malta passenger yacht code

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Malta Passenger Yacht Code Overview

The revised Passenger Yacht Code (PYC) was introduced by the Transport Malta Directorate on the 25th of May 2021, the code may be accessed here .

This code was born out of necessity to cater to the needs and realities of the ever-expanding yachting industry in Malta .  The code was drawn up by the Merchant Shipping Directorate within Transport Malta in close coordination with various major stakeholders in the industry, ranging from yacht manufacturers, appointed surveyors, and recognized organizations, aiming to serve as a widespread representation of the industry.

Which yachts fall under Malta’s Passenger Yacht Code?

This revised code is specifically designed for and applicable to passenger yachts which:

• Carry more than 12 people but no more than 36 (no more than 200 total persons) ;
• Do not carry cargo;
• Are engaged in international voyages.

Requirements to be satisfied to be registered under PYC

Passenger yachts which are registered under the Malta flag are required to meet SOLAS and other applicable Conventions’ requirements.

Additionally, passenger yachts qualifying under the PYC must be surveyed, certified, audited, and issued with Class and Statutory Certificates by Recognised Organisations.

It is important to note that the revised PYC does not apply to:

• Commercial yachts carrying 12 or less passengers (the Malta Commercial Yacht Code applies in this case);
• Passenger commercial/cruise vessels engaged exclusively in domestic navigation;
• Passenger commercial/cruise vessels carrying more than 36 passengers;
• Vessels engaged in the ferrying of passengers;
• Pleasure craft and yachts not employed in commercial use;
• Fishing vessels;
• Vessels owned or operated on non-commercial services;
• Passenger ships whose total complement of persons onboard is greater than 200 persons.

Malta Passenger Yacht C ode (PYC) vs Malta Commercial Yacht Code (CYC)

In 2020, the Merchant shipping directorate along with Transport Malta, drew up a revised CYC which became effective as of 1 st January 2021.

The CYC distinguishes itself from the PYC by applying to:

• Yachts engaged in commercial operations which do not carry 12 or more people;
• Yachts ≥ 15 m in length overall and < 24 m in length;
• Yachts ≥ 24 m in length and < 500 GT;
• Yachts ≥ 500 GT.

Another difference can be seen when it comes to commercial yachts certified in accordance with CYC, where such yachts may be granted one of three navigation notations as follows:

• Navigation within 60 miles from a safe haven (Short Range);
• Navigation within 150 miles from a safe haven;
• Unrestricted Navigation.

Whilst passenger yachts certified under the remit of the PYC may carry out International (Unrestricted) Voyages or Short International Voyages, as defined by SOLAS:

• International (Unrestricted) Navigation is an unrestricted navigation notation;
• Short International Navigation is a navigation notation concerning an international voyage in the course of which a ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety.

To summarise

Prior to the Passenger Yacht Code introduction, yachts carrying more than 12 passengers that fell outside of the Malta Commercial Yacht Code’s scope had to satisfy similar requirements to those applicable to passenger ships. These requirements were often regarded as being impractical and limiting in functionality when considering a passenger yacht’s design and general operations.

This newly revised PYC shows that the Merchant Shipping Directorate is committed to keeping up with the requirements of the flourishing yachting industry in order to maintain Malta’s status as a quality flag, this indication of commitment to future growth is wholly welcome as it signifies the close eye Transport Malta along with the Merchant shipping directorate, are keeping on the practical needs and demands required to nurture long term growth in this sector .

The article is intended to serve as a general guide on the subject matter. For further information and guidance on the subject we recommend seeking professional assistance.

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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

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• Transport Malta launches consultation on the Malta Passenger Yacht Code

The Authority for Transport in Malta has launched a consultation process aimed at revising the 12 passenger limitation on board yachts.

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As part of the Consultation process Transport Malta launched the Malta Passenger Yacht Code 2020.

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

E-mails with feedback/suggestions may be sent to [email protected] . The consultation process will end on February 2021.

