L.S. 234.19 Regolamenti dwar Tunnellaġġ

(1)requires: In these regulations unless the context otherwise "the Act" means the Merchant Shipping Act; "administration" means the Government of the state whose flag the ship is flying; "amidships" means the mid-point of the length (as defined below), except in the case of a ship of not less than 24 metres in length when it means the mid-point of the length overall; "breadth" means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material; "break" means the space bounded longitudinally by a side to side upward step in the lowest line of the upper deck and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck continued parallel thereto; "cargo spaces" means enclosed spaces which are appropriated for the transport of cargo to be discharged from the ship; "certifying authority" means the Minister or any person authorised by the Minister for the purposes of these regulations and includes organizations or bodies of surveyors authorised by the Minister in that behalf; "contracting Government" means the Government of a country which has accepted the International Convention on Tonnage Measurement of Ships, 1969, signed in London on the 23rd June, 1969; "Convention" means the International Convention on Tonnage Measurement of Ships, 1969, signed in London on the 23rd June, 1969; "enclosed spaces" means all those spaces, other than excluded spaces, which are bounded by the ship’s hull, by fixed or portable partitions or bulkheads, or by decks or coverings other than permanent or moveable awnings. No break in a deck, nor any *see regulation 1

(2)of these Regulations, as originally promulgated. Title. Interpretation. Amended by: L.N. 165 of 2021. Cap. 234. 2 [ S.L.234.19 TONNAGE opening in the ship’s hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces; and for the purposes of this definition "excluded spaces" means, subject to paragraph (

1. f)below, any of the spaces specified in paragraphs (
2. a)to (
3. e)below: (
4. a)that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening. Such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in figure 1 of the First Schedule; provided that (
5. i)where at any point the width of the enclosed space, because of any arrangement except covergence of the outside plating, as specified in figure 3 of the First Schedule, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in figures 2 and 4 of the First Schedule; (
6. ii)where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails end of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in figures 5 and 6 of the First Schedule; (
7. b)a space under an overhead deck covering open to the sea and weather, having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, which ever is the greater, as specified in figure 7 of the First Schedule; (
8. c)a space in a side-to-side erection between opposite side of openings not less in height than 0.75 metres or one third of the height of the erection, whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one-half of the TONNAGE [ S.L.234.19 breadth of the deck in way of the opening, as specified in figure 8 of the First Schedule; (
9. d)a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in figure 9 of the First Schedule; (
10. e)a recess in the boundary bulkheads of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in figure 10 of the First Schedule; (
11. f)notwithstanding the provisions of paragraphs (
12. a)to (
13. e)inclusive, any space listed in those paragraphs which fulfils at least one of the following conditions shall be treated as an enclosed space: (
14. i)the space is fitted with shelves or other means for securing cargo or stores; (
15. ii)the openings are fitted with any means of closure; (iii) the construction provides any possibility of such openings being closed; "fishing vessel" means a vessel granted a licence or permit to fish in terms of the Fisheries Conservation and Management Act; Cap. 425. "foreign ship" means a ship which is not a Maltese ship; "length" means the greater of the following distances: (
16. a)the distance between the fore side of the stem and the axis of the rudder stock; or (
17. b)a distance measured from the fore side of the stem, being 96 per cent of the distance between that point and the aft side of the stern, the said points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship. In the case of a ship having a rake of keel the waterline shall be parallel to the designed waterline; "length overall" means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed perm anent structure; and "fixed permanent structure" includes any portion of the hull which is capable of being detached, but which must be fixed in place for the safe operation of the vessel;". "Load Line Rules" means the Load Line Rules, and includes in relation to any ship not registered in Malta any corresponding rules of the country in which the ship is registered; S.L.234.12 3 4 [ S.L.234.19 TONNAGE "MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships, signed in London on 2nd November, 1973 and the Protocol thereto signed in London on 17th February, 1978; "moulded depth" and in the case of a ship of less than 24 metres "depth", means the vertical distance measured from the top of the keel of a metal ship, or in wood or composite ships from the lower edge of the keel rabbet, to the underside of the upper deck at side, or, in the case of a ship which is not fully decked, to the top of the upper stroke or gunwale, provided that (
18. a)where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel; (
19. b)in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever give the lesser depth; (
20. c)in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and (
21. d)where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is measured, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part; and for the purposes of this definition: (
22. i)"upper deck" means the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck; and (
23. ii)"weathertight" means that in any sea conditions water will not penetrate into the ship; "moulded draught" means: (
24. a)for ships assigned load lines in accordance with the Load Lines Rules, the draught corresponding to the Summer Load Line (other than timber load lines); (
25. b)for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance TONNAGE [ S.L.234.19 with the SOLAS Convention (as defined below) or other international agreement where applicable or in accordance with the provisions of regulations implementing such Convention or agreement where applicable; (
26. c)for ships to which no load line has been assigned but the draught of which is restricted by the Minister, the maximum permitted draught; (
27. d)for other ships, 75 per cent of the moulded depth amidships as defined in this regulation; "oil tanker" means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes combination carriers; for the purposes of this definition, "combination carrier" means a ship designed to carry either oil or solid cargoes in bulk; "passenger" means any person carried in a ship except: (
28. a)a person employed or engaged in any capacity on board the ship on the business of the ship; (
29. b)a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and (
30. c)a child under one year of age; "pleasure yacht" means a vessel primarily used for sport or recreation; "similar stage of construction" means the stage at which: (
31. a)construction identifiable with a specific ship begins; and (
32. b)assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less; "SOLAS Convention" means the International Convention for the Safety of Life at Sea, signed in London on 1st November, 1974, and the Protocol thereto signed in London on 17th February, 1978; "STOW Convention" means the International Convention on St andards of Training, Certifica tion and Watchkeeping for Seafarers, signed in London on 7th July, 1978; "surveyor" means a surveyor appointed by a certifying authority.

