B 1668
L.N. 233 of 2021
FISHERIES CONSERV ATION AND MANAGEMENT ACT
(CAP. 425)
Work in Fishing Convention (Amendment) Regulations, 2021
 IN EXERCISE of the powers c onferred by article 38 of the
Fisheries Conservation and Mana gement Act, the Minister for
Agriculture, Fisheries, Food and Animal Rights, has made the
following regulations:-
Citation.
S.L. 425. 14.1. The title of these regulations is the Work in Fishing
Convention (Amendment) Regulations, 2021 and these regulations
shall be read and construed as one with the Work in Fishing
Convention Regulations, hereinafte r referred to as the "princip al
regulations".
Amends 
regulation 1 of the principal 
regulations.2. Immediately after sub-regulation (2) of regulation of
regulation 1 of the principal re gulations, there shall be added  t h e
following new sub-regulations:
S.L. 234. 34.
S.L. 234. 36."(3) Notwithstanding anyt hing provided in these
regulations, these regulations shall apply without
prejudice to the provisions of the Merchant Shipping
(Fishing Vessels) (Minimum Safety and Health
Requirements) Regulations and the Merchant Shipping(Fishing Vessel Safety) Rules:
Provided that in case of conflict between the
provisions of these regulati ons and the provisions of the
aforesaid regulations, the pr ovisions 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 boardvessels, 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 o f these regulations shall
apply.",
VERŻJONI ELETTRONIKA
B 1669
Amends 
regulation 2 of 
the principal regulations.3. Regulation 2 of the principal regulations shall be
renumbered as sub-regulation (1) and it shall be amended as fol lows:
(a) the definition  "compet ent authority" shall be
substituted by the following new definition:
" "competent authority" means any public body,
department, agency, authority, specialised units,
commissions, boards or entities established for the exercise
of a public authority according to law, or any other person
or body otherwise subject to t he control of the Government
of Malta, which may according to law be responsible for aparticular issue, sector or obl igation, excluding the Director
or the Department of Fisheries and Aquaculture;";
(b) the definition  "consulta tion" shall be substituted by
the following new definition:
" "consultation" means that the Director shall discuss
with the Board any relevant matter requiring consultationaccording to these regulations;";
(c) the definition  "fishing vessel" or "vessel" shall be
substituted by the following new definition:
" "fishing vessel" or "vessel" means a local fishing
vessel engaged in commercial fishing;";
(d) the definition  "fisherman" shall be substituted by the
following new definition: 
" "fisherman" means any person involved in any work
and in any capacity on board any fishing vessel, inclusive
of self-employed fisherman providing services on board a
fishing vessel, but excluding port pilots and shore
personnel carrying out work on board a fishing vessel at thequay side;";
(e) immediately following the definition  "master" there
shall be added the fol lowing new definition: 
(f) the definition "night" shall be substituted by the
following new definition:
" "night" means the period between 9 p.m. on any oneCap. 464." "Medical Council" shall have the same meaning
as assigned to it in the Health Care Professions Act;"
VERŻJONI ELETTRONIKA
B 1670
day and 6 a.m. on the following day;"; 
(g) in the definition  "safe manning document",
immediately after the words "i ssued in case of Maltese vessel"
there shall be added the wo rds "by the Director or"; and
(h) immediately after the words "made under the Act."
there shall be added the following new sub-regulation:
"(2) Save as otherwise provi ded in these regulations,
the definitions provided for in  the Act are to apply to these
regulations.".
Substitutes 
regulation 3 of 
the principal regulations.4. Regulation 3 of the principal regulations shall be
substituted by the fol lowing new regulation:
Amends regulation 5 of 
the principal 
regulations.5. Regulation 5 of the principal regulations shall be
renumbered as sub-regulation (1) and it shall be amended as fol lows:
(a) sub-regulation (1) thereof shall be amended as
follows:
(i) paragraph (a) thereof shall be substituted by the
following new paragraph:"Applicability. 3. (1) Save as otherwise provided in these
regulations, these regulations shall apply for all
fisherman on board all fishing vessels and for all fishingvessels.