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Malta’s New Passenger Yacht Code: Commercial Yachts to Carry More Than 12 Passengers in International Waters

By Merchant Shipping Notice no. 171, the Merchant Shipping Directorate officially adopted the much-anticipated Passenger Yacht Code (PYC). The Code has been praised for tapping into a market previously overlooked.

The implementation of the PYC means that commercial yachts wishing to carry more than 12 passengers in international waters can do so by qualifying thereunder. Previously, said yachts would require to be certified as a fully-fledged passenger vessel – a significantly onerous certification considered by stakeholders as disproportionately expensive and complex.

As a result, Maltese flagged commercial yachts can now engage in international transportation of up to 36 passengers, with no more than 200 persons in total onboard (i.e. including crew, attendants and other staff). With the advent of an ever-growing superyacht industry, the PYC couldn’t come at a better time.

The Code considers the risks and liabilities of international sea passage and thus sets out equivalency requirements such as those to the provisions of Article 8 of the International Convention on Load Lines and Regulation I-5 of the International Convention on Safety of Life at Sea.

For instance, the PYC requires that Passenger yachts are surveyed, certified and audited, and issued with Class and Statutory certificates applicable to Passenger Vessels, and this by recognised organisations delegated by the Merchant Shipping Directorate. Auditors, plan-approval Staff and Surveyors should be experienced and qualified in Passenger Ships. Passenger Yachts are also required to meet certain SOLAS and Maritime Labour Convention Rules, and minimum standards are set out in the Code to account for key Flag and Port state Regulations and International Conventions and Protocols including MARPOL, COLREG, and STCW.

Ultimately, the protection of staff, passengers and the environment must take priority. The Maltese Flag has built its international reputation by promoting the safeguarding of seafarers’ rights, the environment and the maritime industry itself.  Any incentive to attract business to the Flag must always be managed with adequate regulation and tools of enforcement.

The Merchant Shipping Directorate has reached such a balance in the PYC.

The Passenger Yacht Code entered into force on the 25 th of May 2021 and can be accessed here .

This article is not intended to constitute legal advice and neither does it exhaust all relevant aspects of the topic.

The research work disclosed in this publication is partially funded by the Endeavour Scholarship Scheme (Malta). Project part-financed by the European Social Fund; Operational Programme II – European Structural and Investment Funds 2014-2020 “Investing in human capital to create more opportunities and promote the well-being of society”.

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Adoption Of The Maltese Passenger Yacht Code

The Malta Merchant Shipping Directorate has announced the entry into force of the Passenger Yacht Code (PYC), with effect from the 25 th of May 2021.

It is widely recognised that when considering the operational pattern and risk profile of commercial yachts, the requirements for commercial passenger ships are in some instances disproportionately onerous and impracticable in terms of design and operations. Moreover, as large commercial yachts grow in size, the 12 passenger limitation has become more and more perceptible and the Maltese Merchant Shipping Directorate, spurred on by encouragement from the industry, have developed equivalent arrangements in the form of a Passenger Yacht Code.

The Malta Passenger Yacht Code (PYC) has been drawn up in consultation with various industry stake holders including yacht designers, yacht builders, yacht managers, yacht builders’ associations, repair yards, specialised service providers and manufacturers and Appointed Surveyors and Recognised Organisations, as a wider representation of the industry.

A Passenger Yacht, registered under the Malta Flag, shall meet SOLAS and other applicable Conventions’ requirements. In lieu of certain disproportionally onerous Conventions’ requirements the Passenger Yacht may meet the requirements of the PYC which includes a number of dedicated equivalencies. This Code is specifically designed and intended for Passenger Yachts, which carry more than 12 passengers up to 36 passengers, which carry not more than 200 persons, which do not carry cargo and which are engaged on international voyages.

The proactive approach taken by the Maltese Shipping Registry in fine tuning its regulations, give testimony to the fact that the Malta Flag is further consolidating its reputation as the primary Flag of Confidence of choice.