(2)Any reference in these regulations to an international convention or its related protocol or code shall include reference to any amendments to such convention, protocol or code accepted by the Govemment of Malta. 5 6 [ S.L.234.19 TONNAGE PART II Application, Ascertainment of Tonnage and Certification for Ships of 24 Metres in Length and Over Application of Part II. 3. This Part of these regulations shall apply to ships (including fishing vessels and pleasure yachts), being ships of 24 metres in length or over, registered or to be registered as Maltese ships under Part II or Part IIA of the Act. Ascertainment of Tonnage Method of measurement. 4.

(1)The owner and the master of a ship to be measured shall make it available for measurement by a surveyor and afford all necessary facilities for its inspection, survey and measurement and shall produce such plans, drawings, specifications and other documents relating to the ship that the surveyor may require for his use or retention.

(2)The gross and net tonnages shall be determined in accordance with regulations 6 and 7 provided that in the case of novel types of craft with constructional features which render the application of the provisions of these regulations unreasonable or impracticable, the gross and net tonnages shall be determined as required by the Minister.

(3)All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.

(4)Gross and net tonnages shall be expressed as whole numbers, decimals rounded off downwards. Calculation of volumes. 5.

(1)All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of the structural boundary surfaces in ships constructed of any other material.

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

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

(4)The method and accuracy of the calculations shall be to the satisfaction of the Minister and shall be sufficiently detailed to facilitate checking. Gross tonnage.

1. The gross tonnage (GT) of a ship shall be determined by the following formula: GT = K 1V where: V = total volume of all enclosed spaces of the ship in cubic metres, K 1 = 0.2 + 0.02 log 10 V or as specified in the Second Schedule. Net tonnage.
2. The net tonnage (NT) of a ship shall be determined by the [ S.L.234.19 TONNAGE 7 following formula: NT = K2V c ( 4d 3D ) 2 + K3 ( N+ 1 N2 10 ) where: V c = total volume of cargo spaces in cubic metres K 2 = 0.2 + 0.02 log 10 V c or as specified in the Second Schedule GT + 10,000 10,000 K 3 = 1.25 where GT = gross tonnage calculated in accordance with regulation 6 D = moulded depth amidships in metres d = moulded draught amidships in metres N 1 = number of passengers in cabins with not more than 8 berths; and N 2 = number of other passengers: Provided that: (a) the factor ( 4d 3D ) 2 shall not be taken as greater than unity; (b) the term K 2V c ( 4d 3D ) 2 shall not be taken less than 0.25 GT; (c) N 1 and N 2 shall be taken as zero when N 1 + N 2 is less than 13; and (d) NT shall not be taken as less than 0.30 GT. 8.

