Merchant Shipping Act (Cap. 234), article 375

375. (1) For the purposes of the Ratification of Treaties Act , the Government of Malta is hereby empowered to ratify, or acced e to the treaties or conventions (including protocols, annexes an d appendices thereto) referring to merchant shipping listed in su b- article (2), and the Minister may upon the ratification or acce ssion of any of the said treaties or conventions make regulations giv ing effect to the provisions thereof , and such power shall include the power to provide that any provision of this Act inconsistent wi th the provisions of any such treaty or convention shall no longer apply. (2) The treaties and conventions t o which sub-article (1) refers are the following: (a) International Convention on Salvage signed in London on the 28th April 1989; (b) International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea signed in London on the 3rd May 1996; (c) International Convention for Safe Containers signed in Geneva on the 2nd December 1972; (d) Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 signed in Torremolinos on the 2nd April 1993; (e) International Convention on Maritime Liens and Mortgages signed in Geneva on the 6th May 1993; M E R C H A N T S H I P P I N G [CAP. 234. 173 (f) International Convention on Arrest of Ships, 1999 signed in Geneva on the 12th March 1999; (g) International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships, 1952 signed in Brussels on 10 May 1952; (h) Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 signed in London on 16 May 2003; (i) Protocol of 2005 to the International Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 signed in London on 14 October 2005; (j) Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continenta l Shelf, 1988 signed in London on 14 October 2005; (k) Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of H azardous and Noxious Substances by Sea, 1996 signed in London on 30 April 2010; (l) International Convention on Standards of Training, Certification and Watchkeep ing for Fishing Vessel Personnel signed in London on 7 July 1995; (m) Agreement concerning specifi c stability requirements for ro-ro passenger ships undertaking regular scheduled international voyages between or to or from designated ports in North West Europe and the Baltic Sea signed in Stockholm on 27-28 February 1996; (n) 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 signed in L ondon on 7 November 1996; (o) Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 signed in Cape Town on 11 October 2012; (p) United Nations Convention on the International Effects of Judicial Sales of Ships; (q) International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 signed in Brussels on 29 November 1969; (r) the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil, 1973 signed in Lo ndon on 2nd November, 1973; (s) Seafarers’ Identity Docume nts Convention (Revised), 2003 (No.185) signed in Geneva on 19 June, 2003. (3) The Minister shall upon the ratification or accession of any 174 CAP. 234.] MERCHANT SHIPPING treaty or convention to which this article refers publish a not ice in the Gazette stating the date on which such treaty or convention shall come into force with regard to Malta. (4) The House of Representatives may by resolution add to the list of treaties or conventions in sub-article (2). (5) Any reference in this article to a treaty or a convention or a protocol shall include referen ce to any amendment to such treat y or convention or protoco l ratified, acced ed to or accepted by the Government of Malta. M E R C H A N T S H I P P I N G [CAP. 234. 175 A. i. The fee on registration and the annual fee for non-tonnage tax ships shall be as follows: Substituted by: L.N. 37 of 1989;  L.N. 152 of 1989. Amended by: L.N. 86 of 1993. Substituted by: L.N. 125 of 1995; L.N. 278 of 2002. Amended by: L.N. 340 of 2002; Substituted by: L.N. 411 of 2007; L.N. 439 of 2007; L.N. 170 of 2011. Amended by: L.N. 83 of 2012. L.N. 127 of 2018. FIRST SCHEDULE [Article 6] Registration Fees Ships Fee on Registration Annual Fee Basic Fee Register Fee (i) Ships less than 24 metres length overall a. Fishing Vessel €70 €25 €36 b. Commercial Yacht €115 €150 €250 c. Pleasure Yacht less than 50 gross tonnage €115 €25 €175 All other ships of less than 24 metres length overall d. less than 50 gross tonnage €115 €25 €400 e. of 50 gross tonnage or more €150 Ships of 24 metres length overall or more (ii) Pleasure Yacht 25 cents per net tonnage subject to minimum of €187.50 €255 40 cents per net tonnage subject to minimum of €400 (iii) Commercial Y acht which does not fall under category (iv) Rates as appear in para B €625 for year of registration Rates as appear in para B €1095 thereafter 176 CAP. 234.] MERCHANT SHIPPING A.ii. The fee on registration and the annual fee for tonnage tax ships shall be as follows: (iv) Non-propelled Barge, bareboat charter registered in a foreign registry, laid up or under construction excluding ships in category (ii) Rates as appear in para B subject to reduction as appear in para C €150 Rates as appear in para B subject to reduction as appear in para C(v) Commercial Vessel and Fishing Vessel less than 2500 gross tonnage and do not fall under category (ii), (iii) and (iv) above €255 (vi) All other ships of 24 metres length overall or more and do not fall under categories (ii), (iii), (iv) and (v) above a. Ship less than 300 gross tonnage Rates as appear in para B subject to reduction as appear in para C €370 for year of registration Rates as appear in para B subject to reduction or increase as appear in para C €840 thereafter b. Ship of 300 gross tonnage or more €625 for year of registration €1095 thereafter Ships Fee on Registration Annual Fee Basic Fee Register Fee Tonnage Tax (i) Ships less than 24 metres length overall a. Commercial Yacht €115 €150 €100 €250 b. less than 50 gross tonnage €115 €25 €350 €400 c. of 50 gross tonnage or more €150 (ii) Ships of 24 metres length overall or more a. Commercial Yacht Rates as appear in para B €625 for year of registration Rates as appear in para B Rates as appear in para B€1095 thereafter M E R C H A N T S H I P P I N G [CAP. 234. 