The Passenger Yacht Code and a Synopsis of the code, may be downloaded from the following links:-

• Passenger Yacht Code
• Passenger Yacht Code – Synopsis

For more information or to discuss these developments with us, please contact us on [email protected]

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Passenger Yacht Code (PYC) 2021 updates by Transport Malta

Transport Malta Directorate recently announced the introduction of a new Passenger Yacht Code (PYC) which is effective and came into force on the 25th May 2021.  This relates to Passenger Yachts which carry between 13 and 36 Passengers (but not more than 200 persons), which do not carry cargo and which are engaged on international voyages.

It is a widely recognised fact that when considering the operational pattern and risk profile of yachts, the requirements for commercial passenger ships are in some instances disproportionately onerous and technically impracticable in terms of design. Moreover, as large commercial yachts grow in size, the 12-passenger limitation has become a limitation hence the development of this new Code; drawn up in consultation with various industry stake holders including yacht designers, yacht builders, yacht managers, repair yards, specialised service providers and manufacturers and Appointed Surveyors and Recognised Organisations, as a wider representation of the industry.

This Code contains a set of equivalencies issued under the provisions of Article 8 of the International Convention on Load Lines (ICLL), 1966 and Regulation I-5 of the International Convention on Safety of Life at Sea (SOLAS).

The PYC Code and Synopsis by Transport Malta may be downloaded via the link.

Contact us here for free consultation on the Registration of your yacht.

Please note that Commercial Yachts carrying 12 or less passengers shall comply with the requirements of the Commercial Yacht Code (CYC), as amended.

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Malta introduces new Passenger Yacht Code

By: Fenech & Fenech Advocates | Author: Stephanie Farrugia, Associate  – Ship Registration and Finance Departments

In response to the needs and realities of the yachting industry and heeding the advice of numerous stakeholders in the business, the Merchant Shipping Directorate has introduced the Passenger Yacht Code (PYC).

This code, which entered into force on 25 May 2021, lays out a pragmatic approach to an increased demand for larger yacht operators that wish to carry more than 12 passengers, while simultaneously ensuring that the highest safety standards, which are more suited to these kinds of vessels, are applied and maintained.

Applicability

The scope of the PYC’s applicability is passenger yachts that:

• carry more than 12 and up to 36 passengers, and no more than 200 persons overall (the master, crew or other persons employed on board are excluded from the definition of “passenger”);
• do not carry cargo; and
• are engaged on international voyages.

The PYC exclusively caters for the yachting sector and clearly lists the scenarios that fall outside scope. Pleasure yachts not employed for commercial use are excluded from its scope; however, private and pleasure yachts that carry at least 13 guests are encouraged to voluntarily comply, as far as is practicable, with the standards laid out therein.

The PYC was developed with an awareness of the challenges involved in applying certain international convention standards that were originally intended for merchant vessels, to modern passenger yachts or superyachts. Prior to its introduction, yachts carrying more than 12 passengers, and that fell outside of the Malta Commercial Yacht Code’s scope (which caters for yachts engaged in commercial operations that do not carry more than 12 passengers), had to satisfy similar requirements to those applicable to passenger ships. These requirements were often regarded as being too disproportionate and onerous when considering a passenger yacht’s design and general operations. The PYC also aims to better safeguard the protection of life and property at sea, and it strives to continue to promote the prevention of marine pollution from yachts.

Key provisions and acceptable equivalences

The PYC is divided into a number of sections, each containing provisions that address aspects of a passenger yacht’s technical specifics and overall operations, including parts on:

• construction and stability;
• machinery and equipment;
• safety of navigation;
• fire protection, detection and extinction; and
• manning and crew certification.

The PYC outlines several dedicated equivalences to international convention requirements, including those emanating from provisions in the International Load Line Convention, as amended in relation to plimsol markings, sill or coaming heights and glazing. There are also numerous equivalences to requirements in the International Convention for the Safety of Life at Sea (SOLAS), as amended – requirements which, in view of the passenger yachts’ technical specifics, design, size, and operational pattern, may be considered impracticable.

