LIABILITY FOR MARITIME CLAIMS [ S.L.234.16 1 SUBSIDIARY LEGISLATION 234.16 LIMITATION
LIABILITY FOR MARITIME CLAIMS REGULATIONS 1st March, 2004* LEGAL NOTICE 361
2003, as amended by Legal Notices 103 and 261
2004, 411
2007 and 156
these regulations is the Limitation
Liability for Maritime Claims Regulations. Citation. 2.
Liability for Maritime Claims signed in London on the 19th November, 1976, as amended by the Protocol
1996 thereto, signed in London on the 2nd May, 1996, as referred to in article 375
the Act; ''the Minister'' means the Minister responsible for shipping.
limitation
liability for maritime claims and give effect to the Convention. Purpose. 4.
these regulations, those provisions
the Convention set out in the Schedule shall form part
and be enforceable as part
the Law
Malta and any provision
the Act inconsistent therewith shall no longer apply. The Convention to have force
law in Malta.
subregulation
the Act shall no longer apply. 5. Subject to the provisions
regulation 9, the right to limit liability under the Convention shall apply in relation to any ship, whether seagoing or not, and the definition
''shipowner'' in paragraph 2
the Convention shall be construed accordingly. Right to limit liability. 6. References in the Convention and in these regulations to a ''ship'' include references to any structure, whether completed or in the course
completion, launched or intended for use in navigation as a ship or part
a ship, and shall apply to any barge or like vessel however propelled, and the expression ''ship'' shall be construed accordingly. References to the ship. *see regulation 1
these Regulations, as originally promulgated, and Legal Notice 447
2003. 2 [ S.L.234.16 LIMITATION
LIABILITY FOR MARITIME CLAIMS References to the Court. 7. Unless otherwise expressly stated, references in the Convention and in these regulations to ''the Court'' or to ''the Court or other competent authority'' are references to the Civil Court, First Hall and shall be construed accordingly. General limits. 8.
the Convention, in the application
the Convention to a ship with a tonnage less than 300 tons that Article shall have effect as if (a) Article 6
Account; and (b) Article 6
Account. S.L. 234.19 Limit for passenger claims. Amended by: L.N. 261
2004.
this regulation and for the purposes
the Convention, the tonnage
a ship shall be its gross tonnage calculated in accordance with the Merchant Shipping (Tonnage) Regulations. 9.
the Convention shall have effect as if the reference to ''loss
life or personal injury'' did not include a reference to loss
life or personal injury to passengers
seagoing ships.
the Convention shall not apply in respect
any seagoing ship.
the Convention shall have effect in respect
any ship which is not seagoing as if paragraph 1 thereof reads: ''In respect
claims arising on any distinct occasion for loss
life or personal injury to passengers
a ship, the limit
liability
the shipowner thereof in respect
each passenger shall be an amount
175,000 Units
Account.''.
this regulation shall only apply to claims covered by the Athens Convention relating to Carriage
Passengers and their Luggage by Sea, 1974, or any amendment or Protocol to that Convention, which arise from occurrences which take place after the coming into force
that Convention as part
the Law
Malta. Units
account. Amended by: L.N. 411
2007. 10.
converting the amounts mentioned in Articles 6 and 7
the Convention from Special Drawing Rights into Euros, one Special Drawing Right shall be treated as equal to such a sum in Euros as the International Monetary Fund has fixed as being the equivalent
one Special Drawing Right for (a) the relevant date under paragraph 1
the Convention; or (b) if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed.
the Minister stating (a) that a particular sum in Euros has been fixed as mentioned in subregulation
LIABILITY FOR MARITIME CLAIMS [ S.L.234.16 3 which is the last preceding date for which a sum has been so fixed, shall be conclusive evidence
those matters for the purposes
the Articles referred to in subregulation
the International Convention on Liability and Compensation for Damage in Connection with the Carriage
Hazardous and Noxious Substances by Sea 1996, or any amendment or Protocol to that Convention, which arise from occurrences which take place after the coming into force
that Convention as part
the Law
Malta shall be excluded from the Convention.
