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Maltese authorities for transport recently launched the Malta Passenger Yacht Code (the “Code”). This came in force on 25 May, 2021 and is a tangible sign of Malta’s commitment towards the super-yacht industry.

The Malta Passenger Yacht Code 2020 is aimed and intended for Passenger Yachts ≥ 500 GT, carrying between 12 to 36 passengers and not more than 200 persons, which do not carry cargo and which are engaged on international voyages. 

The Malta Passenger Yacht Code 2020 has been drawn up by the Authority for Transport in Malta, in consultation with various industry stakeholders including yacht designers, yacht builders, repair yards, specialised service providers and manufacturers and Appointed Surveyors and Recognised Organisations, as a wider representation of the industry.

The Code and Synopsis may be downloaded from the following links:

Passenger Yacht Code (PYC)

Passenger Yacht Code (PYC) Synopsis

Should you require further information concerning the Passenger Yacht Code and Yachting in Malta please contact us.

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Introduction of the Small Commercial Yacht Code (sCYC) 2024

Transport Malta’s Merchant Shipping Directorate has announced the implementation of the Small Commercial Yacht Code (sCYC) through Commercial Yachting Notice 12, effective from March 20th, 2024. This code is specifically designed for small commercial yachts ranging from 12 to 24 meters in length, catering to vessels engaged in commercial operations with a passenger limit of 12.

Key Features of sCYC:

• The sCYC substitutes the provisions of the Commercial Yacht Code 2020 for commercial yachts under 24 meters.
• It applies exclusively to commercial yachts with hull lengths of 12 to 24 meters, extending the registration scope under the Malta flag to vessels starting from 12 meters.
• Existing commercial yachts certified under the CYC must transition to the sCYC by their first renewal survey conducted on or after June 1st, 2024.

Transition Process:

• Yachts transitioning to the sCYC must adhere to specified surveys and inspections outlined in the code.
• Upon successful completion, Merchant shipping directorate will be issued a Small Commercial Yacht Certificate.

Extended Range Tender Guidelines:

In conjunction with the sCYC, Transport Malta also released Commercial Yachting Notice 2 Rev.1, which pertains to the Commercial Yachts Extended Range Tender Guidelines. These guidelines, effective from April 1st, 2024, apply to Malta Flag Commercial Yachts’ Tenders that are 24 meters and under in length and are exclusively engaged in the business of the Mother Yacht.

Compliance Requirements:

• Existing Extended Range Yacht Tenders must comply with the revised guidelines by their Mother Yacht’s first periodical survey on or after June 1st, 2024.
• Guidelines are to be applied alongside the requirements outlined in Section 22 of the CYC, as amended, and Section 19 of the sCYC, as amended.

The introduction of the sCYC and the revised Extended Range Tender Guidelines underscores Transport Malta’s commitment to enhancing safety standards and regulatory practices within the yachting industry. Should you wish to schedule a meeting please do not hesitate to call SMM Group on +35621237167, by sending an email to [email protected] , or by filling in our contact form .

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Rules for the Charter of Yachts Over 24 Metres under the Malta Flag

The purpose of this guide is to provide information concerning the flag state rules applicable to Malta registered yachts over 24 metres in load line length that are operated for charter through the Malta Commercial Yacht Code.

The Malta Commercial Yacht Code was launched in 2006 and last updated in 2020 by Transport Malta.

Transport Malta are the authority of the Malta government holding responsibility and accountability for land, sea and air transport in Malta including the development and oversight of Maltese merchant shipping regulations and their enforcement.

A copy of the Malta Commercial Yacht Code 2020 can be accessed at the following link:

Malta Commercial Yacht Code CYC 2020

All commercial yachts over 24 metres in length are issued with a Minimum Safe Manning Certificate. Transport Malta has, over the years, built considerable experience in this field. Malta recognises training and certification from the most reputable training establishments and countries. There are no restrictions on the nationality of the crew.