In parallel, and without compromising overall safety or weakening standards, the PYC provides for requirements enhanced beyond several of the SOLAS provisions, as well as additional equipment and requirements that are deemed appropriate and more suitable for these kinds of vessels. For instance, the PYC provides for enhanced safety and survivability requirements in lieu of the carriage of lifeboats, subject to conditions laid out in therein.

As far as the Merchant Shipping (Maritime Labour Convention) Rules 2013 (MLC) are concerned, the PYC dedicates a section to certain acceptable equivalences relating to crew accommodation, stores and recreational facilities that passenger yachts of less than 1,250 gross tonnes may opt to comply with in lieu of the provisions laid out in part IV of the MLC, “Accommodation and Stores”. The PYC also lays down additional requirements in a separate section for personnel protection.

The PYC includes a section on marine pollution prevention and it reiterates the requirements that all PYC compliant vessels are to meet under:

• the International Convention for the Prevention of Pollution from Ships (MARPOL), as amended;
• the International Antifouling System Convention; and
• the Ballast Water Management Convention.

In this regard, passenger yachts will be surveyed and certified in line with the relevant international conventions, and they must carry the relative MARPOL manuals, plans and records (as applicable) on board.

The applicable requirements for surveys, audits and certifications are also covered. Passenger yachts will be classed by a recognised organisation and surveyed, certified, audited and issued with the class and statutory certificates applicable to passenger vessels. Additionally, the recognised organisation will issue a certificate confirming compliance with the PYC.

Another notable addition in the PYC is the set of guidelines for the static chartering of passenger yachts, whereby a passenger yacht that is berthed or anchored at sea is allowed to carry more than 36 passengers. An application must be filed with the Merchant Shipping Directorate – Yachting Section and, if successful, the passenger yacht is issued with a statement from Transport Malta that allows static charters to be held on board. Local port authorities must be kept informed when such a static charter is planned, and the conditions laid out in the guidelines must be upheld. As a growing market trend, this is a welcome addition for passenger yachts flying the Malta flag.

With the PYC, the Merchant Shipping Directorate has taken a significant step in attracting more yachting tonnage to its fleet and to maintain its status as a quality flag of confidence that is respectful of the demands of this fast-evolving industry. The Merchant Shipping Directorate is committed to the growth of this sector, as has also been seen more recently with the introduction of the Commercial Yacht – Pleasure Yacht Changeover Guidelines on 2 September 2021. These guidelines aim to assist all stakeholders by clarifying the salient features and procedural aspects of the changeover in yacht status from pleasure to commercial and vice-versa under the Malta flag – an option often availed by Malta-flagged yacht owners.

©Fenech & Fenech Advocates 2021 Disclaimer │ The information provided in this Article does not, and is not intended to, constitute legal advice. All information, content, and materials available are for general informational purposes only.   This Article may not constitute the most up-to-date legal or other information and you are advised to seek updated advice.

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Malta implements a new passenger yacht code: more than twelve passengers, publication.

20 September 2021

Malta is a well-known and popular jurisdiction within the yachting sector. It has the largest shipping register of vessels in the EU and the 6 th largest in the world. It is also a jurisdiction that is ‘leading the way’, with a number of initiatives in this sector.

Current Obligations

Yachts need to meet obligations for ‘commercial passenger ships’ and it is widely recognised when considering the operational pattern and risk profile of yachts, that these requirements, are in some instances disproportionately onerous and impractical in terms of design and implementation.

As the trend for larger commercial yachts increases, the 12 passenger limitation rule has become more problematic and has resulted in an increase in administration for a number of organisations, including the Malta Merchant Shipping Directorate. This, combined with encouragement from the yachting industry, has provided impetus for Malta to develop the ‘Passenger Yacht Code’, to meet industry demands.

The Malta Passenger Yacht Code

The Malta Passenger Yacht Code is applicable to passenger yachts, which carry between 12 and 36 passengers, do not carry cargo, and which sail internationally. The Code is intended to cater exclusively to the yachting sector of the market, it is not intended to apply to the excursion and/or ferry passenger sectors of the industry.

