L.S. 425.14 Regolamenti dwar il-Konvenzjoni dwar ix-Xogħol fis-Sajd

(1)The title of these regulations is the Work in Fishing Convention Regulations. Citation and scope. Amended by: L.N. 233 of 2021.

(2)The scope of these regulations is to implement the provisions found under European Union Council Directive (EU) 2017/ 159 and the provisions under the Work in Fishing Convention, 2007 (No. 188) issued by the International Labour Organization.

(3)Notwithstanding anything provided in these regulations, these regulations shall apply without prejudice to the provisions of the Merchant Shipping (Fishing Vessels) (Minimum Safety and Health Requirements) Regulations and the Merchant Shipping (Fishing Vessel Safety) Rules: S.L.

2. S.L.
4. Provided that in case of conflict between the provisions of these regulations and the provisions of the aforesaid regulations, the provisions of these regulations shall apply.

(4)The provisions of these regulations shall apply without prejudice to the provisions applicable to sea-fishing vessels according to Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels, as in force from time to time: Provided that in case of conflict between the provisions of these regulations and the provisions of said Directive, the provisions of these regulations shall apply.

1. requires: In these regulations, unless the context otherwise ''the Act'' means the Fisheries Conservation and Management Act; ''basic pay'' or ''wages'' means the pay, however composed, for normal hours of work, but does not include overtime worked, bonuses, allowances, paid leave or any other additional remuneration; "commercial fishing" means all fishing operations with the exception of subsistence fishing and recreational fishing; "competent authority" means any public body, department, agency, authority, specialised units, commissions, boards or entities established for the exercise of a public Interpretation. Amended by: L.N. 233 of
2. Cap.
3. 2 [ S.L. 425.14 WORK IN FISHING CONVENTION authority according to law, or any other person or body otherwise subject to the control of the Government of Malta, which may according to law be responsible for a particular issue, sector or obligation, excluding the Director or the Department of Fisheries and Aquaculture; ''consolidated wage'' means a wage or salary which includes the basic pay and other pay-related benefits including compensation for all overtime hours worked and all other payrelated benefits; "consultation" means that the Director shall discuss with the Board any relevant matter requiring consultation according to these regulations;" "Council Directive 2017/159" means Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche); "crew member" means any fisherman or master and any other person serving on that vessel; "fisherman" means any person involved in any work and in any capacity on board any fishing vessel, inclusive of selfemployed fisherman providing services on board a fishing vessel, but excluding port pilots and shore personnel carrying out work on board a fishing vessel at the quay side; "fisherman’s work agreement" means a contract of employment, articles of agreement or other similar arrangements, or any other contract governing a fisherman’s living and working conditions on board a fishing vessel; "fishing operation" means catching, or catching and processing, of fish or other living resources of the sea; "fishing vessel" or "vessel" means a local fishing vessel engaged in commercial fishing;" "fishing vessel owner" or "owner" means the owner of the fishing vessel, or of another organisation or person, such as a manager, agent or the bareboat charterer, who has assumed the responsibility for the operation of the vessel from the owner and who, on assuming such responsibility, has agreed to take over WORK IN FISHING CONVENTION [ S.L. 425.14 the duties and responsibilities imposed on the fishing vessel owners in accordance with these regulations, regardless of whether any other person fulfils any of the duties or responsibilities on behalf of the fishing vessel owner; "hours of rest" means time outside hours of work and does not include short breaks; "hours of work" means time during which a fisherman is required to do work on account of the vessel; "international voyage" means a voyage from a state to a port outside such a state; "length (L)" shall be taken as ninety-six per cent of the total length on a waterline at eighty-five per cent of the least moulded depth measured from the keel line, or as the length from the foreside of the stem to the axis of the rudder stock on that waterline, if this is greater; in vessels designed with rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline; "length between perpendiculars (LBP)" means the distance between the forward and the backward perpendiculars; the forward perpendicular shall be coincident with the foreside of the stem on the waterline on which the length (L) is measured; the backward perpendicular shall be coincident with the axis of the rudder stock on that waterline; "master" shall have the same meaning assigned to it in the Act; "Medical Council" shall have the same meaning as assigned to it in the Health Care Professions Act; Cap.
4. "medical practitioner" means a duly qualified medical practitioner as established under the Health Care Professions Act; Cap.
5. "night" means the period between 9 p.m. on any one day and 6 a.m. on the following day; ''overtime'' means time worked in excess of the normal hours of work; "private employment agency" means any person, company, institution, agency or other organization in the private sector engaged in employing or engaging fishermen, with a view to making them available to fishing vessel owners, who assign their tasks and supervise the execution of these tasks. 3 4 [ S.L. 425.14 WORK IN FISHING CONVENTION "recruitment and placement service" means any person, company, institution, agency or other organisation, in the public or the private sector, which is engaged in recruiting fishermen on behalf of, or placing fishermen with, fishing vessel owners; "safe manning document" means a document prescribing the minimum safe manning considered necessary for the sufficient and efficient manning of the vessel from the point of view of safety of life at sea and pollution prevention, issued in the case of a Maltese vessel by the Director or by the competent authority, and in the case of any other vessel, by or on behalf of the Government of the state whose flag the vessel is entitled to fly; "unit" means that any reference to any fine (multa) that may be imposed under these regulations shall be equivalent to two euro and thirty-three cents or to such other sum as the Minister, with the concurrence of the Minister responsible for justice, may by means of a decree determine from time to time, and differed equivalences may be determined for different provisions of the Act or for different provisions in regulations made under the Act.

(2)Save as otherwise provided in these regulations, the definitions provided for in the Act are to apply to these regulations. Applicability. Substituted by: L.N. 233 of 2021. 3.

(1)Save as otherwise provided in these regulations, these regulations shall apply for all fisherman on board all fishing vessels and for all fishing vessels.

(2)In case of doubt as to whether any person or categories of persons are to be regarded as fishermen, or as to whether any vessels are to be considered as fishing vessels under these regulations, the matter shall be determined by the Director, following consultation with the Board.

(3)The Director may, on objective grounds, after consultation and whenever the application of these regulations raises special problems of a substantial nature in the light of the particular conditions of service of the fisherman or of the fishing vessels' operations concerned, exclude limited categories of fishermen or fishing vessels from the requirements of these regulations or from certain of its provisions: Provided that any exclusions shall not apply after the 16th November

2. Nothing in these regulations shall affect any law, award or custom, or any other agreement between fishing vessel owners and fishermen, which ensures more favourable conditions to fishermen than WORK IN FISHING CONVENTION [ S.L. 425.14 5 those provided for under these regulations. Responsibilities of Fishing Vessel Owners, Masters and Fishermen .5 .

(1)Every vessel owner shall ensure that: (

1. a)all fishermen working on his vessel have concluded a written fisherman's work agreement prior to working on his vessel, and that said agreement is comprehensible to the fishermen and protects them in a manner consistent with the provisions of these regulations; Responsibilities of vessel owners with regard to work agreements of fishermen. Amended by: L.N. 233 of 2021. (
2. b)a fisherman’s work agreement shall include articles providing the details, declarations, conditions and rights required according to Schedule V and in the absence thereof shall be deemed invalid at law, without prejudice to the rights of the fisherman according to these regulations and particularly of Schedule V; (
3. c)a copy of the work agreement of fishermen shall be provided to the fisherman, shall be carried on board and be available to the fishermen on request; and (
4. d)each fisherman has a written fisherman’s work agreement, which is signed by all parties to that agreement, and which provides the fisherman with decent work and living conditions on board the vessel as required by these regulations.