thereof are claims in respect
any liability incurred under Article III
the International Convention on Civil Liability for Oil Pollution Damage, 1992, as set out in the First Schedule to the Oil Pollution (Liability and Compensation) Act. Excluded claims. Cap. 412.
the Convention shall not apply. 12.
an occurrence in respect
which his liability is limited under these regulations, such person may apply to the Civil Court, First Hall, for the determination
the amount
his liability and, where several claims are made or apprehended in respect
that liability, for the distribution
that amount rateably among the claimants, and in any such case the Civil Court, First Hall, may stay any proceedings pending in relation to the same matter, and any other court shall, upon an application to that effect and notwithstanding any other provision
law, transfer any such proceedings for trial by the Civil Court, First Hall. The Civil Court, First Hall, and on appeal the appellate court, may in any
the circumstances aforesaid proceed in such manner and subject to such procedure as to making persons interested parties to the proceedings and as to the exclusion
any claimants who do not come in within a certain time, and as to requiring security from the applicant, and as to the payment
any costs, as the court thinks just. Power
court to consolidate claims.
such part
the amount to be distributed as it deems appropriate having regard to any claim that may later be established before a court
any country outside Malta.
any ship or property shall affect the proportions in which, under Article 12
the Convention, the fund is distributed among several claimants. 13.
the Convention, the fund therein referred to shall be constituted with the Civil Court, First Hall. Constitution
limitation fund. Amended by: L.N. 411
2007. 4 [ S.L.234.16 LIMITATION
LIABILITY FOR MARITIME CLAIMS
interest to be applied for the purposes
paragraph
the Convention shall be eight percent.
the number
Special Drawing Rights to which he claims to be entitled to limit his liability in terms
these regulations together with interest thereon from the date
the occurrence giving rise to his liability to the date
payment into court.
the said number
Special Drawing Rights on the date
payment into court, he may calculate the same on the basis
the latest available published Euro equivalent
a Special Drawing Right as fixed by the International Monetary Fund, and in the event
the Euro equivalent
a Special Drawing Right on the date
payment into court under subregulation
that payment into court, the person claiming limitation (a) shall make up any deficiency by making a further payment into court which, if made within fourteen days after the payment into court under subregulation
that payment into court, or (b) may apply to the court for the refund
any excess amount paid into court under subregulation
the appropriate number
Special Drawing Rights on the date
payment into court.
payment in, the amount paid in, the amount
interest included therein and the period to which it relates.
any excess amount paid out to him under subregulation
ship. 14. Where the release
a ship or other property is ordered under paragraph
the Convention, the person on whose application it is ordered to be released shall be deemed to have submitted to the jurisdiction
the Civil Court, First Hall, to adjudicate on the claim for which the ship or property was arrested. LIMITATION
LIABILITY FOR MARITIME CLAIMS [ S.L.234.16 SCHEDULE (Regulation 4) 5 Substituted by: L.N. 261
2004. Amended by: L.N. 156
2015. Text
Articles 1 to 7, 8
the Convention on Limitation
Liability for Maritime Claims 1976 as amended by the Protocol
1996 thereto CHAPTER I - THE RIGHT
LIMITATION Article 1 Persons entitled to limit liability
this Convention for claims set out in Article 2.
a seagoing ship.
the limitation
liability provided for in this Convention.
a shipowner shall include liability in an action brought against the vessel herself.
liability for claims subject to limitation in accordance with the rules
this Convention shall be entitled to the benefits
this Convention to the same extent as the assured himself.
invoking limitation
liability shall not constitute an admission
liability. Article 2 Claims subject to limitation
liability may be, shall be subject to limitation
liability (a) claims in respect
loss
life or personal injury or loss
or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation
the ship or with salvage operations, and consequential loss resulting therefrom; (b) claims in respect
loss resulting from delay in the carriage by sea
cargo, passengers or their luggage; (c) claims in respect
other loss resulting from infringement
rights other than contractual rights, occurring in direct connection with the operation
the ship or salvage operations; (d) claims in respect
the raising, removal, destruction or the rendering harmless
a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship; (e) claims in respect
the removal, destruction or the rendering harmless 6 [ S.L.234.16 (f) LIMITATION
LIABILITY FOR MARITIME CLAIMS
the cargo
the ship; claims
a person other than the person liable in respect
measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.
