Malta Maritime Law Association
Malta Maritime Law Association
Dr. Stephan Piazza was invited to moderate on behalf of the Malta Maritime Law Association a panel discussion on the importance of EU funded research and innovation projects as enabler for the decarbonisation of the Maltese waterborne sector.
The event was organised by the Ministry for Transport, Infrastructure and Capital Projects, WaterborneTP, Transport Malta and was attended by representatives of the Maltese maritime and R&D community space.
Executive Committee Members Matthew Attard, Lisa Camilleri, Robert Radmilli and Stephan Piazza had the pleasure to welcome Hon. Ivan Castillo MP, Nationalist Party’s Shadow Minister responsible for Maritime Affairs.
During such meeting both parties discussed industry’s challenges and defined topmost priorities aimed at consolidating and strengthening further the maritime industry in Malta.
The government’s mission is to further support the yachting industry in Malta
The maritime industry has historically been a long-standing pillar of the Maltese economy. Admittedly, it became more so once Malta joined the EU. The challenge remains in keeping abreast of regulatory and legislative developments while remaining competitive with other jurisdictions.
The exponential growth experienced by the Malta flag over the last 32 years is a feather in the cap of successive government administrations that have always recognised the importance of this economic activity, which generates over €24 million annually. This does not include the total amount generated by private stakeholders involved directly and indirectly in ship registration services, which amounts to circa €200.27 million. The new Merchant Shipping Act came into force on April 6, 1973. Early 1977 saw further changes to the legal and administrative side of shipping. The collective effort of the various stakeholders in the sector, including Transport Malta, has put Malta on the map as the leading jurisdiction in shipping and yachting, with the biggest register in Europe and a leading register globally.
Along the years, there have been amendments to the original legislation to render it more receptive to operational adjustments and circumstances, including the payment of fees; provisional registration; priority of mortgages; ranking of credits; and bareboat charter registration among others. Such resilience has encouraged and supported the recent impressive expansion in the superyacht registration context.
Notwithstanding these achievements, this success should not serve as an alienation from the necessity to continuously review and adjust to ensure that the level of service being provided by both the private sector and the authorities is maintained and improved.
Earlier this year, the Ministry for Transport, Infrastructure and Capital Projects, headed by Minister Aaron Farrugia, launched the idea of a first National Policy for Superyachts during the Malta Superyacht Symposium jointly organised by the Malta Chamber and the Malta Maritime Law Association. The policy is expected to be released in the coming months. A steering committee, comprising prominent industry experts, among which the Malta Chamber and the MMLA, has been set up to evaluate several proposals by key industry players to identify how this industry can be further developed. These same key industry players, together with the steering committee, tackled several areas within the yachting sector. The policy is expected to be released in the coming months
The prime focus was that of achieving a more robust and clearer regulatory framework. Another area that was discussed was how to better equip and maintain the current infrastructure and cost structure. Additionally, the matter of how government departments and the private sector can work in tandem in an efficient manner was explored.
Government support was another topic of discussion and was considered at length. The discussion evolved on how the government can be of support to its agencies and authorities and to the private sector. Ultimately, green investment was also on the agenda of the steering committee where several proposals taking in consideration the environmental aspect in yachting were put forward and discussed.
It was made clear that the government’s mission is to further support the yachting industry in Malta and to consolidate Malta’s position as a leading yachting jurisdiction and as an international centre of maritime excellence in the Mediterranean. This will eventually lead to the contribution and creation of quality jobs in Malta. The need for such a policy is key for achieving and retaining excellence in the making is the outcome of consistent determination over the years, together with the outstanding quality and competence emanating from both the public and private sectors.
However, given the cutthroat competition, there’s no resting on one’s laurels. The National Yachting Policy is the way forward for Malta to achieve its objectives and remain the relevant go-to jurisdiction.
William Vella is a legal and compliance manager at Dixcart Management Malta Ltd and a member of the Malta Chamber of Commerce, the European Maritime Law Organisation and Malta Maritime Law Association.