(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 bedetermined by the Director, following consultation with
the Board.
(3) The Director may, on objective grounds, after
consultation and whenever the application of theseregulations raises special pr oblems of a substantial nature
in the light of the particul ar conditions of service of the
fisherman or of the fishing vessels' operations concerned,exclude limited categories of  fishermen or fishing vessels
from the requirements of these regulations or from
certain of its provisions:
Provided that any exclusions shall not apply
after the 16th November 2022.".
VERŻJONI ELETTRONIKA
B 1671
"(a) all fishermen working on his vessel have
concluded a written fisher man'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;";
(ii) paragraph (b) thereof s hall be substituted by the
following new paragraph:
"(b) a fisherman’s work agreement shall
include articles providing the details, declarations,conditions and rights required according to ScheduleV and in the absence thereof shall be deemed invalid
at law, without prejudice to the rights of the
fisherman according to these regulations andparticularly of Schedule V;"; 
(b) immediately after paragra ph (d) of sub-regulation (1)
thereof there shall be added the  following new sub-regulation:
"(2) Sub-regulation (1) shal l not apply to any fishing
vessel owner who is also single-handedly operating thevessel.".
Amends 
regulation 6 of the principal 
regulations. 6. Regulation 6 of the principal regulations shall be
renumbered as sub-regulation (1) and it shall be amended as fol lows:
(a) in paragraph (b) thereof, the word  "and" shall be
deleted;
(b) in paragraph (c) thereof, the words "of these
regulations." shall be substituted by the words "of these
regulations; and"; 
(c) immediately after paragraph (c) thereof, the
following new paragraphs shall be added:
"(d) he establishes on board procedures for the
prevention, investigation and reporting of occupationalaccidents, injuries and diseases, taking into account the
specific hazards and risks on the fishing vessel concerned;
(e) every fisherman on board is provided with
appropriate personal protecti ve clothing and equipment,
and has received basic safe ty training approved by the
competent authority; and
VERŻJONI ELETTRONIKA
B 1672
(f) fishermen are sufficiently and reasonably
familiarized with equipment and its methods of operation,
including relevant safety me asures, prior to using the
equipment or participating in the operations concerned."
and immediately thereafter there shall be added the
following new sub-regulations:
"(2) The requirements of s ub-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 ofoperation and the duration of the voyage.". 
Substitutes 
regulation 8 of 
the principal regulations.7. Regulation 8 of the principal regulations shall be
substituted by the following new regulation:
"Manning. 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:
Provided that for fishing vessels of twenty-
four metres in length or over,  the Director shall establish
a minimum level of manning for the safe navigation of
the fishing vessel, specifying the number and the
qualifications of the fishermen required.
(2) All fishing vessels shall be operated under the
control of a competent master.
(3) Without prejudice to the obligations of the
master at law, the owner of the fishing vessel shall be
responsible for the fulfilment of all obligations under this
regulation.
(4) Whenever conditions are prescribed
according to sub-regulation (1), said conditions shall bedeemed 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 conditionsof a fishing licence accordi ng to the provisions of the
Act.
(5) Any conditions prescribed according to sub-
regulation (1) shall be communicated to the owner of thefishing vessel or to its registered master.
