WORK IN FISHING CONVENTION REGULATIONS

SUBSIDIARY LEGISLATION 425.14

WORK IN FISHING CONVENTION REGULATIONS

5th May, 2020

LEGAL NOTICE 182 of 2020, as amended by L.N. 233 of 2021.

(1)

The title of these regulations is the Work in

Fishing Convention Regulations.

(2)

The scope of these regulations is to implement the

provisions found under European Union Council Directive (EU) 2017/

159 and the provisions under the Work in Fishing Convention, 2007

(No. 188) issued by the International Labour Organization.

(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.

FISHING VESSEL ACCOMMODATION

GENERAL PROVISIONS

1. This Schedule applies without prejudice to Directive 92/

29/EEC and Directive 93/103/EC.

2. For the purposes of this Schedule

(a)

"Agreement" means the Agreement concluded by

the General Confederation of Agricultural Cooperatives in the

European Union (Cogeca), the European Transport Workers’

Federation (ETF), and the Association of National

Organisations of Fishing Enterprises in the European Union

(Europêche) of 21 May 2012 concerning the implementation of

the Work in Fishing Convention, 2007 of the International

Labour Organization;

(b)

"new fishing vessel" means a vessel for which

(i)

the building or major conversion contract

has taken place on or after the date of the entry into force

of the Agreement; or

(ii)

the building or major conversion contract

has taken place before the date of the entry into force of

the Agreement, and which is delivered three years or

more after that date; or

(iii) in the absence of a building contract, on or

after the date of the entry into force of the Agreement

(a)

the keel is laid;

(b)

construction identifiable with a

specific vessel commences;

(c)

assembly

has

commenced

comprising at least fifty tonnes or one percent of

the estimated mass of all structural material,

whichever is less; or

(d)

"existing vessel" means a vessel that

is not a new fishing vessel.

3. The following shall apply to all new, decked fishing

vessels, subject to any exclusions provided for in accordance with

Article 3 of the Agreement. The Director may, after consultation, also

apply the requirements of this Schedule to existing vessels, when and in

so far as it determines that this is reasonable and practicable.

4. The Director, after consultation, may permit variations to

the provisions of this Schedule for fishing vessels normally remaining

at sea for less than twenty-four hours, where the fishermen do not live

on board the vessel whilst in the port. In the case of such vessels, the

Director shall ensure that the fishermen concerned have adequate

facilities for resting, eating and sanitation purposes.

5. The requirements for vessels of twenty-four metres in

length and over may be applied to vessels between fifteen and twenty-

four metres in length where the Director determines, after consultation,

that this is reasonable and practicable.

6. Fishermen working on board feeder vessels which do not

have appropriate accommodation and sanitary facilities shall be

provided with such accommodation and facilities on board the mother

vessel.

7. Member States may extend the requirements of this

Schedule regarding noise and vibration, ventilation, heating and air

conditioning, and lighting to enclosed working spaces and spaces used

for storage if, after consultation, such application is considered

appropriate and will not have a negative influence on the functioning of

the process or working conditions or the quality of the catches.

PLANNING AND CONTROL

8. The Director shall satisfy itself that, on every occasion

when a vessel is newly constructed, or the crew accommodation of a

vessel has been reconstructed, such vessel complies with the

requirements of this Schedule. The Director shall, to the extent

practicable, require compliance with this Schedule, when the crew

accommodation of a vessel is substantially altered and, for a vessel that

changes the flag that it flies to the flag of a Member State, require

compliance with those requirements of this Schedule that are

applicable in accordance with paragraph 3.

9. For the instances specified in paragraph 8, for vessels of

twenty-four metres in length and over, detailed plans and information

concerning accommodation shall be required to be submitted for

approval to the Director, or an entity authorized by it.

10. For vessels of twenty-four metres in length and over, on

every occasion when the crew accommodation of the fishing vessel

has been reconstructed or substantially altered, the Director shall

inspect the accommodation for compliance with the requirements of

the Agreement, and when the vessel changes the flag that it flies to a

flag of a Member State, for compliance with those requirements of this

Schedule that are applicable in accordance with paragraph 3. The

Director may carry out additional inspections of crew accommodation

at its discretion.

11. When a vessel changes its flag to a Member State flag, or

is registered under a Member State’s plenary jurisdiction, any

alternative requirements which the competent authority of a non EU

Member State whose flag the ship was formerly flying may have

adopted in accordance with paragraphs 15, 39, 47 or 62 of Annex III to

C188, shall cease to apply to the vessel.

DESIGN AND CONSTRUCTION

12. There shall be adequate headroom in all accommodation

spaces. For spaces where fishermen are expected to stand for

prolonged periods, the minimum headroom shall be prescribed by the

Director.

13. For vessels of twenty-four metres in length and over, the

minimum permitted headroom in all accommodation where full and

free movement is necessary, shall not be less than two hundred

centimetres.

14. There shall be no direct openings into sleeping rooms

from fish rooms and machinery spaces, except for the purpose of

emergency escapes. Where reasonable and practicable, direct openings

from galleys, storerooms, drying rooms or communal sanitary areas

shall be avoided, unless expressly provided otherwise.

15. For vessels of twenty-four metres in length and over,

there shall be no direct openings, except for the purpose of emergency

escapes, into sleeping rooms from fish rooms and machinery spaces, or

from galleys, storerooms, drying rooms or communal sanitary areas;

that part of the bulkhead separating such places from sleeping rooms

and external bulkheads shall be efficiently constructed of steel or

another approved material and shall be watertight and gas-tight. This

provision does not exclude the possibility of sanitary areas being

shared between two cabins.

INSULATION

16. Accommodation spaces shall be adequately insulated; the

materials used to construct internal bulkheads, panelling and sheeting,

and floors and joinings shall be suitable for the purpose and shall be

conducive to ensuring a healthy environment. Sufficient drainage shall

be provided in all accommodation spaces.