(1)Where segregated ballast tanks complying with Regulation 13 of Annex 1 of the MARPOL Convention are provided in oil tankers, an entry may be made on the International Tonnage Certificate

(1969)indicating the total tonnage of these tanks. The tonnage of such segregated ballast tanks shall be calculated according to the following formula: K1 x Vb where: K 1 = 0.2+0.02 log 10V or as specified in the Second Schedule; V = the total volume of all enclosed spaces of the ship in cubic metres; and V b = the total volume of segregated ballast tanks in cubic metres measured in accordance with regulation

1. Segregated ballast oil tankers. 8 [ S.L.234.19 TONNAGE Certification Issue of certificates.
2. If it is in order to do so, the certifying authority shall issue to the owner of every ship, the tonnages of which have been ascertained in accordance with regulations 6 and 7, an International Tonnage Certificate

(1969)in the form set out in the Third Schedule or as near thereto as circumstances permit, certifying the tonnages of the ship and containing the particulars to be shown thereon and such particulars, if any, as the Registrar-General may deem proper. Cancellation of certificates. 10.

(1)Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship’s passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the gross or net tonnage, the existing International Tonnage Certificate

(1969)shall cease to be valid and shall be delivered up to and cancelled by the certifying authority.

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

(1969)shall cease to be valid except when the transfer is to the administration of a state which is a contracting Government, in which case the certificate may remain in force for a period not exceeding three months or until the new administration issues another International Tonnage Certificate

(1969)whichever is the earlier. The certifying authority shall transmit to the administration of that Government as soon as possible after the transfer has taken place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations. Change of net tonnage necessitating issue of certificate. S.L.234.12 11.

(1)When alterations in the values of V, V c, d, N 1 or N 2 as defined in regulations 6 and 7 result in an increase in the net t o n n a g e a n e w I n t e r n a t i o n a l To n n a g e C e r t i f i c a t e ( 1 9 6 9 ) incorporating the increased net tonnage shall be issued.

(2)In the case of a passenger ship assigned subdivision load lines in accordance with the SOLAS Convention or in accordance with the provisions of regulations implementing such Convention and load lines in accordance with the Load Lines Rules, only one net tonnage shall be applied. Where the draught corresponding to the Summer load line differs from that corresponding to the deepest subdivision load line the net tonnage shall, subject to subregulation

(3)(a), be the greater of the two values determined in accordance with regulation 7 by applying the differing draughts.

(3)(a) Subject to paragraph (b), where alterations in the values of V, V c, d, N 1 or N 2 as defined in regulations 6 and 7, or changes in the position of the load lines result in a decrease in the net tonnage, a new International Tonnage Certificate

(1969)incorporating the decreased net tonnage shall not be issued until twelve months have elapsed from the date on which the current certificate was issued. (b) A new International Tonnage Certificate

(1969)may be issued when: TONNAGE [ S.L.234.19 (

1. i)a ship which was registered elsewhere is reregistered in Malta; (
2. ii)a ship undergoes alterations or modifications of a major character. such as the removal of a superstructure, which requires an alteration of the assigned load line; or (iii) the ship is a passenger ship employed in special trades for the carriage of large numbers of special trade passengers, such as the pilgrim trade. 12.

(1)In the case of a ship (

1. a)which is a ship the keel of which was laid or which was at a similar stage of construction before 18th July 1982; or (
2. b)which is a ship the keel of which was laid or which was at a similar stage of construction not later than 31st December 1985, not being a ship referred to in paragraph (a); or (
3. c)which is a cargo ship of less than 1600 tons gross tonnage when ascertained in accordance with regulation 1.3

(3)of the Merchant Shipping (Tonnage) Regulations, 1989 *, the keel of which was laid or which was at a similar stage of construction before 18th July 1994, not being a ship referred to in paragraph (a), the Minister may permit the continuing use of a gross tonnage ascertained in accordance with regulation 13

(3)of the Merchant Shipping (Tonnage) Regulations, 1989 for the purpose of the application of the provisions of the SOLAS Convention, the MARPOL Convention and the STCW Convention or for the purpose of t he ap plication of the pro visi ons of regul ati ons implementing such Conventions.

(2)An International Tonnage Certificate

(1969)may be annotated, under "Remarks", by the certifying authority (a) in the case of a ship to which sub-regulation

(1)(a) refers, with the duly completed and signed entry "The ship is re-measured according to article 3

(2)(

1. d)of the 1969 Tonnage Convention The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: ............... RT, according to the regulations ........................"; and (
2. b)in the case of a ship to which sub-regulation

(1)(

1. b)or (
2. c)refers, with the duly completed and signed entry "The ship is additionally measured according to resolution A. 494(XIl). *Revoked by these regulations. Use of previous applicable gross tonnage. 9 10 [ S.L.234.19 TONNAGE The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: ............... RT, according to the regulations ............................. .