VERŻJONI ELETTRONIKA
B 1673
Amends 
regulation 10 of 
the principal 
regulations.8. Regulation 10 of the principal regulations shall be amended
as follows:
(a) in paragraph (e) thereof, the words "are facilitated."
shall be substituted by the words "are facilitated;" and
immediately thereafter there shall be added the following new
paragraphs:
"(f) that fishermen are trained in the handling of the
types of fishing gear they will use and in the knowledge ofthe fishing operations in which they will be engaged;
(g) that the fishing vessel is stocked with adequate
quantities of medical products and equipment as adequateaccording to the nature of the voyage, the area of operation,the crew, the type of work performed by all fishermen and
the cargo of the fishing vessel;
(h) that himself, or his de legate, 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 theneeds involved, and it shall also be inclusive of and
according to what is referred under Annex V of CouncilDirective 92/29/EEC of 31 March 1992 on the minimumsafety and health requirements for improved medical
treatment on board vessels, as in force from time to time;
(i) that medical supplies are accompanied by one
or more guides to their use, including instructions for use ofat least the antidotes require d in Annex II section III of
Council Directive 92/29/EEC of 31 March 1992 on the
minimum safety and health requirements for improved(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 n o such suspension shall
apply when it is proven that any said default wasnecessary as a result of any force majeure  or distress
during the operation of the fishing vessel.". 
VERŻJONI ELETTRONIKA
B 1674
medical treatment on board vesse ls, as in force from time to
time, and said guides shall be in a language and format
understood by himself or his delegate according toparagraph (h);
(j) that the fishing vessel carries a medical guide
adopted or approved by the Medical Council inconsultation with the Director, or the latest edition of the
International Medical Guide for Ships."; and
(b) immediately after sub-regulation (2) thereof, there
shall be added the follo wing new sub-regulations:
"(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 perfor m his obligati ons 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 vess e l  o w n e r  d i d  n o t  e n g a g e  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.".
Substitutes 
regulation 12 of 
the principal 
regulations.9. Regulation 12 of the principal regulations shall be
substituted by the following new regulation:
"Minors
acting as 
fishermen.12. (1) Subject to the provisions of this
regulation, no person under the ag e of sixteen years shall
work on any local fishing vessel.
(2) Without prejudice to sub-regulation (3) and
any other law, particularl y those relating to work by
persons under eighteen (18) years of age and laws on
compulsory schooling, the Di rector may, in accordance
with these regulations and under certain conditions,authorise persons aged fifteen (15) years of age and olderto work on a local fishing vessel for the purposes of
vocational training:
VERŻJONI ELETTRONIKA
B 1675
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 consulta tion, 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 regulatio n 24, as applicable pro rata for
the authorised periods of work:
Provided further that regulations 25 and 27
shall be inapplicable for persons of fifteen (15) years ofage who are engaged in work according to thisregulation.
(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 inwhich they are carried out are likely to jeopardise the
health, safety, physical, me ntal or social development,
education or morals of such persons:
Provided that, without prejudice to the
generality of this obligati on, the Director may, after
consultation and consideration of the risks concerned andapplicable international standards, establish a list of
activities which shall be deem ed to jeopardise the health,
safety, physical, mental or social development, education
or morals of persons aged le ss than eighteen (18) years
for the purposes of this regulation.
(4) The performance of the activities referred to
in sub-regulation (3) by persons of sixteen (16) and
seventeen (17) years of age may be authorised by the
Director, after consultation, on condition that the health,
safety, physical, mental and social development,education and morals of th e young persons concerned are
fully protected and that the young persons concernedhave received adequate specific instruction or vocationaltraining and have completed basic pre-sea safety
training:
Provided that the authorisation for such work
is indispensable for the vocat ional training of the person
concerned and said work is p erformed at all times under
the supervision of a person competent for theoccupational health and safety of all those present on
board the fishing vessel.
VERŻJONI ELETTRONIKA
B 1676
Substitutes 
regulation 13 of 
the principal regulations.10. Regulation 13 of the principal regulations shall be
substituted by the fol lowing new regulation:
Amends regulation 14 of 
the principal 
regulations.11. Regulation 14 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) Subject to the provisi ons 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 acertificate granted by a duly qualified medical practitioner
certifying that the person is fit to be employed in that
capacity:
Provided that the medical practitioner issuing"
Minors' night 
work.13. (1) Without prejudice to the provisions of
this regulation and notwithst anding the provisions of any
other law, no fisherman under the age of eighteen (18)years shall work at night. 
