L.S. 234.51 Regoli dwar Bastimenti Merkantili (Maritime Labour Convention)

(1)In these rules unless the context otherwise requires: ''the Act'' means the Merchant Shipping Act; "appropriate inspector" shall have the same meaning as assigned to it in article 154 of the Act; "armed robbery against ships" means any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters and territorial sea, or any act of inciting or of intentionally facilitating an act; "competent authority", in relation to Malta, means the RegistrarGeneral and, in relation to other States, means the national maritime administration maintained by those States; "Convention" means the Maritime Labour Convention signed in Geneva on the 7th February, 2006 including any amendment or Protocol related thereto as may from time to time be ratified, acceded to or accepted by the Government of Malta and other instruments, standards and specifications of a mandatory nature related thereto adopted or developed by the International Labour Organisation or in terms of rule 4; "Council Directive 2009/13/EC" means Council Directive 2009/ 13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC; " i n s p e c to r " m e a n s a p e r s o n a ut h o r is e d by t h e c o m p e t e nt authority or the maritime administration of another State to inspect the working and living conditions of seafarers in accordance with the Convention; "medical practitioner" means a duly qualified medical practitioner; ''medical stores'' includes medicines, medical equipment and antidotes; *see rule 1

(2)of these Rules, as originally promulgated. Citation. Interpretation. Amended by: L.N. 262 of 2013; L.N. 465 of

1. Cap.
2. 2 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) "piracy" means the same as the meaning assigned to it in the United Nations Convention on the Law of the Sea, 1982; "proper authority" means, if in Malta, any person appointed by the competent authority, or, if in a place outside Malta, a Maltese consular officer, or, if there is no such officer in that place, such officer as is authorised in that behalf by the Minister or other appropriate authority; "Registrar-General" shall have the same meaning as is assigned to it in the Act; "safe manning document" means a document prescribing the minimum safe manning considered necessary for the sufficient and efficient manning of the ship from the point of view of safety of life at sea and pollution prevention, issued, in the case of a Maltese ship by the Registrar-General, and in the case of any other ship, by or on behalf of the Government of the State whose flag the ship is entitled to fly; "seafarer" means any person who is employed or engaged or works in any capacity on board a ship, to which these rules apply, but excluding persons providing non-scheduled or ancillary services to a ship to assist it in its maritime voyage such as, inter alia, shore based engineers, bunker crew, pilots, members of the Armed Forces of Malta, or a member of the Civil Protection Department of Malta; "shipowner" or "owner" means the owner of the ship or another organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with these rules; "STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping signed in London on 7th July 1978.

(2)Unless otherwise defined in these rules or unless the context otherwise requires, words and expressions used in these rules sha ll have t he same me ani ng a s s ig ne d to t he m in t he Convention.

(3)In the Convention, any reference to "recognised organisation" shall, for the purposes of these rules, with reference to Malta and where the context so requires, be construed as a reference to a surveyor of ships or an organisation or body of surveyors appointed in terms of article 367 of the Act, and duly authorised by the Registrar-General.

(4)These rules shall be read and construed together with the Convention and Council Directive 2009/13/EC. PART I GENERAL Application. Amended by: L.N. 262 of 2013. 3.

(1)Subject to sub-rule

(2), these rules shall apply to all Maltese seagoing ships wherever they are and to all other ships while they are in Maltese ports as determined by the Convention MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 3 and to all seafarers serving onboard such ships.

(2)These rules shall not apply to: (

1. a)fishing vessels; (
2. b)ships of traditional build; (
3. c)"small ships" as defined in the Small Ships Regulations and that navigate exclusively in internal waters or waters closely adjacent to Malta; S.L.499.52 (
4. d)yachts in non commercial use; (
5. e)warships or naval auxiliaries: Provided that in case of doubt as to whether any categories of persons are to be regarded as seafarers, or as to whether any vessels are to be regarded as ships, the matter shall be determined by the Registrar-General after consultation with the shipowners’ and seafarers’ organisations concerned. 4. The Registrar-General may either on a case by case basis or through the issue of Merchant Shipping Notices - Power to make recommendations. (
6. a)determine, lay down, prescribe, set or specify what may be required to be determined, laid down, prescribed, set or specified by these rules or by the Convention, or expound on the requirements of these rules or of such Convention or clarify their applicability or interpretation; and (
7. b)extend any of the provisions of the Convention to other classes of Maltese ships, or to other classes of ships when they are in Maltese waters; and in so doing, and without prejudice to the generality of the foregoing, the Registrar-General shall be guided by the circulars, clarifications, codes, decisions, directives, guidelines, instruments, interpretations, manuals, notices, publications, recommendations, regulations, resolutions, rules or any other similar medium of the International Labour Organisation or any other body or organisation with an appropriate knowledge or competence on the subject matter. PART II EMPLOYMENT Minimum age 5. Subject to the provisions of this rule and notwithstanding the provisions of any other law, rule and order made or deemed to be made thereunder, no person under the age of sixteen years shall be employed on any Maltese ship. Employment of children and persons under sixteen years. 6.

(1)Notwithstanding the provisions of rule 4 of the Young Persons (Employment) Rules, and subject to sub-rule

(2), no seafarer under the age of eighteen years shall work at night. Night work. Amended by: L.N. 262 of 2013. S.L. 452.92.

(2)A seafarer aged sixteen years or seventeen years may work at night when: (a) the work forms part of an established programme of 4 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) training the effectiveness of which would be impaired by the prohibition in sub-rule

(1); or (b) the specific nature of the duty or a recognised training programme requires that the seafarers covered by the exception perform duties at night and the competent authority determines, after consultation with the shipowners’ and seafarers’ organisations concerned, that the work will not be detrimental to their health or well-being. Registration of seafarers under eighteen years of age who are members of the crew. 7.

(1)There shall be included with every crew list a register of all seafarers under the age of eighteen years who are members of the crew, together with particulars of the dates of their birth, and of the dates on which they become or cease to be members of the crew, and the register so kept shall at all times be open to inspection by any person having power to enforce compliance with the provisions of these rules.

(2)There shall be included in every crew list a short summary of the provisions of this rule and of rules 5 and 6. Medical Certificates Medical certificate. 8.

(1)Subject to the provisions of this rule, no person shall be employed in any capacity on any Maltese ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that the person is fit to be employed in that capacity.

(2)The provisions of sub-rule

(1)shall not apply to the employment of a person authorised to be so employed on the g r o u n d o f u rg e n c y b y t h e R e g i s t r a r- G e n e r a l , o r w h o i s i n possession of an expired medical certificate of recent date, but a seafarer granted such authorisation shall not be employed for more than a single voyage, which shall in no circumstances exceed three months. Medical examination. Amended by: L.N. 465 of 2020. 9.

(1)The medical examination required under these rules shall consist of a complete physical examination and shall have regard to the ILO/IMO publication entitled Guidelines on the medical examinations of seafarers, 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 Registrar-General.

(2)In any examination under these rules, due regard shall be had to the age of the seafarer to be examined and the nature of the duties to be performed on board the ship. Issue of medical certificate. Amended by: L.N. 262 of 2013. 10.

(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 authority and, subject to rule 9, if the medical practitioner considers that the applicant is fit, the practitioner shall issue the applicant with a medical certificate in terms of sub-rule

(2)and rule 11; and such certificate may be restricted to such capacity of sea service or g eographical areas a s the practitioner considers MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 5 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 (

1. a)that the hearing and sight of the seafarer examined and, in the case of a seafarer to be employed in the deck department (except for certain specialist personnel, whose fitness for the work which they are to perform is not liable to be affected by defective colour vision), his colour vision, are all satisfactory; and (
2. b)that the seafarer is not suffering from any medical condition likely to be aggravated by, or to render the seafarer unfit for, service at sea or likely to endanger the health of other persons on board. 11.

(1)Subject to sub-rules

(2)and

(3), a duly qualified medical practitioner who issues a medical certificate under rule 10 shall specify the period of validity, from the date of the medical examination, for which the certificate is to remain in force. Period of validity of medical certificate.

(2)Unless suspended or cancelled in terms of rule 13 and subject to sub-rule

(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 seafarer is under eighteen years o f ag e, t he m axim um period of vali dit y of a m edical certificate shall be one year: Provided further that if the health of the examined seafarer 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 or until the next port of call, whichever is the earliest, where the seafarer is to obtain a medical certificate from a qualified medical practitioner, provided that the period shall not exceed three months. 12. If a seafarer holding a valid medical certificate suffers a medical condition which precludes seafaring employment, such seafarer shall arrange for an additional medical examination in accordance with rule 9 as soon as practicable after diagnosis. Further medical examination. 13. If a qualified medical practitioner has reasonable grounds to believe that - Change in conditions relating to medical certificate. (

1. a)there has been a significant change in the medical fitness of a seafarer during the period of validity of the medical certificate; or (
2. b)had he been in possession of full details of the seafarer’s conditions when issuing the medical certificate, and having regard to the provisions of rule 6 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 9, would not have reasonably considered the seafarer fit to be issued with such certificate; or (
3. c)the medical certificate was issued otherwise than in accordance with these rules, the medical practitioner shall notify the seafarer concerned and may (
4. i)suspend the validity of that certificate until the seafarer has undergone a further medical examination; (
5. ii)suspend the certificate for such period as the medical practitioner considers the seafarer will remain unfit to go to sea; or (iii) cancel the certificate if the medical practitioner considers that the seafarer is likely to remain permanently unfit to go to sea. Application for a review. 14.

(1)A seafarer who is aggrieved by (

1. a)the refusal of a medical practitioner to issue him with a medical certificate, or (
2. b)any restriction imposed on such a certificate, or (
3. c)the suspension for a period of more than three months or cancellation of that certificate by a medical practitioner pursuant to rule 13, may apply to the Registrar-General for the matter to be reviewed by a single medical referee appointed by the Registrar-General.

(2)Any such application shall (

1. a)be lodged with the Registrar-General within one month of the date on which the seafarer is given notice of the refusal, imposition of a restriction, suspension, or cancellation (or such longer period as the RegistrarGeneral may determine if delay is caused by the seafarer’s employment on board a ship); and (
2. b)include a consent to the duly qualified medical practitioner responsible for the refusal, imposition of a restriction, suspension or cancellation to provide a report to the medical referee specifying the name and address of that practitioner.

