Dr Matthew Attard in his capacity as President of the Malta Maritime Law Association was invited to participate at the Quaynote held on 14th March 2024. The synergy between entities and the role of digitalization were at the centre of the panel discussion entitled ‘Doing Business in Malta’, which highlighted the advantages of doing business in Malta within the competitive Superyacht scene and delved into the challenges and current projects that will enhance the success of this thriving industry.
The panel was moderated by Ms Annalise Zammit, MBR’s COO and Deputy Registrar. Further to Dr Attard, Dr Geraldine Spiteri Lucas, MBR’s CEO and Registrar, Mr Michael Mifsud, CEO of Yachting Malta, Mr Mark Savona, Registrar of Ships’ Assistant Registrar, Dr Ingrid Fenech, Official Receiver and MBR’s Head of Insolvency and Receivership Service, Dr Marthese Portelli CEO of the The Malta Chamber participated in the discussion.
Let’s stop taking the maritime industry for granted
The facts and figures relating to how much the maritime industry contributes to the Maltese economy have been referenced countless times and they are substantial. I will not quote them here as this information is quite easily attainable to anyone who searches the plethora of articles on this subject.
What is irritating many people working in this industry is that such income is being taken for granted and there is a sense that this stream of capital can always be relied upon. Of course, this style of thinking needs to be eradicated. Competition out there is stiff and other countries are more than eager to take a piece of our cake.
Malta must ensure that it continually reinvents itself and keeps up with the exigencies and wishes of the shipping world. We also need to realise that there are missed opportunities in this sector and that we have certainly not exploited it to its full potential.
There is clear awareness concerning the serious need to rehash our economic model to one which is more reliant on qualitative work − there is an opportunity staring us right in the eyes. If we consolidate what we have, there is so much more we can get out of the maritime industry as an established maritime nation… what are we waiting for?
It is high time that we have a designated minister responsible solely for maritime affairs. Again, many have lamented about the fact that allocating most of our maritime matters to the transport and infrastructure ministry (which encapsulates roads, infrastructure and all forms of transport) is too much for one individual to lead.
In addition, keeping the Merchant Shipping Directorate under the general Transport Malta umbrella is not sending the right message to the international stakeholders, nor is it ensuring that young talent is attracted towards pursuing a maritime-related career both in the public and private sector.
I need to be fair at this stage, as it would be wrong to paint a picture of complete doom and gloom. Both the government and the opposition seem to be united when it comes to the maritime sector, and are intent on putting petty politics aside when discussing this area. I can also report that there have been very productive meetings held with the government and opposition over the past few months, and that both sides are willing to listen to the stakeholders and understand concerns.
Relatively recent developments, such as the announcement of a specialised commercial court (which will also deal with maritime claims), cannot but be commended as it will improve the overall maritime product. The appointment of a new CEO at Transport Malta, hailing from the private industry, again is another indicator that there is genuine goodwill for matters to move in the right direction.
Having said this, we are simply not reacting quickly enough and that the more significant decisions are being postponed or unnecessarily delayed. We need to better capitalise on our size and exploit the fact that there seems to be a collective goodwill and ambition for this industry.
We also need to have a genuine game plan for this industry and avoid the temptation of attempting to tackle all of the issues at once as we risk becoming ineffective. Let’s push the idea of a common maritime policy which has identified realistic objectives with attainable timelines. The government understands that it enjoys the full support of the private industry, and that associations such as the Malta Maritime Law Association and the Malta Maritime Forum are able and willing to partake and actively assist in reaching goals and exploiting this segment to the full.
We need to start thinking long term, tackle infrastructural issues, attract human resources to this industry, create specialised educational courses, and finally make the general public realise and appreciate the importance and potential there is in promoting a maritime-based economy.
The time for this is now, let’s not miss the boat.
by Matthew Attard, a shipping and yachting partner at Ganado Advocates, President of the Maritime Law Association and a board member of the Malta Maritime Forum.
Source: Times of Malta
MMLA Members mid-year update meeting
The Malta Maritime Law Association held its mid-year update meeting on 28 June.
The purpose of the meeting was to update all Members about the initiatives various sub-committees were involved in during the last six months. These included updates concerning amendments to the Merchant Shipping Act to be adopted in the near future, the licensing of ship registration practitioners, recent activities led by the yachting and education sub-committees.
MMLA President’s Speech
Dr Matthew Attard addressed the full hall at the Malta Chamber of Commerce where the local maritime community and international guests came together on 30th May 2023 to celebrate the 50th Anniversary of the Merchant Shipping Act.