liability even if brought by way
recourse or for indemnity under a contract or otherwise. However, claims set out under sub-paragraph
liability to the extent that they relate to remuneration under a contract with the person liable. Article 3 Claims excepted from limitation The rules
this Convention shall not apply to (a) claims for salvage, including, if applicable, any claim for special compensation under Article 14
the International Convention on Salvage, 1989, as amended, or contribution in general average; (b) claims for oil pollution damage within the meaning
the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969 or
any amendment or Protocol thereto which is in force; (c) claims subject to any international convention or national legislation governing or prohibiting limitation
liability for nuclear damage; (d) claims against the shipowner
a nuclear ship for nuclear damage; (e) claims by servants
the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims
their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract
service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect
such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6. Article 4 Conduct barring limitation A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result. Article 5 Counterclaims When a person entitled to limitation
liability under the rules
this Convention has a claim against the claimant arising out
the same occurrence, their respective claims shall be set
f against each other and the provisions
this Convention shall only apply to the balance, if any. CHAPTER II - LIMITS
LIABILITY Article 6 The general limits LIMITATION
LIABILITY FOR MARITIME CLAIMS [ S.L.234.16 7
liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows (a) in respect
claims for loss
life or personal injury, (i) 3.02 million Units
Account for a ship with a tonnage not exceeding 2,000 tons, (
Account; for each ton from 30,001 to 70,000 tons, 906 Units
Account; and for each ton in excess
70,000 tons, 604 Units
Account, (b) in respect
any other claims, (i) 1.51 million Units
Account for a ship with a tonnage not exceeding 2,000 tons, (
Account; for each ton from 30,001 to 70,000 tons, 453 Units
Account; and for each ton in excess
70,000 tons, 302 Units
Account.
the unpaid balance
claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).
claims for loss
life or personal injury according to paragraph
damage to harbour works, basins and waterways and aids to navigation shall have such priority over other claims under paragraph 1(b) as is provided by that law.
liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect
which he is rendering salvage services, shall be calculated according to a tonnage
1,500 tons.
this Convention the shipís tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex 1
the International Convention on Tonnage Measurement
Ships, 1969. Article 7 The limit for passenger claims
claims arising on any distinct occasion for loss
life or personal injury to passengers
a ship, the limit
liability
the shipowner thereof shall be an amount
175,000 Units
Account multiplied by the number
passengers which the ship is authorized to carry according to the shipís certificate.
this Article ëclaims for loss
life or personal injury to passengers
a shipí shall mean any such claims brought by or on behalf
any person carried in that ship (a) under a contract
passenger carriage, or 8 [ S.L.234.16 LIMITATION
LIABILITY FOR MARITIME CLAIMS (b) who, with the consent
the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage
goods. Article 8 Unit
Account The Unit
Account referred to in Articles 6 and 7 is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in Articles 6 and 7 shall be converted into the national currency
the State in which limitation is sought, according to the value
that currency at the date the limitation fund shall have been constituted, payment is made, or security is given which under the law
that state is equivalent to such payment. The value
the national currency in terms
the Special Drawing Right,
a State Party which is a member
the International Monetary Fund, shall be calculated in accordance with the method
valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value
a national currency in terms
the Special Drawing Right,
a State Party which is not a member
the International Monetary Fund, shall be calculated in a manner determined by that State Party. Article 9 Aggregation
Claims
liability determined in accordance with Article 6 shall apply to the aggregate
all claims which arise on any distinct occasion (a) against the person or persons mentioned in paragraph 2
and any person for whose act, neglect or default he or they are responsible; or (b) against the shipowner
a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or (c) against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to, or in respect
which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.
liability determined in accordance with Article 7 shall apply to the aggregate
all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in paragraph 2
in respect
the ship referred to in article 7 and any person for whose act, neglect or default he or they are responsible. Article 10 Limitation
liability without constitution
a limitation fund
liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted.