(3)The medical referee to whom the matter is referred by the Registrar-General may obtain a report from the qualified medical practitioner by whom the applicant was examined and may examine the medical condition of the applicant. The medical referee shall, if the applicant so requests, disclose to the applicant the report of the qualified medical practitioner and any other evidence not produced by the applicant himself except that if the medical referee considers that such disclosure would be harmful to the applicant’s health the referee shall not be required to make such disclosure. The medical referee shall have regard to any relevant medical evidence, whether produced by the applicant, the employer, or otherwise, and whether or not disclosed as aforesaid. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51

(4)If the medical referee, in the light of the medical evidence available, considers that the applicant is fit, having regard to the provisions of rule 9, he shall issue the applicant with a medical certificate. Where the medical referee considers that restrictions as to capacity or geographical area other than those imposed on the medical certificate issued to the applicant should be imposed, or that any restrictions so imposed should be deleted or varied, the medical referee shall issue to the applicant a revised medical certificate and the former certificate shall thereupon cease to have effect. In any other case the medical referee shall notify the applicant of his decision. Any such action by the medical referee shall be taken not later than two months from the date on which the application for review is lodged with the Registrar-General (which date shall be notified to the medical referee by him) or within such longer period as the Registrar-General may determine. 15. Any certificate of medical and visual fitness for seafaring employment issued by a qualified medical practitioner to a seafarer in respect of a medical examination conducted before the date on which these rules come into force shall be deemed for the purposes of these rules to be equivalent to a medical certificate issued under these rules: Certificates’ equivalent. 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 rule 11 or for such shorter period as may be specified in the certificate. 16.

(1)Any medical certificate issued to a seafarer in accordance with the Medical Examination (Seafarers) Convention, 1946 (International Labour Organisation Convention No. 73 of 1946) or the Merchant Shipping (Minimum Standards) Convention, 1976 (International Labour Organisation Convention No. 147 of 1976) (

1. a)by an authority empowered in that behalf by the laws of a State outside Malta that has ratified the said Conventions; or (
2. b)by an approved authority empowered in that behalf by the laws of a State outside Malta, shall be deemed for the purposes of these rules to be equivalent to a medical certificate issued under these rules: 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 rule 11.

(2)A medical certificate issued in accordance with the medical standards of the STCW Convention, or a medical certificate meeting in substance the same requirements for seafarers not covered by the STCW Convention, shall be accepted as meeting the standards of these rules. Other medical certificates. 7 8 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) Recruitment and Placement Recruitment and placement services. Amended by: L.N. 262 of

2. Without prejudice to any other Act or rule governing services related to recruitment, the competent authority shall ensure that public and private seafarer recruitment and placement services be operated in an o rderly m anner t hat protect and prom ote seafarers’ employment rights. Compliance with Convention.
3. The Registrar-General shall, through the application of rule 4, ensure that recruitment services in Malta comply with the Convention. Owners of Maltese flagged ships. 19.

(1)Owners of Maltese flagged ships, who use seafarer recruitment and placement services based in countries or territories in which the Convention applies, shall ensure, as far as practicable, that those services meet the requirements of the Convention.

(2)Owners of Maltese flagged ships, who use seafarer recruitment and placement services based in countries or territories in which the Convention does not apply, shall ensure, as far as practicable, that those services meet the requirements of the Convention. System of protection. Added by: L.N. 26 of 2025. 19A. Shipowners and, or recruitment and placement services shall ensure that there is in place a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowners obligations under the seafarers’ employment agreement, and shall ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system. PART III CONDITIONS OF EMPLOYMENT Seafarers’ employment agreement Seafarer’s employment agreement. 20.

(1)The owner of every Maltese ship shall enter into an agreement (in these Rules called the "seafarer ’s employment agreement") with every seafarer in accordance with these rules stipulating the terms and conditions of his employment.

(2)If the shipowner carries any seafarer to sea without entering into a full and valid seafarer’s employment agreement, he shall for each offence be liable to a fine (multa) not exceeding five hundred units.

(3)A master may sign a seafarer’s employment agreement on behalf of the shipowner, and provide advice upon request on the same, but shall not be answerable for the shipowner for any deficiencies within the agreement, save for his duties to ensure the agreement is understood and signed by the seafarer. In default, the master shall be liable to a fine (multa) not exceeding fifty units. Form, period and conditions of employment agreements. 21.

(1)A seafarer’s employment agreement shall be dated at the time of the first signature thereof, and shall be signed by the shipowner before a seafarer signs his name. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51

(2)The seafarer’s employment agreement shall show the date and place at which it is made, the surname and other names of the seafarer, his birthplace, and his age or the date of his birth, and shall contain as terms thereof the following particulars: (

1. a)the name of the ship on board which the seafarer undertakes to serve; (
2. b)the owner’s name and address; (
3. c)if possible, the place and date at which each seafarer is to be on board or to begin work; (
4. d)the capacity in which each seafarer is to serve; (
5. e)the amount of wages the seafarer is to receive; (
6. f)the amount of paid annual leave or formula used for its calculation; (
7. g)the health and social security protection benefits to be provided to the seafarer by the owner; (
8. h)the seafarer’s entitlement to repatriation; (
9. i)reference to the collective bargaining agreement, when applicable; (
10. j)either the nature and, as far as is practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend; (
11. k)any rules as to the provisions to be provided for seafarers employed on Maltese ships; (
12. l)the termination of the agreement and the conditions thereof, including: (
13. i)if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer; (
14. ii)if the agreement has been made for a definite period, the date fixed for its expiry; and (iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged.

(3)Any termination to the seafarer’s employment agreement shall in no circumstances be shorter than seven days if notice of such termination is from the shipowner. Notice of termination from the seafarer may be less than seven days or without notice, if for compassionate or urgent reasons, as the Registrar-General may approve through Merchant Shipping Notices from time to time.

(4)Saving any other provision of these rules, a seafarer’s employment agreement shall be terminated by (

1. a)the mutual consent of the parties thereto; or 9 10 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (
2. b)the death of the seafarer; or (
3. c)the loss or total unseaworthiness of the ship; or (
4. d)the sale of the ship; or (
5. e)the expiration of time. Special provisions as to employment agreement. 22. The following provisions shall have effect with respect to a seafarer’s employment agreement: (
6. a)the agreement shall be signed by the shipowner and the seafarer; (
7. b)the shipowner, recruitment agency or master, as the case shall be, have the agreement read over and explained to the seafarer, or otherwise ascertain that the seafarer understands the same, before he signs it, and shall attest each signature; (
8. c)the employment agreement shall be signed in duplicate and one part shall be retained by the shipowner and the other by the seafarer. Terms not to be contrary to the provisions of these rules. 23. To the extent that any terms or conditions adopted by the parties to a seafarer’s employment agreement are contrary to the provisions of these rules such terms and conditions shall have no effect and the relevant provisions under these rules shall be deemed to apply. Copy of agreement to be accessible to crew. 24. The master shall, at the commencement of every voyage or engagement, ensure that clear information as to the conditions of employment can be easily obtained on board by each seafarer, and the seafarers’ employment agreement to be accessible to inspectors in accordance with these rules, and if he fails without reasonable cause to do so he shall for each offence be liable to a fine (multa) not exceeding ten units. Forgery, etc., of employment agreement. 25. If any person fraudulently alters, makes any false entry in, or delivers a false copy of a seafarer’s employment agreement, or assists in committing or procures to be committed any such offence, that person shall for each offence be liable to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine. Alterations in employment agreements. 26. Every erasure, interlineation, or alteration in any seafarer’s employment agreement shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in the erasure, interlineation or alteration by the written attestation of two witnesses. Seafarer’s record book. 27. Seafarers shall be given a seafarer’s record book of their employment onboard and shall not contain any statement as to the quality of the seafarer’s work or his wages. Use of English language. 28. Except where otherwise provided in the Act or these rules, all correspondence, documents, forms or other writings shall be in the English language if the ship is involved in international voyages: MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 11 Provided that a foreign language version of any document may be appended to the English language version thereof. 28A. A seafarer’s employment agreement shall continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, regardless of whether the date fixed for its expiry has passed or either party has given notice to suspend or terminate it. Seafarer held captive. Added by: L.N. 465 of 2020. Manning levels 29. For the purpose of rules 30 to 36, both inclusive, "appropriate certificate" means an appropriate certificate as defined in the Merchant Shipping (Training and Certification) Regulations. 30.

(1)Every owner of a Maltese ship shall ensure that (

1. a)every seafarer assigned to his ship holds an appropriate certificate in respect of any function the seafarer is to perform; Interpretation. S.L.234.17 Responsibilities of owners. (
2. b)documentation and data relevant to all seafarers employed on its ships are maintained and readily available for inspection and include, inter alia, documentation and data on their experience training, medical fitness and competency in assigned duties.

(2)Nothing in sub-rule

(1)shall prohibit the allocation of tasks for training under supervision or in case of force majeure. 31.

(1)The shipowner shall provide written instructions to the master setting out the policies and the procedures to be followed to ensure that all seafarers engaged on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating 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-rule

(1)shall include: (

1. a)allocation of a reasonable period of time during which the seafarer will have an opportunity to become acquainted with (
2. i)the specific equipment the seafarer will be operating; and (
3. ii)ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; (
4. b)designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seafarer to receive essential information in a language the seafarer understands.

(3)It shall be the duty of any master and any member of a crew Shipowner to provide written instructions to master. 12 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) designated with an obligation under sub-rule

(2)to carry out that obligation. Safe manning document. 32.

(1)It shall be the duty of the shipowner to ensure that in relation to every ship of 500 gross tonnage or more (

1. a)a safe manning document is in force in respect of the ship and the manning of the ship; (
2. b)the safe manning document is kept on board the ship at all times; (
3. c)the manning of the ship is maintained at all times to at least the levels specified in the safe manning document.

(2)The master of any ship to which these rules apply shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document.

(3)It shall be the duty of the shipowner applying for a safe manning document in respect of any Maltese ship to submit to the Registrar-General any information that may be required for the issue of such document.

(4)It shall be the duty of the shipowner after the issue of a safe manning document to inform the Registrar-General as soon as there is any change of the circumstances which are pertinent to that safe manning document.

(5)Notwithstanding the provisions of these rules and without prejudice to any other duties and responsibilities of the master and of the owner, it shall be the duty of the master and of the shipowner to ensure that from the point of view of safety of life at sea and pollution prevention, the ship is sufficiently and efficiently manned. Watchkeeping arrangements. 33.

(1)The master of any ship shall ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to Chapter VIII of Section A of the STCW Code.

(2)Without prejudice to the duties of the master provided by sub-rule

(1), the master shall give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with Part 3-1 of Section VIII/2 of the STCW Code and any requirements specified by the Registrar-General.