17. All practicable measures shall be taken to protect fishing

vessels’ crew accommodation against flies and other insects,

particularly when vessels are operating in mosquito-infested areas.

18. Emergency escapes from all crew accommodation spaces

shall be provided as necessary.

NOISE AND VIBRATION

19. Paragraph 20 applies without prejudice to Directive 2003/

10/EC and Directive 2002/44/EC.

20. The Director shall adopt standards for noise and vibration

in accommodation spaces which shall ensure adequate protection to

fishermen from the effects of such noise and vibration, including the

effects of noise and vibration-induced fatigue.

VENTILATION

21. Accommodation spaces shall be ventilated, taking into

account climatic conditions. The system of ventilation shall constantly

supply fresh air in a satisfactory condition whenever fishermen are on

board.

22. Ventilation arrangements or other measures shall be such

as to protect non-smokers from tobacco smoke.

23. Vessels of twenty-four metres in length and over shall be

equipped with a system of ventilation for accommodation, which shall

be controlled so as to maintain the air in a satisfactory condition and to

ensure sufficiency of air movement in all weather conditions and

climates. Ventilation systems shall be in operation at all times when

fishermen are on board.

HEATING AND AIR CONDITIONING

24. Accommodation spaces shall be adequately heated, taking

into account climatic conditions.

25. For vessels of twenty-four metres in length and over,

adequate heat shall be provided, through an appropriate heating system,

except in fishing vessels operating exclusively in tropical climates. The

system of heating shall provide heat in all conditions, as necessary, and

shall be in operation when fishermen are living or working on board,

and when conditions so require.

26. For vessels of twenty-four metres in length and over,

with the exception of those regularly engaged in areas where

temperate climatic conditions do not require it, air conditioning shall

be provided in accommodation spaces, the bridge, the radio room and

any centralized machinery control room.

LIGHTING

27. All accommodation spaces shall be provided with

adequate light.

28. Wherever practicable, accommodation spaces shall be lit

with natural light in addition to artificial light. Where sleeping spaces

have natural light, a means of blocking the light shall be provided.

29. Adequate reading light shall be provided for every berth

in addition to the normal lighting of the sleeping room.

30. Emergency lighting shall be provided in sleeping rooms.

31. Where a vessel is not fitted with emergency lighting in

mess rooms, passageways, and any other spaces that are or may be

used for emergency escape, permanent night lighting shall be provided

in such spaces.

32. For vessels of twenty-four metres in length and over,

lighting in accommodation spaces shall meet a standard established by

the Director. In any part of the accommodation space available for free

movement, the minimum standard for such lighting shall be such as to

permit a person with normal vision to read an ordinary printed

newspaper on a clear day.

SLEEPING ROOMS

General

33. Where the design, dimensions or purpose of the vessel

allow, the sleeping accommodation shall be located so as to minimize

the effects of motion and acceleration, but shall in no case be located

forward of the collision bulkhead.

Floor area

34. The number of persons per sleeping room and the floor

area per person, excluding space occupied by berths and lockers, shall

be such as to provide adequate space and comfort for the fishermen on

board, taking into account the service of the vessel.

35. For vessels of twenty-four metres in length and over, but

which are less than forty-five metres in length, the floor area per person

of sleeping rooms, excluding space occupied by berths and lockers,

shall not be less than one point five square metres.

36. For vessels of forty-five metres in length and over, the

floor area per person of sleeping rooms, excluding space occupied by

berths and lockers, shall not be less than two square metres.

Persons per sleeping room

37. To the extent not expressly provided otherwise, the

number of persons allowed to occupy each sleeping room shall not be

more than six.

38. For vessels of twenty-four metres in length and over, the

number of persons allowed to occupy each sleeping room shall not be

more than four. The Director may permit exceptions to this requirement

in particular cases if the size, type or intended service of the vessel

makes the requirement unreasonable or impracticable.

39. To the extent not expressly provided otherwise, a separate

sleeping room or sleeping rooms shall be provided for officers,

wherever practicable.

40. For vessels of twenty-four metres in length and over,

sleeping rooms for officers shall be for one person wherever possible,

and in no case shall the sleeping room contain more than two berths.

The Director may permit exceptions to the requirements of this

paragraph in particular cases if the size, type or intended service of the

vessel makes the requirements unreasonable or impracticable.

Other

41. The maximum number of persons to be accommodated in

any sleeping room shall be legibly and indelibly marked in a place in

the room where it can be conveniently seen.

42. Individual berths of appropriate dimensions shall be

provided. Mattresses shall be of a suitable material. Local lighting shall

be provided in each berth.

43. For vessels of twenty-four metres in length and over, the

minimum inside dimensions of the berths shall not be less than one

hundred and ninety-eight by eighty centimetres.

44. Sleeping rooms shall be so planned and equipped as to

ensure reasonable comfort for the occupants and to facilitate tidiness.

Equipment provided shall include berths, individual lockers sufficient

for clothing and other personal effects, and a suitable writing surface.

45. For vessels of twenty-four metres in length and over, a

desk suitable for writing, with a chair, shall be provided.

46. Sleeping accommodation shall be situated or equipped,

as practicable, so as to provide appropriate levels of privacy for men

and for women.

MESS ROOMS

47. Mess rooms shall be as close as possible to the galley, but

in no case shall be located forward of the collision bulkhead.

48. Vessels shall be provided with mess room

accommodation suitable for their service. To the extent not expressly

provided otherwise, mess room accommodation shall be separate from

sleeping quarters, where practicable.

49. For vessels of twenty-four metres in length and over,

mess room accommodation shall be separate from sleeping quarters.