The new yacht code has been drafted 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, appointed surveyors and recognised organisations. This has been to ensure a wide representation of the industry.

Details of the Malta Passenger Yacht Code

A passenger yacht must be; surveyed, certified, audited and issued with Class and Statutory Certificates, applicable to passenger vessels, by a recognised organisation. Class Rules relating to passenger vessels will apply. Approval staff, auditors and surveyors must be experienced and qualified in passenger ship planning, audits, and surveys.

The Malta Passenger Yacht Code provides addition regulation, in particular in relation to safety, for example; life- saving appliances and arrangements, life at sea safety, navigation safety, and protection of personnel.

Passenger Yachts Chartered on a Static Basis

Where a passenger yacht remains static; berthed or anchored at sea, the yacht may be allowed to carry more than 36 passengers, as provided for in The Malta Passenger Yacht Code. For a passenger yacht to be able to be chartered on a static basis, the yacht would need to be issued with a statement by the Flag Authority, permitting static charters.

The Certification Process

Once owners submit the necessary documentation and complete the designated survey and inspections, the Maltese Flag Authorities will issue the vessel with a Statutory Certificate.

All passenger yachts must, in addition, be classified by a Recognised Organisation (RO), and must maintain a valid classification throughout the validity period of the yacht’s statutory certificate. The applicable RO Rules for classification purposes are those used for the classification of passenger ships. Upon satisfactory completion of  the required surveys or audits, the yacht’s RO needs to issue a certificate, confirming compliance with the Malta Code.

Passenger yachts certified under the remit of the Code may carry out International (Unrestricted) Voyages or Short International Voyages, as defined by The International Convention for the Safety of Life at Sea (SOLAS).

Advantages of the Malta Passenger Yacht Code

The introduction of the Malta Passenger Yacht Code is a welcome development for those who plan to register larger commercial yachts under the Malta flag. It enables larger yachts to carry between 12 and 36 passengers.

It offers a solution to the many technical issues and concerns which were previously faced by prospective registrants.

Additional Information

If you would like further information regarding the registration of a yacht and opportunities available through Malta, please speak to  Jonathan Vassallo :  [email protected] , at the Dixcart office in Malta or your usual Dixcart contact.

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Malta Yacht Code

Large yacht code.

The Commercial Yacht Code was developed in line with international regulations and other industry standards and caters for yachts of 15 meters in overall length and that do not carry cargo and do not carry more than 12 passengers. Over the years the Code has been updated and refined to reflect changes in today’s yacht market, not only in terms of the increasing size and complexity of yachts being designed and built, but also to cover recent industry developments. The Code was developed in such a way to facilitate it’s use by surveyors as well as non-technical personnel involved in the day to day management of yachts and superyachts.

Passenger Yacht Code

The Malta Passenger Yacht Code was published in response to the increasing size of commercial yachts, and the need for larger yachts to accommodate more than 12 guests.

A Passenger Yacht, registered under the Malta Flag, shall meet SOLAS and other applicable Conventions’ requirements. In lieu of certain disproportionally onerous Conventions’ requirements the Passenger Yacht may meet the requirements of the PYC which includes a number of dedicated equivalencies.

This Code is specifically designed and intended for Passenger Yachts, which carry between 13 and 36 passengers, which carry not more than 200 persons onboard, which do not carry cargo, and which are engaged on international voyages.

Malta Commercial Yacht Code (982 KB PDF)

Malta Passenger Yacht Code (1,154 KB PDF)

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The Malta Flag Introduces the New Commercial Yacht Code 2020 and The Draft Malta Passenger Yacht Code 2020

February 19, 2021

The New Commercial Yacht Code 2020

Effective as at 1st January 2021, the Merchant Shipping Directorate published the new Commercial Yach t Code 2020 (the “CYC 2020”) revising and improving on the provisions of the previous Commercial Yacht Code 2015 (the “CYC 2015”). Following the publication of the CYC 2015, which proved to be an industry favourite due to its vast contribution towards the proliferation of a cleaner and safer Malta registered commercial yacht fleet , the Directorate almost immediately began receiving constructive feedback from interested parties and held several discussions with both customers and regulators which led to the CYC 2020 being introduced.