(3)The chief engineer officer of any ship shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch in accordance with Part 3-2 of Section A-VIII/2 of the STCW Code, and when deciding the composition of the watch the chief engineer officer shall observe the principles set out in Part 3-2 of that section and the requirements specified by the Registrar-General. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 13 34. The master of any ship which is safely moored or safely at anchor under normal circumstances in port shall arrange for an appropriate and effective watch to be maintained for the purposes of safety. Such arrangements shall be in accordance with Part 4 of Section A-VIII/2 of the STCW Code and any operational guidance specified by the Registrar-General. Watchkeeping arrangements in ports. 35. The master of any ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall, in addition to any watchkeeping arrangements required under rule 34, in the case of - Watchkeeping arrangements in port for ships carrying hazardous cargo. (

1. a)a ship carrying hazardous cargo in bulk ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers, and where appropriate ratings; and (
2. b)a ship carrying hazardous cargo other than in bulk, ensure that in organising safe watchkeeping arrangements account is taken of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore. 36. It shall be the duty of the master to ensure that a ship with a total number of crew and passengers exceeding one hundred persons engaged on an international voyage of more than three days, carries onboard as part of its safe manning a medical practitioner responsible for the medical care of the persons on board. Ship to carry medical practitioner. Hours of work and rest 37. For the purpose of rules 38 to 46, both inclusive - Interpretation. "employment", in relation to a seafarer, means employment under his seafarer’s employment agreement, and "employed" shall be construed accordingly; "hours of rest" means time outside hours of work and does not include short breaks; "hours of work" means time during which a seafarer is required to do work on account of the ship; "night" means a period (
3. a)the duration of which is not less than nine consecutive hours; and (
4. b)which includes the period between midnight and 5a.m.; "relevant requirements" means the requirements of rules 38, 41, 42

(3), 43 and

2. Without prejudice to rule 42, it shall be the duty of an employer of a seafarer and a master of a ship to ensure that a seafarer is provided with at least the minimum hours of rest. Master of ship to ensure seafarer’s minimum hours of rest. 39.

(1)Without prejudice to rules 40 and 42, the minimum hours of rest shall be not less than - Minimum hours of rest. 14 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (a) ten hours in any 24-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 in length, 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 disturbances of rest periods and do not induce fatigue.

(4)A seafarer who is on call shall have adequate compensatory rest period if his normal period of rest is disturbed by call-outs of work. Minimum hours of rest: further provision. Amended by: L.N. 262 of 2013. 40.

(1)The Registrar-General may authorise collective agreements permitting exceptions to the limits in rule 39

(1)and

(2)b u t s ha l l h a v e d u e r e ga r d f o r th e g e ne r a l p r in c ip l e s o f t he protection of the health and safety of seafarers.

(2)In the absence of any collective agreement or arbitration award or if the competent authority determines that the provisions in the agreement or award in respect of rule 39

(3)and

(4)are inadequate, the Registrar-General shall determine such provisions to ensure the seafarers concerned have sufficient rest. Posting-up of table. 41.

(1)The master of a ship, or a seafarer authorised by the master, shall ensure that a table with the shipboard working arrangements complying with sub-rules

(2)and

(3)is posted up in a prominent and accessible place in the ship.

(2)A table under sub-rule

(1)shall contain for every position at least: (

1. a)the schedule of service at sea and service in port; and (
2. b)the minimum hours of rest as required by these rules or any collective agreements in force.

(3)A table under sub-rule

(1)shall be in the format appearing in the First Schedule and shall be in English and in the working language of the ship if that is not English. Exception for emergencies. 42.

(1)The master of a ship may require a seafarer to work any hours of work necessary for the immediate safety of the ship, persons on board ship or cargo or for the purpose of giving assistance to another ship or to a person in distress at sea.

(2)For the purposes of sub-rule

(1), the master may suspend the hours of rest scheduled in the table under rule 41 and require a seafarer 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 r e s t or e d t h e m a s t e r s ha ll e n s u r e t h a t a n y s e a f a re r w h o h a s performed work in a rest period scheduled in the table under subrule

(1)is provided with an adequate rest period. Records. 43.

(1)A record of a seafarer’s daily hours of rest shall be MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 15 maintained by the master or a person authorised by the master.

(2)The record kept under sub-rule

(1)shall (

1. a)be in the format appearing in the Second Schedule; (
2. b)be in English and in the working language of the ship if that is not English; (
3. c)be completed monthly in arrears; (
4. d)reflect all deviations from the scheduled hours of rest as per the provisions of rule 42; (
5. e)be endorsed by the master or a person authorised by the master, and by the seafarer in question, and a copy thereof shall be given to the seafarer by the master or the person authorised by the master; (
6. f)be kept for a period of two years and shall be available for inspection and endorsement by the RegistrarGeneral or an inspector.

(3)The company and the master shall ensure that a copy of these rules and any collective agreements referred to under rule 40 are carried at all times on board the ship and are easily accessible to the seafarers on board. 44.

(1)Seafarers under the age of eighteen years shall: Young persons. (

1. a)not work more than eight hours per day and forty hours per week; (
2. b)be provided sufficient time allowing for all meals, and a break of at least one hour for the main meal of the day; (
3. 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-rule

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

1. a)the provisions of rule 42 are applied; (
2. b)the work forms part of an established programme of training the effectiveness of which would be impaired by the prohibition in sub-rule

(1); (c) they are impracticable when assigned watchkeeping duties in the deck, engine room and catering departments or working in a rostered shift-work system.

(3)All instances under sub-rule

(2)shall be recorded, with reason and signed by the master. 45. Where (

1. a)a medical practitioner has certified that a seafarer engaged on watchkeeping duties is suffering from health problems which the practitioner considers to be due to the fact that the seafarer performs night work, and Health assessment and transfer of seafarers on watchkeeping duties to day work. 16 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 (
2. b)it is possible for the employer to transfer the seafarer to work (
3. i)to which the seafarer is suited, and (
4. ii)which is to be undertaken during periods such that the seafarer will cease to perform night work, the seafarer shall be transferred accordingly. Power to require information. 46. An owner shall provide the Registrar-General with such information on watch-keepers and other seafarers working at night as may be specified by the Registrar-General. Entitlement to annual leave Entitlement to annual leave. 47.

(1)Subject to sub-rule

(3), the annual paid leave of a seafarer shall be calculated on the basis of a minimum of 2.5 c a l e n d a r d a y s p e r m o n t h o f e m p l o y m e n t a n d p ro r a t a f o r incomplete months.

(2)For the purposes of this rule, a seafarer’s leave year begins: (

1. a)on such date during the calendar year as may be agreed in writing by the employer and the seafarer; or (
2. b)in absence of such agreement (
3. i)if the seafarer’s employment began on or before the coming into force of this rule, on that date and each subsequent anniversary of that date; or (
4. ii)if the seafarer’s employment begins after the coming into force of this rule, on the date on which that employment begins and each subsequent anniversary of that date.

(3)Where by virtue of sub-rule

(2)the period of leave to which a seafarer is entitled is or includes a proportion of a week, the proportion shall be determined in days and any fraction of a day shall be treated as a whole day.

(4)Any agreement to forgo the minimum annual leave with pay prescribed in these rules, except were the seafarer’s employment is terminated, shall be prohibited.

(5)Justified absences from work shall not be considered as annual leave. Entitlements under other provisions.

1. Where during any period a seafarer is entitled to hours of rest or annual leave both under a provision of these rules 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. Right to wages Provision for minimum wage. Substituted by: L.N. 465 of
3. Without prejudice to collective bargaining agreements, it shall be the duty of an employer of a seafarer and an owner of a ship to ensure that a seafarer is not paid less than the determined minimum basic wage. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) 50.

(1)[ S.L.234.51 For the purpose of this rule, the term: "able seaman" means a person in possession of a certificate as A.B. issued or recognised under the Merchant Shipping (Training and Certification) Regulations; 17 Remuneration. Amended by: L.N. 262 of 2013. S.L. 234.17 ''basic pay'' or ''wages'' means the pay, however composed, for normal hours of work but not including overtime worked, bonuses, allowances, paid leave or any other additional remuneration; ''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; ''overtime'' means time worked in excess of the normal hours of work.

(2)Seafarers whose remuneration compensation for overtime worked - includes separate (

1. a)for the purpose of calculating wages, the normal hours of work at sea and in port shall not exceed eight hours per day; (
2. b)without prejudice to more favourable collective bargaining agreements, for the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages shall not exceed forty-eight hours per week; (
3. c)the rate or rates of compensation for overtime, shall be not less than one and one-quarter times the basic pay or wages per hour, (
4. d)records of all overtime worked shall be maintained by the master, or a person assigned by the master, and endorsed by the seafarer at no greater than monthly intervals.

(3)Seafarers whose wages are fully or partially consolidated are to have specified in the seafarer’s employment agreement the number of hours of work expected of the seafarer in return for such remuneration, and any additional allowances which might be due in addition to the consolidated wage, and in which circumstances.

(4)When hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate shall be not less than one and one-quarter times the basic rate corresponding to the normal hours of work as defined in sub-rule

(2)(c).

(5)For seafarers whose wages are partially consolidated, records of all overtime worked shall be maintained and endorsed as provided for in sub-rule

(2)(d).

1. The Registrar-General shall, through the issue of Merchant Shipping Notices, determine the minimum basic wage for a calendar month of service for an able seamen or the equivalent thereof in the specific currency stated in the seafarer’s employment agreement, and in so doing, the Registrar-General shall be guided by the amount periodically set by the Joint Maritime Commission Minimum wage. 18 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) or another body authorised by the Governing Body of the International Labour Organisation. When right to wages begins.
2. A seafarer’s right to wages and provisions shall be taken to begin at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever happens first. Right to recover wages and salvage not to be forfeited. 53.

(1)A seafarer shall not by any agreement forfeit his rights on the ship, or be deprived of any remedy for the recovery of his wages, to which in the absence of the agreement he would be entitled, and shall not by any agreement abandon his right to wages in case of the loss of the ship, or abandon any right that he may have or obtain in the nature of salvage; and every stipulation in any agreement inconsistent with any provision of these rules shall be void.

(2)Nothing in this rule shall apply to a stipulation made by the seafarer belonging to any ship which, according to the terms of the agreement, is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by that ship to any other ship. Wages not to depend on freight. Substituted by: L.N. 26 of

2. The right to wages shall not depend on the earning of freight, and every seafarer shall be entitled to demand and recover any wages notwithstanding that freight has not been earned. Termination of service by wreck or loss of ship. 55.

(1)Where by reason of the wreck or loss of the ship on which a seafarer is employed his service terminates before the date contemplated in the agreement, he shall, subject to the provisions of this rule, be entitled, in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service, to receive wages at the rate to which he was entitled at that date.

(2)A seafarer shall not be entitled to receive wages under this rule if the owner shows that the unemployment was not due to the wreck or loss of the ship, and shall not be entitled to receive wages under this rule in respect of any day if the owner shows that the seafarer was able to obtain suitable employment on that day. Termination of service by illness, etc.