All yachts covered by the Code are required to be surveyed, certified and maintained in accordance to their respective category requirements. An Initial Survey is first carried out when a commercial yacht is joining the Malta flag for the first time. Upon satisfactory completion of the Initial Survey a 5 year valid Certificate of Compliance to Trade as a Commercial Yacht (COC) is issued.

Subsequent to Initial Certification, during the 5 year validity of the COC, yachts less than 24m length have to undergo an Intermediate Survey whilst yachts greater or equal to 24m in length have to undergo annual surveys. The COC is renewable every five years and surveys may be carried out by Appointed Surveyors or by Recognised Organisations.

Red Ensign large yacht coded vessels  and ‘Codice dell Noleggio’ certified charter yachts transferring to the Malta Registry may be issued with an operational Commercial Yacht Code Certificate, immediately, upon the initial application for a period of three months to complete any necessary surveys and formalities.

It should be remembered that the coding of a yacht used for charter is only one stage of the process and that advice should always be taken in respect of local legal and fiscal obligations prior to the commencement of any commercial activity.

Oceanskies in conjunction with our partner surveyors is able to provide a complete charter yacht registration package combining commercial Malta flag yacht registration with coding certification and the employment of crew through Oceanskies Crew Limited in a Maritime Labour Convention (MLC) environment and, where applicable, with deduction and payment of Malta social security contributions.

Please do not hesitate to contact us for further information.

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The new Small Commercial Yacht Code 2024 (sCYC) and related updates

Stephanie Farrugia

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On 1st April 2024, the Small Commercial Yacht Code 2024 (hereinafter referred to as the “sCYC”) entered into force following its introduction earlier in the year by means of Commercial Yachting Notice 12 released by the Merchant Shipping Directorate (“MSD”) on 20th March 2024. This is a comprehensive and specialized code that has been drafted in collaboration with stakeholders within the yachting industry and seeks to better serve the ever-evolving needs, demands, and technological advancements of the smaller commercial yachts that register under the Malta flag, whilst conforming with international safety regulations and standards.

This tailor-made code supersedes and replaces the relevant provisions of the Commercial Yacht Code 2020 (the “CYC”) as far as small commercial yachts are concerned and applies exclusively to commercial yachts with hull lengths LH (ISO 8666) of 12 metres up to 24 metres Length Art 2(8), involved in commercial activities, and which carry no more than 12 passengers. This means that yachts from 12 metres, which previously fell outside the scope of the CYC, may now also be registered commercially under the Malta flag.

With the coming into force of the sCYC, commercial yachts currently certified under the CYC, having lengths less than 24 metres Length Art. 2(8), are to begin their survey and certification process in accordance with the sCYC by no later than their first renewal survey conducted on or after 1st June 2024. Information regarding the transition from CYC to sCYC certification may be found in the Survey and Certification section of this new code.

Upon successful completion of the specified surveys and inspections in terms of the sCYC, a yacht compliant with its standards and requirements will be issued with a Small Commercial Yacht Certificate by the Registrar-General of Shipping and Seamen (the “Administration”). Just like the CYC, it is recommended that pleasure yachts of under 24 metres voluntarily comply as far as practicable with the standards set out in the sCYC, and upon request, the Administration may also issue a Statement of Compliance with the sCYC.

Commercial yachts certified per the sCYC are to be granted navigation notations that include Operational areas, i.e. coastal within 20 nautical miles (nm) from a shore, short range within 60nm from a safe haven, extended short range within 150 nm from a safe haven and unrestricted navigation with no distance limitations, with weather and radio coverage limitations and requirements. Varying minimum safe manning scales and seafarer qualifications and certification apply accordingly. Likewise, the code outlines the safety standards, requirements for pollution prevention and crew welfare that are appropriate given the size of a yacht and navigation notation whilst taking into consideration the applicable International Conventions, European Regulations/ Directives and relative industry standards.