(2)Sub-regulation

(1)shall not apply to any fishing vessel owner who is also single-handedly operating the vessel. 6. Every vessel owner shall ensure that: (

1. a)every fisherman assigned to his vessel holds appropriate certificates in respect of any duty the fisherman is to perform; (
2. b)documentation and data relevant to all fishermen employed on his fishing vessels are maintained and readily available for inspection and include, inter alia, documentation and data on their experience in training, medical fitness and their competency in assigned duties; (
3. c)the master is provided with all the necessary resources and facilities to comply with the obligations of these regulations; and (
4. d)he establishes on board procedures for the prevention, investigation and reporting of occupational accidents, injuries and diseases, taking into account the specific Other responsibilities of the owner. Amended by: L.N. 233 of 2021. 6 [ S.L. 425.14 WORK IN FISHING CONVENTION hazards and risks on the fishing vessel concerned; (
5. e)every fisherman on board is provided with appropriate personal protective clothing and equipment, and has received basic safety training approved by the competent authority; and (
6. f)fishermen are sufficiently and reasonably familiarized with equipment and its methods of operation, including relevant safety measures, prior to using the equipment or participating in the operations concerned.

(2)The requirements of sub-regulation

(1)(d) shall be applied according to the instructions of the Director following consultation according to these regulations.

(3)Anything done according to this regulation shall take into consideration the crew on board, the area of operation and the duration of the voyage. Owner to provide written instructions to the master. 7.

(1)The owner shall provide written instructions to the master setting out the policies and the procedures to be followed to ensure that all fishermen engaged on board the vessel are given a reasonable opportunity to become familiar with the equipment on board the vessel, operational and safety procedures, including other arrangements needed for the proper performance of their duties, before being assigned to such duties.

(2)The policies and procedures referred to in sub-regulation

(1)shall include: (

1. a)allocation of a reasonable period of time during which the fishermen will have an opportunity to become acquainted with: (
2. i)the specific equipment the fishermen will be operating; and (
3. ii)vessel specific watch-keeping, safety, environmental protection and emergency procedures and arrangements the fishermen 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 fisherman to receive essential information in a language that the fisherman understands.

(3)It shall be the duty of any master and any crew member designated with an obligation under sub-regulation

(2)to carry out that obligation. WORK IN FISHING CONVENTION [ S.L. 425.14 8.

(1)The Director shall ensure that all fishing vessels are sufficiently and safely manned for their safe navigation and operation, and he may prescribe conditions for the safe manning of a fishing vessel as may be appropriate for the fishing vessel and its operations: Manning Substituted by: L.N. 233 of 2021. Provided that for fishing vessels of twenty-four metres in length or over, the Director shall establish a minimum level of manning for the safe navigation of the fishing vessel, specifying the number and the qualifications of the fishermen required.

(2)All fishing vessels shall be operated under the control of a competent master.

(3)Without prejudice to the obligations of the master at law, the owner of the fishing vessel shall be responsible for the fulfilment of all obligations under this regulation.

(4)Whenever conditions are prescribed according to subregulation

(1), said conditions shall be deemed as part of the conditions of the fishing licence of a fishing vessel, without prejudice to the discretion of the Director to impose such conditions directly as conditions of a fishing licence according to the provisions of the Act.

(5)Any conditions prescribed according to sub-regulation

(1)shall be communicated to the owner of the fishing vessel or to its registered master.

(6)A fishing vessel may not operate unless the requirements of this regulation are fulfilled at all times of operation: Provided that any default in the requirements of this regulation shall ipso iure lead to the suspension of the fishing licence of the fishing vessel: Provided further that no such suspension shall apply when it is proven that any said default was necessary as a result of any force majeure or distress during the operation of the fishing vessel. 9.

(1)The master of a fishing vessel shall ensure that an appropriate and effective watch is at all times maintained for the purposes of safe navigation and the health and safety of the fishermen.

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

(1), the master shall give directions to the fishermen responsible for navigating the vessel safely during their periods of duty. 7 Watch-keeping arrangements. 8 [ S.L. 425.14 Responsibilities of the master. Amended by: L.N. 233 of 2021. WORK IN FISHING CONVENTION 10.

(1)The master shall ensure: (

1. a)supervision is provided; (
2. b)fishermen perform their work in the best conditions of health and safety; (
3. c)fishermen are managed in a manner which respects their health and safety, including prevention of fatigue; (
4. d)compliance with safety of navigation, watch keeping and associated good seamanship standards; (
5. e)on-board occupational health and safety awareness training are facilitated; (
6. f)that fishermen are trained in the handling of the types of fishing gear they will use and in the knowledge of the fishing operations in which they will be engaged; (
7. g)that the fishing vessel is stocked with adequate quantities of medical products and equipment as adequate according to the nature of the voyage, the area of operation, the crew, the type of work performed by all fishermen and the cargo of the fishing vessel; (
8. h)that himself, or his delegate, received special training in relation to the use of medical supplies on board, which training is to be updated periodically and at least every five years, and said training shall be relevant for the type of fishing vessel concerned, the risks involved, the crew, the area of operation, the length of the voyage and the needs involved, and it shall also be inclusive of and according to what is referred under Annex V of Council Directive 92/29/ EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels, as in force from time to time; (
9. i)that medical supplies are accompanied by one or more guides to their use, including instructions for use of at least the antidotes required in Annex II section III of Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels, as in force from time to time, and said guides shall be in a language and format understood WORK IN FISHING CONVENTION [ S.L. 425.14 9 by himself or his delegate according to paragraph (h); (
10. j)that the fishing vessel carries a medical guide adopted or approved by the Medical Council in consultation with the Director, or the latest edition of the International Medical Guide for Ships.

(2)The master shall not be constrained by the owner from taking any decision which, in the professional judgement of the master, is necessary for the safety of the fishermen on board, or the vessel and its safe navigation and safe operation.

(3)All expenses related to compliance with the obligations of this regulation shall be borne by the fishing vessel owner, at no cost for the fishermen.

(4)The fishing vessel owner shall ensure that the master is competent to perform his obligations according to these regulations, and shall provide, at his expense and as may be needed, adequate training to ensure such competence.

(5)Without prejudice to any other law, if it is proven that the fishing vessel owner did not engage a competent master according to sub-regulation

(4), the fishing vessel owner and the master shall be liable in solidum for any breach of these regulations which may result in damages or other claims of compensation according to law. 11. Fishermen shall comply with the lawful orders of the master and applicable health and safety measures. Responsibilities of the fishermen. 12.

(1)Subject to the provisions of this regulation, no person under the age of sixteen years shall work on any local fishing vessel. Minors acting as fishermen. Substituted by: L.N. 233 of 2021.

(2)Without prejudice to sub-regulation

(3)and any other law, particularly those relating to work by persons under eighteen

(18)years of age and laws on compulsory schooling, the Director may, in accordance with these regulations and under certain conditions, authorise persons aged fifteen

(15)years of age and older to work on a local fishing vessel for the purposes of vocational training: Provided that the Director may also authorise persons of the age of fifteen

(15)to perform light work during school holidays and in such cases he shall determine, after consultation, the kinds of work permitted and shall prescribe the conditions in which such work shall be undertaken and the periods of rest required, which in no instance shall be less than those provided under regulation 24, as applicable pro rata for the authorised periods of work: Provided further that regulations 25 and 27 shall be 10 [ S.L. 425.14 WORK IN FISHING CONVENTION inapplicable for persons of fifteen

(15)years of age who are engaged in work according to this regulation.

(3)Without prejudice to sub-regulation

(4), no person aged less than eighteen

(18)years may be authorised to work, or assigned activities by any other person, which by their nature or the circumstances in which they are carried out are likely to jeopardise the health, safety, physical, mental or social development, education or morals of such persons: Provided that, without prejudice to the generality of this obligation, the Director may, after consultation and consideration of the risks concerned and applicable international standards, establish a list of activities which shall be deemed to jeopardise the health, safety, physical, mental or social development, education or morals of persons aged less than eighteen

(18)years for the purposes of this regulation.

(4)The performance of the activities referred to in subregulation

(3)by persons of sixteen

(16)and seventeen

(17)years of age may be authorised by the Director, after consultation, on condition that the health, safety, physical, mental and social development, education and morals of the young persons concerned are fully protected and that the young persons concerned have received adequate specific instruction or vocational training and have completed basic pre-sea safety training: Provided that the authorisation for such work is indispensable for the vocational training of the person concerned and said work is performed at all times under the supervision of a person competent for the occupational health and safety of all those present on board the fishing vessel. Minors’ night work. Substituted by: L.N. 233 of 2021. 13.

