MALTA Law and Practice Contributed by: Ann Fenech, Adrian Attard, Lara Saguna Axiaq and Martina Farrugia, Fenech & Fenech Advocates
2.4 Procedure and Requirements for Establishing a Limitation Fund The establishment of a limitation fund is set out in the previously mentioned regulations, which stipulate that limitation funds are to be constitut - ed with the Civil Court, First Hall. To constitute a limitation fund, one may pay into court the equiv - alent in euros of the number of Special Drawing Rights (SDR) being claimed, to be entitled 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 thereof 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 money into court or by providing a bank guaran - tee 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. 2.5 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, which must be read and construed together with the Conven - tion, relevant EU legislation and other pieces of local legislation. 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 employ - ees 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.
3. Cargo Claims 3.1 Bills of Lading
Malta is not a signatory to the Hague Rules, the Hague-Visby Rules, the Hamburg Rules or the Rotterdam 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
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