50. The dimensions and equipment of each mess room shall

be sufficient for the number of persons likely to use it at any one time.

51. For vessels with a length between perpendiculars (LBP)

of fifteen metres or over, a refrigerator of sufficient capacity and

facilities for making hot and cold drinks shall be available and

accessible to fishermen at all times.

TUBS OR SHOWERS, TOILETS AND WASHBASINS

52. Sanitary facilities, which include toilets, washbasins, and

tubs or showers, shall be provided for all persons on board, as

appropriate for the service of the vessel. These facilities shall meet at

least minimum standards of health and hygiene and reasonable

standards of quality.

53. The sanitary accommodation shall be such as to

eliminate contamination of other spaces. The sanitary facilities shall

allow for reasonable privacy.

54. Hot and cold running fresh water shall be available to all

fishermen and other persons on board, in sufficient quantities to allow

for proper hygiene. The Director may establish, after consultation, the

minimum amount of water to be provided.

55. Where sanitary facilities are provided, they shall be fitted

with ventilation to the open air, independent of any other part of the

accommodation.

56. All surfaces in sanitary accommodation shall be such as

to facilitate easy and effective cleaning. Floors shall have a non-slip

deck covering.

57. On vessels of twenty-four metres in length and over, for

all fishermen who do not occupy rooms to which sanitary facilities are

attached, there shall be provided at least one tub or shower or both, one

toilet, and one washbasin for every four persons or fewer.

LAUNDRY FACILITIES

58. Amenities for washing and drying clothes shall be

provided as necessary, taking into account the service of the vessel,

except to the extent expressly provided otherwise.

59. For vessels of twenty-four metres in length and over,

adequate facilities for washing, drying and ironing clothes shall be

provided.

60. For vessels of forty-five metres in length and over,

adequate facilities for washing, drying and ironing clothes shall be

provided in a compartment separate from sleeping rooms, mess rooms

and toilets, and shall be adequately ventilated, heated and equipped

with lines or other means for drying clothes.

FACILITIES FOR SICK AND INJURED FISHERMEN

61. In addition to the requirements of Directive 92/29/EEC a

cabin shall be made available for a fisherman who suffers from illness

or injury, whenever necessary.

62. Instead of the requirement laid down in article 2(3) of

Directive 92/29/EEC the following applies: on vessels over five

hundred gross registered tonnes (GRT) on which fifteen or more

fishermen are engaged on a voyage of more than three days, and on

fishing vessels of forty-five metres in length or over, regardless of crew

size and duration of voyage, there shall be a separate sick bay in which

medical treatment can be administered. The space shall be properly

equipped and shall be maintained in a hygienic state.

OTHER FACILITIES

63. A place for hanging foul-weather gear and other personal

protective equipment shall be provided outside of, but convenient to,

sleeping rooms.

BEDDING, MESS UTENSILS AND MISCELLANEOUS

PROVISIONS

64. Appropriate eating utensils, and bedding and other linen

shall be provided to all fishermen on board. However, the cost of the

linen can be recovered as an operational cost if the collective

agreement or the fisherman’s work agreement so provides.

RECREATIONAL FACILITIES

65. For vessels of twenty-four metres in length and over,

appropriate recreational facilities, amenities and services shall be

provided for all fishermen on board. Where appropriate, mess rooms

may be used for recreational activities.

COMMUNICATION FACILITIES

66. All fishermen on board shall be given reasonable access

to communication facilities, to the extent practicable, at a reasonable

cost and not exceeding the full cost for the fishing vessel owner.

GALLEY AND FOOD STORAGE FACILITIES

67. Cooking equipment shall be provided on board. Except

to the extent expressly provided otherwise, this equipment shall be

fitted, where practicable, in a separate galley.

68. The galley or cooking area where there isn’t provided a

separate galley, shall be of adequate size for the purpose, well lit and

ventilated, and properly equipped and maintained.

69. For vessels of twenty-four metres in length and over,

there shall be a separate galley.

70. The containers of butane or propane gas used for cooking

purposes in a galley shall be kept on the open deck, and in a shelter

which is designed to protect them from external heat sources and

external impact.

71. A suitable place for provisions of adequate capacity shall

be provided which can be kept dry, cool and well ventilated in order to

avoid deterioration of the stores, and except to the extent expressly

provided otherwise, refrigerators or other low temperature storage

shall be used, where possible.

72. For vessels with a length between perpendiculars (LBP)

of fifteen metres or over, a provisions storeroom and refrigerator and

other low-temperature storage shall be used.

FOOD AND POTABLE WATER

73. Food and potable water shall be sufficient, having regard

to the number of fishermen, and the duration and nature of the voyage.

In addition, they shall be suitable in respect of nutritional value,

quality, quantity and variety, having regard as well to the fishermen’s

religious requirements and cultural practices in relation to food.

74. The Director may establish requirements for the

minimum standards and quantity of food and water to be carried on

board.

CLEAN AND HABITABLE CONDITIONS

75. Accommodation shall be maintained in a clean and

habitable condition and shall be kept free of goods and stores which are

not the personal property of the occupants, or intended for their safety

or rescue.

76. Galley and food storage facilities shall be maintained in a

hygienic condition.

77. Waste shall be kept in closed, well-sealed containers and

removed from food handling areas, whenever necessary.

MEDICAL CERTIFICATES

78. Without prejudice to the provisions on medical

certificates found in the principal regulations, the medical certificates

of fishermen on a fishing vessel of twenty-four metres in length or over

who are under the age of eighteen shall be valid for a maximum period

of one year.

MANNING

79. In relation to vessels of twenty-four metres in length or

over, the Director shall establish a minimum level of manning for the

safe navigation of the vessel, specifying the number and the

qualifications of the fishermen required.

