MERCHANT SHIPPING (FISHING VESSEL SAFETY) [ S.L.234.36 1
SUBSIDIARY LEGISLATION 234.36
MERCHANT SHIPPING (FISHING VESSEL 
SAFETY) RULES
1st May, 2004
LEGAL NOTICE 443 of 2003.
Citation and scope.
(Fishing Vessel Safety) Rules.
(2) These rules shall come into force on the 1st May, 2004.
(3) These rules adopt the measures contained in Council
Directive 97/70/EC of 11th December 1997, hereinafter referred to
in these rules as Council Directive 97/70/EC.
Interpretation.
Cap. 234.
''administration of the flag State'' in the case of Maltese fishing
vessels means the Registrar-General and in the case of other fishing
vessels means the competent authority of the State whose flag a
vessel is entitled to fly;
''certificate'' means the certificate of compliance referred to in
rule 6;
''Council Directive'' or ''Council Regulation'' means a directive or
regulation of the Council of the European Union published in the
Official Journal of the European Union, as the case may be;
''existing fishing vessel'' means a fishing vessel which is not a
new fishing vessel;
''fishing vessel'' or ''vessel'' means any vessel equipped or used
commercially for catching fish or other living resources of the sea;
''length'' means, unless provided otherwise, 96% of the total
length on a waterline at 85% of the least moulded depth measured
from the keel line, or the length from the foreside of the stem to the
axis of the rudder stock on that waterline, if that be greater,
provided that in vessels designed with rake of keel the waterline on
which this length is measured shall be parallel to the designed
waterline;
''Maltese fishing vessel'' means a fishing vessel registered under
the Act;
''new fishing vessel'' means a fishing vessel for which:
( a ) on or after 1 January, 1999 the building or major
conversion contract is placed or
( b ) the building or major conversion contract has been
placed before 1 January, 1999, and which is delivered
three years or more after that date; or
( c ) in the absence of a building contract, on or after 1
2 [ S.L.234.36 MERCHANT SHIPPING (FISHING VESSEL SAFETY)
January, 1999:
- the keel is laid, or
- construction identifiable with a specific ship
begins, or
- assembly has commenced comprising at least 50
tonnes or 1% of the estimated mass of all
structural material, whichever is less;
''operating'' means catching or catching and processing fish or
other living resources of the sea without prejudice to the right of
innocent passage in the territorial sea and the freedom of
navigation in the 200 mile exclusive economic zone;
''recognised organisation'' means an organisation or body
authorised in terms of article 367 of the Act or an official surveyor
of ships appointed in terms of that article, duly authorised by the
Registrar-General;
Cap. 226.
''territorial waters of Malta'' means all parts of the open sea
within twelve nautical miles of the coast of Malta, or such other
distance as may be established under article 3 of the Territorial
Waters and Contiguous Zone Act, measured as in that Act provided,
and includes any waters enclosed between the base lines therein
mentioned and the coast;
''the Torremolinos Protocol'' means the Torremolinos Protocol of
1993 relating to the Torremolinos International Convention for the
Safety of Fishing Vessels, 1977.
Applicability of 
rules.
3. These rules apply to seagoing Maltese fishing vessels of 24
metres in length and over, wherever they may be, and to other
seagoing fishing vessels of 24 metres in length and over operating
in the internal or territorial waters of Malta or landing their catch in
Malta. Recreational craft engaged in non-commercial fishing are
excluded from the scope of these rules.
General 
requirements.
4. (1) The provisions of the Annex to the Torremolinos
Protocol shall apply to Maltese fishing vessels, unless Annex I
Adaptation of provisons of the Annex to the Torrermolinos
Protocol for application of Article (1) of Council Directive 97/70/
EC to Council Directive 97/70/EC provides otherwise.