177 A.iii Subject to the provisions of article 7(4), when there is a c h a n g e i n t h e particulars or category of a registered ship and the new applic able fee or tonnage tax payable on registration or annually is higher than that already payable, the provisions of article 19(7) in respect of laid up vessels shall, mutatis mutandis, apply. B. The rates per net tonnage payable on registration, annual reg ister fee and annual tonnage tax when referred to in paragraph A.i and A.ii: b. Ship less than 300 gross tonnage Rates as appear in para B subject to reduction as appear in para C €370 for year of registration Rates as appear in para B subject to reduction or increase as appear in para C Rates as appear in para B subject to reduction or increase as appear in para C €840 thereafter c. Ship of 300 gross tonnage or more €625 for year of registration €1095 thereafter Ship of Net Tonnage (NT) Fee on Registration Annual Register Fee for non- tonnage tax ships Annual Register Fee for tonnage tax ships Annual Tonnage TaxExceeding Not Exceeding 0 6,250 €1562.50 €2,500 €500 €2,500 6,250 8,000 €1562.50 plus 25 cents for every NT in excess of 6,250 NT €2,500 plus 40 cents for every NT in excess of 6,250 NT €500 plus 8 cents for every NT in excess of 6,250 NT €2,500 plus 40 cents for every NT in excess of 6,250 NT 8,000 10,000 €2,000 plus 7 cents for every NT in excess of 8,000 NT €3,200 plus 19 cents for every NT in excess of 8,000 NT €640 plus 1 cent for every NT in excess of 8,000 NT €3,200 plus 19 cents for every NT in excess of 8,000 NT 10,000 15,000 €2,140 plus 7 cents for every NT in excess of 10,000 NT €3,580 plus 14 cents for every NT in excess of 10,000 NT €660 plus 1 cent for every NT in excess of 10,000 NT €3,580 plus 14 cents for every NT in excess of 10,000 NT 15,000 20,000 €2,490 plus 7 cents for every NT in excess of 15,000 NT €4,280 plus 12 cents for every NT in excess of 15,000 NT €710 plus 1 cent for every NT in excess of 15,000 NT €4,280 plus 12 cents for every NT in excess of 15,000 NT 178 CAP. 234.] MERCHANT SHIPPING D. Annual fees for any one year pa id after the anniversary of re gistration for that year shall be incr eased by ten per cent. E. Dues on any ship shall be rounde d upwards to the nearest whol e euro. F. The Minister may, under such conditions as he may deem approp riate, exempt any ship or any class of ships from the payment of all o r part of the fees, excluding the Annual Tonnage Tax payable in terms of this Sched ule. 20,000 30,000 €2,840 plus 7 cents for every NT in excess of 20,000 NT €4,880 plus 9 cents for every NT in excess of 20,000 NT €760 plus 1 cent for every NT in excess of 20,000 NT €4,880 plus 9 cents for every NT in excess of 20,000 NT 30,000 50,000 €3,540 plus 7 cents for every NT in excess of 30,000 NT €5,780 plus 7 cents for every NT in excess of 30,000 NT €860 plus 1 cent for every NT in excess of 30,000 NT €5,780 plus 7 cents for every NT in excess of 30,000 NT Exceeding 50,000 €4,940 plus 7 cents for every NT in excess of 50,000 NT €7,180 plus 5 cents for every NT in excess of 50,000 NT €1060 plus 1 cent for every NT in excess of 50,000 NT €7,180 plus 5 cents for every NT in excess of 50,000 NT C. Reduction or increase on the ra tes per net tonnage on registr ation, register fee and tonnage tax when ref erred to in paragraph A.i or A.ii: Age of Ship Reduction on Fee on Registration % Reduction or Increase on Register Fee and Tonnage Tax % Equal to or Exceeding Less than Years 05 5 0 – 30 51 0 2 5 – 15 10 15 – – 15 20 – +5 20 25 – +10 Subject to minimum increase (compounded for both register fee and tonnage tax as applicable) of €1,500 25 30 – +25 Equal to or exceeding 30 – +50 M E R C H A N T S H I P P I N G [CAP. 234. 179 Deleted by Act I.2025. 100. G. For the purposes of this Schedule: "age" in relation to a ship, means the difference between the y ear in which the ship was built and the year in respect of which th e fee is due; S.L. 499.23 "commercial vessel" means a vesse l granted a licence or permit to operate in terms of the Commercial Vesse ls Regulations, and which is valid; Cap. 425 "fishing vessel" means a vessel registered in the Fishing Vesse ls Register in terms of the Fisheries Conservation and Management Act; "gross tonnage", "length overall" and "net tonnage" shall be th at as may be ascertained in terms of the tonnage regulations made under this Act; "laid up vessel" means a vessel which is not a pleasure yacht o r a commercial yacht and which qualifies as a laid up vessel in ter ms of article 19(7); S.L.234.43. "tonnage tax ship" shall have the same meaning as assigned to i t in the Merchant Shipping (Taxation and Other Matters Relating t o Shipping Organisations) Regulations. Substituted by: XVII. 1991.82; XXII. 2000.100. SECOND SCHEDULE [ARTICLE 69] DOCUMENTS TO BE IN THE FORM PRESCRIBED BY THE MINISTER 180 CAP. 234.] MERCHANT SHIPPING THIRD SCHEDULE [ARTICLE 72] NATIONAL COLOURS FOR MALTESE SHIPS FOURTH SCHEDULE [ARTICLE 195] FORM OF MALTESE SEAMAN’S CARD Deleted by Act I.2025. 101.