80. The Director, after consultation, may establish alternative

requirements to those found in article 79 of this Schedule, however the

Director shall be satisfied that the alternative

(i)

is conducive to the full achievement of the

general object and purpose of article 79 of this Schedule

and of the general provisions on hours of work and hours

of rest in the principal regulations;

(ii)

gives effect to article 79 of this Schedule;

and

(iii) shall not jeopardise the safety and health of

the fishermen.

INSPECTIONS BY THE SKIPPER OR

UNDER THE AUTHORITY OF THE SKIPPER

81. (a)

For vessels of twenty-four metres in length and

over, the Director shall require frequent inspections to be carried out,

by or under the authority of the skipper, to ensure that

(i)

accommodation

is

clean,

decently

habitable and safe, and is maintained in a good state of

repair;

(ii)

food and water supplies are sufficient; and

(iii) galley and food storage spaces and

equipment are hygienic and in a proper state of repair.

(b)

The results of such inspections and the actions

taken to address any deficiencies found, shall be recorded and

available for review.

VARIATIONS

82. The Director, after consultation, may permit derogations

from the provisions in this Schedule to take into account, without

discrimination, the interests of fishermen having differing and

distinctive religious and social practices, on condition that such

derogations do not result in overall conditions less favourable than

those which would result from the application of this Schedule.

In these regulations, unless the context otherwise

requires

''the Act'' means the Fisheries Conservation and

Management Act;

''basic pay'' or ''wages'' means the pay, however

composed, for normal hours of work, but does not include

overtime worked, bonuses, allowances, paid leave or any other

additional remuneration;

"commercial fishing" means all fishing operations with

the exception of subsistence fishing and recreational fishing;

"competent authority" means any public body,

department, agency, authority, specialised units, commissions,

boards or entities established for the exercise of a public

WORK IN FISHING CONVENTION

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;

''consolidated wage'' means a wage or salary which

includes the basic pay and other pay-related benefits including

compensation for all overtime hours worked and all other pay-

related benefits;

"consultation" means that the Director shall discuss with

the Board any relevant matter requiring consultation according

to these regulations;"

"Council Directive 2017/159" means Council Directive

(EU) 2017/159 of 19 December 2016 implementing the

Agreement concerning the implementation of the Work in

Fishing Convention, 2007 of the International Labour

Organisation, concluded on 21 May 2012 between the General

Confederation of Agricultural Cooperatives in the European

Union (Cogeca), the European Transport Workers’ Federation

(ETF) and the Association of National Organisations of Fishing

Enterprises in the European Union (Europêche);

"crew member" means any fisherman or master and any

other person serving on that vessel;

"fisherman" means 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;

"fisherman’s work agreement" means a contract of

employment, articles of agreement or other similar

arrangements, or any other contract governing a fisherman’s

living and working conditions on board a fishing vessel;

"fishing operation" means catching, or catching and

processing, of fish or other living resources of the sea;

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

engaged in commercial fishing;"

"fishing vessel owner" or "owner" means the owner of the

fishing vessel, or of another organisation or person, such as a

manager, agent or the bareboat charterer, who has assumed the

responsibility for the operation of the vessel from the owner and

who, on assuming such responsibility, has agreed to take over

the duties and responsibilities imposed on the fishing vessel

owners in accordance with these regulations, regardless of

whether any other person fulfils any of the duties or

responsibilities on behalf of the fishing vessel owner;

"hours of rest" means time outside hours of work and

does not include short breaks;

"hours of work" means time during which a fisherman is

required to do work on account of the vessel;

"international voyage" means a voyage from a state to a

port outside such a state;

"length (L)" shall be taken as ninety-six per cent of the

total length on a waterline at eighty-five per cent of the least

moulded depth measured from the keel line, or as the length

from the foreside of the stem to the axis of the rudder stock on

that waterline, if this is greater; in vessels designed with rake of

keel, the waterline on which this length is measured shall be

parallel to the designed waterline;

"length between perpendiculars (LBP)" means the

distance between the forward and the backward perpendiculars;

the forward perpendicular shall be coincident with the foreside

of the stem on the waterline on which the length (L) is

measured; the backward perpendicular shall be coincident with

the axis of the rudder stock on that waterline;

"master" shall have the same meaning assigned to it in

the Act;

"Medical Council" shall have the same meaning as

assigned to it in the Health Care Professions Act;

"medical practitioner" means a duly qualified medical

practitioner as established under the Health Care Professions

Act;

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

and 6 a.m. on the following day;

''overtime'' means time worked in excess of the normal

hours of work;

"private employment agency" means any person,

company, institution, agency or other organization in the private

sector engaged in employing or engaging fishermen, with a

view to making them available to fishing vessel owners, who

assign their tasks and supervise the execution of these tasks.

WORK IN FISHING CONVENTION

"recruitment and placement service" means any person,

company, institution, agency or other organisation, in the public

or the private sector, which is engaged in recruiting fishermen

on behalf of, or placing fishermen with, fishing vessel owners;

"safe manning document" means a document prescribing

the minimum safe manning considered necessary for the

sufficient and efficient manning of the vessel from the point of

view of safety of life at sea and pollution prevention, issued in

the case of a Maltese vessel by the Director or by the competent

authority, and in the case of any other vessel, by or on behalf of

the Government of the state whose flag the vessel is entitled to

fly;

"unit" means that any reference to any fine (multa) that

may be imposed under these regulations shall be equivalent to

two euro and thirty-three cents or to such other sum as the

Minister, with the concurrence of the Minister responsible for

justice, may by means of a decree determine from time to time,

and differed equivalences may be determined for different

provisions of the Act or for different provisions in regulations

made under the Act.

(2)

Save as otherwise provided in these regulations, the

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

WORK IN FISHING CONVENTION

(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.