(2) If authorised to work according to regulation
12, and notwithstanding sub-regulation (1), the Director
may allow work at night by a fisherman under the age of
eighteen (18) years if:
(a) the effective training of the fishermen
concerned, in accordance with establishedprogrammes and schedules , would be impaired; or
(b) the specific nature of the duty or a
recognized training programme requires that the
fishermen concerned perf orm duties at night and
the Director determines, after consultation, that the
work will not have a detrimental impact on their
health or well-being:
Provided that any such night work shall be
performed at all times under the supervision of a person
competent for the occupational health and safety of allthose 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 e xceptional nature.".
VERŻJONI ELETTRONIKA
B 1677
the medical certificate shall e xplicitly declare that the same
has been issued in accordance with regulation 15.";
(b) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation:
"(2) The Director may, afte r consultation, dispense
with the requirement under sub-regulation (1), after taking
into account the safety and heal th 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."; and
(c) in sub-regulation (3) the words "the competent
authority" shall be substituted by the words "the Director".
Amends 
regulation 15 of 
the principal regulations.12. In regulation 15 of the principal regulations, the words
"competent authority" shall be s ubstituted by the words "Medica l
Council in consultation with the Director". 
Amends 
regulation 16 of 
the principal regulations.13. In sub-regulation (1) of regulation 16 of the principal
regulations, the text "or in the case of a certificate solely concerning
eyesight, by a person recognised by the competent authority," s hall be
substituted by the words "or in the case of a certificate solel y
concerning eyesight, by a person recognised by the Medical Coun cil
upon a reference for such  purpose by the Director,".
Amends 
regulation 17 of 
the principal 
regulations.14. In sub-regulation (3) of regulation 17 of the principal
regulations, the words "or until  the next port of call, whichev er is the
earliest, where the fisherman i s to obtain a medical certificat e from a
qualified medical practitioner, p rovided that the period shall not
exceed three months" shall be deleted.
Substitutes 
regulation 20 of 
the principal regulations.15. Regulation 20 of the principal regulations shall be
substituted by the fol lowing new regulation:
"Medical
review .20. (1) In relation to matters concerning the
medical certificate as provide d 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 thefisherman, as may be appointed by the Medical Council
upon a reference of the case by the Director, in any one of
the following cases:
VERŻJONI ELETTRONIKA
B 1678
(a) upon the refusal of a medical
practitioner to issue a medical certificate to the
fisherman, in all cases, and including those in which
the medical reasons for such a refusal have
disappeared; 
(b) upon any limitation imposed by or
referred to in the medical certificate;
(c) upon the suspension for a period of more
than three (3) months or the cancellation of that
certificate by a medical p ractitioner 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 themedical practitioner issued a medical certificate
nonetheless attesting that t he 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 alsodetermine the medical practiti oners 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 lackthereof, is under review, the medical referee may issuethe applicant under sub-regulation (1) with a new medical
certificate and in doing so he may provide such
restrictions as he deems appropr iate 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 whenand as issued by the relev ant medical practitioner:
Provided further that when a medical referee
issues a new medical certificate according to this sub-regulation, any medical cer tificate reviewed in the
process shall from that moment cease to have any validityfor the purposes of t hese 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.
VERŻJONI ELETTRONIKA
B 1679
Amends 
regulation 25 of 
the principal regulations.16. Regulation 25 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) The Director may, afte r consultation, authorise
collective agreements permitting exceptions to the limits in
sub-regulations (1) and (2) of  regulation 24, but shall have
due regard for the general principles for the protection of
the health and safety of the fishermen."; and
(b) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation: 
"(2) In the absence of any collective agreement, or if
the Director determines that the provisions in the
agreement are inadequate, the Director shall determinesuch provisions to ensure t he fishermen concerned have
sufficient rest.".