1. Where the service of a seafarer terminates before the date contemplated in the seafarer’s employment agreement by reason of his being left on shore at any place abroad under a certificate granted as provided by these rules of his unfitness or inability to proceed on the voyage, he shall be entitled to wages up to the time of such termination, but not for any longer period. Wages not to accrue during refusal to work or imprisonment.
2. A seafarer shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work, when required, whether before or after the time fixed by the agreement for his commencement of such work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him. Forfeiture of wages when illness caused by own fault.
3. When a seafarer is by reason of illness incapable of performing his duty and it is proved that the illness has been caused by his own wilful act or default, he shall not be entitled to wages MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 19 for the time during which he is by reason of the illness incapable of performing his duty.
4. If a seafarer, having signed a seafarer’s employment agreement, is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage or before one month’s wages are earned, without fault on his part justifying that discharge, and without his consent, he shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for any damage caused to him by t h e d i s c h a rg e n o t e x c e e d i n g o n e m o n t h ’s w a g e s , a n d t h a t compensation shall be treated as if it were wages duly earned. Compensation to seafarer improperly discharged.
5. As respects wages due or accruing to a seafarer to the sea service - Restriction on assignment of, and charge upon, wages. (a) they shall not be subject to a garnishee order in accordance with but subject to the provisions of article 382 of the Code of Organization and Civil Procedure; Cap.
6. (b) any assignment thereof made prior to the accruing thereof shall not bind the person making the same; (c) any authority for the receipt thereof shall not be irrevocable; (d) a payment of wages to the seafarer shall be valid notwithstanding any previous assignment of those wages. Payment of wages
7. All wages to which a seafarer may be entitled, subject to deductions made in accordance with these rules, shall be paid at intervals no greater than one month; and in the event of a seafarer’s wages or any part thereof not being so paid or settled, then, unless the delay is due to the act or default of the seafarer or to any reasonable dispute as to liability or to any other cause not being the wrongful act or default of the owner or master, the seafarer’s wages shall continue to run and be payable until the time of the final settlement thereof. Time of payment of wages. 62.

(1)The master of every Maltese ship shall, before paying off or discharging any seafarer, deliver on a monthly basis a full and true account of the seafarer’s wages and of all deductions to be made therefrom on any account whatsoever. Master to deliver account of wages.

(2)The said account shall be delivered not less than twentyfour hours before his discharge or payment off.

(3)The said account shall indicate the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to.

(4)If the owner fails without reasonable cause to comply with this rule, he shall for each offence be liable to a fine (multa) not exceeding twenty units. 63. Wages shall be paid in legal tender whenever possible, paid by bank transfer, bank cheque, postal cheque or money order or directly to a seafarer’s designated bank account unless the seafarer Wages to be paid in legal tender whenever possible. 20 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) requests otherwise in writing. Provision of means to transfer earnings. 64.

(1)Shipowners shall provide seafarers with a means to transmit all or part of their earnings to their families or dependents or legal beneficiaries. This will be done by, but not limited to (

1. a)a system for enabling seafarers, at the time of commencement or during their employment, to allot a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar means; and (
2. b)a requirement that allotments shall be remitted in due time and directly to the person or persons nominated by the seafarers.

(2)Any charges for the services under sub-rule

(1)shall be reasonable in amount and agreed to in accordance with rule 62 and the rate of exchange shall be at the prevailing market rate during the periodical payments, or any other agreement not unfavourable to the seafarer. Deductions from wages and book to be kept for that purpose. 65.

(1)A deduction from the wages of a seafarer shall not be allowed unless it is included in the account delivered in pursuance of rule 62, except in respect of a matter happening after the delivery.

(2)The master shall during the voyage enter the various matters in respect of which the deductions are made, with the amounts of the respective deductions, as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or question relating to that payment. Notice of disrating of seafarer. 66.

(1)Where the master of a Maltese ship disrates a seafarer he shall forthwith enter or cause to be entered in the official log book a statement of the disrating, and furnish the seafarer with a copy of the entry; and any reduction of wages consequent on the disrating shall not take effect until the entry has been so made and the copy so furnished.

(2)Any reduction of wages consequent on the disrating of a seafarer shall be deemed to be a deduction from wages within the meaning of rules 62 and 65 and treated accordingly. Rate of exchange.

1. Where a seafarer has agreed with the owner for payment of his wages in a specific currency, any payment of or on account of his wages, if made in any other currency than that stated in the agreement, shall, notwithstanding anything in the agreement, be made at the rate of exchange for the money stated in the agreement for the time being current at the place where the payment is made. Wages shall continue to be paid. Added by: L.N. 465 of
2. 67A. Where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, wages and other entitlements under the seafarers’ employment agreement or relevant collective bargaining agreement, including the remittance of any allotments as provided in rule 64

(1), shall continue to be paid during MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 21 the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death. Discharge and repatriation of seafarers 68. When a seafarer serving on a Maltese ship is discharged on the termination of his engagement, he shall be discharged in the manner provided by these rules: Discharge. Provided that this rule shall not apply where the seafarer is proceeding on temporary leave while remaining in the service of the owner of the ship. 69.

(1)The master of a Maltese ship shall sign and give to a seafarer discharged from his ship at any place, either on his discharge or on payment of his wages, a certificate of his discharge in a form approved by the Registrar-General, specifying the period of his service and the time and place of his discharge, and if the master fails to do so he shall for each offence be liable to a fine (multa) not exceeding ten units. Certificate of discharge and return of certificates of competency.

(2)The master shall also, upon the discharge of every certificated officer whose certificate of competency has been delivered to and retained by him, return the certificate to the officer, and if without reasonable cause he fails to do so he shall for each offence be liable to a fine (multa) not exceeding twenty units. 70. If any person (

1. a)makes a false report of character under these rules, knowing the same to be false; or False or forged certificate of discharge or report of character. (
2. b)forges or fraudulently alters any certificate of discharge or report of character or copy of a report of character; or (
3. c)assists in committing, or procures to be committed, any of such offences as aforesaid; or (
4. d)fraudulently uses any certificate of discharge or report of character or copy of a report of character which is false or altered or does not belong to him, he shall for each offence be liable to imprisonment for a period not exceeding two years or to a fine (multa) not exceeding five hundred units or to both such imprisonment and fine. 71.

(1)Where a Maltese ship is transferred or disposed of, any seafarer belonging to that ship shall be discharged unless he consents in writing to complete the voyage of the ship if it is continued.

(2)Where a seafarer is discharged under this rule, the provisions of these rules as to the certificate of discharge and the return of the seafarer to a proper return port shall apply as if his service had terminated otherwise than by his consent to be discharged during the currency of the agreement. Discharge of seafarer on change of ownership. 22 [ S.L.234.51 Owner responsible for return of seafarer left behind at a port other than the port of engagement. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) 72.

(1)Except as hereinafter provided, every seafarer’s employment agreement shall pr ovide that if the agree me nt terminates at a port other than the port of engagement (whether by effluxion of time, or by any act of the parties, or by shipwreck or sale of the ship, or by the inability of the seafarer to proceed on the ship by reason of sickness or injury or any other cause whatsoever), he is ret urned t o a proper return port at the expense of the shipowner who shall make such arrangements as may be necessary and pay all expenses incurred for the return of such seafarer and such liability shall include the cost of any maintenance and medical treatment which is necessary for the seafarer until his arrival at a proper return port, and such seafarer shall not become a charge upon the Government of Malta.

(2)A seafarer who has been left behind or discharged from his ship as a result of his desertion, or his imprisonment, or his inability to proceed on the ship owing to sickness or infirmity wilfully concealed at the time of the engagement, shall not be entitled to be returned at the expense of the shipowner under subrule

(1)but the shipowner shall make all arrangements necessary and pay all expenses incurred for the return of the seafarer to a proper return port as if he was so entitled, and the shipowner may be reimbursed his expenses out of any wages owing to the seafarer at the time he left the ship or out of the proceeds from the sale of any of his effects left on board or, if this should not prove sufficient by ordinary process of law, but such seafarer shall not become a charge upon the Government of Malta.

(3)A registrar or a Maltese consular officer may demand a guarantee from the shipowner from which a seafarer is to be d i s c h a rg e d o r l e f t b e h i n d , f o r t h e p r o p e r d i s c h a rg e o f a n y obligations imposed by this rule, and if this is refused he may withhold his consent to the discharge.

(4)Where a seafarer becomes eligible to receive, and receives, medical aid or periodical payments at the expense of his employer under the terms of any law providing for compensation to injured or sick workmen, such receipt shall be in full or part payment, as the case may be, of the entitlement under this rule and not in addition thereto.

(5)This rule shall apply in respect of all ships making call to Malta. Grounds for repatriation. 73.

(1)A seafarer shall be entitled to repatriation at the cost of the owner if he has served the maximum duration of service periods on board, such periods being of less than twelve months, or at the expense of any third party exercising an executive title against the ship or its shipowner should such shipowner default in hi s obligations toward the seafarer with regard to repatriation and other expenses owed to the seafarer following the exercise of the executive title

(2)The provisions of this rule are without prejudice to any further action that the seafarer may take under the laws of Malta. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 74.

(1)Where the service of a seafarer terminates otherwise than by his consent to be discharged during the currency of the ag reem ent, t he master of t he shi p sh all , besides giving t he certificate of discharge required under this rule and besides paying the wages to wh ich the seafarer is en titled, m ak e ad eq uate provision in accordance with this rule for his maintenance and for his return to a proper return port. 23 Repatriation of seafarers on termination of service at foreign port.

(2)If the master fails, without reasonable cause, to comply with this rule, the expenses of maintenance and of the journey to the proper return port (

1. a)if paid by the seafarer, shall be recoverable as wages due to him; (
2. b)if paid by any such seafarer as aforesaid or by any other person, shall (unless the seafarer has been guilty of barratry) be a charge on the ship to which the seafarer belonged, and may also be recovered against the owner of the ship, at the suit of the person who paid the expenses, or, in case they have been allowed out of public money, as a debt due to the Government of Malta. 74A.

(1)A seafarer shall be deemed to have been abandoned where, in violation of the requirements of these rules or the terms of the seafarers’ employment agreement, the shipowner: (

1. a)fails to cover the cost of the seafarer’s repatriation; or (
2. b)has left the seafarer without the necessary maintenance and support; or (
3. c)has otherwise unilaterally severed his ties with the seafarer including failure to pay contractual wages for a period of at least two months.

(2)All ships to which these rules apply shall carry on board a certificate or other documentary evidence of financial security issued by a financial security provider. A copy shall be posted in a conspicuous place on board where it is available to the seafarers. Where more than one financial security provider provides cover, the document provided by each provider shall be carried on board.

(3)Assistance provided by the financial security system shall be sufficient to cover the following: (

1. a)outstanding wages and other entitlements due from the shipowner to the seafarer under their employment agreement, the relevant collective bargaining agreement or these rules, limited to four months of any such outstanding wages and four months of any such outstanding entitlements; (
2. b)all expenses reasonably incurred by the seafarer, including the cost of repatriation referred to in subrule

(4); and (c) the essential needs of the seafarer including such items as: adequate food, clothing where necessary, accommodation, drinking water supplies, essential fuel Financial security. Added by: L.N. 390 of 2016. 24 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer’s arrival at home.