liability is invoked without the constitution
a limitation fund, the provisions
procedure arising under the rules
this Article shall be decided in accordance with the national law
the State Party in which action is brought. LIMITATION
LIABILITY FOR MARITIME CLAIMS [ S.L.234.16 9 CHAPTER III - THE LIMITATION FUND Article 11 Constitution
the Fund
claims subject to limitation. The fund shall be constituted in the sum
such
the amounts set out in Articles 6 and 7 as are applicable to claims for which that person may be liable, together with interest thereon from the date
the occurrence giving rise to the liability until the date
the constitution
the fund. Any fund thus constituted shall be available only for the payment
claims in respect
which limitation
liability can be invoked.
the State Party where the fund is constituted and considered to be adequate by the Court or other competent authority.
the persons mentioned in paragraph
the fund
paragraphs
and
subrogation provided for in paragraph
any amount
compensation which they may have paid, but only to the extent that such subrogation is permitted under the applicable national law.
compensation with regard to which such person would have enjoyed a right
subrogation pursuant to paragraphs
the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund. Article 13 Bar to other actions
such a claim against any other assets
a person by or on behalf
whom the fund has been constituted.
whom the fund has been constituted, which has been arrested or attached within the jurisdiction
a 10 [ S.L.234.16 LIMITATION
LIABILITY FOR MARITIME CLAIMS State Party for a claim which may be raised against the fund, or any security given, may be released by order
the Court or other competent authority
such State. However, such release shall always be ordered if the limitation fund has been constituted (a) at the port where the occurrence took place, or, if it took place out
port, at the first port
call thereafter; or (b) at the port
disembarkation in respect
claims for loss
life or personal injury; or (c) at the port
discharge in respect
damage to cargo; or (d) in the State where the arrest is made.
paragraphs
that claim. Article 14 Governing Law Subject to the provisions
this Chapter the rules relating to the constitution and distribution
a limitation fund, and all rules
procedure in connection therewith, shall be governed by the law
the State Party in which the fund is constituted. CHAPTER IV - SCOPE
APPLICATION Article 15
a State Party or seeks to procure the release
a ship or other property or the discharge
any security given within the jurisdiction
any such State. Nevertheless, each State Party may exclude wholly or partially from the application
this Convention any person referred to in Article 1, who at the time when the rules
this Convention are invoked before the Courts
that State does not have his habitual residence in a State Party, or does not have his principal place
business in a State Party or any ship in relation to which the right
limitation is invoked or whose release is sought and which does not at the time specified above fly the flag
a State party.
national law the system
limitation
liability to be applied to vessels which are (a) according to the law
that State, ships intended for navigation on inland waterways; (b) ships
less than 300 tons. A State Party which makes use
the option provided for in this paragraph shall inform the depositary
the limits
liability adopted in its national legislation or
the fact that there are none.
national law the system
limitation
liability to be applied to claims arising in cases in which interests
persons who are nationals
other States Parties are in no way involved. (3bis) Notwithstanding the limit
liability prescribed in paragraph
, a State Party may regulate by specific provisions
national law the system
liability to be applied to claims for loss
life or personal injury to passengers
a ship, provided that the limit
liability is not lower than that prescribed in paragraph
. A State Party which makes use
the option provided for in this LIMITATION
LIABILITY FOR MARITIME CLAIMS [ S.L.234.16 11 paragraph shall inform the Secretary-General
the limits
liability adopted or
the fact that there are none.
a State Party shall not apply this Convention to ships constructed for, or adapted to, and engaged in, drilling (a) when that State has established under its national legislation a higher limit
liability than that otherwise provided for in Article 6; or (b) when that State has become party to an international convention regulating the system
liability in respect
such ships. In a case to which sub-paragraph (a) applies that State Party shall inform the depositary accordingly.
exploring or exploiting the natural resources
the sea-bed or the sub-soil thereof. Articles 16 and 17 omitted. Article 18 Reservations
signature, ratification, acceptance, approval or accession, or at any time thereafter, reserve the right (a) to exclude the application
the International Convention on Liability and Compensation for Damage in connection with the Carriage
Hazardous and Noxious Substances by Sea, 1996 or
any amendment or Protocol thereto. No other reservations shall be admissible to the substantive provisions
this Convention.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.