Substitutes 
regulation 28 of 
the principal 
regulations.17. Regulation 28 of the principal regulations shall be
substituted by the following new regulation:
"28. A record of a fisherman’s daily hours of rest shall be
maintained by the master, or a p erson 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.".
Substitutes regulation 31 of the principal 
regulations.18. Regulation 31 of the principal regulations shall be
substituted by the fol lowing new regulation:
Deletes 
regulation 32 of the principal 
regulations.19. Regulation 32 of the principal re gulations shall be deleted.(4) The medical referee shall conclude his review
no later than two months from when the application for
review is referred to him toge ther with all the supporting
documentation provided by the applicant.".
"Information 
on night 
duties.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.".
VERŻJONI ELETTRONIKA
B 1680
Deletes 
regulations 34 
to 56 of the principal 
regulations.20. Regulations 34 to 56 of the principal regulations shall be
deleted.
Substitutes 
regulation 57 of the principal 
regulations.21. Regulation 57 of the principal regulations shall be
substituted by the following new regulation::
"Repatriation. 57. (1) When a fishing vessel is in a port outside
Malta's jurisdiction, or at s ea and heading towards such a
port, the master and owner of the fishing vessel shall do
all that is reasonably required so as to repatriate afisherman to Malta, in any one of the following
circumstances:
(a) when the fisherman's work agreement
has expired;
(b) when the fisherman's work agreement
has been terminated for ju stified reasons by one or
more of the parties to that agreement; or
(c) when the fisherman is no longer able to
carry out the duties required under the fisherman's
work agreement or cannot be expected to carry out
those duties in the specific circumstances of the
fisherman and the fishing vessel:
Provided that when a fishing vessel is bound
to return to Malta, or to a port outside the jurisdiction ofMalta in the circumstances provided under sub-
regulation (4), and such a return is planned within a
maximum period of a week fr om 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 berepatriated within a reasonable time or should the fishing
vessel owner refuse to repatriate the fisherman, thefisherman may opt to repatriat e himself at his expense:
VERŻJONI ELETTRONIKA
B 1681
Deletes 
regulations 58 and 59 of the principal 
regulations.22. Regulations 58 and 59 of the pri ncipal regulations shall be
deleted.
Amends 
regulation 60 of the principal 
regulations.23. Regulation 60 of the principal regulations shall be amended
as follows:
(a) the marginal note thereof shall be substituted by the
words  "Abandonment of fishermen."; 
(b) sub-regulations (2) to (7) thereof shall be deleted; and
(c)  the words "employment agreement" shall be
substituted by the words "work agreement".Provided further that any repatriation
expenses paid for by the fi sherman shall be without
prejudice to his right accor ding to law to recover such
expenses and any applicable damages from the fishing
vessel owner when the latter were obliged to bear suchcosts 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 ha ve the right to recover any
repatriation costs suffered b y them, without prejudice to
any applicable damages according to law.
(4) The fisherman and the fishing vessel owner,
may agree in writing to repat riate the fisherman outside
the jurisdiction of Malta:
Provided that a copy of such agreement is
delivered to the Director upon request or in any case not
later than the working day following the return of the
fishing vessel within the jurisdiction of Malta.
(5) The provisions of this regulation are without
prejudice to any right of th e fishing vessel owner to
recover repatriation costs unde r third party contractual
agreements.
(6) In case the fishing vessel owner does not
cover the repatriation expenses of a fisherman and thefisherman is not reasonably capable of covering those
expenses according to sub-regulation (2), the
Government of Malta shall cover those expenses:
Provided that the Government of Malta shall
have a right to recover the same expenses from the
fishing vessel owner.".
VERŻJONI ELETTRONIKA
B 1682
 Deletes heading 
of the principal 
regulations.24. The heading "Deceased or distr essed fishermen" shall be
deleted. 