(4)The cost of repatriation shall cover travel by appropriate and expeditious means, normally by air, and include provision for food and accommodation of the seafarer from the time of leaving the ship until arrival at the seafarer’s home, necessary medical care, passage and transport of personal effects and any other reasonable costs or charges arising from the abandonment.

(5)The financial security shall not cease before the end of the period of validity of the financial security unless the financial security provider has given prior notification of at least 30 days to the Registrar General.

(6)If the provider of insurance or other financial security has made any payment to any seafarer in accordance with this rule, such provider shall, up to the amount it has paid and in accordance with the applicable law, acquire by subrogation, assignment or otherwise, the rights which the seafarer would have enjoyed.

(7)Nothing in this rule shall prejudice any right of recourse of the insurer or provider of financial security against third parties. Deceased and distressed seafarers Persons entitled to relief, etc. 75.

(1)For the purpose of rules 76 to 85, both inclusive, persons hereinafter referred to as "distressed seafarers" are: (

1. a)any seafarer, whether a citizen of Malta or not, who is found in any place and who has been shipwrecked from a Maltese ship or, by reason of having been discharged or left behind from any such ship, is in distress in that place; (
2. b)any seafarer, being a citizen of Malta, who has been engaged to serve in a ship belonging to the Government of, or registered in, any foreign State, is in distress in any place: Provided that the relevant authority shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through the territorial or internal waters of Malta as well as their replacement on board.

(2)If three months have elapsed since a seafarer left his last ship before he applies to the proper authority for relief, he shall not be entitled to be dealt with under these rules.

(3)In case of shipwreck or foundering, the date on which each seafarer will be entitled to relief may vary according to the time when he ceases to be employed in connection with the abandoned ship. Provisions as to taking distressed seafarers on ships. 76.

(1)Where a distressed seafarer is, for the purposes of his return to a proper return port, placed on board a Maltese ship, the master shall endorse on the seafarer ’s employment agreement, MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 25 specifying the date in which he embarks, the name and port of registry of the ship on which the seafarer was last engaged, the port to which the seafarer is entitled to be conveyed, together with any particulars directed to be endorsed by the distressed seafarer.

(2)The master of every Maltese ship shall receive on board his ship, and afford a passage and maintenance to, all distressed seafarers whom he is required under these rules to take on board his ship, not exceeding one for every fifty net tons, and shall during the passage provide every such distressed seafarer with a proper berth or sleeping place, effectually protected against sea and weather. 77.

(1)Distressed seafarers are to be relieved and maintained upon the most reasonable terms possible but only until arrangements are made for their return to a proper return port, and such arrangements are carried into effect. Nature and period of relief, etc.

(2)Distressed seafarers may, where necessary, be provided with medical advice and treatment and supplied with clothing but in no greater quantity than is absolutely required, and the clothing supplied shall be of the quality the seafarers would normally wear.

(3)The relief and maintenance of a seafarer under these rules shall continue for as long as is considered necessary by the proper authority but, in every case in which relief is continued for more than one month, a special report of the circumstances shall be furnished by the proper authority to the Registrar-General. 78.

(1)On arrival at the port to which a seafarer has been so conveyed, the master shall produce to the proper authority at that port a certificate, signed by the proper authority originally making arrangements for the distressed seafarer’s return to a proper return port, specifying the number and names of distressed seafarers placed on board and the time when each of them was received on board. Certificate and declaration for rates of passage.

(2)On the production of the certificate referred to in sub-rule

(1), and of a declaration made by the master before any official authorised to administer oaths, stating the number of days during which each distressed seafarer had received maintenance, and stating the full complement of his crew and the actual number of seafarers employed on board his ship, and any variation in that number, whilst the distressed seafarers received maintenance, the master shall be entitled to be paid against receipt from the proper authority, in respect of the maintenance and passage of every seafarer so conveyed, maintained and provided for by him in excess of the number, if any, wanted to make up the compliment of the crew, an allowance at the rate of four euro and sixty-six cents (€4.66) per day for every day (including part of a day) on which that seafarer was on board the ship.

1. If any master of a Maltese ship fails without reasonable cause to comply with rules 76, 77 and 78 in the case of any distressed seafarer, he shall for each offence be liable to a fine (multa) not exceeding one hundred units.
2. Whenever a ship with distressed seafarers on board, who Fine for noncompliance. Rescued seafarers. 26 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) have been rescued or picked up at sea, arrives at a port, the proper authority may pay the master of the ship for their subsistence an allowance at the rate set out in rule
3. Seafarers mentally deranged. 81.

(1)In order to provide for the passage, to a proper return port, of a distressed seafarer suffering from mental derangement, the proper authority, with the object of ensuring that requisite care and attendance shall be given to such seafarer during the voyage, may make a special arrangement with the master and agree to pay, if necessary, such sum for the passage, in addition to the allowance at the rate set out in rule 78, as may appear fair and reasonable under the circumstances.

(2)A copy of the agreement so entered into shall in every case be forwarded to the Registrar-General as soon as possible, and also in any case where it is desirable to send the seafarer to a foreign port, to the proper authority at that port.

(3)In the case of a seafarer arriving under such circumstances at a port, the proper authority at that port may, in addition to the allowance at the rate set out in rule 78, pay to the master the amount of the extra passage money on production of such an agreement and upon being satisfied that the seafarer has received the special care and attendance agreed to. An immediate notice of such a payment, together with the original agreement and the receipt of the master for the passage money, shall be sent to the Registrar-General. Certain cases of illness. 82. In the case of a seafarer discharged or left behind suffering from any illness due to his own wilful act or default or to his own misbehaviour, who is to be dealt with under these rules, the expense of providing necessary surgical and medical advice and attendance and medicines, as well as the expenses of the maintenance of the said seafarer until he is cured, or dies, or is returned to a proper return port, and of his conveyance to such port, and in the case of death the expenses, if any, of his burial, shall be met as far as possible out of his wages. Return of distressed seamen. 83.

(1)A seafarer, distressed or otherwise, shall be sent to a proper return port by any reasonable route.

(2)Provision may be made for the return of a seafarer, if he is fit to work, by providing him with suitable employment on board a ship, proceeding to a proper return port, which is in want of personnel to make up its complement, or, if that is not practicable, by providing him with a passage by aircraft, ship, train or other mode of transport, or, with the money for his passage and, as to any part of the route which is by land, by paying the expenses of his journey and of his maintenance during the journey, or providing him with the means to pay those expenses.

(3)Where the master of a ship is required by these rules to provide for the return of a discharged seafarer to a proper return port, the master may, instead of providing the passage or the expenses of his journey, or of providing him with the means to pay his passage or those expenses, deposit with the officer whose sanction or certificate is required under these rules such sum as that MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 officer considers sufficient to pay the expenses of the return of the seafarer to a proper return port.

(4)Whilst a distressed seafarer is in transit to a proper return port, the proper authority at any place at which that seafarer may be, may pay on behalf of the authority originally making arrangements for the distressed seafarer’s return to a proper return port, any expenses on account of that seafarer which the authority originally acting in respect of such seafarer could pay.

(5)Where a seafarer is repatriated as a member of a crew, he shall be entitled to the appropriate remuneration for work done during the voyage.

(6)If any question arises as to what return port a seafarer is to be sent in any case, or as to the route by which he should be sent, that question shall be decided by the officer aforesaid, and in deciding any question under this provision, that officer shall have regard both to the convenience of the seafarer and to the expenses involved and also, where that is the case, to the fact that a ship which is in want of seafarers to make up its complement is about to proceed to a proper return port or to a port in the vicinity thereof; but nothing in this rule shall relieve the owner from the obligation and expense of returning the seafarer to his proper return port. 84.

(1)Where any expenses (other than excluded expenses as defined by this rule) are incurred by or on behalf of the Government of Malta, or are incurred by the government or authority of a foreign State and are repaid or repayable to that government by or on behalf of the Government of Malta, on account of a distressed seafarer, either for his maintenance, necessary clothing, conveyance to a proper return port or, in case of death, for his burial, or otherwise in accordance with these rules, those expenses (together with the wages, if any, due to the seafarer) shall be a charge upon the ship, whether Maltese or foreign, to which the distressed seafarer belonged, and shall be recoverable as a debt due to the Government of Malta from the master of the ship or from the owner of the ship for the time being or, where the ship has been lost, from the person who was the owner of the ship at the time of the loss or, where the ship has been transferred to some person not being a Maltese citizen or not being a body corporate established under the laws of Malta, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, and also, if the ship is a foreign ship, from the owner who engaged the seafarer for service in the ship.

(2)In any proceedings for such recovery, a certificate of the expenses signed by the person, authority or government paying the expenses together with such vouchers (if any) as the case requires, shall be sufficient proof that the said expenses were duly paid.

(3)For the purposes of this rule, "excluded expenses" are expenses incurred in cases where the certificate obtained under these rules on leaving a seafarer behind stipulates, or the RegistrarGeneral is otherwise satisfied, that the cause of the seafarer being left behind is desertion, disappearance, imprisonment for misconduct or discharge from his ship by a competent court on the Recovery of expenses by Government. 27 28 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) ground of misconduct, and expenses incurred on account of the return to the proper port of a distressed seafarer who has been d i s c h a rge d a t t h e p or t at wh i c h h e wa s sh i pp e d o r a t s om e neighbouring port. Expenses to be a charge on the Consolidated Fund.

1. Saving the provisions of rule 82, all expenses incurred and payments made by the proper authority under the provisions of these rules shall be a charge on the Consolidated Fund. PART IV ACCOMMODATION AND STORES Accommodation Interpretation. Amended by: L.N. 390 of
3. For the purposes of this Part of the rules: "certifying authority" means any person authorised by the Minister and includes a surveyor of ships appointed in terms of article 367 of the Act and organisations or bodies of surveyors authorised by the Minister in that behalf; "crew accommodation" includes such sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation and recreation accommodation as are provided for the use of the crew; "existing ship" means a ship that is not a new ship; "new ship" means a ship the keel of which is laid or which is at a similar stage of construction on or after the entry into force of these rules; "similar stage of construction" means the stage at which: (a) construction identifiable with a specific ship begins; and (b) assembly of that ship has commenced comprising at least 50 tonnes or one percent of the estimated mass of all structural material whichever is the less. Accommodation 87.

(1)The ship’s crew shall be provided with accommodation, including hospital accommodation, in accordance with the provisions of these rules and related Schedules.

(2)Unless expressly provided otherwise, any requirement under an amendment to these rules and Schedules relating to the provisions of seafarers’ accommodation and recreational facilities shall apply only to ships constructed on or after the amendment takes effect. Plans of ship. 88.