WORK IN FISHING CONVENTION

WORK IN FISHING CONVENTION

Nothing in these regulations shall affect any law, award or

custom, or any other agreement between fishing vessel owners and

fishermen, which ensures more favourable conditions to fishermen than

those provided for under these regulations.

Responsibilities of Fishing Vessel Owners,

Masters and Fishermen

.5 .

(1)

Every vessel owner shall ensure that

(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;

(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;

(c)

a copy of the work agreement of fishermen shall

be provided to the fisherman, shall be carried on board and be

available to the fishermen on request; and

(d)

each fisherman has a written fisherman’s work

agreement, which is signed by all parties to that agreement, and

which provides the fisherman with decent work and living

conditions on board the vessel as required by these regulations.

(2)

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

owner who is also single-handedly operating the vessel.

FISHERMAN’S WEEKLY RATION

Food

Standard

Substitutes

Remarks

Ration per

man per week

BREAD

3.175kg

DAIRY PRODUCTS

Milk

3.98L or

113g cheese can

Only half the

1.989L

replace 283g

ration of milk

Fresh or evaporated or

evaporated or

(284ml) milk

should be

dried skim

397g dried

replaced by

skim

cheese at any

one time.

Cheese

113g

Eggs, fresh

14g dehydrated

egg can replace

one fresh egg

FRUITS

Oranges or grapefruits

567g

Vitaminized

113g allowed

juice

apple juice

per day

blended with

orange and

grapefruit juice,

1 orange or ½

grapefruit (fresh)

can replace 113g

fruit juice

Canned tomatoes

454g

Tomato juice

May be used

cold or hot as a

vegetable or

combined with

other foods in

cooking

Fresh fruit (when

567g

available) or canned

fruit

Dried fruits

142g

57g dried fruit

Dried fruits

can replace 113g

should be

canned fruit or

raisins, currants,

fresh fruit

figs, prunes,

apples, pears,

peaches,

apricots

VEGETABLES

WORK IN FISHING CONVENTION

Potatoes

3.175kg

An equal amount

of sweet

potatoes, canned

potatoes or

canned

vegetables. 76g

dehydrated

potatoes can

replace 454g

fresh potatoes

Onions

227g

14g dehydrated

Fresh, stored or

onions can

dried in season

replace ½ the

fresh onions or

227g of other

canned or fresh

vegetables can

replace 227g

onions

Canned or fresh

1.814kg

28g dehydrated

A variety of

can replace 227g

fresh, canned or

fresh or canned.

dehydrated

113g dried can

vegetables

replace 227g

should be used.

fresh or canned.

Dried

vegetables may

be navy beans,

lima beans,

kidney beans,

whole dried

peas, split peas

or lentils

MEATS

Fresh/frozen

3.175kg

For each 27g

The term "meat"

fresh meat, one

includes all

of the following

types. The

substitutions may

weight of the

be made

fresh meat is the

170g canned

weight

meat

including fat

151g salt meat

and bone before

170g fresh fish

cooking

113g canned fish

preparation

113g dried fish

113g bacon

Bacon or Ham

283g

CEREAL

Flour

2.381kg

680g bread can

replace 454g

flour

WORK IN FISHING CONVENTION

Oatmeal

170g (dry

An equal

For the ready-

weight)

quantity of one

to-serve cereals,

of the following

special

rolled oats,

preference to

cracked wheat,

those labelled

rolled wheat,

on the package

ready-to-serve

as whole grain

cereals

should be given

Rice or Pasta

340g

FATS

Butter,

454g

Including for

cooking

Lard or Shortening

113g

purposes

SUGARS

Sugar

794g

Includes

granulated,

brown and icing,

includes for

cooking

purposes

Jam

227g

An equal

quantity of one

of the following

marmalade,

honey, peanut

butter

Syrup

57g

Molasses

BEVERAGES

Tea

114g

28g coffee can

replace 14g tea

Water

45L

For drinking,

culinary and

dish washing

MISCELLANEOUS

Cocoa or Chocolate

85g

Salt

57g

Pepper

7g

Tomato paste

100g

Mustard

7g

Spices

7g

Includes all

varieties of

spices

Flavourings

14g

Includes all

varieties of

flavourings

Baking powder

As acquired

Baking soda

As acquired

Biscuits

As acquired

Gelatine or jelly

As acquired

powder

Sauces and pickles

As acquired

Vinegar

As acquired

Yeast

As acquired

When an item of food is substituted for an item in the Schedule, the

substituted item shall be taken from the same food group indicated

in the Schedule.

(1)

Kull sid ta’ bastiment għandu jiżgura li

(a)

is-sajjieda kollha li jaħdmu fuq il-bastiment tiegħu

jkunu kkonkludew ftehim ta’ xogħol ta’ sajjied bil-miktub

qabel ma jaħdmu fuq il-bastiment tiegħu, u li l-ftehim imsemmi

jkun jinftiehem mis-sajjieda u jipproteġihom b'mod li jkunu

konsistenti mad-dispożizzjonijiet ta’ dawn ir-regolamenti;

(b)

ftehim ta’ xogħol ta’ sajjied għandu jinkludi

artikoli li jipprovdu d-dettalji, id-dikjarazzjonijiet, il-

kundizzjonijiet u d-drittijiet meħtieġa skont l-Iskeda V u fl-

assenza ta’ dawn għandu jitqies bħala invalidu fil-liġi, mingħajr

preġudizzju għad-drittijiet tas-sajjied skont dawn ir-regolamenti

u b’mod partikolari skont l-Iskeda V;

(c)

kopja tal-ftehim tax-xogħol tas-sajjieda għandha

tkun ipprovduta lis-sajjieda, u għandha tkun miżmuma abbord u

tkun disponibbli għas-sajjieda meta mitluba; u

(d)

kull sajjied għandu jkollu ftehim tax-xogħol tas-

sajjieda bil-miktub, li għandu jkun iffirmat mill-partijiet kollha

għal dak il-ftehim, u li jipprovdi lis-sajjieda b’xogħol u

kundizzjonijiet tal-għajxien deċenti abbord il-bastiment, skont

kif meħtieġ minn dawn ir-regolamenti.

