Amendments to Act 22 in Malta
Amendments to Act 22 in Malta
A NUMBER of amendments have been made in Malta to the Merchant Shipping Act by Act 22, published on August 4, 2000. Some amendments enact practices that have become standard, while others introduce new concepts. The act is not yet in force and will only become operative on a date yet to be confirmed.
Act 22 provides the following:
- A prospective owner may register a newly built ship prior to delivery by the shipyard. The aim is to facilitate the registration procedure of new ships.
- Foreign companies may register ships in Malta. This was probably inspired by EU law and will permit a company in an EU member state to register a vessel in Malta, thus prompting the free movement of persons and companies.
- Shipping organisations, as defined in the act, have been set up and will enjoy fiscal concessions. This marks a possible new development - the establishment of shipmanagement companies.
New wide-ranging provisions for crew conditions on board, and the requirements of some conventions that have either been ratified or are in the process of being ratified by Malta, must be met - partly to satisfy the requirements of the International Transport Workers' Federation).
(Professor J M Ganado & Associates)
Tough on bullies
THE International Transport Workers' Federation (ITF) has issued new guidelines to help end bullying and harassment at sea. From now on the guidelines will be included in all the collective agreements which the ITF makes with shipowners. These agreements already cover 5,535 ships.
The guidelines will place a duty on shipping companies to prove "their commitment to provide a working environment that is free from harassment, bullying and discrimination." Shipping companies will also be required to appoint personnel to deal with complaints of abuse and to ensure that they are dealt with confidentially and without fear of reprisal.
Studies conducted by the Seafarers' International Research Centre in Wales show that discrimination at sea is endemic and not just for the rising proportion (nine per cent) of the unionised workforce which is female.
The isolated nature of work at sea and the multi-racial make-up of many shipping companies make the potential for discrimination huge, yet prejudice and victimisation undermine work performance and can put vessels at risk.
Stowaway or refugee in Norway
ON July 1, 2000, several amendments to the Norwegian Alien Regulation came into effect. Among other things, the provisions setting out a stowaway's right to go ashore in Norway were amended, partly as a codification of practice, and partly to conform with Norway's obligations under the Schengen Agreement.
The provisions deal separately with normal stowaways and those seeking political asylum. A stowaway not seeking asylum, and possessing a valid passport, discharge book, or another identification paper approved as a travel document, in addition to a valid visa if requested, is allowed to go ashore in Norway.
Stowaways who do not have such documentation may also be permitted to go ashore in Norway for humanitarian reasons, national reasons, or because of Norway's international obligations. The wording is new and complies better with Norway's obligations under the Schengen Agreement than the previous wording did. An entry permit given on such conditions will only be valid in Norway, and will not give stowaways the right to enter other states that have adopted the Schengen Agreement.
Stowaway or seamen claiming to be refugees, or giving information which indicates that they are entitled to protection against victimisation, are entitled to have their case tried by the Norwegian Directorate of Aliens on the same grounds as any other refugee seeking asylum in Norway. Stowaways seeking refugee status in Norway are normally permitted to go ashore.