(1)Without prejudice to the provisions of this regulation and notwithstanding the provisions of any other law, no fisherman under the age of eighteen

(18)years shall work at night.

(2)If authorised to work according to regulation 12, and notwithstanding sub-regulation

(1), the Director may allow work at night by a fisherman under the age of eighteen

(18)years if: (

1. a)the effective training of the fishermen concerned, in accordance with established programmes and schedules, would be impaired; or (
2. b)the specific nature of the duty or a recognized training programme requires that the fishermen concerned perform duties at night and the Director determines, after consultation, that the work will not have a detrimental impact on their health or well-being: WORK IN FISHING CONVENTION [ S.L. 425.14 11 Provided that any such night work shall be performed at all times under the supervision of a person competent for the occupational health and safety of all those present on board the fishing vessel.

(3)Prior to performing any night work as may be allowed according to sub-regulation

(1), and at regular intervals thereafter, the fisherman concerned shall undergo a free assessment of their health and capacities to be submitted to the Director, unless the night work they perform is of an exceptional nature. Medical Certificate and Examination

1. 1) Subject to the provisions of this regulation, no person shall act as a fisherman on any Maltese vessel, unless there has been delivered to the master of the vessel a certificate granted by a duly qualified medical practitioner certifying that the person is fit to be employed in that capacity: Medical certificate. Amended by: L.N. 233 of
2. Provided that the medical practitioner issuing the medical certificate shall explicitly declare that the same has been issued in accordance with regulation 15.

(2)The Director may, after consultation, dispense with the requirement under sub-regulation

(1), after taking into account the safety and health of the fishermen, size of the vessel, availability of medical assistance and evacuation, duration of the voyage, area of operation and type of fishing operation.

(3)The exemption under sub-regulation

(2)shall not apply to a fisherman working on a fishing vessel of twenty-four metres in length and over or which normally remains at sea for more than three days; Provided that in urgent cases, the Director may authorise a fisherman to work on such a vessel for a period of a limited and specified duration until a medical certificate can be obtained, provided that the fisherman is in possession of an expired medical certificate with a recent date. 15.

(1)The medical examination required under these regulations shall consist of a complete physical examination and shall have regard to the ILO/IMO publication entitled Guidelines on the Medical Examinations of Seafarers (ILO/IMO/JMS/2011/12), including any amendments introduced thereto from time to time, and to any other relative guidelines as may, from time to time, be further specified by the Medical Council in consultation with the Director.

(2)In any examination under these regulations, due regard shall be made to the age of the fisherman to be examined and the nature of the duties to be performed on board the vessel. Medical examination. Amended by: L.N. 233 of 2021. 12 [ S.L. 425.14 Issue of medical certificate. WORK IN FISHING CONVENTION 16.

(1)Every applicant for a medical certificate shall be examined by a duly qualified medical practitioner, or in the case of a certificate solely concerning eyesight, by a person recognised by the competent authority, and if the medical practitioner considers that the applicant is fit, the practitioner shall issue the applicant with a medical certificate in terms of sub-regulation

(2)and regulation 17, and such certificate may be restricted to such capacity of sea service or geographical areas as the practitioner considers appropriate.

(2)The medical certificate shall contain the personal details of the person examined including the name and surname, nationality, age and relevant identity document number such as the sea service record book or passport number and shall attest: (

1. a)that the hearing and sight of the fisherman examined and, in the case of a fisherman to be employed in the deck department (except for certain specialist personnel, whose fitness for the work which they are to perform is not likely to be affected by defective colour vision), his colour vision, are all satisfactory; and (
2. b)that the fisherman is not suffering from any medical condition likely to be aggravated by, or to render the fisherman unfit for service at sea or likely to endanger the health of other persons on board. Period of validity of medical certificate. Amended by: L.N. 233 of 2021. 17.

(1)Subject to sub-regulations

(2)and

(3), a duly qualified medical practitioner who issues a medical certificate under regulation 16 shall specify the period of validity during which the certificate is to remain in force, from the date of the medical examination.

(2)Unless suspended or cancelled in terms of regulation 19 and subject to sub-regulation

(3), the maximum period of validity of a medical certificate shall be two years, and in so far as it relates to colour vision, the maximum period of validity shall be six years; Provided that, if the examined fisherman is under eighteen years of age, the maximum period of validity of a medical certificate shall be one year: Provided further that, if the health of the examined fisherman demands it, a medical practitioner may issue a medical certificate valid for such shorter period as may be specified in the certificate.

(3)Where the period of validity of a medical certificate expires in the course of a voyage, the certificate shall remain in force until the end of that voyage. WORK IN FISHING CONVENTION [ S.L. 425.14 13 18. If a fisherman possessing a valid medical certificate suffers a medical condition which precludes seafaring employment, such fisherman shall arrange for an additional medical examination as soon as practicable after diagnosis. Further medical examination. 19. If a qualified medical practitioner has reasonable grounds to believe that: Change in conditions relating to the medical certificate. (

1. a)there has been a significant change in the medical fitness of a fisherman during the period of validity of the medical certificate; or (
2. b)had he been in possession of the full details of the fisherman’s conditions when issuing the medical certificate, he would not have reasonably considered the fisherman fit to be issued with such certificate; or (
3. c)the medical certificate was issued otherwise than in accordance with these regulations, the medical practitioner shall notify the fisherman concerned and may: (
4. i)suspend the validity of that certificate until the fisherman has undergone a further medical examination; (
5. ii)suspend the certificate for such period as the medical practitioner considers the fisherman will remain unfit to go to sea; or (iii) cancel the certificate if the medical practitioner considers that the fisherman is likely to remain permanently unfit to go to sea. 20.

(1)In relation to matters concerning the medical certificate as provided for in these regulations, a fisherman may apply to the Director for his case to be reviewed by an independent medical referee, not being one who has already examined or given his opinion on the fisherman, as may be appointed by the Medical Council upon a reference of the case by the Director, in any one of the following cases: (

1. a)upon the refusal of a medical practitioner to issue a medical certificate to the fisherman, in all cases, and including those in which the medical reasons for such a refusal have disappeared; (
2. b)upon any limitation imposed by or referred to in the medical certificate; (
3. c)upon the suspension for a period of more than three

(3)months or the cancellation of that certificate by a Medical review. Substituted by: L.N. 233 of 2021. 14 [ S.L. 425.14 WORK IN FISHING CONVENTION medical practitioner pursuant to regulation 19; or (d) if the fisherman had, during his examination, indicated that he finds himself unfit to perform his duties on board a fishing vessel, but the medical practitioner issued a medical certificate nonetheless attesting that the fisherman is medically fit to perform his duties on board a fishing vessel.

(2)Without prejudice to sub-regulation

(1), the Medical Council may prepare and update a list of medical practitioners that may serve for the purposes of this regulation, and in so doing the Medical Council may also determine the medical practitioners to serve at particular times or in particular orders.

(3)If his medical opinion differs from that of the medical practitioner whose medical certificate, or lack thereof, is under review, the medical referee may issue the applicant under sub-regulation

(1)with a new medical certificate and in doing so he may provide such restrictions as he deems appropriate for the benefit of the applicant and those working with him: Provided that the medical referee may also confirm the medical opinion and, or medical certificate reviewed and these shall retain their validity from when and as issued by the relevant medical practitioner: Provided further that when a medical referee issues a new medical certificate according to this sub-regulation, any medical certificate reviewed in the process shall from that moment cease to have any validity for the purposes of these regulations: Provided further that a medical referee shall also be empowered to cancel a medical certificate under review if that is deemed necessary according to his medical opinion.