(2)

Is-subregolament (1) ma għandux japplika għal

kwalunkwe sid ta’ bastiment tas-sajd li jkun qiegħed jopera l-

bastiment waħdu.

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.

Every vessel owner shall ensure that

(a)

every fisherman assigned to his vessel holds

appropriate certificates in respect of any duty the fisherman is

to perform;

(b)

documentation and data relevant to all fishermen

employed on his fishing vessels are maintained and readily

available for inspection and include, inter alia, documentation

and data on their experience in training, medical fitness and

their competency in assigned duties;

(c)

the master is provided with all the necessary

resources and facilities to comply with the obligations of these

regulations; and

(d)

he establishes on board procedures for the

prevention, investigation and reporting of occupational

accidents, injuries and diseases, taking into account the specific

WORK IN FISHING CONVENTION

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.

(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.

(1)

The owner shall provide written instructions to

the master setting out the policies and the procedures to be followed

to ensure that all fishermen engaged on board the vessel are given a

reasonable opportunity to become familiar with the equipment on

board the vessel, operational and safety procedures, including other

arrangements needed for the proper performance of their duties,

before being assigned to such duties.

(2)

The policies and procedures referred to in sub-regulation

(1) shall include

(a)

allocation of a reasonable period of time during

which the fishermen will have an opportunity to become

acquainted with

(i)

the specific equipment the fishermen will

be operating; and

(ii)

vessel specific watch-keeping, safety,

environmental protection and emergency procedures and

arrangements the fishermen needs to know to perform the

assigned duties properly;

(b)

designation of a knowledgeable crew member who

will be responsible for ensuring that an opportunity is provided

to each newly employed fisherman to receive essential

information in a language that the fisherman understands.

(3)

It shall be the duty of any master and any crew member

designated with an obligation under sub-regulation (2) to carry out that

obligation.

(1)

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.

(1)

The master of a fishing vessel shall ensure that

an appropriate and effective watch is at all times maintained for the

purposes of safe navigation and the health and safety of the

fishermen.

(2)

Without prejudice to the duties of the master provided by

sub-regulation (1), the master shall give directions to the fishermen

responsible for navigating the vessel safely during their periods of

duty.

WORK IN FISHING CONVENTION

(1)

The master shall ensure

Responsibilities of

the master.

Amended by

(a)

supervision is provided;

L.N. 233 of 2021.

(b)

fishermen perform their work in the best conditions

of health and safety;

(c)

fishermen are managed in a manner which respects

their health and safety, including prevention of

fatigue;

(d)

compliance with safety of navigation, watch

keeping and associated good seamanship standards;

(e)

on-board occupational health and safety awareness

training are facilitated;

(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.

(2)

The master shall not be constrained by the owner from

taking any decision which, in the professional judgement of the

master, is necessary for the safety of the fishermen on board, or the

vessel and its safe navigation and safe operation.

(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.

Fishermen shall comply with the lawful orders of the

master and applicable health and safety measures.

(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.

(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.

Medical Certificate and Examination

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.

(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.

(3)

The exemption under sub-regulation (2) shall not apply

to a fisherman working on a fishing vessel of twenty-four metres in

length and over or which normally remains at sea for more than three

days;

Provided that in urgent cases, the Director may authorise

a fisherman to work on such a vessel for a period of a limited and

specified duration until a medical certificate can be obtained, provided

that the fisherman is in possession of an expired medical certificate

with a recent date.

(1)

The medical examination required under these

regulations shall consist of a complete physical examination and shall

have regard to the ILO/IMO publication entitled Guidelines on the

Medical Examinations of Seafarers (ILO/IMO/JMS/2011/12),

including any amendments introduced thereto from time to time, and

to any other relative guidelines as may, from time to time, be further

specified by the Medical Council in consultation with the Director.

(2)

In any examination under these regulations, due regard

shall be made to the age of the fisherman to be examined and the

nature of the duties to be performed on board the vessel.

(1)

Every applicant for a medical certificate shall be

examined by a duly qualified medical practitioner, or in the case of a

certificate solely concerning eyesight, by a person recognised by the

competent authority, and if the medical practitioner considers that

the applicant is fit, the practitioner shall issue the applicant with a

medical certificate in terms of sub-regulation (2) and regulation 17,

and such certificate may be restricted to such capacity of sea service

or geographical areas as the practitioner considers appropriate.

(2)

The medical certificate shall contain the personal details

of the person examined including the name and surname, nationality,

age and relevant identity document number such as the sea service

record book or passport number and shall attest

(a)

that the hearing and sight of the fisherman

examined and, in the case of a fisherman to be employed in the

deck department (except for certain specialist personnel, whose

fitness for the work which they are to perform is not likely to be

affected by defective colour vision), his colour vision, are all

satisfactory; and

(b)

that the fisherman is not suffering from any

medical condition likely to be aggravated by, or to render the

fisherman unfit for service at sea or likely to endanger the

health of other persons on board.

(1)

Subject to sub-regulations (2) and (3), a duly

qualified medical practitioner who issues a medical certificate under

regulation 16 shall specify the period of validity during which the

certificate is to remain in force, from the date of the medical

examination.

(2)

Unless suspended or cancelled in terms of regulation 19

and subject to sub-regulation (3), the maximum period of validity of a

medical certificate shall be two years, and in so far as it relates to

colour vision, the maximum period of validity shall be six years;

Provided that, if the examined fisherman is under

eighteen years of age, the maximum period of validity of a medical

certificate shall be one year

Provided further that, if the health of the examined

fisherman demands it, a medical practitioner may issue a medical

certificate valid for such shorter period as may be specified in the

certificate.