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

(1969)and the ship undergoes alterations or modifications which affect its tonnage the old tonnage referred to in sub-regulation

(1)shall be deleted.

(4)Where a gross tonnage has been ascertained and is to be used in accordance with sub-regulation

(1), then any certificate issued for the purposes of the conventions referred to shall record only that gross tonnage together with an appropriate footnote: "The above gross tonnage has been determined by a certifying authority (a tonnage authority) of Malta in accordance with the national tonnage regulations which were in force prior to the coming into force of the International Convention on Tonnage Measurement of Ships, 1969."; or "See REMARKS column of the valid International Tonnage Certificate

(1969)". PART III Application, Ascertainment of Tonnage and Certification for Fishing Vessels of 15 Metres or more in Length Overall but less than 24 Metres in Length Application of Part III.

1. This Part of these regulations shall apply to fishing vessels of 15 metres or more in length overall but less than 24 metres in length, registered or to be registered as Maltese ships under Part II or Part IIA of the Act, with effect: (a) for vessels first registered on or after 1st January, 2003, from the date when such vessels are first registered; and (b) for vessels first registered before 1st January, 2003, from 1st January,
2. Measurement and certification. 14.

(1)Regulations 4, 5 and 6 shall apply for the measurement of tonnage of fishing vessels to which this Part of these regulations applies as they apply for the purpose of Part II of these regulations.

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

(1)shall be the gross tonnage and net tonnage. Issue of certificates.

1. If it is in order to do so, the certifying authority shall issue to the owner of every fishing vessel, the tonnages of which have been ascertained in accordance with regulation 14, a Certificate of Survey (Tonnage Measurement) for Maltese Fishing Vessels of 15 Metres Length Overall to Less than 24 Metres Length in the form set out in the Fourth Schedule or as near thereto as circumstances permit, certifying the tonnages of the fishing vessel and containing the particulars to be shown thereon and such particulars, if any, as the Registrar-General may deem proper. TONNAGE [ S.L.234.19
2. Where alterations are made in the arrangement, construction, capacity, use of spaces, or permitted draught of the fishing vessel such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall be delivered up to and cancelled by the certifying authority and the owner of the vessel shall make an application for it to be remeasured in accordance with regulation 4

(1). 11 Cancellation of certificates. PART IV Application, Ascertainment of Tonnage and Certification for Ships of Less than 24 Metres in Length, other than Fishing Vessels to which Part III applies 17. This Part of these regulations shall apply to ships (including fishing vessels and pleasure yachts), being ships of less than 24 metres in length, and not being fishing vessels to which Part III of these regulations applies, registered or to be registered as Maltese ships under Part II or Part IIA of the Act. Application of Part IV. 18.

(1)The owner and the master of a ship to be measured shall make it available for measurement by a surveyor and afford all necessary facilities for its inspection, survey and measurement and shall produce such plans, drawings, specifications and other documents relating to the ship that the surveyor may require for his use or retention. Measurement and certification. Amended by: L.N. 165 of 2021.

(2)The tonnage of a ship shall be the sum of (

1. a)the product of multiplying together its length overall, extreme breadth over the outside hull and depth in metres ancl multiplying the resultant figure by 0.16; and (
2. b)the tonnage of any break or breaks, calculated for each break by multiplying together its mean length, mean breadth and mean height in metres and multiplying the resultant figure by 0.35.

(3)For the purpose of this Part (

1. a)the breadth of a ship shall be its extreme breadth over the outside plating, planking or hull, no account being taken of rubbers or fenders even if they are moulded so as to be integral with the hull; (
2. b)the depth of a ship shall be measured vertically at the mid-point of the length overall. (
3. i)The upper terminal point for depth shall be (
4. aa)in the case of a decked ship, the underside of the deck on the middle line or if there is no deck on the middle line at the point of measurement, the underside of the deck at the side of the ship plus the full deck camber; (
5. bb)in the case of an open ship, the top of the upper stroke or gunwale. (
6. ii)The lower terminal point of depth shall (
7. aa)in the case of a wooden ship, the upper side 12 [ S.L.234.19 TONNAGE of the plank at the side of the keel or hog; (
8. bb)in the case of a metal ship, the top of the plating at the side of the keel; (
9. cc)in the case of a glass reinforced plastic ship, the inside of the hull. Where no keel member is fitted and the keel is of open trough construction, the lower terminal point for depth shall be the top of the keel filling, if fitted, or the level at which the inside breadth of the trough is 10 centimetres, whichever gives the greater depth. (iii) Where a break exists in way of the point of measurement for depth, the height of the break shall not be included in the measurement of depth. (
10. c)the hull length of a ship shall mean the length of the hull measured in accordance with the harmonised standard, whereas the phrase "harmonised standard" shall have the meaning set out in paragraph (
11. c)of Article 2