(4)The medical referee shall conclude his review no later than two months from when the application for review is referred to him together with all the supporting documentation provided by the applicant. Equivalent certificates. 21. Any certificate of medical and visual fitness for employment on board a fishing vessel issued by a qualified medical practitioner to a fisherman, in respect of a medical examination conducted before the date on which these regulations come into force, shall for the purposes of these regulations be deemed to be equivalent to a medical certificate issued under these regulations: Provided that any such certificate issued by any such qualified medical practitioner shall remain valid from the date of the medical examination only, for the appropriate maximum period WORK IN FISHING CONVENTION [ S.L. 425.14 15 prescribed in regulation 17, or for such shorter period as may be specified in the certificate. 22. Any medical certificate issued to a fisherman on board a fishing vessel in accordance with the Medical Examination (Fishermen) Convention, 1959 (International Labour Organisation Convention No. 113 of 1959): Other medical certificates. (

1. a)by an authority empowered in that respect by the laws of a state outside Malta that has ratified the said Conventions; or (
2. b)by an approved authority empowered in that respect by the laws of a state outside Malta, shall for the purposes of these regulations be deemed to be equivalent to a medical certificate issued under these regulations: Provided that any medical certificate issued by any such authority shall remain in force, unless renewed, only until the expiration of the period of validity specified in that certificate, but in no case for more than the appropriate maximum period prescribed in regulation 17. 23. Without prejudice to regulation 27, it shall be the duty of an employer of a fisherman and a master of a fishing vessel to ensure that a fisherman is provided with at least the minimum hours of rest: Hours of work and rest. Provided that a fisherman’s hours of work are limited to forty-eight hours a week on average, calculated over a reference period not exceeding twelve months. 24.

(1)Without prejudice to regulations 25 and 27, the minimum hours of rest shall be not less than (

1. a)ten hours in any twenty-four hour period; and (
2. b)seventy-seven hours in any seven-day period.

(2)Hours of rest may be divided into no more than two periods, one of which shall be at least six hours long, and the interval between such consecutive periods shall not exceed fourteen hours.

(3)Musters, fire-fighting and lifeboat drills shall be conducted in a manner which minimises the disturbance of rest periods and do not induce fatigue.

(4)A fisherman who is on call shall have adequate compensatory rest period, if his normal period of rest is disturbed by call-outs of work. Minimum hours of rest. 16 [ S.L. 425.14 Further provision for minimum hours of rest. Amended by: L.N. 233 of 2021. WORK IN FISHING CONVENTION 25.

(1)The Director may, after consultation, authorise collective agreements permitting exceptions to the limits in subregulations

(1)and

(2)of regulation 24, but shall have due regard for the general principles for the protection of the health and safety of the fishermen. (

(2)In the absence of any collective agreement, or if the Director determines that the provisions in the agreement are inadequate, the Director shall determine such provisions to ensure the fishermen concerned have sufficient rest. Availability of working arrangements. 26. The master or a fisherman authorised by the master, shall ensure that working arrangements are placed in an accessible place on the fishing vessel. Exception for emergencies. 27.

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

(2)For the purposes of sub-regulation

(1), the master may suspend the hours of rest scheduled in the table under Schedule II and require a fisherman to perform any hours of work necessary until the normal situation has been restored.

(3)As soon as practicable, after the normal situation has been restored, the master shall ensure that any fisherman who has performed work in a rest period scheduled in the table under Schedule II, is provided with an adequate rest period. Records. Schedule III. Substituted by: L.N. 233 of

1. Young persons.
2. A record of a fisherman’s daily hours of rest shall be maintained by the master, or a person authorised by the master in accordance with Schedule III or as specified in the guidelines that shall be drawn up and published by the Director. 29.

(1)Fishermen under the age of eighteen years shall: (

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-regulation

(1), or require that overtime shall be worked if: WORK IN FISHING CONVENTION (

1. a)[ S.L. 425.14 17 the provisions of regulation 27 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-regulation

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

(3)All instances under sub-regulation

(2)shall be recorded, indicating the reason and signed by the master. 30. Where: (

1. a)a medical practitioner has certified that a fisherman engaged on watch keeping duties is suffering from health problems which the practitioner considers to be due to the fact that the fisherman performs night work; and Health assessment and transfer of fishermen on watch keeping duties to day work. (
2. b)it is possible for the employer to transfer that fisherman to work: (
3. i)to which the fisherman is suited; and (
4. ii)which is to be undertaken during periods such that the fisherman will cease to perform night work, the fisherman shall be transferred accordingly. 31. A fishing vessel owner shall provide the competent authorities with such information on watch-keepers and other fishermen working at night as may be required by the competent authorities. Information on night duties. Substituted by: L.N. 233 of 2021. Entitlement to annual leave Regulation 32 Deleted by: L.N. 233 of 2021. 33. Where during any period, a fisherman is entitled to hours of rest or annual leave both under a provision of these regulations and under a separate provision (including a provision of his contract), he may exercise the two rights separately, but may, in taking hours of rest or annual leave during that period, take advantage of whichever right is, in any particular respect, the more favourable. Entitlements under other provisions. Regulations 34 - 56: Deleted by: L.N. 233 of 2021. 57.

(1)When a fishing vessel is in a port outside Malta's jurisdiction, or at sea and heading towards such a port, the master and Repatriation. Substituted by: L.N. 233 of 2021. 18 [ S.L. 425.14 WORK IN FISHING CONVENTION owner of the fishing vessel shall do all that is reasonably required so as to repatriate a fisherman to Malta, in any one of the following circumstances: (

1. a)when the fisherman's work agreement has expired; (
2. b)when the fisherman's work agreement has been terminated for justified reasons by one or more of the parties to that agreement; or (
3. c)when the fisherman is no longer able to carry out the duties required under the fisherman's work agreement or cannot be expected to carry out those duties in the specific circumstances of the fisherman and the fishing vessel: Provided that when a fishing vessel is bound to return to Malta, or to a port outside the jurisdiction of Malta in the circumstances provided under sub-regulation

(4), and such a return is planned within a maximum period of a week from when the relevant facts entitling a fisherman to repatriation arise, then such a period shall be deemed to be reasonable for the purposes of this regulation.

(2)Without prejudice to sub-regulation

(3), the costs for the repatriation of the fisherman according to sub-regulation

(1)shall be borne by the fishing vessel owner: Provided that repatriation should happen as soon as possible and should the fisherman not be repatriated within a reasonable time or should the fishing vessel owner refuse to repatriate the fisherman, the fisherman may opt to repatriate himself at his expense: Provided further that any repatriation expenses paid for by the fisherman shall be without prejudice to his right according to law to recover such expenses and any applicable damages from the fishing vessel owner when the latter were obliged to bear such costs according to this regulation.

(3)When the repatriation was caused by the negligence or bad faith of the fisherman himself, the fishing vessel owner shall have the right to recover any repatriation costs suffered by them, without prejudice to any applicable damages according to law.

(4)The fisherman and the fishing vessel owner, may agree in writing to repatriate the fisherman outside the jurisdiction of Malta: Provided that a copy of such agreement is delivered to the Director upon request or in any case not later than the working day following the return of the fishing vessel within the jurisdiction of Malta. WORK IN FISHING CONVENTION [ S.L. 425.14 19

(5)The provisions of this regulation are without prejudice to any right of the fishing vessel owner to recover repatriation costs under third party contractual agreements.

(6)In case the fishing vessel owner does not cover the repatriation expenses of a fisherman and the fisherman is not reasonably capable of covering those expenses according to subregulation

(2), the Government of Malta shall cover those expenses: Provided that the Government of Malta shall have a right to recover the same expenses from the fishing vessel owner. Regulations 58 - 59: Deleted by: L.N. 233 of 2021. 60.

(1)A fisherman shall be deemed to have been abandoned where, in violation of the requirements of these regulations, or the terms of the fisherman’s work agreement, the owner: Abandonment of fishermen. (

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

(2)Deleted by: L.N. 233 of 2021.

(3)Deleted by: L.N. 233 of 2021.

(4)Deleted by: L.N. 233 of 2021.

(5)Deleted by: L.N. 233 of 2021.

(6)Deleted by: L.N. 233 of 2021.

(7)Deleted by: L.N. 233 of

1. Regulations 61 - 71: Deleted by: L.N. 233 of
2. 72.

(1)The master of the fishing vessel shall be responsible to draw up a crew list, in writing, for every fishing trip.