Deletes 
regulations 61 to 71 of the 
principal 
regulations.25. Regulations 61 to 71 of the principal regulations shall be
deleted.
Substitutes regulation 72 of 
the principal 
regulations.26. Regulation 72 of the principal regulations shall be
substituted by the fo llowing new regulation:
Amends regulation 73 of 
the principal 
regulation.27. Regulation 73 of the principal regulations shall be amended
as follows: 
(a) the marginal note thereof shall be substituted by the
words "Food and accommodation. Schedule IV .";
(b) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) All fishing vessels s hall be in compliance with
the minimum guideli nes on food and weekly rations set out
in Schedule IV and such rations shall be of sufficient
nutritional value and of adequate quality.";"Crew list. 72. (1) The master of the fishing vessel shall be
responsible to draw up a crew list, in writing, for everyfishing trip.
(2) A copy of the crew list shall be submitted to
the Director immedia tely before leaving port:
Provided that the master of the fishing vessel
may also communicate the cont ents of the crew list to the
Director immediatel y after leaving port:
Provided further that the  master of the fishing
vessel shall provide the Direct or with a copy of the crew
list immediately aft er 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 li st 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.".
VERŻJONI ELETTRONIKA
B 1683
(c) in sub-regulation (2) thereof, the words "The
competent authority" shall be substituted by the words  "The
Director"; and
(d) immediately after sub-re gulation (2) thereof there
shall be added the follo wing new sub-regulations:
"(3) All guidelines published according to this
regulation shall be presumed to provide the following
requirements:
(a) that the food and water provided
according to these regulations shall be at no cost to
the fisherman and of adequate quality, and noagreement to the contrary shall be deemed valid at
law; and
(b) that nothing in said guidelines shall
provide for lesser rights to fishermen as otherwiseavailable or allowable according to law.
(4) Guidelines published according to this
regulation shall consider the p rovisions of Sch edule IV as a
minimum, and any provisions in said guidelines in relation
to matters provided under Schedule IV shall consider thesame and may provide for mor e favourable provisions for
fishermen.
(5) The Director may, following consultation,
exempt categories of fishing ve ssels from the application of
this regulation.".
Deletes 
headings of the 
principal 
regulations.28. The headings "HEALTH AND SOCIAL WELFARE
SER VICES" and "Owner’s liability for medical care" of the princ ipal
regulations shall be deleted. 
Deletes regulations 74 and 75 of the 
principal 
regulations.29. Regulations 74 and 75 of the pri ncipal regulations shall be
deleted.
Substitutes regulation 76 of 
the principal 
regulations.30. Regulation 76 of the principal regulations shall be
substituted by the following new regulation: 
"Medical 
assistance.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 fishe rman on board is competent to
provide medical first aid. 
VERŻJONI ELETTRONIKA
B 1684
Substitutes 
regulation 77 of 
the principal 
regulations.31. Regulation 77 of the principal regulations shall be
substituted by the following new regulation:(2) Save if they are medical doctors, fishermen in
charge of medical care on boa rd 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 treatmentin the event of a work-relate d injury, any serious injury or
illness occurring to him.
(4) When fishermen working on a fishing vessel
are on board or outside the j urisdiction of Malta, the
fishing vessel owner shal l be responsible for the
fishermen’s necessary:
(a) health protection; and, or 
(b) medical care; 
(c) medical support;
(d) medical assistance;
(e) medical treatment; and, or
(f) for their general well-being.
(5) All expenses in relation to this regulation shall
be borne by the fishing vessel owner, up to the moment of
a fisherman’s repatriation if applicable, unless therelevant 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 fishermanaccess to private medical services at the expense of thefishing vessel owner:
Provided further that anything done according
to this regulation shall be at no cost to the fisherman.".