Additionally, following the release of the sCYC, the MSD also issued a standard request form (applicable to yachts falling under the sCYC) for Crew Authorisation Attestations that may be required by certain Port Authorities in order to grant commercial yachts charter licences, pursuant to Section 16.12 of the sCYC. The form is to be submitted to the MSD yachting section together with support documentation by Recognised Organisations or by Appointed Government Surveyors or by the yacht’s Maltese Legal Representative. Furthermore, in conjunction with the introduction of the sCYC, the MSD released revised Commercial Yachts Extended Range Tender Guidelines (Revision 2), which revision came into effect as from 1st April 2024 and which replaced the previous Revision 1. The requirements laid out therein are to be applied together with the requirements outlined in Section 22 of the CYC, as amended and Section 19 of the sCYC as amended. The guidelines are only applicable to Malta flag commercial yachts’ tenders that are 24m and under length of hull and which fall under the registration certificate of the Mother Yacht. Such Extended Range Yacht Tenders are in fact, to be engaged solely and exclusively in the business of the Mother Yacht. The guidelines elaborate on general requirements, as minimum equipment and insurance coverage as well as survey and certification rules.

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Issuance Of The Small Commercial Yacht Code (SCYC) 2024

Contributor.

On 20 th March 2024, the Merchant Shipping Directorate within Transport Malta released Commercial Yachting Notice 12 to inform stakeholders in the yachting sector about the introduction of the Small Commercial Yacht Code (sCYC) 2024.

The sCYC is a comprehensive and specialized code which has been drafted in collaboration with stakeholders within the industry. It seeks to better serve the ever evolving needs, demands, and technological advancements of the smaller commercial yachts that register under the Malta flag, whilst conforming with international safety regulations and standards.

This tailor-made code supersedes and replaces the relevant provisions of the Commercial Yacht Code 2020 (CYC) for commercial yachts under 24 metres in Length Art. 2(8) and applies exclusively to commercial yachts with hull lengths LH (ISO 8666) of 12 metres up to 24 metres Length Art 2(8), involved in commercial activities, and carrying no more than 12 passengers. This means that yachts from 12 metres, which previously fell outside the scope of the CYC, may now also be registered commercially under the Malta flag.

Upon it's coming into force on 1st April 2024, commercial yachts certified under the CYC, having lengths less than 24 metres Length Art. 2(8), must begin their survey and certification process in accordance with the sCYC by no later than their first renewal survey conducted on or after 1st June 2024. Information regarding the transition from CYC to sCYC certification may be found in the Survey and Certification section of the code. Upon successful completion of the specified surveys and inspections in terms of the sCYC, a yacht will be issued a Small Commercial Yacht Certificate by the Administration.

The sCYC may be found here

The Commercial Yachting Notice 12 may be found here

On the same date, and in conjunction with the publication of the sCYC, the Merchant Shipping Directorate within Transport Malta also released;

• Commercial Yachting Notice 2 Rev.1 concerning the Commercial Yachts Extended Range Tender Guidelines, which revision will be effective on 1st April 2024

These revised guidelines are only applicable to Malta Flag Commercial Yachts' Tenders that are 24m and under length of Hull and which fall under the Registration Certificate of the Mother Yacht. Extended Range Yacht Tenders shall be engaged solely and exclusively in the business of the Mother Yacht.

The requirements detailed therein are to be applied in conjunction with the requirements in Section 22 of the CYC, as amended and Section 19 of the sCYC as amended.

Furthermore, Existing Extended Range Yacht Tenders shall comply with such guidelines by not later than the Mother Yacht's first periodical survey on or after 1st June 2024.

The Commercial Yachts Extended Range Tender Guidelines may be found here

The Commercial Yachting Notice 2 Rev.1 may be found here

• The sCYC Request for Crew Authorisation Attestation with respect to requests for Crew Authorisation Attestations which may be required by certain Port Authorities in order to grant commercial yachts charter licences (as per sCYC Section 16.12). This provides a standard request form to be submitted to the MSD yachting section together with support documentation by Recognised Organisations or by Appointed Government Surveyors or by the yacht's Maltese Legal Representative.

The standard request form may be found here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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