(2)A copy of the crew list shall be submitted to the Director immediately before leaving port: Provided that the master of the fishing vessel may also communicate the contents of the crew list to the Director immediately after leaving port: Crew list. Substituted by: L.N. 233 of 2021. 20 [ S.L. 425.14 WORK IN FISHING CONVENTION Provided further that the master of the fishing vessel shall provide the Director with a copy of the crew list immediately after returning to port.

(3)For the purposes of proving compliance with this regulation, the master of the fishing vessel may also provide the crew list to any other competent authority according to any other law: Provided that the Director may request to receive a copy of the crew list from the master and, or from the owner of the fishing vessel, and he may also request the crew list of the fishing vessel from any other competent authority according to law. Food and Accommodation Food and accommodation Schedule IV. Amended by: L.N. 233 of 2021. 73.

(1)All fishing vessels shall be in compliance with the minimum guidelines on food and weekly rations set out in Schedule IV and such rations shall be of sufficient nutritional value and of adequate quality.

(2)The Director shall draw up and publish guidelines on accommodation on board fishing vessels. These guidelines shall include the following: (

1. a)approval of plans for the construction, or modification of fishing vessels in respect of accommodation; (
2. b)maintenance of accommodation and galley spaces; (
3. c)ventilation, heating, cooling and lighting; (
4. d)mitigation of excessive noise and vibrations; (
5. e)location, size, construction materials, furnishing and equipping of sleeping rooms, mess rooms and other accommodation spaces; (
6. f)hygiene conditions; (
7. g)sanitary facilities, including toilets and washing facilities and supply of sufficient hot and cold water; and (
8. h)procedures for responding to complaints concerning accommodation that does not meet the requirements of these regulations. Provided that if the fishing vessel is twenty-four metres in length or over, the guidelines must comply with the requirements set out in Schedule I.

(3)All guidelines published according to this regulation shall WORK IN FISHING CONVENTION [ S.L. 425.14 21 be presumed to provide the following requirements: (

1. a)that the food and water provided according to these regulations shall be at no cost to the fisherman and of adequate quality, and no agreement to the contrary shall be deemed valid at law; and (
2. b)that nothing in said guidelines shall provide for lesser rights to fishermen as otherwise available or allowable according to law.

(4)Guidelines published according to this regulation shall consider the provisions of Schedule IV as a minimum, and any provisions in said guidelines in relation to matters provided under Schedule IV shall consider the same and may provide for more favourable provisions for fishermen.

(5)The Director may, following consultation, exempt categories of fishing vessels from the application of this regulation. Regulations 74 - 75: Deleted by: L.N. 233 of 2021. 76.

(1)Fishing vessels owners shall ensure that at least one fisherman on board is in charge of medical care and for administering medicine as part of his regular duties, or at least one fisherman on board is competent to provide medical first aid.

(2)Save if they are medical doctors, fishermen in charge of medical care on board shall have satisfactorily completed training in medical care and, or medical first aid.

(3)A fisherman has the right to medical treatment on board the fishing vessel, and the right to be taken ashore in a timely manner for medical care and treatment in the event of a work-related injury, any serious injury or illness occurring to him.

(4)When fishermen working on a fishing vessel are on board or outside the jurisdiction of Malta, the fishing vessel owner shall be responsible for the fishermen’s necessary: (

1. a)health protection; and, or (
2. b)medical care; (
3. c)medical support; (
4. d)medical assistance; (
5. e)medical treatment; and, or (
6. f)for their general well-being. Medical assistance on board. Substituted by: L.N. 233 of 2021. 22 [ S.L. 425.14 WORK IN FISHING CONVENTION

(5)All expenses in relation to this regulation shall be borne by the fishing vessel owner, up to the moment of a fisherman’s repatriation if applicable, unless the relevant medical services are covered by the social security system of Malta or any other public medical service in Malta which would otherwise be available to the concerned fishermen: Provided that nothing in this sub-regulation shall be construed as being against any right or obligation in the fisherman's work agreement allowing the fisherman access to private medical services at the expense of the fishing vessel owner: Provided further that anything done according to this regulation shall be at no cost to the fisherman. Liability. Substituted by: L.N. 233 of

2. Without prejudice to any other law and save if otherwise provided in these regulations, the fishing vessel owner shall be liable towards the fisherman for any right resulting from these regulations and for any default thereof: Provided that the fishing vessel owner may defend himself by proving that any such default is not due to his own omissions or actions, and he did all that was reasonably possible to avoid such a default: Provided further that any omission or action by the master shall not be a defence available to the fishing vessel owner, and any default by the master shall give rise to liability in solidum against the master and the fishing vessel owner, in favour of the fisherman. Health and safety protection Risk assessments. Amended by: L.N. 233 of
3. 78.

(1)It shall be the duty of every owner to carry out an assessment of all the occupational health and safety hazards which may be present on-board the vessel and the resultant risks involved concerning all aspects of the work activity. Such assessments shall consider the risks to the health and safety of the fishermen: Provided that, when carrying out such assessments, the owner shall also take into consideration changes to the work activities being carried out and to the vessel’s structure or operational use, and shall take appropriate action: Provided further that any assessment according to this regulation shall be conducted with the participation of fishermen or their chosen representatives, as appropriate.

(2)The owner shall keep on board the fishing vessel, written or retrievable electronic copies of such assessments, and shall ensure that they are updated regularly. WORK IN FISHING CONVENTION [ S.L. 425.14 23

(3)Such assessments shall be posted in those places which are being addressed by the assessment in such manner as to be clearly readable by the fishermen concerned.

(4)The owner shall implement the protective measures appropriate to the nature of the work being carried out, which are required to be taken following these assessments and, if necessary, the protective equipment to be used, in accordance with recognised industry standards which may be regulated by Maltese law or international treaties.

(5)The assessments referred to in this regulation shall be reviewed whenever there is any major change in working conditions, or whenever the owner or fishermen concerned by the assessments have reason to suspect that they are no longer valid. Regulation 79 - Deleted by: L.N. 233 of 2021. 80. In drawing up occupational health and safety hazards assessments, the owner shall give particular attention to: (

1. a)the duties of the master to take specific responsibility for the implementation of and compliance with the fishing vessel’s occupational health and safety policy and programme; Drawing up of assessments and provision of materials. Amended by: L.N. 233 of 2021. (
2. b)the health and safety of a fisherman under the age of eighteen

(18)years; and (c) his obligation to provide the fishing vessel crew with suitable guidance, training material and, or other appropriate information on how to evaluate and manage risks to safety and health on board the fishing vessel, as appropriate after taking into consideration the crew on board, the area of operation and the duration of the voyage, and the provided guidance, material or information shall form part of the protective measures to be implemented according to regulation 78

(4).

1. The owner shall specify the authority of the fishing vessel’s fishermen appointed or elected as safety representatives to participate in meetings of the fishing vessel’s safety committee. Such a committee shall be established on board a fishing vessel on which there should be five or more fishermen. Safety committee. Regulations 82 - 84: Deleted by: L.N. 233 of
3. or 28;

(1)Any contravention by: (a) the master of a ship, of regulations 23, 26, 27

(3)Penalties. Amended by: L.N. 233 of 2021. 24 [ S.L. 425.14 WORK IN FISHING CONVENTION (

1. b)an employer, of regulation 23; (
2. c)a person authorised by the master of a ship, of regulation 26 or 28; or (
3. d)a company which has assumed the operation of the ship, of regulation 28 or regulation 31, shall be liable to a fine (multa) of not more than one thousand units, for each offence.

(2)Where there is a contravention of regulation 24

(3)or

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

(3)Where there is a contravention of regulation 29

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

(4)Deleted by: L.N. 233 of 2021. Enforcement Duty to ensure compliance during international voyages. 86.

(1)The owner and the master of the fishing vessels engaged in international voyages and fishing vessels flying the Maltese flag and operating from a port, or between ports, in another state, shall ensure that the vessel is also in compliance with the provisions of regulation 87.

(2)The owner and, or the master, if in fault, shall be liable to a fine (multa) not exceeding five hundred units, for each offence. Inspection, detention and other measures in respect of vessels.