(1)of Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European Standardisation (in its up to date form).

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

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

(5)In the case of a multi-hull ship the tonnage of each hull shall be measured separately and the sum of such tonnages shall be used in computing the tonnage referred to in sub-regulation

(2).

(6)All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.

(7)Tonnage shall be expressed to two decimal places, the second decimal place being increased by one if the third decimal place is 5 or more.

(8)On completion of the measurement and if it is in order to do so, the certifying authority shall issue to the owner of every ship, the tonnages of which have been ascertained in accordance with this Part of these regulations, a Certificate of Survey (Tonnage Measurement) for Maltese Ships under 24 Metres Length, other than Fishing Vessels with overall length equal or greater than 15m in the form set out in the Fifth Schedule or as near thereto as circumstances permit, certifying the tonnages of the ship and containing the particulars to be shown thereon and such particulars, if any, as the Registrar-General may deem proper.

(9)Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship’s passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall TONNAGE [ S.L.234.19 13 be delivered up to and cancelled by the certifying authority and the owner of the ship shall make an application for it to be re-measured in accordance with sub-regulation

(1).

(10)Notwithstanding the provisions of sub-regulation

(2), nothing in this Part of these regulations shall be taken to require any ship the tonnage of which was validly determined under the Tonnage Regulations in force immediately before the coming into force of these regulations to have its tonnage re-determined. PART V Foreign Ships whilst within Malta or the Territorial Waters thereof 19.

(1)An International Tonnage Certificate

(1969)issued under the authority of another contracting Government to a foreign ship in accordance with the Convention shall be accepted and regarded for all purposes covered by the Convention as having the same validity as one issued under Part II of these Regulations. Whilst such a ship is within Malta or the territorial waters thereof it may be subject to inspection by a person duly authorised by the Minister in that behalf for the purpose of verifying - Acceptance of foreign tonnage certificates. (a) that the ship is provided with a valid International Tonnage Certificate

(1969); and (b) that the main characteristics of the ship correspond to the data given in the certificate.

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

(3)If the inspection reveals that the main characteristics of the ship differ from those entered in the International Tonnage Certificate

(1969)so as to lead to an increase in the gross tonnage or the net tonnage, the administration of the State whose flag the ship is flying shall be informed without delay. 20.

(1)The certifying authority may, at the request of the administration of a contracting Government, ascertain the gross and net tonnages of a foreign ship in accordance with Part II of these regulations and issue to the owner an International Tonnage Certificate

(1969). In such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the state whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible.

(2)The certifying authority may, at the request of an owner of a f or e ig n s h i p f l y in g th e f l a g o f a n a d m in i s t r a t i o n o f a n on contracting Government, ascertain the gross and net tonnages of the ship in accordance with Part II of these regulations and issue a certificate of Maltese Tonnage Measurement. In such cases the certificate will bear the endorsement "for use only whilst within Malta or the territorial waters thereof". Ascertainment of tonnage and certification. 14 [ S.L.234.19 TONNAGE PART VI Penalties Penalties. Amended by: L.N. 411 of 2007. 21.

(1)Any owner or master who fails without reasonable cause to deliver up a certificate for cancellation as required by regulations 10

(1), 16 or 18

(9)shall be guilty of an offence and liable on summary conviction to a fine not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87).

