifying authority shall issue

to the owner of every fishing vessel, the tonnages of which have

been ascertained in accordance with regulation 14, a Certificate of

Survey (Tonnage Measurement) for Maltese Fishing Vessels of 15

Metres Length Overall to Less than 24 Metres Length in the form

set out in the Fourth Schedule or as near thereto as circumstances

permit, certifying the tonnages of the fishing vessel and containing

the particulars to be shown thereon and such particulars, if any, as

the Registrar-General may deem proper.

Where alterations are made in the arrangement,

construction, capacity, use of spaces, or permitted draught of the

fishing vessel such as would cause an increase in the tonnage, the

existing measurement shall cease to be valid, any certificate shall

be delivered up to and cancelled by the certifying authority and the

owner of the vessel shall make an application for it to be re-

measured in accordance with regulation 4(1).

PART IV

Application, Ascertainment of Tonnage and Certification

for Ships of Less than 24 Metres in Length,

other than Fishing Vessels to which Part III applies

This Part of these regulations shall apply to ships

(including fishing vessels and pleasure yachts), being ships of less

than 24 metres in length, and not being fishing vessels to which

Part III of these regulations applies, registered or to be registered as

Maltese ships under Part II or Part IIA of the Act.

(1) The owner and the master of a ship to be measured

shall make it available for measurement by a surveyor and afford

all necessary facilities for its inspection, survey and measurement

and shall produce such plans, drawings, specifications and other

documents relating to the ship that the surveyor may require for his

use or retention.

(2)

The tonnage of a ship shall be the sum of -

(a) the product of multiplying together its length overall,

extreme breadth over the outside hull and depth in

metres ancl multiplying the resultant figure by 0.16;

and

(b) the tonnage of any break or breaks, calculated for each

break by multiplying together its mean length, mean

breadth and mean height in metres and multiplying the

resultant figure by 0.35.

(3)

For the purpose of this Part -

(a) the breadth of a ship shall be its extreme breadth over

the outside plating, planking or hull, no account being

taken of rubbers or fenders even if they are moulded so

as to be integral with the hull;

(b) the depth of a ship shall be measured vertically at the

mid-point of the length overall.

(i)

The upper terminal point for depth shall be -

(aa) in the case of a decked ship, the underside

of the deck on the middle line or if there is

no deck on the middle line at the point of

measurement, the underside of the deck at

the side of the ship plus the full deck

camber;

(bb) in the case of an open ship, the top of the

upper stroke or gunwale.

(ii) The lower terminal point of depth shall -

(aa) in the case of a wooden ship, the upper side

of the plank at the side of the keel or hog;

(bb) in the case of a metal ship, the top of the

plating at the side of the keel;

(cc) in the case of a glass reinforced plastic ship,

the inside of the hull. Where no keel

member is fitted and the keel is of open

trough construction, the lower terminal

point for depth shall be the top of the keel

filling, if fitted, or the level at which the

inside breadth of the trough is 10

centimetres, whichever gives the greater

depth.

(iii) Where a break exists in way of the point of

measurement for depth, the height of the break

shall not be included in the measurement of

depth.

(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).

(4) The tonnage determined in accordance with sub-regulation

(2) shall be the gross tonnage and net tonnage.

(5) In the case of a multi-hull ship the tonnage of each hull

shall be measured separately and the sum of such tonnages shall be

used in computing the tonnage referred to in sub-regulation (2).

(6) All measurements used in the calculations of volumes shall

be taken and expressed in metres to the nearest one hundredth of a

metre.

(7) Tonnage shall be expressed to two decimal places, the

second decimal place being increased by one if the third decimal

place is 5 or more.

(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.

(9) Where alterations are made in the arrangement,

construction, capacity, use of spaces, total number of passengers

the ship is permitted to carry under the terms of the ship’s

passenger certificate, assigned load line, or permitted draught of

the ship such as would cause an increase in the tonnage, the

existing measurement shall cease to be valid, any certificate shall

be delivered up to and cancelled by the certifying authority and the

owner of the ship shall make an application for it to be re-measured

in accordance with sub-regulation (1).

(10) Notwithstanding the provisions of sub-regulation (2),

nothing in this Part of these regulations shall be taken to require

any ship the tonnage of which was validly determined under the

Tonnage Regulations in force immediately before the coming into

force of these regulations to have its tonnage re-determined.

PART V

Foreign Ships whilst within Malta or the Territorial Waters thereof

(1) An International Tonnage Certificate (1969) issued

under the authority of another contracting Government to a foreign

ship in accordance with the Convention shall be accepted and

regarded for all purposes covered by the Convention as having the

same validity as one issued under Part II of these Regulations.

Whilst such a ship is within Malta or the territorial waters thereof it

may be subject to inspection by a person duly authorised by the

Minister in that behalf for the purpose of verifying -

(a) that the ship is provided with a valid International

Tonnage Certificate (1969); and

(b) that the main characteristics of the ship correspond to

the data given in the certificate.

(2)

Any such inspection shall not cause any delay to the ship.

(3) If the inspection reveals that the main characteristics of the

ship differ from those entered in the International Tonnage

Certificate (1969) so as to lead to an increase in the gross tonnage

or the net tonnage, the administration of the State whose flag the

ship is flying shall be informed without delay.

(1) The certifying authority may, at the request of the

administration of a contracting Government, ascertain the gross and

net tonnages of a foreign ship in accordance with Part II of these

regulations and issue to the owner an International Tonnage

Certificate (1969). In such cases the certificate shall be endorsed to

the effect that it has been issued at the request of the Government

of the state whose flag the ship is or will be flying, and a copy of

the certificate and the calculations of the tonnages shall be

transmitted to the requesting Government as soon as possible.

(2) The certifying authority may, at the request of an owner of a

f or e ig n s h i p f l y in g th e f l a g o f a n a d m in i s t r a t i o n o f a n on -

contracting Government, ascertain the gross and net tonnages of the

ship in accordance with Part II of these regulations and issue a

certificate of Maltese Tonnage Measurement. In such cases the

certificate will bear the endorsement "for use only whilst within

Malta or the territorial waters thereof".

PART VI

Penalties

(1) Any owner or master who fails without reasonable

cause to deliver up a certificate for cancellation as required by

regulations 10(1), 16 or 18(9) shall be guilty of an offence and

liable on summary conviction to a fine not exceeding four hundred

and sixty-five euro and eighty-seven cents (465.87).

(2) Any person who contravenes or suffers any person under

his control to contravene the provisions of these regulations or any

person who omits or suffers any person under his control to omit

anything the performance of which is required by the provisions of

these regulations shall be guilty of an offence and shall be liable to

a fine not exceeding one thousand and one hundred and sixty-four

euro and sixty-nine cents (1,164.69) for each such offence

(3) Where an offence has been committed as provided by sub-

regulation (2), the Minister may direct that the sailing of the ship in

respect of which the offence was committed shall be prohibited

until the contravention or omission constituting the offence has

been removed.