(3)

Where the period of validity of a medical certificate

expires in the course of a voyage, the certificate shall remain in force

until the end of that voyage.

If a fisherman possessing a valid medical certificate

suffers a medical condition which precludes seafaring employment,

such fisherman shall arrange for an additional medical examination as

soon as practicable after diagnosis.

If a qualified medical practitioner has reasonable grounds

to believe that

(a)

there has been a significant change in the medical

fitness of a fisherman during the period of validity of the

medical certificate; or

(b)

had he been in possession of the full details of

the fisherman’s conditions when issuing the medical

certificate, he would not have reasonably considered the

fisherman fit to be issued with such certificate; or

(c)

the medical certificate was issued otherwise than

in accordance with these regulations,

the medical practitioner shall notify the fisherman concerned and

may

(i)

suspend the validity of that certificate until

the fisherman has undergone a further medical

examination;

(ii)

suspend the certificate for such period as

the medical practitioner considers the fisherman will

remain unfit to go to sea; or

(iii) cancel the certificate if the medical

practitioner considers that the fisherman is likely to

remain permanently unfit to go to sea.

(1)

In relation to matters concerning the 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.

Any certificate of medical and visual fitness for

employment on board a fishing vessel issued by a qualified medical

practitioner to a fisherman, in respect of a medical examination

conducted before the date on which these regulations come into

force, shall for the purposes of these regulations be deemed to be

equivalent to a medical certificate issued under these regulations

Provided that any such certificate issued by any such

qualified medical practitioner shall remain valid from the date of the

medical examination only, for the appropriate maximum period

prescribed in regulation 17, or for such shorter period as may be

specified in the certificate.

Any medical certificate issued to a fisherman on board a

fishing vessel in accordance with the Medical Examination

(Fishermen) Convention, 1959 (International Labour Organisation

Convention No. 113 of 1959)

(a)

by an authority empowered in that respect by the

laws of a state outside Malta that has ratified the said

Conventions; or

(b)

by an approved authority empowered in that

respect by the laws of a state outside Malta,

shall for the purposes of these regulations be deemed to be

equivalent to a medical certificate issued under these regulations

Provided that any medical certificate issued by any such

authority shall remain in force, unless renewed, only until the

expiration of the period of validity specified in that certificate, but in

no case for more than the appropriate maximum period prescribed in

regulation 17.

Without prejudice to regulation 27, it shall be the duty of

an employer of a fisherman and a master of a fishing vessel to ensure

that a fisherman is provided with at least the minimum hours of rest

Provided that a fisherman’s hours of work are limited to

forty-eight hours a week on average, calculated over a reference period

not exceeding twelve months.

(1)

Without prejudice to regulations 25 and 27, the

minimum hours of rest shall be not less than -

(a)

ten hours in any twenty-four hour period; and

(b)

seventy-seven hours in any seven-day period.

(2)

Hours of rest may be divided into no more than two

periods, one of which shall be at least six hours long, and the interval

between such consecutive periods shall not exceed fourteen hours.

(3)

Musters, fire-fighting and lifeboat drills shall be

conducted in a manner which minimises the disturbance of rest periods

and do not induce fatigue.

(4)

A fisherman who is on call shall have adequate

compensatory rest period, if his normal period of rest is disturbed by

call-outs of work.

(1)

The 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.

((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.

The master or a fisherman authorised by the master, shall

ensure that working arrangements are placed in an accessible place on

the fishing vessel.

(1)

The master of a fishing vessel may require a

fisherman to work any hours of work necessary for the immediate

safety of the fishing vessel, persons on board the vessel or cargo, or

for the purpose of giving assistance to another vessel or to a person

in distress at sea.

(2)

For the purposes of sub-regulation (1), the master may

suspend the hours of rest scheduled in the table under Schedule II and

require a fisherman to perform any hours of work necessary until the

normal situation has been restored.

(3)

As soon as practicable, after the normal situation has been

restored, the master shall ensure that any fisherman who has performed

work in a rest period scheduled in the table under Schedule II, is

provided with an adequate rest period.

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

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.

(1)

Fishermen under the age of eighteen years shall

(a)

not work more than eight hours per day and forty

hours per week;

(b)

be provided sufficient time allowing for all

meals, and a break of at least one hour for the main meal of

the day;

(c)

be provided a fifteen minute rest period as soon

as possible following each two hours of continuous work.

(2)

The master may suspend the provisions of sub-regulation

(1), or require that overtime shall be worked if

(a)

the provisions of regulation 27 are applied;

(b)

the work forms part of an established

programme of training, the effectiveness of which would be

impaired by the prohibition in sub-regulation (1);

(c)

they are impracticable, when the fishermen are

assigned watch keeping duties on the deck, engine room and

catering departments, or work in a rostered shift-work

system.

(3)

All instances under sub-regulation (2) shall be recorded,

indicating the reason and signed by the master.

Where

(a)

a medical practitioner has certified that a

fisherman engaged on watch keeping duties is suffering from

health problems which the practitioner considers to be due to

the fact that the fisherman performs night work; and

(b)

it is possible for the employer to transfer that

fisherman to work

(i)

to which the fisherman is suited; and

(ii)

which is to be undertaken during periods

such that the fisherman will cease to perform night work,

the fisherman shall be transferred accordingly.

A fishing vessel owner shall provide the competent

authorities with such information on watch-keepers and other

fishermen working at night as may be required by the competent

authorities.

Entitlement to annual leave

Regulation 32 Deleted by: L.N. 233 of 2021.