(2)Any person who contravenes or suffers any person under his control to contravene the provisions of these regulations or any person who omits or suffers any person under his control to omit anything the performance of which is required by the provisions of these regulations shall be guilty of an offence and shall be liable to a fine not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) for each such offence

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

(2), the Minister may direct that the sailing of the ship in respect of which the offence was committed shall be prohibited until the contravention or omission constituting the offence has been removed. [ S.L.234.19 TONNAGE 15 FIRST SCHEDULE Excluded spaces as defined in regulation 2 In the following figures:0 = excluded space C = enclosed space I = space space to be considered as an enclosed Hatched in parts to be included as enclosed spaces. B = breadth of the deck in way of the opening. In ships with rounded gunwales the breadth is measured as indicated in Figure 11. 16 [ S.L.234.19 TONNAGE TONNAGE [ S.L.234.19 17 18 [ S.L.234.19 TONNAGE SECOND SCHEDULE Coefficients K1 and K 2 referred to in regulations 6, 7 and 8 V or Vc = Volume in cubic metres V or V c K 1 or K 2 V or V c K 1 or K 2 V or V c K 1 or K 2 V or V c K 1 or K 2 10 0.2200 45000 0.2931 330000 0.3104 670000 0.3165 20 0.2260 50000 0.2940 340000 0.3106 680000 0.3166 30 0.2295 55000 0.2948 350000 0.3109 690000 0.3168 40 0.2320 60000 0.2956 360000 0.3111 700000 0.3169 50 0.2340 65000 0.2963 370000 0.3114 710000 0.3170 60 0.2356 70000 0.2969 380000 0.3116 720000 0.3171 70 0.2369 75000 0.2875 390000 0.3118 730000 0.3173 80 0.2381 80000 0.2981 400000 0.3120 740000 0.3174 90 0.2391 85000 0.2986 410000 0.3123 750000 0.3175 100 0.2400 90000 0.2991 420000 0.3125 760000 0.3176 200 0.2460 95000 0.2996 430000 0.3127 770000 0.3177 300 0.2495 100000 0.3000 440000 0.3129 780000 0.3178 400 0.2520 110000 0.3008 450000 0.3131 790000 0.3180 500 0.2540 120000 0.3016 460000 0.3133 800000 0.3181 600 0.2556 130000 0.3023 470000 0.3134 810000 0.3182 700 0.2569 140000 0.3029 480000 0.3136 820000 0.3185 800 0.2581 150000 0.3035 490000 0.3138 830000 0.3184 900 0.2591 160000 0.3041 500000 0.3140 840000 0.3185 1000 0.2600 170000 0.3046 510000 0.3142 850000 0.3186 2000 0.2660 180000 0.3051 520000 0.3143 860000 0.3187 3000 0.2695 190000 0.3056 530000 0.3145 870000 0.3188 4000 0.2720 200000 0.3060 540000 0.3146 880000 0.3189 5000 0.2740 210000 0.3064 550000 0.3148 890000 0.3190 6000 0.2756 220000 0.3068 560000 0.3150 900000 0.3191 7000 0.2769 230000 0.3072 570000 0.3151 910000 0.3192 8000 0.2781 240000 0.3076 580000 0.3153 920000 0.3193 9000 0.2791 250000 0.3080 590000 0.3154 930000 0.3194 10000 0.2800 260000 0.3083 600000 0.3156 940000 0.3195 15000 0.2835 270000 0.3086 610000 0.3157 950000 0.3196 20000 0.2860 280000 0.3089 620000 0.3158 960000 0.3196 25000 0.2880 290000 0.3092 630000 0.3160 970000 0.3197 30000 0.2895 300000 0.3095 640000 0.3161 980000 0.3198 35000 0.2909 310000 0.3098 650000 0.3163 990000 0.3199 40000 0.2920 320000 0.3101 660000 0.3164 1 000000 0.3200 Coefficients K 1 or K 2 at intermediate values of V or V c shall be obtained by linear interpolation. [ S.L.234.19 TONNAGE 19 THIRD SCHEDULE International Tonnage Certificate

(1969)Issued under the provisions of the INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT OF SHIPS

(1969)under the authority of the Government of the Republic of Malta. Name of Ship Official Number Port of Registry Date* * Date on which keel was laid or the ship was at a similar stage of construction, (article 2

(6)) or date on which the ship underwent alterations or modifications of a major character, (article 3

(2)(b)), as appropriate. MAIN DIMENSIONS Length (Article 2

(8)) Moulded Depth Amidships to Upper Deck (Regulation 2

(2)) Breadth (Regulation 2

(3)) The tonnages of the ship are: GROSS TONNAGE ................................................................... NET TONNAGE ................................................................... THIS IS TO CERTIFY that the tonnages of this ship have been determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships 1969. Issued at ................................ (place of issue of certificate) ....................., .............. (date of issue) The undersigned declares that he is duly authorised by the said Governments to issue this certificate (signed) ................................................... 20 [ S.L.234.19 TONNAGE (Reverse side of Certificate) SPACES INCLUDED IN TONNAGE GROSS TONNAGE NET TONNAGE Name of Space Location Length Name of Location Space Underdeck - Length NUMBER OF PASSENGERS (Regulation 4