Source: Times of Malta
The Malta Maritime Law Association recently met the Minister of Justice, Jonathan Attard in order to discuss a number of proposed changes to the provisions of the Malta Code of Organisation and Civil Procedure regulating shipping matters in Malta.
When ship owners and managers register vessels under the Malta flag, one of the questions which frequently arises is: how will the original flag certificates reach the vessel in time for it to sail immediately upon her delivery and registration with originals onboard? Of course, this issue arises due to the physical impossibility of having original flag certificates, which are issued in Malta by the flag administration, reach the vessel at her delivery port on the very same day she is registered under the flag. This has been resolved by the Malta Ship Registry (the “Registry”) in a very practical manner.
An operational certificate may only be released to a vessel once change of flag surveys and audit verifications are successfully completed and all statutory certificates including the Safety Management Certificate (SMC), International Ship Security Certificate (ISSC) and Maritime Labour Certificate (MLC) are made available by the appointed Classification Society (“Class”). Consequently, in the case of new buildings, the Registry couriers out undated flag certificates, in advance of delivery date, to the attending Class auditor responsible for the release of the Vessel’s SMC, ISSC and MLC. The latter will hold the certificates in escrow until the day of delivery. Once delivery of the vessel takes place and the vessel is registered under the Malta flag, the attending Class surveyor/auditor receives instructions directly from the Registry to date the vessel certificates, upon confirmation that the SMC, iSSC and MLC have been released. The dated vessel certificates are then released by the attending surveyor/auditor to the owner’s representatives or the master of the vessel who can safely sail out and commence the vessel’s operations.
While several ports allow vessels to sail with copies of certificates until originals arrive on board, experience has shown us that a few port authorities around the world still insist on sighting original certificates onboard. This becomes an issue in the cases of a transfer of ownership, a change in management, a change of class or a change in name in relation to which class surveys must be carried out and statutory certificates including SMC, ISSC and MLC released before new vessel certificates may be issued to the vessel. In such cases, the Registry may make arrangements, as in the case of new builds, for undated vessel certificates to be sent in advance of the transaction date, to the attending surveyor who will then date and release the certificates upon receipt of instructions from the Registry.
In other cases, also where no changes as mentioned above are involved however vessel certificates do not arrive in time for a vessel to sail out of a port which requires original certificates, it is also possible for the Registry to scan copies of certificates directly to the Harbour Master of the port where the vessel is lying or alternatively to a nearby Maltese embassy or consulate, following which the copies may be certified as true copies – these are delivered by agents to the vessel which will enable the vessel to sail out of port.
A similar problem may arise at the time of deletion of vessels from the Malta flag. As is the case with most registries, the deletion certificate usually takes a few weeks to be released since original trading vessel certificates must first be returned to the Registry prior to release of the deletion certificate. While this is generally not an issue, in some cases, a confirmation of deletion is required by the incoming registry on the same day to allow re-registration. In such case, the Registry may send a confirmation of deletion directly to the incoming registry confirming that the Malta Registry of the vessel has been closed free from encumbrances. This confirmation however is not to be regarded as an equivalent to a deletion certificate.
Occasionally, a deletion certificate is nonetheless required on the same day as the deletion. As vessels usually continue to operate until the last day and consequently retain original certificates on board until deletion, this creates a practical problem since original certificates must be returned and submitted to the Registry prior to the release of the deletion certificate. In such case, it is possible for the original vessel certificates to be delivered to a Maltese Embassy or Consulate which will then confirm receipt to the Registry. The filing of such original documents is regarded by the Registry as being tantamount to delivery of the original certificates at its own Registry. In fact on such occasions the Registry proceeds with the release of the deletion certificate. The Embassy or Consulate retains the certificates and sends the originals directly to the Registry.
The Registry has always proved to be flexible and responsive to practical issues which arise and the above are just a few examples which demonstrate the sensitivity of the flag administration to the day to day needs of the shipowner all of which have contributed to the popularity of the Malta flag.
by Lara Saguna, Fenech & Fenech Advocates
Source: Lexology