1. The competent authority, or an appropriate inspector, may inspect any vessel to which these regulations apply and if satisfied that the vessel is not in compliance with the provisions of these regulations, the competent authority shall take such steps as are considered necessary to ensure that the vessel shall not sail until it can proceed to sea, without presenting an unreasonable threat of harm to the working and living conditions of the fishermen and any expenses incurred therefore shall be a charge on the vessel, so however that the vessel shall not be unduly detained or delayed. Radio and satellite communications. Added by: L.N. 233 of
2. 88.

(1)Unless otherwise provided according to law, the competent authority shall be empowered to designate and, or establish centres to provide fisherman on board fishing vessels and at sea with free medical advice by radio or satellite communication.

(2)Any centre designated and, or established according to sub-regulation

(1)shall have at least one medical doctor trained in the special conditions prevailing on board fishing vessels in general: [ S.L. 425.14 WORK IN FISHING CONVENTION 25 Provided that the Medical Council shall designate said medical doctor or a medical doctor which in its opinion is professionally competent to serve according to this regulation.

(3)The competent authority shall be empowered to order the installation of adequate radio or satellite communication systems on board fishing vessels for the purposes of these regulations: Provided that any such system shall be at the expense of the fishing vessel owner. SCHEDULE I FISHING VESSEL ACCOMMODATION Amended by: L.N. 233 of 2021. GENERAL PROVISIONS 1. This Schedule applies without prejudice to Directive 92/ 29/EEC and Directive 93/103/EC. 2. For the purposes of this Schedule: (

1. a)"Agreement" means the Agreement concluded by the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF), and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) of 21 May 2012 concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organization; (
2. b)"new fishing vessel" means a vessel for which: (
3. i)the building or major conversion contract has taken place on or after the date of the entry into force of the Agreement; or (
4. ii)the building or major conversion contract has taken place before the date of the entry into force of the Agreement, and which is delivered three years or more after that date; or (iii) in the absence of a building contract, on or after the date of the entry into force of the Agreement: (
5. a)the keel is laid; (
6. b)construction identifiable with a specific vessel commences; (
7. c)assembly has commenced 26 [ S.L. 425.14 WORK IN FISHING CONVENTION comprising at least fifty tonnes or one percent of the estimated mass of all structural material, whichever is less; or (
8. d)"existing vessel" means a vessel that is not a new fishing vessel. 3. The following shall apply to all new, decked fishing vessels, subject to any exclusions provided for in accordance with Article 3 of the Agreement. The Director may, after consultation, also apply the requirements of this Schedule to existing vessels, when and in so far as it determines that this is reasonable and practicable. 4. The Director, after consultation, may permit variations to the provisions of this Schedule for fishing vessels normally remaining at sea for less than twenty-four hours, where the fishermen do not live on board the vessel whilst in the port. In the case of such vessels, the Director shall ensure that the fishermen concerned have adequate facilities for resting, eating and sanitation purposes. 5. The requirements for vessels of twenty-four metres in length and over may be applied to vessels between fifteen and twentyfour metres in length where the Director determines, after consultation, that this is reasonable and practicable. 6. Fishermen working on board feeder vessels which do not have appropriate accommodation and sanitary facilities shall be provided with such accommodation and facilities on board the mother vessel. 7. Member States may extend the requirements of this Schedule regarding noise and vibration, ventilation, heating and air conditioning, and lighting to enclosed working spaces and spaces used for storage if, after consultation, such application is considered appropriate and will not have a negative influence on the functioning of the process or working conditions or the quality of the catches. PLANNING AND CONTROL 8. The Director shall satisfy itself that, on every occasion when a vessel is newly constructed, or the crew accommodation of a vessel has been reconstructed, such vessel complies with the requirements of this Schedule. The Director shall, to the extent practicable, require compliance with this Schedule, when the crew accommodation of a vessel is substantially altered and, for a vessel that changes the flag that it flies to the flag of a Member State, require compliance with those requirements of this Schedule that are applicable in accordance with paragraph 3. 9. For the instances specified in paragraph 8, for vessels of WORK IN FISHING CONVENTION [ S.L. 425.14 27 twenty-four metres in length and over, detailed plans and information concerning accommodation shall be required to be submitted for approval to the Director, or an entity authorized by it. 10. For vessels of twenty-four metres in length and over, on every occasion when the crew accommodation of the fishing vessel has been reconstructed or substantially altered, the Director shall inspect the accommodation for compliance with the requirements of the Agreement, and when the vessel changes the flag that it flies to a flag of a Member State, for compliance with those requirements of this Schedule that are applicable in accordance with paragraph 3. The Director may carry out additional inspections of crew accommodation at its discretion. 11. When a vessel changes its flag to a Member State flag, or is registered under a Member State’s plenary jurisdiction, any alternative requirements which the competent authority of a non EU Member State whose flag the ship was formerly flying may have adopted in accordance with paragraphs 15, 39, 47 or 62 of Annex III to C188, shall cease to apply to the vessel. DESIGN AND CONSTRUCTION 12. There shall be adequate headroom in all accommodation spaces. For spaces where fishermen are expected to stand for prolonged periods, the minimum headroom shall be prescribed by the Director. 13. For vessels of twenty-four metres in length and over, the minimum permitted headroom in all accommodation where full and free movement is necessary, shall not be less than two hundred centimetres. 14. There shall be no direct openings into sleeping rooms from fish rooms and machinery spaces, except for the purpose of emergency escapes. Where reasonable and practicable, direct openings from galleys, storerooms, drying rooms or communal sanitary areas shall be avoided, unless expressly provided otherwise. 15. For vessels of twenty-four metres in length and over, there shall be no direct openings, except for the purpose of emergency escapes, into sleeping rooms from fish rooms and machinery spaces, or from galleys, storerooms, drying rooms or communal sanitary areas; that part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or another approved material and shall be watertight and gas-tight. This provision does not exclude the possibility of sanitary areas being shared between two cabins. Openings into and between accommodation spaces. 28 [ S.L. 425.14 WORK IN FISHING CONVENTION INSULATION 16. Accommodation spaces shall be adequately insulated; the materials used to construct internal bulkheads, panelling and sheeting, and floors and joinings shall be suitable for the purpose and shall be conducive to ensuring a healthy environment. Sufficient drainage shall be provided in all accommodation spaces. 17. All practicable measures shall be taken to protect fishing vessels’ crew accommodation against flies and other insects, particularly when vessels are operating in mosquito-infested areas. 18. Emergency escapes from all crew accommodation spaces shall be provided as necessary. NOISE AND VIBRATION 19. Paragraph 20 applies without prejudice to Directive 2003/ 10/EC and Directive 2002/44/EC. 20. The Director shall adopt standards for noise and vibration in accommodation spaces which shall ensure adequate protection to fishermen from the effects of such noise and vibration, including the effects of noise and vibration-induced fatigue. VENTILATION 21. Accommodation spaces shall be ventilated, taking into account climatic conditions. The system of ventilation shall constantly supply fresh air in a satisfactory condition whenever fishermen are on board. 22. Ventilation arrangements or other measures shall be such as to protect non-smokers from tobacco smoke. 23. Vessels of twenty-four metres in length and over shall be equipped with a system of ventilation for accommodation, which shall be controlled so as to maintain the air in a satisfactory condition and to ensure sufficiency of air movement in all weather conditions and climates. Ventilation systems shall be in operation at all times when fishermen are on board. HEATING AND AIR CONDITIONING 24. Accommodation spaces shall be adequately heated, taking into account climatic conditions. 25. For vessels of twenty-four metres in length and over, adequate heat shall be provided, through an appropriate heating system, except in fishing vessels operating exclusively in tropical climates. The system of heating shall provide heat in all conditions, as necessary, and WORK IN FISHING CONVENTION [ S.L. 425.14 shall be in operation when fishermen are living or working on board, and when conditions so require. 26. For vessels of twenty-four metres in length and over, with the exception of those regularly engaged in areas where temperate climatic conditions do not require it, air conditioning shall be provided in accommodation spaces, the bridge, the radio room and any centralized machinery control room. LIGHTING 27. All accommodation spaces shall be provided with adequate light. 28. Wherever practicable, accommodation spaces shall be lit with natural light in addition to artificial light. Where sleeping spaces have natural light, a means of blocking the light shall be provided. 29. Adequate reading light shall be provided for every berth in addition to the normal lighting of the sleeping room. 30. Emergency lighting shall be provided in sleeping rooms. 31. Where a vessel is not fitted with emergency lighting in mess rooms, passageways, and any other spaces that are or may be used for emergency escape, permanent night lighting shall be provided in such spaces. 32. For vessels of twenty-four metres in length and over, lighting in accommodation spaces shall meet a standard established by the Director. In any part of the accommodation space available for free movement, the minimum standard for such lighting shall be such as to permit a person with normal vision to read an ordinary printed newspaper on a clear day. SLEEPING ROOMS General 33. Where the design, dimensions or purpose of the vessel allow, the sleeping accommodation shall be located so as to minimize the effects of motion and acceleration, but shall in no case be located forward of the collision bulkhead. Floor area 34. The number of persons per sleeping room and the floor area per person, excluding space occupied by berths and lockers, shall be such as to provide adequate space and comfort for the fishermen on board, taking into account the service of the vessel. 35. For vessels of twenty-four metres in length and over, but 29 30 [ S.L. 425.14 WORK IN FISHING CONVENTION which are less than forty-five metres in length, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than one point five square metres. 36. For vessels of forty-five metres in length and over, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than two square metres. Persons per sleeping room 37. To the extent not expressly provided otherwise, the number of persons allowed to occupy each sleeping room shall not be more than six. 38. For vessels of twenty-four metres in length and over, the number of persons allowed to occupy each sleeping room shall not be more than four. The Director may permit exceptions to this requirement in particular cases if the size, type or intended service of the vessel makes the requirement unreasonable or impracticable. 39. To the extent not expressly provided otherwise, a separate sleeping room or sleeping rooms shall be provided for officers, wherever practicable. 40. For vessels of twenty-four metres in length and over, sleeping rooms for officers shall be for one person wherever possible, and in no case shall the sleeping room contain more than two berths. The Director may permit exceptions to the requirements of this paragraph in particular cases if the size, type or intended service of the vessel makes the requirements unreasonable or impracticable. Other 41. The maximum number of persons to be accommodated in any sleeping room shall be legibly and indelibly marked in a place in the room where it can be conveniently seen. 42. Individual berths of appropriate dimensions shall be provided. Mattresses shall be of a suitable material. Local lighting shall be provided in each berth. 43. For vessels of twenty-four metres in length and over, the minimum inside dimensions of the berths shall not be less than one hundred and ninety-eight by eighty centimetres. 44. Sleeping rooms shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness. Equipment provided shall include berths, individual lockers sufficient for clothing and other personal effects, and a suitable writing surface. 45. For vessels of twenty-four metres in length and over, a WORK IN FISHING CONVENTION [ S.L. 425.14 desk suitable for writing, with a chair, shall be provided. 46. Sleeping accommodation shall be situated or equipped, as practicable, so as to provide appropriate levels of privacy for men and for women. MESS ROOMS 47. Mess rooms shall be as close as possible to the galley, but in no case shall be located forward of the collision bulkhead. 48. Vessels shall be provided with mess room accommodation suitable for their service. To the extent not expressly provided otherwise, mess room accommodation shall be separate from sleeping quarters, where practicable. 49. For vessels of twenty-four metres in length and over, mess room accommodation shall be separate from sleeping quarters. 50. The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time. 51. For vessels with a length between perpendiculars (LBP) of fifteen metres or over, a refrigerator of sufficient capacity and facilities for making hot and cold drinks shall be available and accessible to fishermen at all times. TUBS OR SHOWERS, TOILETS AND WASHBASINS 52. Sanitary facilities, which include toilets, washbasins, and tubs or showers, shall be provided for all persons on board, as appropriate for the service of the vessel. These facilities shall meet at least minimum standards of health and hygiene and reasonable standards of quality. 53. The sanitary accommodation shall be such as to eliminate contamination of other spaces. The sanitary facilities shall allow for reasonable privacy. 54. Hot and cold running fresh water shall be available to all fishermen and other persons on board, in sufficient quantities to allow for proper hygiene. The Director may establish, after consultation, the minimum amount of water to be provided. 55. Where sanitary facilities are provided, they shall be fitted with ventilation to the open air, independent of any other part of the accommodation. 56. All surfaces in sanitary accommodation shall be such as to facilitate easy and effective cleaning. Floors shall have a non-slip deck covering. 31 32 [ S.L. 425.14 WORK IN FISHING CONVENTION 57. On vessels of twenty-four metres in length and over, for all fishermen who do not occupy rooms to which sanitary facilities are attached, there shall be provided at least one tub or shower or both, one toilet, and one washbasin for every four persons or fewer. LAUNDRY FACILITIES 58. Amenities for washing and drying clothes shall be provided as necessary, taking into account the service of the vessel, except to the extent expressly provided otherwise. 59. For vessels of twenty-four metres in length and over, adequate facilities for washing, drying and ironing clothes shall be provided. 60. For vessels of forty-five metres in length and over, adequate facilities for washing, drying and ironing clothes shall be provided in a compartment separate from sleeping rooms, mess rooms and toilets, and shall be adequately ventilated, heated and equipped with lines or other means for drying clothes. FACILITIES FOR SICK AND INJURED FISHERMEN 61. In addition to the requirements of Directive 92/29/EEC a cabin shall be made available for a fisherman who suffers from illness or injury, whenever necessary. 62. Instead of the requirement laid down in article 2