(1)Every person to whose order a ship to which these rules apply is being constructed shall: (

1. a)before the construction of the ship commences, submit for approval to the certifying authority a plan of the ship, on a scale not smaller than 1 in 200, showing the proposed location and general arrangement of the crew accommodation; and (
2. b)before the construction of any part of the crew MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 29 accommodation is commenced, submit for approval to the certifying authority, plans of the proposed accommodation, on a scale not smaller than 1 in 50, showing clearly and in detail the purpose for which each space in the crew accommodation is to be used, the proposed disposition of furniture and fittings, the proposed arrangements for heating and ventilation, lighting, sanitary arrangements, noise and vibration and other ambient factors.

(2)The owner of a ship to which these rules apply shall, before any reconstruction or alteration of the ship’s crew accommodation is carried out, submit for approval to the certifying authority plans of the proposed crew accommodation as reconstructed or altered as the case may be, in accordance with the requirements of sub-rule

(1)(b): Provided that if the crew accommodation is reconstructed or altered at a place outside Malta in consequence of any emergency or any accident to the ship, the relative plans shall be submitted for approval to the certifying authority as soon as practicable.

1. The crew accommodation of an existing ship to which these rules apply shall comply with the requirements laid down in the Third Schedule. Requirements for existing ships.
2. The crew accommodation of a new ship to which these rules apply shall comply with the requirements laid down in the Fourth Schedule. Requirements for new ships.
3. Subject to rule 92

(17), no part of the crew accommodation provided under these rules is to be appropriated for use by passengers. Use of crew accommodation. 92.

(1)Every ship to which these rules apply carrying fifteen seafarers or more and engaged in a voyage of more than three days’ duration, shall be provided with separate hospital accommodation: Hospital accommodation. Amended by: L.N. 262 of 2013; L.N. 390 of 2016. Provided that the Registrar-General may authorise alternative arrangements in respect of ships engaged in coastal trade.

(2)In every other ship to which these rules apply (except one in which all seafarers have separate sleeping rooms) a suitable room shall be appropriated for use, in case of need, as a temporary hospital.

(3)Hospital accommodation, whether permanent or temporary, shall be marked as such and shall not be used for any purpose other than for medical purposes.

(4)Every hospital, whether permanent or temporary, shall be so situated that it is as quiet and comfortable as possible and is readily accessible in all weather (

1. a)from the sleeping room of the member of the crew who is, and is employed as, a medical practitioner or a nurse; or (
2. b)if no such doctor or nurse is carried, from the master’s 30 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) accommodation or from the accommodation provided for the person in charge of the patients.

(5)The minimum width of the entrance to any permanent hospital shall, where practicable, be 760 millimetres and every hospital, whether permanent or temporary, shall be so situated and arranged that a stretcher can be easily carried into it with a person lying on the stretcher.

(6)Every permanent hospital shall be provided with adequate number of berths.

(7)At least one berth in every permanent hospital shall be a single-tier berth and shall, wherever practicable, be so placed that it is accessible from both sides and from the foot.

(8)If double-tier berths are provided in a hospital, the uppertier shall be either hinged or removable.

(9)Berths in permanent hospitals shall comply with the requirements of the Schedules.

(10)All side-scuttles and windows in a permanent hospital, and all skylights therein which are exposed to the direct rays of the sun shall be provided with curtains or blinds.

(11)Every permanent hospital, even if served by an air conditioning system or a mechanical ventilation system, shall be provided with a natural system of inlet and exhaust ventilation to the open air independent of any ventilators provided for other parts of the ship.

(12)Unless otherwise provided in this rule, hospital accommodation shall comply with the requirements of Appendices I and II, paragraphs 9.1 to 11.8 of the Third Schedule and the requirements of paragraphs 2 and 3 of the Fourth Schedule and Appendices II, III and IV with regard to ventilation, heating and lighting.

(13)A suitable locker, a water bottle, a tumbler, and an electric bell push communicating with the sleeping room of the doctor, nurse or the person in charge of the patient, shall be provided for each berth in the hospital accommodation and shall be within reach of that berth.

(14)The hospital accommodation shall be provided with a clothes locker, an adequate number of seats and a bed pan.

(15)A wash basin with cold and hot water laid on to it shall be fitted in every permanent hospital or in washing accommodation in the hospital.

(16)A water closet provided with the items specified in Appendix I, paragraph 17.9 and Appendix II, paragraph 17.14 of the Third Schedule shall be fitted in every permanent hospital either in a separate closet or in washing accommodation in the hospital.

(17)In passenger ships, the hospital may be provided to serve both crew and passengers. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 93.

(1)A locked cabinet or a locked container suitable for storing medicines and the medical stores shall be well ventilated and fitted in a place in the crew area for the ship which - 31 Medical stores. Amended by: L.N. 390 of 2016. (a) is always dry; (b) is readily accessible from the permanent or temporary hospital; and (c) is not subject to abnormal heat.

(2)Where a medical cabinet is fitted it shall be provided with the following: (

1. a)an outer door with an efficient lock; (
2. b)where controlled drugs are to be stored, an inner cupboard fitted with a door and a lock which cannot be opened by the same key as the lock to the outer door; and (
3. c)a dispensing counter with a surface that can be easily kept clean.

(3)Where a medical cabinet is fitted it shall be lit by an electric light (which may be inside or immediately outside it) which enables the contents to be clearly seen. 94.

(1)The crew and hospital accommodation shall be maintained in a clean and habitable condition and all equipment and installations required by these rules shall be maintained in good working order. Maintenance and inspection of crew accommodation.

(2)Every part of the crew accommodation, except store rooms, shall be kept free from stores and other property not belonging to or provided for the use of persons for whom that part of the accommodation is appropriated.

(3)The master of the ship or the officer appointed by the master for the purpose shall inspect every part of the crew and hospital accommodation at intervals not exceeding seven days and shall be accompanied on the inspection by at least one member of the crew.

(4)The master of the ship or the officer appointed by the master for the purpose of inspecti ng t he crew and h ospital accommodation shall cause to be entered in the ship’s official log book a record of (

1. a)the date and time of the inspection; (
2. b)the name and rank of the officer making the inspection; and (
3. c)the particulars regarding the crew and hospital accommodation or any parts found by any of the persons making the inspection that do not comply with these rules. 95.

(1)The crew and hospital accommodation of a ship to which these rules apply shall be surveyed by the certifying authority whenever - Survey, inspection and other measures in respect of Maltese ships. 32 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (

1. a)the ship is or is being registered as a Maltese ship under Part II or Part IIA of the Act; or (
2. b)all or part of the crew or hospital accommodation of a Maltese ship undergoes substantial alteration or repair.

(2)If the Registrar-General is not satisfied that the ship complies with the requirements of these rules, he may: (

1. a)request that measures be taken so the ship complies with these rules; or (
2. b)detain the ship. Exemptions and equivalents. 96.

(1)The Registrar-General may, taking into consideration the special circumstances that apply to each individual ship and following consultation with the owner of the ship and with the bona fide seafarers’ union representing the crew of the ship, allow variations from the requirements of these rules in the case of: (

1. a)ferries and similar ships which are not continuously manned with one permanent crew; (
2. b)ships with additional repair personnel temporarily embarked for repairs; (
3. c)ships engaged in such short voyages which allow the crew to go home or make use of comparable facilities for part of the day; and (
4. d)any ship, provided that the variations to be made provide corresponding advantages as a result of which the overall conditions are not less favourable than those which would result from the full application of the requirements of these rules and respective Schedules.

(2)The Registrar-General may, in the case of ships the manning of which has to take account, without discrimination, of the interest of the crew having different and distinctive religions and social practices, or the low or infrequent operational activity of the ship, and following consultation with the organisations of shipowners and with the bona fide seafarers’ union and subject to agreement between the said two parties, allow variations from the requirements of the Fourth Schedule provided that such variations do not result in overall facilities less favourable than those which would result from the application of the requirements under this rule. Medical stores Interpretation. 97.

(1)For the purpose of rules 98 to 106, both inclusive ''antidote'' means a substance used to prevent or treat a harmful effect or effects, direct or indirect, of one or more dangerous substances; ''dangerous substances'' means substances listed as such in the Sixth Schedule.

(2)Any reference to the British Pharmacopoeia, the European MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 33 Pharmacopoeia, or the British National Formulary shall, in its application to a particular case, be construed as a reference to the edition thereof current at, or not more than three months before, the time in question.

(3)Any reference to a publication includes a reference to any amendment thereof published before the date on which these rules come into force, and shall include any document amending the same, or shall mean any new edition thereof together with any document amending the same.

(4)This rule and rules 98 to 106, both inclusive, and the Fifth, Sixth, Seventh and Eighth Schedules implement Directive 92/29/ EEC of 31st March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels, so far as that Directive relates to the carriage of medicines and other medical stores. Unless otherwise defined in these rules or unless the context otherwise requires, words and expressions used in the aforementioned rules shall have the same meaning assigned to them in that Directive. 98.

(1)Every ship to which these rules apply shall carry on board medical stores specified in Parts I and II of the Fifth Schedule for the category of ship to which it belongs.

(2)are: The categories of ships referred to in the Fifth Schedule - Category A ships are sea-going ships with no limitation on length of voyages; - Category B ships are sea-going ships making voyages of less than 150 nautical miles from the nearest port with adequate medical equipment; - Category C ships are harbour vessels, boats and craft staying very close to shore or with no cabin accommodation other than a wheelhouse.

(3)For each of its life rafts and life boats, every ship to which these rules apply shall carry a watertight medicine chest at least containing the medical supplies specified in Parts I and II of the Fifth Schedule for Category C ships.

(4)Subject to sub-rule

(1), every ship to which these rules apply carrying dangerous substances shall carry on board at least the antidotes specified in Part III of the Fifth Schedule.

(5)Subject to sub-rule

(1)and notwithstanding the provisions of sub-rule

(4), any ferry-type ship to which these rules apply carrying dangerous substances shall carry on board at least the antidotes specified in Part III of the Fifth Schedule: Provided that in the case of a ferry-type ship operating on a regular route where the crossing is due to last less than two hours, the antidotes may be limited to those which have to be administered in cases of extreme emergency wi thin a period of tim e not exceeding the normal duration of the crossing. Carriage of medical stores. Amended by: L.N. 262 of 2013; L.N. 465 of 2020. 34 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 Allocation of responsibility. 99.

(1)The master shall be responsible for the management of the medical stores: Provided that, without prejudice to such responsibility, the master may delegate the use and maintenance of the medical stores to one of the ship’s officers.