The CYC 2020 is the fourth edition drawn up by the Directorate and has been made applicable to all commercial yachts. Notably, existing commercial yachts already certified in accordance with the CYC 2015, shall comply with the requirements of the CYC 2020 by not later than the yacht’s first periodical survey carried out after the 1st June 2021. The Directorate and the CYC 2020 itself have placed a particular focus on providing for special consideration in relation to the phasing-in of new and optimised applicable requirements on existing yachts.

The CYC 2020 was drawn up following various consultations over the last five years with industry stakeholders including but not limited to yacht builders and repair yards, surveyors, specialised service providers and manufacturers, yacht management companies, and the Professional Yachtsman Association serving as a wide encompassing representation of the yachting industry in Malta. The Code has been published with the ultimate aim of better serving the needs of the ever-growing Maltese yachting industry by optimising the regulatory regime to the particular needs, demands and technologies of this industry, whilst ensuring conformity with safety and international regulations and standards which are relevant to International Conventions, EU Directives, and the industry standards. In fact, it is evidenced that a substantial number of the newly introduced requirements seek to cover further the safety aspects of commercial yachting in Malta together with technical and technological demands of such industry, in order to keep intact with the limitless technological developments and improvements currently being experienced within the yachting industry .

Opportunely, the Directorate has provided the full details of the improvements undertaken within the CYC 2020 through Annex 1 of the code itself, in addition to a synopsis of the main amendments and improvements to the CYC 2020 which has also been made available online. By way of summary, it may be garnered that the main amendments and additions made to the CYC 2020 aim at primarily improving the health and safety of passengers at sea, enhancing the structural aspects of commercial vessels including provisions on the design and safety of helicopter landing areas onboard, safeguarding the welfare of seafarers at onboard commercial vessels, and improving the vital protection of our marine environment amongst others. Explicitly, the latest amendments introduced relate to the following matters:

• The Application and Interpretation of the CYC 2020;
• Yacht Structural Strength and Watertight Integrity;
• Rigging on Sailing Yachts;
• Yacht Machinery;
• Electrical Installations;
• Intact and Damage Stability;
• Life-Saving Appliances;
• Fire protection;
• Onboard Equipment;
• The Maritime Labour Convention 2006;
• Protection of Personnel;
• Navigation and Communication;
• Marine Pollution Prevention;
• Manning and Crew Certification;
• Medical Stores;
• Survey and Certification;
• Tenders and Ancillary Craft;
• Static Chartering; and
• Helicopter Landing Areas.

For further detail on these latest amendments and their impact on the yachting industry in practice, please contact our shipping experts , so that they may guide you accordingly.

The Draft Malta Passenger Yacht Code 2020

In addition to the CYC 2020, spurred on by encouragement from the Maltese yachting industry and following various consultations with industry stakeholders, the Directorate has also recently presented and published a draft version of the Malta Passenger Yacht Code 2020 (the “PYC 2020”) for consultation purposes. In this regard, the Directorate is currently awaiting further feedback and suggestions from industry players until the end of this month so that the draft code may be revised in light of feedback and experience gained.

Due to the fact that passenger yachts are growing in size, the Directorate felt that the 12-passenger limit has inopportunely become rather perceptible, therefore similar to other national authorities and administrations, the Directorate has taken action through the PYC 2020 with the aim of tackling this industry demand. The PYC 2020 has been introduced and drafted primarily to cater for passenger yachts above or equal to 500 gross tonnages, which carries more than 12 passengers, which carry not more than 200 persons, which do not carry cargo and which are engaged on international voyages.

Notably, emails with any sort of suggestions or feedback may be sent to [email protected] ; as stipulated above, the consultation process shall close by the end of February 2021.