(3)of Directive 92/29/EEC the following applies: on vessels over five hundred gross registered tonnes (GRT) on which fifteen or more fishermen are engaged on a voyage of more than three days, and on fishing vessels of forty-five metres in length or over, regardless of crew size and duration of voyage, there shall be a separate sick bay in which medical treatment can be administered. The space shall be properly equipped and shall be maintained in a hygienic state. OTHER FACILITIES 63. A place for hanging foul-weather gear and other personal protective equipment shall be provided outside of, but convenient to, sleeping rooms. BEDDING, MESS UTENSILS AND MISCELLANEOUS PROVISIONS 64. Appropriate eating utensils, and bedding and other linen shall be provided to all fishermen on board. However, the cost of the linen can be recovered as an operational cost if the collective agreement or the fisherman’s work agreement so provides. WORK IN FISHING CONVENTION [ S.L. 425.14 RECREATIONAL FACILITIES 65. For vessels of twenty-four metres in length and over, appropriate recreational facilities, amenities and services shall be provided for all fishermen on board. Where appropriate, mess rooms may be used for recreational activities. COMMUNICATION FACILITIES 66. All fishermen on board shall be given reasonable access to communication facilities, to the extent practicable, at a reasonable cost and not exceeding the full cost for the fishing vessel owner. GALLEY AND FOOD STORAGE FACILITIES 67. Cooking equipment shall be provided on board. Except to the extent expressly provided otherwise, this equipment shall be fitted, where practicable, in a separate galley. 68. The galley or cooking area where there isn’t provided a separate galley, shall be of adequate size for the purpose, well lit and ventilated, and properly equipped and maintained. 69. For vessels of twenty-four metres in length and over, there shall be a separate galley. 70. The containers of butane or propane gas used for cooking purposes in a galley shall be kept on the open deck, and in a shelter which is designed to protect them from external heat sources and external impact. 71. A suitable place for provisions of adequate capacity shall be provided which can be kept dry, cool and well ventilated in order to avoid deterioration of the stores, and except to the extent expressly provided otherwise, refrigerators or other low temperature storage shall be used, where possible. 72. For vessels with a length between perpendiculars (LBP) of fifteen metres or over, a provisions storeroom and refrigerator and other low-temperature storage shall be used. FOOD AND POTABLE WATER 73. Food and potable water shall be sufficient, having regard to the number of fishermen, and the duration and nature of the voyage. In addition, they shall be suitable in respect of nutritional value, quality, quantity and variety, having regard as well to the fishermen’s religious requirements and cultural practices in relation to food. 74. The Director may establish requirements for the minimum standards and quantity of food and water to be carried on 33 34 [ S.L. 425.14 WORK IN FISHING CONVENTION board. CLEAN AND HABITABLE CONDITIONS 75. Accommodation shall be maintained in a clean and habitable condition and shall be kept free of goods and stores which are not the personal property of the occupants, or intended for their safety or rescue. 76. Galley and food storage facilities shall be maintained in a hygienic condition. 77. Waste shall be kept in closed, well-sealed containers and removed from food handling areas, whenever necessary. MEDICAL CERTIFICATES 78. Without prejudice to the provisions on medical certificates found in the principal regulations, the medical certificates of fishermen on a fishing vessel of twenty-four metres in length or over who are under the age of eighteen shall be valid for a maximum period of one year. MANNING 79. In relation to vessels of twenty-four metres in length or over, the Director shall establish a minimum level of manning for the safe navigation of the vessel, specifying the number and the qualifications of the fishermen required. 80. The Director, after consultation, may establish alternative requirements to those found in article 79 of this Schedule, however the Director shall be satisfied that the alternative: (