(2)The master or a ship officer responsible for the management of the medical stores shall have received special training updated periodically, at least every five years, taking into account the specific risks and needs connected with the different categories of ships referred to in the Fifth Schedule, and in accordance with the general guidelines set out in the Eighth Schedule. Standards of medical stores. 100. All medical stores required by these rules to be kept on board a ship shall conform to the standards and requirements of the British National Formulary, the British Pharmacopoeia, the European Pharmacopoeia, or the United States Pharmacopoeia, and with the requirements set out in the Fifth Schedule. Packaging and labelling of containers. 101.

(1)Without prejudice to any other law, any container of medical stores required by rule 98 to be kept on board a ship (a) shall have in English on a label the particulars specified in sub-rule

(3); (

1. b)in the case of a container of tablets or capsules, shall be capable of reclosure to prevent ingress of moisture; (
2. c)in the case of a container of disinfectant, shall not show deleterious reaction with the disinfectant after storage in normal conditions for six months; (
3. d)in the case of a container of insecticide, shall be airtight, water-tight, packed in a suitable and sturdy case and, if the container is a pressure canister, have a cap or other means of protecting the valve against accidental opening when the canister is not in use; (
4. e)in the case of medicine or disinfectant not in the container supplied by its manufacturer, shall be packed in a sturdy, brown-coloured or non-translucent container; (
5. f)in the case of a container of oxygen, shall have in English on a label a notice indicating that it is highly explosive and that no smoking is allowed in its vicinity.

(2)Any label referred to in sub-rule

(1)(

1. a)and (
2. f)shall either be firmly affixed to the container and rendered resistant to moisture by varnish or other effective means or be an integral part of the container.

(3)The particulars required by sub-rule

(1)(

1. a)to be shown on labels are: (
2. a)the ordering name by which the medical store is referred to in the Fifth Schedule; (
3. b)any storage requirements laid down in any of the MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 35 publications referred to in rule 100, elsewhere in these rules or in the Schedules to these rules; (
4. c)if the medical stores are perishable, the expiry date as defined in rule 103; (
5. d)the name and address of the supplier of the medical stores, the product licence number and batch number; (
6. e)in the case of any container of a disinfectant or of an antiseptic prescribed in any of the categories set out in the Fifth Schedule, the dilution recommended for any purpose stated thereon; (
7. f)in the case of a container of hypochlorite, a notice indicating that the chemical may combust spontaneously and that the hypochlorite should be stored in a cool dark place; and (
8. g)any further information required by the Fifth Schedule. 102.

(1)Any medical store required to be carried by rule 98, shall be stored in accordance with any instructions on its container. Storage of medicines.

(2)Any medicine which is a controlled drug shall be stored in accordance with the requirements for controlled drugs contained in the Ship Captain’s Medical Guide.

(3)Subject to sub-rule

(2), any medicine mentioned in sub-rule

(1), unless it is required to be kept in a refrigerator or in a first aid satchel or box, shall be stored in a medical cabinet, if available, or otherwise in a cool, dry, locked cabinet or locked container.

(4)Any medical stores kept in a hyperbaric decompression chamber or otherwise in such a way as not to be readily accessible at all times to the master or any person authorised by him shall not be taken into account in respect of the requirements of these rules. 103. Where (

1. a)a ship is required in pursuance of rule 98 to have on board any medical stores specified in the Fifth Schedule, and Replenishment of dated medicines. (
2. b)any label required by rule 101

(1)(

1. a)to be borne by any container of any such medical stores, indicates a date after which the medical store contained in it is not to be used (hereinafter called 'the expiry date'), that medical store shall be replaced at the earliest possible date after the expiry date, and in any event within three months of the expiry date. Medical stores which have passed the expiry date shall, once replacements have been obtained, or after three months (whichever is the earlier), be disposed of in accordance with the Ship Captain’s Medical Guide: Provided that in an emergency the required medical stores which are not available on board shall be made available as soon as possible. 104. The owner of a ship to which these rules apply shall be responsible for the cost of any medical stores including the cost of Responsibility for costs. 36 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) periodic replacements. Carriage of guides. 105. A ship to which these rules apply shall carry guides as to the use of medical stores required to be carried on board by rule 98, including in particular instructions for the use of antidotes. Due regard shall be made to the publications listed in the Seventh Schedule. Inspection of medicines and medical stores. 106. The owner of a ship to which these rules apply shall ensure that the medical stores are inspected by a competent person at least once a year to ensure that (
2. a)the ship is carrying the medical stores which it is required to carry; (
3. b)such medical stores are correctly stored; (
4. c)any perishable medicines have been replaced in accordance with the requirements of rule 103. Provisions and water Duties of owners and master. Amended by: L.N. 26 of 2025. 107.

(1)It shall be the duty of the owner and master of every ship to ensure that there shall be provided on their ship provisions and water which (

1. a)are suitable in respect of quantity, nutritive value, quality and variety having regard to the size of the crew, the duration and nature of the voyage, and the quantity set out in the Ninth Schedule; (
2. b)do not contain anything which is likely to cause sickness or injury to health or which renders any provision or water unpalatable; (
3. c)are otherwise fit for consumption; (
4. d)are free of charge during the engagement.

(2)In complying with the obligation of sub-rule

(1), the owner and master shall strive to give consideration to cultural and religious requirements, for which exemptions are customarily provided for.

(3)The organisation and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied, balanced and nutritious meals prepared and served in hygienic conditions. Inspection of provisions and water. 108. The master, or any officer authorised by the master, shall, together with a member of the crew employed in catering on the ship, inspect not less than once a week provisions and water for the purpose of checking whether the provisions and water still comply with rule 107

(1), all spaces and equipment used for the storage and h a n d li n g o f f o o d an d dr i n ki n g w a t e r ; a nd ga l le y an d o t h e r equipment for the preparation and service of meals. The results of such inspections shall be recorded in the official log book of the ship. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 109.

(1)The ship’s cook and catering staff shall be properly trained and certified in the preparation of nutritionally balanced meals served in strict hygienic conditions.

(2)No ship’s cook and catering staff shall be engaged as such on a Maltese ship unless such person has completed a training course approved or recognised by the competent authority. 37 Ship’s cook and catering staff. Amended by: L.N. 262 of 2013; L.N. 390 of 2016.

(3)The competent authority may recognise certificates issued by or under the authority of another Party to the Convention which has ratified the same or has ratified the ILO Certification of Ships’ Cooks Convention, 1946 (No. 69).

(4)Ships operating with a prescribed manning of less than ten which, by virtue of the size of the crew or the trading pattern, may not be required by the competent authority to carry a fully qualified cook: Provided that anyone processing food in the galley shall be trained and instructed in areas including food and personal hygiene as well as handling and storage of food on board ships: Provided further that the competent authority may permit, in circumstances of exceptional necessity, a non-fully qualified cook to serve on a specific ship, until the next convenient port of call, but not for periods exceeding one month. Such person shall however be fully qualified in all hygiene related matters related to food handling and storage.

(5)No seafarer under the age of eighteen years shall be employed or engaged or work as a ship’s cook. 110. For the purposes of article 150A of the Act, the sums payable to a person for short or bad provisions shall be the following: Allowance for short or bad provisions. (

1. a)if the allowance is reduced by not more than one-third of the quantity, a sum not exceeding one unit a day; (
2. b)if the allowance is reduced by more than one-third, a sum not exceeding two units a day; (
3. c)in respect of bad or deficient quality of provisions, a sum not exceeding three units a day. PART V HEALTH AND SOCIAL WELFARE Shipowner’s liability for medical care 111. For the purposes of article 168A of the Act, the Registrar General may at any time, and in particular whenever he is requested to issue or renew any certificate of registry issued to a ship under the Act, demand evidence that adequate insurance cover has been duly obtained and is in effect covering the liability risks which are contemplated in article 168A of the Act. Provision of insurance policy. 112. Without prejudice to article 158 of the Act, in the event of any sickness, disease or injury suffered by any seafarer, the shipowner shall, on the same basis as provided in the said rule: Board and lodging and wages. 38 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 (
4. a)provide, at his own expense, for adequate board and lodging for such seafarer; (
5. b)pay such seafarer who is, by reason of such sickness, disease or injury rendered incapable for work: (
6. i)wages for such time as the seafarer remains on board or is repatriated in accordance with these rules; and (
7. ii)without prejudice to rule 56, where the said seafarer is no longer on board, a sum of money equivalent to the wages (exclusive of bonuses) that, but for his sickness, disease or injury, would have accrued in his favour during the continuance of his sickness, disease or injury, or during a period of sixteen weeks, whichever period is shorter: Provided that where the seafarer entitled to receive such payment mentioned in paragraph (b)(
8. ii)has remained on board for any period of time following the onset of his sickness, disease or injury, any wages received during such period shall be deducted from any payment to which he would be entitled in accordance with the said paragraph (b)(ii). Ships not requiring a medical doctor. 113. Ships which do not require a medical doctor onboard as stipulated in rule 36 shall be required to have either at least one seafarer on board who is in charge of medical care and administering medicine as part of their regular duties or at least one seafarer on board competent to provide medical first aid. Seafarers in charge of medical care on board who are not medical doctors shall have satisfactorily completed training in medical care that meets the requirements of the STCW Convention for mandatory minimum requirements related to medical first aid and medical care. Shipowners’ liability. Added by: L.N. 390 of 2016. 113A.

(1)The system of financial security to assure compensation for contractual claims, shall meet the following minimum requirements: (

1. a)the contractual compensation, where set out in the seafarer’s employment agreement and without prejudice to paragraph (c), shall be paid in full and without delay; (
2. b)there shall be no pressure to accept a payment less than the contractual amount; (
3. c)where the nature of the long-term disability of a seafarer makes it difficult to assess the full compensation to which the seafarer may be entitled, an interim payment or payments shall be made to the seafarer so as to avoid undue hardship; (
4. d)the seafarer shall receive payment without prejudice to other legal rights, but such payment may be offset by the shipowner against any damages resulting from any other claim made by the seafarer against the shipowner MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 39 and arising from the same incident; and (
5. e)the claim for contractual compensation may be brought directly by the seafarer concerned, or their next of kin, or a representative of the seafarer or designated beneficiary.

(2)Seafarers shall receive prior notification if a shipowner’s financial security is to be cancelled or terminated.

(3)The Registrar General shall be notified by the provider of the financial security if a shipowner ’s financial security is cancelled or terminated.

(4)All ships to which these rules apply shall carry on board a certificate or other documentary evidence of financial security issued by a financial security provider. A copy shall be posted in a conspicuous place on board where it is available to the seafarers. Where more than one financial security provider provides cover, the document provided by each provider shall be carried on board.

(5)The financial security shall not cease before the end of the period of validity of the financial security unless the financial security provider has given prior notification of at least 30 days to the Registrar General.

(6)The financial security shall provide for the payment of all contractual claims covered by it which arise during the period for which the document is valid. Health and safety protection 114.