(2) Those requirements in Chapters IV, V, VII and IX of the
Annex to the Torremolinos Protocol, that apply to vessels of 45
metres in length and over, shall also apply to new Maltese fishing
vessels of 24 metres in length and over, unless Annex II Adaptation
of provisons of Chapters IV, V, VII and IX of the Annex to the
Torremolinos Protocol, in accordance with Article 3(4) of the latter,
for application to new fishing vessels with a length of 24 metres
and over to Council Directive 97/70/EC provides otherwise:
Provided that Maltese fishing vessels operating in specific
areas shall comply with the provisions for those areas, as defined in
Annex III Regional and local provisions (Articles 3(3) and 4(1)) to
Council Directive 97/70/EC.
(3) Maltese fishing vessels shall comply with the specific
safety requirements laid down in Annex IV Specific safety
MERCHANT SHIPPING (FISHING VESSEL SAFETY) [ S.L.234.36 3
requirements (Article 3(4)) to Council Directive 97/70/EC.
(4) No fishing vessel shall operate in the internal or territorial
waters of Malta or land their catch in Malta unless it is certified by
the flag State administration that it complies with the requirements
referred to in sub-rules (1), (2) and (3) and in rule 5.
(5) Marine equipment listed in Annex A.1 to Council Directive
96/98/EC and complying with the said Annex, when placed on
board a fishing vessel to comply with these rules, shall be
automatically considered to be in conformity with these rules,
whether or not these rules require that the equipment must be
approved and subjected to tests to the satisfaction of the
administration of the flag State.
Standards for 
design, 
construction and 
maintenance.
5. The standards for the design, construction and maintenance
of hull, main and auxiliary machinery, electrical and automatic
plants of a fishing vessel shall be the rules in force at the date of its
construction, specified for classification by a recognised
organisation or used by the flag State administration.
Surveys and 
certificates.
6. (1) Subject to the provisions of sub-rule (3) the Registrar-
General or a recognised organisation duly authorised by him shall
issue to Maltese fishing vessels complying with the requirements
referred to in rules 4 and 5, a certificate of compliance with the
requirements of these rules and of Council Directive 97/70/EC,
supplemented by a record of equipment and, where appropriate,
exemption certificates.
(2) The Registrar-General shall, subject to the provisions of
these rules and the Torremolinos Protocol, determine the conditions
of issue and validity of such certificates.
(3) The certificate of compliance, record of equipment and and
exemption certificate shall be in the format laid down in Annex V
Forms of Certificate of Compliance, Exemption Certificate, and
Record of Equipment to Council Directive 97/70/EC or as near
thereto as circumstances permit.
(4) The certificates referred to in sub-rule (1) shall be issued
after an initial survey, carried out by the exclusive surveyors
appointed in terms of article 367 of the Act or by the exclusive
surveyors of a recognised organisation or of a Member State of the
European Union authorised by the Registrar-General to carry out
surveys, in accordance with Regulation 6, paragraph (1)(a) of
Chapter 1 of the Annex to the Torremolinos Protocol.
(5) The periods of validity of the certificates referred to in sub-
rule (1) shall not exceed those established in Regulation 11 of
Chapter 1 of the Annex to the Torremolinos Protocol. A renewal of
the certificate of compliance, shall be issued after periodical
surveys, in accordance with Regulation 6 of Chapter 1 of the Annex
to the Torremolinos Protocol, have been carried out.
Control provisions.
fishing vessels when in Maltese inland or territiorial waters or in
Malta ports shall be subject to control by the Registrar-General, in
accordance with Article 4 of the Torremolinos Protocol and without
4 [ S.L.234.36 MERCHANT SHIPPING (FISHING VESSEL SAFETY)
discrimination with regard to flag or nationality of the operator, in
order to verify that they comply with these rules.
Duty to ensure 
compliance.
8. It shall be the duty of the owner, of the company which has
assumed the operation of the vessel and the skipper to ensure that
the vessel is in compliance with the provisions and requirements of
these rules and such person, if in fault, shall be liable to the
penalties provided for in the Act, and if no such penalty is
provided, such person shall, for each offence, be liable to a fine
( multa ) not exceeding five hundred units.