1. i)is conducive to the full achievement of the general object and purpose of article 79 of this Schedule and of the general provisions on hours of work and hours of rest in the principal regulations; (
2. ii)gives effect to article 79 of this Schedule; and (iii) shall not jeopardise the safety and health of the fishermen. INSPECTIONS BY THE SKIPPER OR UNDER THE AUTHORITY OF THE SKIPPER 81. (
3. a)For vessels of twenty-four metres in length and over, the Director shall require frequent inspections to be carried out, by or under the authority of the skipper, to ensure that: WORK IN FISHING CONVENTION [ S.L. 425.14 (
4. i)accommodation is clean, decently habitable and safe, and is maintained in a good state of repair; (
5. ii)food and water supplies are sufficient; and (iii) galley and food storage spaces and equipment are hygienic and in a proper state of repair. (
6. b)The results of such inspections and the actions taken to address any deficiencies found, shall be recorded and available for review. VARIATIONS 82. The Director, after consultation, may permit derogations from the provisions in this Schedule to take into account, without discrimination, the interests of fishermen having differing and distinctive religious and social practices, on condition that such derogations do not result in overall conditions less favourable than those which would result from the application of this Schedule. SCHEDULE II 35 36 [ S.L. 425.14 WORK IN FISHING CONVENTION SCHEDULE III WORK IN FISHING CONVENTION [ S.L. 425.14 37 38 [ S.L. 425.14 WORK IN FISHING CONVENTION SCHEDULE IV FISHERMAN’S WEEKLY RATION Food BREAD Standard Ration per man per week Substitutes Remarks 113g cheese can replace 283g (284ml) milk Only half the ration of milk should be replaced by cheese at any one time. 3.175kg DAIRY PRODUCTS: Milk: Fresh or evaporated or dried skim 3.98L or 1.989L evaporated or 397g dried skim Cheese 113g Eggs, fresh 5 14g dehydrated egg can replace one fresh egg Oranges or grapefruits juice 567g Vitaminized apple juice blended with orange and grapefruit juice, 1 orange or ½ grapefruit (fresh) can replace 113g fruit juice 113g allowed per day Canned tomatoes 454g Tomato juice May be used cold or hot as a vegetable or combined with other foods in cooking Fresh fruit (when available) or canned fruit 567g Dried fruits 142g 57g dried fruit can replace 113g canned fruit or fresh fruit Dried fruits should be raisins, currants, figs, prunes, apples, pears, peaches, apricots FRUITS: VEGETABLES WORK IN FISHING CONVENTION [ S.L. 425.14 Potatoes 3.175kg An equal amount of sweet potatoes, canned potatoes or canned vegetables. 76g dehydrated potatoes can replace 454g fresh potatoes Onions 227g 14g dehydrated onions can replace ½ the fresh onions or 227g of other canned or fresh vegetables can replace 227g onions Fresh, stored or dried in season Canned or fresh 1.814kg 28g dehydrated can replace 227g fresh or canned. 113g dried can replace 227g fresh or canned. A variety of fresh, canned or dehydrated vegetables should be used. Dried vegetables may be navy beans, lima beans, kidney beans, whole dried peas, split peas or lentils Fresh/frozen 3.175kg For each 27g fresh meat, one of the following substitutions may be made: 170g canned meat 151g salt meat 170g fresh fish 113g canned fish 113g dried fish 113g bacon The term "meat" includes all types. The weight of the fresh meat is the weight including fat and bone before cooking preparation Bacon or Ham 283g MEATS: CEREAL: Flour 2.381kg 680g bread can replace 454g flour 39 40 [ S.L. 425.14 WORK IN FISHING CONVENTION Oatmeal 170g (dry weight) Rice or Pasta 340g An equal quantity of one of the following: rolled oats, cracked wheat, rolled wheat, ready-to-serve cereals For the readyto-serve cereals, special preference to those labelled on the package as whole grain should be given FATS: Butter, 454g Lard or Shortening 113g Including for cooking purposes SUGARS: Sugar 794g Includes granulated, brown and icing, includes for cooking purposes Jam 227g An equal quantity of one of the following: marmalade, honey, peanut butter Syrup 57g Molasses Tea 114g 28g coffee can replace 14g tea Water 45L BEVERAGES: For drinking, culinary and dish washing MISCELLANEOUS Cocoa or Chocolate 85g Salt 57g Pepper 7g Tomato paste 100g Mustard 7g Spices 7g Includes all varieties of spices Flavourings 14g Includes all varieties of flavourings Baking powder As acquired WORK IN FISHING CONVENTION Baking soda [ S.L. 425.14 41 As acquired Biscuits As acquired Gelatine or jelly powder As acquired Sauces and pickles As acquired Vinegar As acquired Yeast As acquired When an item of food is substituted for an item in the Schedule, the substituted item shall be taken from the same food group indicated in the Schedule. SCHEDULE V MINIMUM CONTENTS, CONDITIONS AND RIGHTS IN A FISHERMAN’S WORK AGREEMENT 1. The fisherman's family name and other names, date of birth and birthplace. 2. parties. Date and place of conclusion of agreement between the 3. The name of the fishing vessel or fishing vessels on which the fisherman may be asked work, and their registration numbers in the Fishing Vessel Register. 4. The name of the fishing vessel owner. 5. A general indication of the voyages to be undertaken or, if possible, their exact specification. 6. The role taken on board by the fisherman. 7. The first date or dates, as may be known and agreed, when the fisherman is to report on board for work. 8. The wages and, or remuneration due to the fisherman. 9. For definite contracts, the termination date and, or termination method for the fisherman’s work agreement and, if applicable, the port of destination and time after which the agreement is deemed to terminate if the agreement is for a determined voyage. 10. For indefinite contracts, the methods of termination agreed and available to all parties, as well as the applicable notice periods which shall be equal for all parties or longer for the fishing vessel owner if he opts to give a termination notice to the fisherman. Added by: L.N. 233 of 2021. 42 [ S.L. 425.14 WORK IN FISHING CONVENTION 11. A declaration that the fisherman’s work agreement is subject to all the requirements of these regulations and any other law applicable to the working relationship, if such law is not in conflict with these regulations or provides further or more favourable rights to the fisherman when compared to those provided under these regulations. 12. A declaration that nothing provided in the fisherman’s work agreement lessens, derogates or waives any right as applicable to the fisherman according to these regulations and, or any other law. 13. If a collective bargaining agreement is applicable, a specific reference to it must be made. 14. The declaration that the fishing vessel owner shall, without prejudice to any other right or obligation at law, be contractually liable, by virtue of the fisherman’s work agreement, to compensate the fisherman in the event of any sickness or injury due to occupational accident or disease, save if such compensation is covered by the social security system of Malta or any other public system in Malta which is available to the concerned fishermen.