(1)) EXCLUDED SPACES (Regulation 2

(5)) An asterisk (*) should be added to those spaces listed above which comprise both enclosed and excluded spaces. Number of passengers in cabins with not more than 8 berths ..................................... Number of other passengers ...................... MOULDED DRAUGHT (Regulation 4

(2)) Date and place of original measurements .......................................................................... Date and place of last previous re-measurement ................................................................ REMARKS: [ S.L.234.19 TONNAGE 21 FOURTH SCHEDULE Substituted by: L.N. 165 of 2021. CERTIFICATE OF SURVEY (TONNAGE MEASUREMENT) FOR MALTESE FISHING VESSELS OF 15 METRES LENGTH OVERALL TO LESS THAN 24 METRES LENGTH Issued under the provisions of the Merchant Shipping (Tonnage) Regulations under the authority of the Government of the Republic of Malta. Name of vessel Official number Port of Registry Where built When built Name and address of builders Number of decks Stern Stem Framework Build Number of bulkheads MAIN DIMENSIONS Length Overall Breadth Depth The tonnage of this vessel is: GROSS AND NET TONNAGE CERTIFIED EXTRACTS OF PARTICULARS SUPPLIED BY BUILDERS, OWNERS OR ENGINE MAKERS Number of sets of engines Description of engines When made KW Name and address of makers Number of cylinders in each set Number of shafts I, the undersigned Surveyor, having measured the above named vessel, hereby certify that the above particulars are true and that the tonnage has been ascertained in accordance with Part III of the Merchant Shipping (Tonnage) Regulations. I further declare that I am duly authorised by the Government of Malta to issue this certificate. Dated at this day of (place of survey) ............................................. Signature of Surveyor and Official Stamp 22 [ S.L.234.19 TONNAGE (Reverse side of Certificate) SPACES INCLUDED IN TONNAGE GROSS TONNAGE Name of Space Underdeck Location Length - - EXCLUDED SPACES (Regulation 2 and First Schedule of the Merchant Shipping (Tonnage) Regulations An asterisk (*) should be added to those spaces listed above which comprise both enclosed and excluded spaces. Date and place of last original measurement Date and place of last previous re-measurement REMARKS: [ S.L.234.19 TONNAGE 23 FIFTH SCHEDULE Substituted by: L.N. 165 of 2021. CERTIFICATE OF SURVEY (TONNAGE MEASUREMENT) FOR MALTESE SHIPS UNDER 24 METRES LENGTH, OTHER THAN FISHING VESSELS WITH OVERALL LENGTH EQUAL OR GREATER THAN 15 METRES Issued under the provisions of the Merchant Shipping (Tonnage) Regulations under the authority of the Government of the Republic of Malta. Before filling out this Certificate, surveyors are advised to see the instructions Name of ship Type of Ship and whether a dumb, sailing or motor ship. If motor ship how propelled Where built When built Name and address of builders Number of decks Number of mast Rigged Stem Stern Build Framework and description of ship Hull Length N u m b e r of Bulkheads Overall Length Breadth Depth Hull Identification Number TONNAGE CALCULATION overall length x overall length x breadth breadth x x depth depth x 0.16 = x 0.16 = Break, or breaks, if any, extending from side to side above line of deck ADD mean length x mean breadth x mean height x 0.35 = mean length x mean breadth x mean height x 0.35 = The tonnage of the ship, as detailed above is: GROSS AND NET TONNAGE CERTIFIED EXTRACTS OF PARTICULARS SUPPLIED BY BUILDERS, OWNERS OR ENGINE MAKERS Number of sets of engines Description of engines Power in kW Name and address of makers When made Number of cylinders Model & Serial Numbers Number of shafts 24 [ S.L.234.19 TONNAGE I, the undersigned Surveyor, having measured the above named vessel, hereby certify that the above particulars are true and that the tonnage has been ascertained in accordance with Part IV of the Merchant Shipping (Tonnage) Regulations. I further declare that I am duly authorised by the Government of Malta to issue this certificate. Dated at (place of survey) this day of ........................................... Signature of Surveyor and Official Stamp (Reverse side of Certificate) Great care is to be taken in completing the Certificate of Survey (Tonnage Measurement) and Surveyors should carefully note that no alterations are permitted on this Certificate and if mistakes are made, it is to be re-printed or re-written. The Surveyor should note the following when completing the Certificate of Survey (Tonnage Measurement): (

