Shipping 2026

MALTA Law and Practice Contributed by: Ann Fenech, Adrian Attard, Lara Saguna Axiaq and Martina Farrugia, Fenech & Fenech Advocates

legislation through the appropriate legislative instru - ments in order to be directly applicable in the relation - ship between the Maltese State and its citizens. Nevertheless, the original treaty text may still serve as guidance to the courts when interpreting the pro - visions of the transposing municipal laws. That said, while Malta acceded to the 1969 Vienna Convention on 26 September 2012, Malta has not yet transposed this into national law. 3.5 Procedure and Requirements for Establishing a Limitation Fund The establishment of a limitation fund is set out in the previously mentioned regulations, which stipu - late that limitation funds are to be constituted with the Civil Court, First Hall. To constitute a limitation fund, one may pay into court the equivalent in euros of the number of Special Drawing Rights (SDRs) being claimed, in order to be able to limit liability in terms of the regulations, together with interest from the date of occurrence giving rise to that liability to the date of payment into court at the rate of 8%. A person may adjust this figure by topping up funds in court if these were not sufficient, or by filing an application to request a refund if they have overpaid. A person effecting payment must give notice there - of in writing to every person making a claim against them, specifying: • the date of payment; • the amount paid; • the amount of interest included therein; and • the period to which it related. Funds can be constituted by paying a deposit of mon - ey into court or by providing a bank guarantee issued by a local bank. It is to be noted that (to date, and as far as is known) there have been no limitation funds set up in Malta. 3.6 Seafarers’ Safety and Owners’ Liability The 2006 Maritime Labour Convention came into force on 20 August 2013, and its provisions were largely incorporated into Maltese domestic law by means of Subsidiary Legislation 234.51, titled the Merchant Shipping (Maritime Labour Convention) Rules.

That said, seafarers’ rights and safety are not addressed only under the Rules. These rules must be read and construed together with the Convention, rel - evant EU legislation and other pieces of local legisla - tion. With regard to the latter, these include (inter alia): • the Merchant Shipping Act (Chapter 234 of the Laws of Malta); • the general principles on tortious liability and on quantification of damages found under the Civil Code (Chapter 16 of the Laws of Malta); and • the Occupational Health and Safety Act (Chapter 424 of the Laws of Malta). The above recognises a vessel as a place of work if it is in a port in Malta or in the internal or territorial waters thereof, or in any dockyard, harbour or other similar installation in Malta, and sets out certain health and safety standards that must be adhered to. The Seamen Wages Council Wage Regulation Order (Subsidiary Legislation 452.51) should also be noted; however, this only applies to employees on board ships regularly operating within the territorial waters of Malta. Persons working on board fishing vessels or foreign-going ships are excluded from the scope of this Order. Malta is not a signatory to the Hague Rules, the Hague-Visby Rules, the Hamburg Rules or the Rot - terdam Rules. The Hague Rules, however, apply in limited circumstances, because the text of these rules has been incorporated by virtue of the Carriage of Goods by Sea Act of 1954, by way of a Schedule to the Act. The Hague Rules have effect in relation to and in connection with the carriage of goods by sea in any vessel used for that purpose and carrying goods from Malta to any other port, but not if that vessel is carry - ing goods within the limits of Malta, transporting them from one island to another. Thus, the Hague Rules are not applicable as a matter of law in relation to carried cargo that was loaded on board a vessel in a foreign port and discharged in Malta. 4. Cargo Claims 4.1 Bills of Lading

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