"
Liability. 77. 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 anydefault thereof:
VERŻJONI ELETTRONIKA
B 1685
Amends 
regulation 78 of 
the principal regulations.32. Regulation 78 of the principal regulations shall be amended
as follows:
(a) in the proviso to sub-regulat ion (1) thereof, the words
"shall take appropriate action." shall be substituted by the wo rds
"shall take appropriate action:" and immediately thereafter the re
shall be added the following new proviso: 
"Provided further that any assessment
according to this regulati on shall be conducted with the
participation of fishermen or their chosen representatives,
as appropriate.".
Deletes of regulation 79 of the principal 
regulations.33. Regulation 79 of the principal re gulations shall be deleted.
 Amends 
regulation 80 of the principal 
regulations.34. Regulation 80 of the principal regulations shall be amended
as follows:
(a) the marginal note thereof shall be substituted by the
words "Drawing up of assessments  and provision of materials.";
(b) paragraph (a) thereof, the  words "safety policy and
programme; and" shall be substit uted by the words "safety polic y
and programme;"; 
(c) in paragraph (b) thereof, the words "the age of
eighteen years." shall be substituted by the words "the age of
eighteen (18) years; and"; and im mediately thereafter there sha ll
be added the following new paragraph:
"(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, asProvided that the fishing vessel owner may
defend himself by proving that any such default is notdue 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 shallgive rise to liability in solidum  against the master and the
fishing vessel owner, in fa vour of the fisherman.".
VERŻJONI ELETTRONIKA
B 1686
appropriate after taking into  consideration the crew on
board, the area of ope ration and the dura tion 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).".
Deletes heading 
of the principal regulations.35. The heading "Complaints" of th e principal regulations shall
be deleted. 
Deletes 
regulations 82 
to 84 of the principal 
regulations.36. Regulations 82 to 84 of the principal regulations shall be
deleted.
Amends 
regulation 85 of the principal 
regulations.37. Sub-regulation (4) of regulation 85 of the principal
regulations shall be deleted. 
Adds new 
regulation to the principal 
regulations.38. Immediately after regulation 87 there shall be added the
following new regulation:
Amends 
Schedule I to 
the principal 
regulations.39. In Schedule I to the principal regulations, the words
"competent authority" wherever th ey occur, with the exception of item
11, shall be substitute d by the word "Director".
Adds new Schedule to the principal regulations. 40. Immediately after Schedule IV  to the principal regulations
there shall be added the following new Schedule: "Radio and
satellite communicatio
ns.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 medicaladvice 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 vesse ls in general:
Provided that the Medical Council shall
designate said medical doctor or a medical doctor which
in its opinion is professionally competent to serveaccording 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.".
VERŻJONI ELETTRONIKA
B 1687
 "Schedule V
MINIMUM CONTENTS, CONDI TIONS AND RIGHTS IN A 
FISHERMAN’S WORK AGREEMENT
1. The fisherman's family name and other names,  date of birth
and birthplace.
2. Date and place of conclusion of agreement between the
parties.
3. The name of the fishing vessel or fishing vessels on which
the fisherman may be asked wor k, 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 ex act 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 ag reement
is deemed to terminate if the agreement is for a determined voy age.
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.
1 1 . A  d e c l a r a t i o n  t h a t  t h e  f i s herman’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 c onflict
with these regulations or provide s further or more favourable rights to
the fisherman when compared to those provided under theseregulations.
12. A declaration that nothing provided in the fisherman’s
work agreement lessens, derogates or waives any right as applic able to
the fisherman according to these regulations and, or any other law.
13. If a collective bargaining agreement is applicable, a
VERŻJONI ELETTRONIKA
B 1688
specific reference to it must be made.
14. The declaration that the fishing vessel owner shall, without
prejudice to any other right or obl igation at law, be contractu ally
liable, by virtue of the fisherman’s work agreement, to compens ate the
fisherman in the event of any si ckness or injury due to occupat ional
accident or disease, save if such compensation is covered by the social
security system of Malta or any other public system in Malta wh ich is
available to the concerned fishermen.".
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper
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