(1)It shall be the duty of every shipowner to carry out an assessment of all the occupational health and safety hazards which may be present onboard the ship 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 seafarers: Provided that, when carrying out such assessments, the shipowner shall also take into consideration changes to the work activities being carried out and to the ship’s structure or operational use, and shall take appropriate action.

(2)The shipowner shall keep onboard the ship 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 seafarers concerned.

(4)The shipowner 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 rule shall be reviewed whenever there is any major change in working conditions, or whenever the shipowner or seafarer concerned by the assessments Risk assessments. 40 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) have reason to suspect that they are no longer valid. Health and safety hazard assessments. Amended by: L.N. 262 of 2013. 115. The shipowner may delegate to such persons or recognised organisations recognised by the competent authority in ensuring compliance with t he provisions o f th e s e ru le s , to d raw t he occupational health and safety hazards assessments in accordance with rule 114. Drawing up of assessments. 116. In drawing up occupational health and safety hazards assessments, the shipowner shall give particular attention to: (

1. a)the duties of the master to take specific responsibility for the implementation of and compliance with the ship’s occupational safety and health policy and programme, and (
2. b)the safety and health of seafarers under the age of eighteen years. Safety committee. 117. The shipowner shall specify the authority of the ship’s s e a f a r e r s a p p o i n t e d o r e l e c t e d a s sa f e t y r e p r e s e n t a t i v e s t o participate in meetings of the ship’s safety committee. Such a committee shall be established on board a ship on which there are five or more seafarers. Personal protective equipment. Added by: L.N. 26 of 2025. 117A. Reasonable precautions shall be taken to prevent occupational accidents, injuries and diseases onboard the ship, including through the provision of all necessary appropriately-sized personal protective equipment and measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals, as well as the risk of injury or disease that may arise from the use of equipment and machinery onboard the ship. Reporting of deaths of seafarers. Added by: L.N. 26 of 2025. 117B. Shipowners are obliged to adequately investigate, record and report all deaths of seafarers employed, engaged or working onboard Maltese flagged ships to the competent authority. PART VI RECORDS AND COMPLAINTS PROCEDURE Complaints On-board complaint procedure. 118. All ships shall have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of these rules. Such procedures shall seek to resolve complaints at the lowest level possible: Provided that seafarers have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities. Right to be accompanied. 119. The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaint procedure, as well as safeguards against the possibility of victimisation of seafarers for filing complaints which are neither manifestly vexatious nor maliciously made. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 41 120. In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the onboard complaint procedures applicable on the ship. This shall include contact information about the competent authority and the name of the person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship. Access to procedure. 121. The provisions in rules 118 to 125, both inclusive, are without prejudice to a seafarer ’s right to seek redress through whatever legal means the seafarer considers appropriate. Right to seek redress. 122.

(1)If a seafarer whilst on board states to the master of the ship his desire to make a complaint to the Registrar-General, or to an inspector, or to a Maltese consular officer, against any member of the crew being inclusive of the master, the master shall, as soon as the service of the ship will permit - Facilities for making complaint. (

1. a)if the ship is at a place where there is any such person as aforesaid to whom the complaint is to be made, after such statement; and (
2. b)if the ship is not then at such place, after her first arrival at such a place, allow the complainant to go ashore or send him ashore in proper custody so that he may be enabled to make his complaint.

(2)The master of a ship shall not coerce the seafarer into divulging the identity of persons against whom the complaint is being lodged or the nature of the complaint.

(3)If the master of a ship fails without reasonable cause to comply with this rule, he shall for each offence be liable to a fine (multa) not exceeding ten units. 123.

(1)Where (

1. a)the Registrar-General receives a complaint which is not considered manifestly unfounded, or obtains evidence that a ship which flies the Maltese flag does not comply with these rules; or (
2. b)there are serious deficiencies in the implementation of the measures set out in the Declaration of Maritime Labour Compliance as provided in rule 128, the Registrar-General shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found in accordance with rule 129

(1).

(2)The identity of the person lodging the complaint must not be revealed to the master or the owner of the ship concerned, or give any intimation that an inspection was carried out following such a complaint.

(3)Any person lodging a complaint with flag or port authorities which is found to be without basis in fact and done maliciously or vexatiously will be subject to disciplinary provisions. Reports on Maltese ships. 42 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 Inspections of ships other than Maltese ships. 124.

(1)When carrying out an inspection in order to obtain evidence that a ship does not comply with the relevant requirements the Registrar-General shall determine whether (a) a table complying with rule 41

(2)is posted-up in a prominent and accessible place on the ship; and (

1. b)records are being maintained in compliance with rule 43; and (
2. c)there is proof that such records have been endorsed by the maritime administration of the State in which the ship is registered.

(2)Where (

1. a)a complaint has been received, or (
2. b)the Registrar-General, from own observations on board, believes that seafarers may be unduly fatigued, the Registrar-General, or the inspector, shall carry out a more detailed inspection, in accordance with sub-rule

(1), to determine whether the hours of rest recorded comply with the standards laid down in rule 39 and that they have been duly observed, and shall inspect and take into account other records relating to the operation of the ship. Penalties. 125.

(1)Any contravention by (a) the master of a ship, of rules 38, 41

(1), 42

(3)or 43

(1),

(2)(e) or

(3); (

1. b)an employer, of rule 38; (
2. c)a person authorised by the master of a ship, of rule 41

(1)or 43

(1)or

(2)(e); or (d) a company which has assumed the operation of the ship, of rule 43

(3)or rule 46, shall be liable to a fine (multa) of not more than one thousand units for each offence.

(2)Where there is a contravention of rule 39

(3)or

(4)the master of the ship shall for each offence be liable to a fine (multa) of not more than five hundred units.

(3)Where there is a contravention of rule 44

(1)the employer of the seafarer under the age of eighteen years shall be liable to a fine (multa) of not more than five hundred units.

(4)Where there is a contravention of rule 47 the employer of the seafarer shall be liable to a fine (multa) of not more than one thousand units. PART VII ENFORCEMENT Application. 126.

(1)This Part of the rules applies to ships of: (

1. a)500 gross tonnage or over, engaged in international voyages; and MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 43 (
2. b)500 gross tonnage or over, flying the Maltese flag and operating from a port, or between ports, in another State.

(2)For the purposes of this Part of the rules "international voyage" means a voyage from a State to a port outside such a State.

(3)This Part also applies to any ship registered under the Act and which is not covered by sub-rule

(1), at the request of the shipowner. 127. It shall be the duty of the shipowner and of the master to ensure that the ship is in compliance with the provisions of these rules and such person, if in fault, shall be liable to the penalties provided for in the Act; and if no such penalty is provided for, such person shall for each offence be liable to a fine (multa) not exceeding five hundred units. Duty to ensure compliance. 128.

(1)No Maltese ship to which this Part applies shall proceed to sea or attempt to proceed to sea on an international voyage unless there is in force in respect of the ship a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance, in the approved form or as near thereto as circumstances permit. Prohibition to proceed to sea without appropriate certificate.

(2)No ship to which this Part applies shall proceed to sea or attempt to proceed to sea on an international voyage from Maltese waters unless there is in force in respect of the ship a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance.

(3)The master of every ship to which the provisions of subrule

(2)apply shall produce to the officer from whom a clearance for the ship is demanded, at the time a clearance for the ship is demanded for a voyage from Malta to a port or place outside Maltese waters, the certificate and declaration referred to in the said sub-rule to be in force when the ship proceeds to sea on an international voyage, and a clearance shall not be granted, and the ship may be detained, until the said certificate and declaration are so produced.

(4)The appropriate fee for the issue of a Declaration of Maritime Labour Compliance Part I shall be of fifty euro (€50). 129.

(1)The Registrar-General, or an appropriate inspector, may inspect any ship to which these rules apply and if satisfied that the ship is not in compliance with the provisions of these rules and the applicable requirements of the Convention, the RegistrarGeneral shall take such steps as are considered necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the working and living conditions of seafarers and any expenses incurred therefor shall be a charge on the ship, so however that the ship shall not be unduly detained or delayed.

(2)For the purposes of this rule, the provisions of article 154

(2)and

(3)of the Act shall mutatis mutandis apply to the Registrar-General and to appropriate inspectors. Inspection, detention and other measures in respect of ships. 44 [ S.L.234.51 Saving. Amended by: L.N. 262 of

1. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION)
2. Any certificate issued in terms of the Merchant Shipping (Distressed Seamen) Regulations, 1973, the Merchant Shipping (Provisions and Water) Regulations, 2001, the Merchant Shipping (Medical Stores) Regulations, 2002, the Merchant Shipping (Medical Examination) Regulations, 2001, the Merchant Shipping (Minimum Wage) Regulations, 2002, the Merchant Shipping (Hours of Work) Regulations, 2002, the Merchant Shipping (Protection of Seamen) Regulations, 2003, the Merchant Shipping (Safe Manning and Watchkeeping) Regulations, 2003 and the Merchant Shipping (Crew Accommodation) Regulations, 2004 (revoked by these rules) shall remain valid until their expiry and shall not be renewed unless they comply with the provisions of these rules. MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) FIRST SCHEDULE (Rule 41) SECOND SCHEDULE [ S.L.234.51 45 46 [ S.L.234.51 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (Rule 43) MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 47 48 MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) [ S.L.234.51 THIRD SCHEDULE (Rules 89 and 92) Amended by: L.N. 262 of 2013; L.N. 390 of
3. REQUIREMENTS FOR EXISTING SHIPS Appendix I applies to ships built before 10 January
4. Appendix II applies to ships the keel of which is laid or which is at a similar stage of construction on or after the 10 January
5. Appendix I
6. General requirements 1.
7. Crew accommodation (except store rooms) shall: 1.1.
8. whenever practicable be situated amidships or aft; but in no case shall any part of the crew accommodation (except store rooms) be situated forward of the collision bulkhead; 1.1.
9. be situated above the Summer Load Line (if any) marked on the ship in accordance with the provisions of rules made under article 251 of the Act: Provided that in the case of a passenger ship the crew accommodation may, on condition that satisfactory arrangements are made for lighting and ventilation of sleeping rooms, be situated below the Summer Load Line, but in no case immediately beneath working alleyways; and 1.1.
10. be arranged and constructed, and situated in such a position, as to ensure: (a) (b) (c) (d) (e) (f) (g) the protection of the crew against injury to the greatest practicable extent; the protection of the crew accommodation against the weather and the sea; the insulation of the crew accommodation from heat and cold; the protection of the crew accommodation against moisture due to condensation; the exclusion from the crew accommodation of effluvia originating in other spaces in the ship; the exclusion from the crew accommodation, to the greatest practicable extent, of noise originating in other spaces in the ship; and the prevention of the harbouring of vermin. 1.
11. Where the crew accommodation of a ship