Distinguished guests, colleagues and friends,
We are all here in order to celebrate the 50th Anniversary of the Merchant Shipping Act and as a maritime lawyer, I am particularly proud of the fact that we are acknowledging the importance that the law has played in building our shipping services sector.
The Maltese Merchant Shipping Act is a well designed and formulated piece of legislation, that has over the years been amended and revised a number of times in order for it to keep up with the needs of the shipping community, whilst also embracing international legislative developments. More than anything, it is a law which still serves as a standard bearer to our industry. It is worth pointing out that the Maritime industry in Malta served as a platform to build our financial services practice.
We are very fortunate to have with us this afternoon, notable figures who were the protagonists of the time. People who were not only heavily involved in drafting and piloting the law, yet who also were also capable of promoting and selling the vision of Malta as a shipping nation. To them we owe our gratitude and recognition. Subsequent generations, as well as the current one, have followed in their footsteps and work hard towards ensuring that Malta remains relevant in this sphere and keeps up with the challenges of the times.
The current regulatory framework is certainly more complex than it was in 1973. For one thing, the International Maritime Organisation has introduced a plethora of conventions aimed at increasing the safety of life at sea and the protection of the Marine environment. The European Union has further contributed by setting higher standards for shipping that required adherence by member states. All of these changes have had to be transposed into our laws and adopted.
In recent history, the Anti Money laundering drive has also been a game changer for our modus operandi and has had an impact on our industry and forced us to rethink our approaches and procedures. The implementation of Sanctions caused by the Russian/Ukrainian conflict are yet another challenge that has hit us all hard and has further complicated our lives.
Upcoming issues such as Artificial Intelligence and the regulation of Unmanned vessels were certainly not headaches which our predecessors had to encounter, God only knows what else lies in store for us all!
The Malta Maritime Law Association (which will be celebrating its 30th Anniversary next year) has always been active in assisting the government of the day in updating and amending our shipping legislation, discussing challenges as well as identifying opportunities. It is very comforting to know that we have always been supported in doing so by the all the governments, the opposition and the Registrar Generals who, even to this day, are all very aware of the fact that the Maritime industry in Malta has managed to make great inroads in this field because it was capable of understanding the power of presenting a united front.
Malta is certainly a success story in this area, yet it would be foolish for anyone to take this industry for granted and disregard the fierce competition out there as well as the volatility of the market itself. In this respect, we have a duty to keep listening, an obligation to understand the aspirations of our clients and where possible, adapt or compromise.
It is critical, as a key player in the Maritime world, that Malta ensures that a proper and fair balance is met between the international legislative demands and the requirements of the industry itself. We have to remain practical and pragmatic. Laws must be introduced sensitively and intelligently into our system and more than that, need to be properly interpreted by those tasked with implementing them, so that solutions can be provided to the end user, whenever the opportunity arises. Just like the Malta Merchant Shipping Act, Laws need to be regarded as a tool for obtaining success and reaching goals, rather than creating obstacles and increasing costs unnecessarily.
The Future
I’m sure you will agree that the Malta most of us dream of seeing in the future is one where we have more tangible presence of the Maritime industry on our shores. Where people who opt to operate the Malta flag, also choose Malta as one of their bases for their venture. We need to encourage substance and genuine links to the jurisdiction. Although we have skilled professionals and solid foundations to build upon, we must be able to attract new people to this world.
We also have a duty to make the next generation interested in pursuing a career in this field and further incentivise the public sector so that they too can be proud of what they have achieved and are hungry to achieve more in the years to come.
I want to reassure you all, that Malta is not sitting on its laurels and that we are not satisfied with the status quo. We understand that there is still much to improve and fine tune and in this respect a lot of work is currently being seen to behind the scenes without much fanfare. I hope to see some of these initiatives unveiled and presented in the coming months.
I once again wish to pay tribute to all those individuals (many of them here) for their effort and resilience, for being pioneers and for managing to grow our industry from scratch through perseverance and creativity. I also wish to thank my colleagues, both from the private and public sector who on a daily basis show me what the Maritime industry means to them through their professionalism and dedication.
My hope is that we continue nurturing our sector, never take it for granted and that we will be able to leave it in a better state than we found it, so that 50 years from now, our successors will be able to celebrate Maritime Malta with the same enthusiasm and vigour we have here today..
Thank You.
MMLA Meets MISA
The Malta Maritime Law Association had the pleasure to meet the Malta International Shipowner’s Association ahead of the Malta Shipping Symposium which took place on 30th May.
During such meeting, both parties discussed the industry’s challenges and opportunities and confirmed the intention to collaborate on a common agenda meant to confirm Malta as the Flag of Choice to the Shipping Community.
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