Where during any period, a fisherman is entitled to

hours of rest or annual leave both under a provision of these

regulations and under a separate provision (including a provision of

his contract), he may exercise the two rights separately, but may, in

taking hours of rest or annual leave during that period, take

advantage of whichever right is, in any particular respect, the more

favourable.

Regulations 34 - 56: Deleted by: L.N. 233 of 2021.

(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.

Regulations 58 - 59: Deleted by: L.N. 233 of 2021.

(1)

A fisherman shall be deemed to have been

abandoned where, in violation of the requirements of these

regulations, or the terms of the fisherman’s work agreement, the

owner

(a)

fails to cover the cost of the fisherman’s

repatriation;

(b)

has left the fisherman without the necessary

maintenance and support; or

(c)

has otherwise unilaterally severed his ties with

the fisherman, including failure to pay contractual wages for

a period of at least two months.

(2)

Deleted by: L.N. 233 of 2021.

(3)

Deleted by: L.N. 233 of 2021.

(4)

Deleted by: L.N. 233 of 2021.

(5)

Deleted by: L.N. 233 of 2021.

(6)

Deleted by: L.N. 233 of 2021.

(7)

Deleted by: L.N. 233 of 2021.

Regulations 61 - 71: Deleted by: L.N. 233 of 2021.

(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.

Food and Accommodation

(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.

(2)

The Director shall draw up and publish guidelines on

accommodation on board fishing vessels. These guidelines shall

include the following

(a)

approval of plans for the construction, or

modification of fishing vessels in respect of accommodation;

(b)

maintenance of accommodation and galley spaces;

(c)

ventilation, heating, cooling and lighting;

(d)

mitigation of excessive noise and vibrations;

(e)

location, size, construction materials, furnishing

and equipping of sleeping rooms, mess rooms and other

accommodation spaces;

(f)

hygiene conditions;

(g)

sanitary facilities, including toilets and washing

facilities and supply of sufficient hot and cold water; and

(h)

procedures for responding to complaints

concerning accommodation that does not meet the requirements

of these regulations.

Provided that if the fishing vessel is twenty-four metres

in length or over, the guidelines must comply with the requirements

set out in Schedule I.

(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.

Regulations 74 - 75: Deleted by: L.N. 233 of 2021.

(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.

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.

Health and safety protection

(1)

It shall be the duty of every owner to carry out an

assessment of all the occupational health and safety hazards which

may be present on-board the vessel and the resultant risks involved

concerning all aspects of the work activity. Such assessments shall

consider the risks to the health and safety of the fishermen

Provided that, when carrying out such assessments, the

owner shall also take into consideration changes to the work activities

being carried out and to the vessel’s structure or operational use, and

shall take appropriate action

Provided further that any assessment according to this

regulation shall be conducted with the participation of fishermen or

their chosen representatives, as appropriate.

(2)

The owner shall keep on board the fishing vessel, written

or retrievable electronic copies of such assessments, and shall ensure

that they are updated regularly.

(3)

Such assessments shall be posted in those places which

are being addressed by the assessment in such manner as to be clearly

readable by the fishermen concerned.

(4)

The owner shall implement the protective measures

appropriate to the nature of the work being carried out, which are

required to be taken following these assessments and, if necessary, the

protective equipment to be used, in accordance with recognised

industry standards which may be regulated by Maltese law or

international treaties.

(5)

The assessments referred to in this regulation shall be

reviewed whenever there is any major change in working conditions,

or whenever the owner or fishermen concerned by the assessments

have reason to suspect that they are no longer valid.

Regulation 79 - Deleted by: L.N. 233 of 2021.

In drawing up occupational health and safety hazards

assessments, the owner shall give particular attention to

(a)

the duties of the master to take specific

responsibility for the implementation of and compliance with

the fishing vessel’s occupational health and safety policy and

programme;

(b)

the health and safety of a fisherman under the

age of eighteen (18) years; and

(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).

The owner shall specify the authority of the fishing

vessel’s fishermen appointed or elected as safety representatives to

participate in meetings of the fishing vessel’s safety committee.

Such a committee shall be established on board a fishing vessel on

which there should be five or more fishermen.

Regulations 82 - 84: Deleted by: L.N. 233 of 2021.

(1)

Any contravention by

(a)

the master of a ship, of regulations 23, 26, 27(3)

or 28;

(b)

an employer, of regulation 23;

(c)

a person authorised by the master of a ship, of

regulation 26 or 28; or

(d)

a company which has assumed the operation of

the ship, of regulation 28 or regulation 31,

shall be liable to a fine (multa) of not more than one thousand

units, for each offence.

(2)

Where there is a contravention of regulation 24(3) or

(4), the master of the ship shall be liable to a fine (multa) of not more

than five hundred units, for each offence.

(3)

Where there is a contravention of regulation 29(1), the

employer of the fisherman under the age of eighteen years shall be

liable to a fine (multa) of not more than five hundred units.

(4)

Deleted by: L.N. 233 of 2021.

Enforcement

(1) The owner and the master of the fishing vessels

engaged in international voyages and fishing vessels flying the

Maltese flag and operating from a port, or between ports, in another

state, shall ensure that the vessel is also in compliance with the

provisions of regulation 87.

(2)

The owner and, or the master, if in fault, shall be liable

to a fine (multa) not exceeding five hundred units, for each offence.

The competent authority, or an appropriate inspector,

may inspect any vessel to which these regulations apply and if

satisfied that the vessel is not in compliance with the provisions of

these regulations, the competent authority shall take such steps as are

considered necessary to ensure that the vessel shall not sail until it

can proceed to sea, without presenting an unreasonable threat of

harm to the working and living conditions of the fishermen and any

expenses incurred therefore shall be a charge on the vessel, so

however that the vessel shall not be unduly detained or delayed.

(1)

Unless otherwise provided according to law, the

competent authority shall be empowered to 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.