Malta Archives - Page 4 of 18 - Malta Maritime Law Association

Changes to the Existing Tonnage Regulations

November 12, 2021 Leave a Comment

In recent months, the Tonnage Regulations (Subsidiary Legislation 234.19) underwent minor developments through the Tonnage (Amendment) Regulations (Legal Notice 165 of 2021), which primarily introduced new definitions for ‘Hull Length’ and ‘Length Overall’ (‘LOA’). This has significantly altered the way in which vessels and yachts are measured for the purpose of obtaining the applicable Tonnage Certificate. Supplementing the new amendments, Transport Malta also published comprehensive guidelines on the measurement of different types of yachts and vessels.

The LOA is still defined as the length from the foreside of the foremost fixed permanent structure to the after side of the aftermost fixed permanent structure. However, the exclusion of functional arrangements from the definition of fixed permanent structures is now not an absolute rule. Hull Length of a ship is now defined in accordance with the ‘harmonised standard’ under EU law. The relevant harmonised standards are currently established in EU Regulation 2017/1130 for fishing vessels and in ISO 8666 for other vessels.

Corresponding elements within the Tonnage Certificates were also modified. This includes the required information within a Certificate of Survey (Tonnage Measurement) for Maltese Ships under 24 Metres Length, other than Fishing Vessels with overall length equal or greater than 15m. As of the 1^st of September 2021, one needs to include information on the type of ship in addition to its means of propulsion, the ship’s hull length, its Hull Identification Number or Craft Identification Number, the ship’s model and serial numbers as well as particulars of the propelling engine irrespective of it being fitted inboard or outboard. One other important change in respect of certification is that a fishing vessel of 15 metres length is not categorized within the same certification criteria as ships under 24 metres in length anymore, but will now require the same Tonnage Certificate as fishing vessels of more than 15 metres but under 24 metres length.

The amended regime will not apply retroactively to Malta flagged vessels and yachts already in possession of such Certificates before the amendments’ entry into force. Nonetheless, remeasurement in terms of the new measurement rules is required where a vessel or yacht undergoes modifications changing its dimension or type.

Merchant Shipping Notice 174 may be found here.

by GVZH Advocates

Source: Lexology

MMLA President re-elected CMI Vice-President

October 1, 2021 Leave a Comment

President of the Malta Maritime Law Association Ann Fenech has been re-elected to serve as Vice President of the Comite Maritime International for a further 3 years. She was elected unanimously by the member national maritime law associations of CMI during the CMI Assembly held virtually on 30 September 2021. Dr Fenech currently co-chairs the International Working Group on Judicial Sales and is the CMI co-ordinator for this project at UNICTRAL currently deliberating the 4^th Annotated Revision of the Beijing Draft Convention on the Effects of Judicial Sale of Ship.

MMLA ExCo meeting

September 30, 2021 Leave a Comment

Notwithstanding the continuous threat from COVID-19 the MMLA has continued with its activities throughout these challenging 18 months. The latest meeting of the Executive Committee took place on Tuesday 28th September in a hybrid form with some members present and others joining virtually to discuss topical issues including the 4th Revision of the Draft Convention of Judicial Sales currently being deliberated by Working Group V1 of UNCITRAL and a host of other issues, whilst planning future meetings and international events.

Commercial Yacht – Pleasure Yacht Changeover Guidelines – 2 September 2021

September 6, 2021 Leave a Comment

On the 2nd of September 2021 the Merchant Shipping Directorate of Transport Malta issued the “Commercial Yacht – Pleasure Yacht Changeover Guidelines” (the Guidelines). The Guidelines serve both to lay down certain important considerations with respect to the change of registration of a Malta flag yacht from pleasure to a commercial (and vice versa) and to set out the procedural steps to be followed when yacht owners intend to carry out this change.

While the change in status of Malta flagged yachts has to date been readily accepted and processed by the Malta Ship Registry, the Guidelines now provide clear guidance on the steps to be followed in achieving the changes, in line with the Malta Commercial Yacht Code. The Guidelines clarify that the Merchant Shipping Directorate at Transport Malta imposes no limits on the number of changes made to the registration status of a Malta flagged yacht. The Guidelines further confirm that there is no limit on the duration of the change of registration, thereby offering yacht owners a considerable degree of flexibility with respect to changing their yacht’s registration.

Whilst this degree of flexibility is offered to the yacht owners, the Guidelines recommend that the same survey and certification regime as required for commercial yachts is retained when changing from a commercial to a pleasure registration. This is intended to facilitate a change back to commercial status. Additionally, the Guidelines specify that an undertaking to be signed by the owner or the manager of the yacht attesting that they will return the current certificate of registry of the yacht is to be filed immediately together with the request to change registration of the yacht.

The Guidelines set out that in the event of multiple changeovers during a single year the fees due to Transport Malta for a change from a pleasure to a commercial registration of the yacht shall be paid only once during the said year and not with each changeover.

The Guidelines are a welcome development since they provide yacht owners, managers and representatives clarity on the salient considerations for yacht registration changeovers and the procedural aspects linked to changeovers under the Maltese flag.

The Guidelines including the procedural steps for the changeover process may be found here.

by Matthew Cassar, Fenech & Fenech Advocates

Source: Lexology

The new Malta Passenger Yacht Code

May 31, 2021 Leave a Comment

On the 24^th May 2021 the Merchant Shipping Directorate of Transport Malta published Merchant Shipping Notice 171 notifying the industry that the Malta Passenger Yacht Code (PYC) will enter into force on the 25^th May 2021. The code was drawn up following consultation with industry stakeholders.

Prior to the entry into force of the PYC, commercial yachts registered under the Malta flag and carrying more than 12 passengers were required to satisfy requirements similar to those for passenger ships since they fall outside the scope of the Malta Commercial Yacht Code. Due to the increasing size of commercial yachts and the onerous requirements applicable to passengers ships, the Merchant Shipping Directorate recognised the need to develop a code which specifically caters for larger commercial yachts carrying more than 12 passengers. The PYC caters for a number of equivalencies specifically designed for passenger yachts which carry more than 12 passengers and up to 36 passengers, do not carry more than 200 persons, do not carry cargo and are engaged on international voyages.

This is a welcome development since it addresses technical issues and concerns faced by whoever wishes to register larger commercial yachts under the Malta flag.

The PYC may be found here: https://www.transport.gov.mt/Passenger-Yacht-Code-PYC.pdf-f6340

By Lara Saguna Axiaq, Fenech & Fenech Advocates

Source: Lexology

Member of the Comité Maritime International

Changes to the Existing Tonnage Regulations

MMLA President re-elected CMI Vice-President

MMLA ExCo meeting

Commercial Yacht – Pleasure Yacht Changeover Guidelines – 2 September 2021

The new Malta Passenger Yacht Code

Contact Us

Join Us

International Events