1. a)Under the heading "Type of Ship and whether a dumb, sailing or motor ship how propelled", the type of ship shall be mentioned (eg. Yacht, Fishing, Cargo, Tug, Passenger, etc.) and this shall be followed by the means of propulsion. If a permanent motor is fitted to a sailing ship the entry is to be "Sailing and Motor: Single Screw". In the case of a vessel provided with a portable outboard motor the correct entry is that applicable to the vessel without the motor, with a qualification "fitted with portable outboard motor" eg. "Dumb fitted with outboard motor" or "Sailing fitted with portable outboard motor". When the main propulsion is by engine the entry will be "Motor Ship, Single Screw", "Motor Ship, Twin Screw", as appropriate. (
2. b)Under the headings "Where Built" and "Name and Address of Builders" when the hull has been built in one shipyard and the vessel fitted out at another, both places should be shown under the headings, eg.: Where Built: Name and Address of Builders: Hull: Fitted Out: Hull: Fitted Out: Southampton Poole Boatyard Ltd, Southampton Yacht Fitters Ltd, Poole (
3. c)Under the heading "When Built" should be shown the year in which the ship was launched or entered the water for the first time or when it was completed, which is the earlier. (
4. d)The description under the heading "Rigged" should describe the arrangement eg. "Yawl", "Schooner", "Ketch", etc; if a ship is not designed for sailing, and is not rigged for that purpose "Not" is to be inserted. TONNAGE [ S.L.234.19 25 (
5. e)The description of the "Stem" should be "Straight", "Raked", "Clipper", etc., as appropriate. (
6. f)The description of the "Stern" should be "Counter", "Cruiser", "Transom", etc., as appropriate (
7. g)The description of the "Build" should indicate construction of the hull i.e. "Clencher" for in and out plating or planting or "Carvel" if flush; where there is a mixture then "Part Carvel/Part Clencher" should be entered. (
8. h)The entry as regards "Framework and description of ship" should describe the material of the hull and the type of ship; i.e. material should be shown as "Wood", "Steel, "Glass Reinforced Plastic", etc., as appropriate. (
9. i)The entry in respect of "Number of Bulkheads" should relate to the complete bulkheads bounding main compartments up to the deck level. If no complete bulkheads are fitted the entry should be "None". (
10. j)The particulars of outboard and inboard propelling engines should be completed. The "Description of engine" is to be kept as simple as possible and yet fulfill the function of accurately defining the type of engine fitted. In most ships, it will be sufficient to insert "Internal combustion engine". The entry in respect of Power shall be the combined maximum continuous power (MCR) of all propulsion engines/motors expressed in kilowatts (kW). The power of auxiliary engines/motors shall not be included. (
11. k)Where numbers are required to be inserted in respect of decks, masts, bulkheads, sets of engines, shafts and cylinders, these are to be written in words; numerals are not to be used. Only sail masts shall be included in the number of masts on board. (
12. l)The Hull Identification Number (HIN) or Craft Identification Number (CIN) shall indicate the vessel’s Hull No. or Builder’s No. For yachts, recreational craft and personal watercraft, the Hull Identification Number shall be in conformance to ISO 10087, as amended, or equivalent. (
13. m)The Hull Length and Overall Length shall be measured in accordance with the Vessel Measurement Guidelines issued by TM, as applicable to the specific type of vessel. (
14. n)For Yachts issued with a CE Declaration of Conformity, in conformance with the EU Recreational Craft Directive, the Hull Length LH shall be the length of hull mentioned on the CE Declaration of Conformity. (
15. o)For Yachts, in the event that the Hull Length LH (ISO 8666) < 24m whilst at the same time the Length* Art.2

(8)is ≥ 24m, then the Art.2

(8)Length* shall be considered as the regulatory length and this simplified tonnage calculation form shall not be utilised. (p) For vessels having a LoA > 24m the Length Art.2

(8)shall be mentioned in the remarks section of the COS. (*) - Length as defined in ICLL Art.2

(8).