About the Authors

For further information on the Commercial Yacht Code 2020, the Passenger Yacht Code 2020, and any other yachting enquiries, kindly contact our Authors, Dr Rachel Genovese, CSB Group Assitant Manager - Business & Regulated Industries ( [email protected] ) and/or Dr Edward Meli, CSB Group Business and Corporate Advisor ( [email protected] ).

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The Malta Flag Introduces The New Commercial Yacht Code 2020 And The Draft Malta Passenger Yacht Code 2020

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The New Commercial Yacht Code 2020

Effective as at 1st January 2021, the Merchant Shipping Directorate published the new  Commercial Yach t Code 2020 (the “CYC 2020”) revising and improving on the provisions of the previous Commercial Yacht Code 2015 (the “CYC 2015”). Following the publication of the CYC 2015, which proved to be an industry favourite due to its vast contribution towards the proliferation of a cleaner and safer  Malta registered commercial yacht fleet , the Directorate almost immediately began receiving constructive feedback from interested parties and held several discussions with both customers and regulators which led to the CYC 2020 being introduced.

The CYC 2020 is the fourth edition drawn up by the Directorate and has been made applicable to all commercial yachts. Notably, existing commercial yachts already certified in accordance with the CYC 2015, shall comply with the requirements of the CYC 2020 by not later than the yacht's first periodical survey carried out after the 1st June 2021. The Directorate and the CYC 2020 itself have placed a particular focus on providing for special consideration in relation to the phasing-in of new and optimised applicable requirements on existing yachts.

The CYC 2020 was drawn up following various consultations over the last five years with industry stakeholders including but not limited to yacht builders and repair yards, surveyors, specialised service providers and manufacturers, yacht management companies, and the Professional Yachtsman Association serving as a wide encompassing representation of the yachting industry in Malta. The Code has been published with the ultimate aim of better serving the needs of the ever-growing  Maltese yachting industry  by optimising the regulatory regime to the particular needs, demands and technologies of this industry, whilst ensuring conformity with safety and international regulations and standards which are relevant to International Conventions, EU Directives, and the industry standards. In fact, it is evidenced that a substantial number of the newly introduced requirements seek to cover further the safety aspects of commercial yachting in Malta together with technical and technological demands of such industry, in order to keep intact with the limitless technological developments and improvements currently being experienced within the  yachting industry .

Opportunely, the Directorate has provided the full details of the improvements undertaken within the CYC 2020 through Annex 1 of the code itself, in addition to a synopsis of the main amendments and improvements to the CYC 2020 which has also been made available online. By way of summary, it may be garnered that the main amendments and additions made to the CYC 2020 aim at primarily improving the health and safety of passengers at sea, enhancing the structural aspects of commercial vessels including provisions on the design and safety of helicopter landing areas onboard, safeguarding the welfare of seafarers at onboard commercial vessels, and improving the vital protection of our marine environment amongst others. Explicitly, the latest amendments introduced relate to the following matters:

• The Application and Interpretation of the CYC 2020;
• Yacht Structural Strength and Watertight Integrity;
• Rigging on Sailing Yachts;
• Yacht Machinery;
• Electrical Installations;
• Intact and Damage Stability;
• Life-Saving Appliances;
• Fire protection;
• Onboard Equipment;
• The Maritime Labour Convention 2006;
• Protection of Personnel;
• Navigation and Communication;
• Marine Pollution Prevention;
• Manning and Crew Certification;
• Medical Stores;
• Survey and Certification;
• Tenders and Ancillary Craft;
• Static Chartering; and
• Helicopter Landing Areas.

For further detail on these latest amendments and their impact on the yachting industry in practice, please  contact  our  shipping experts , so that they may guide you accordingly.

The Draft Malta Passenger Yacht Code 2020

In addition to the CYC 2020, spurred on by encouragement from the Maltese yachting industry and following various consultations with industry stakeholders, the Directorate has also recently presented and published a draft version of the Malta Passenger Yacht Code 2020 (the “PYC 2020”) for consultation purposes. In this regard, the Directorate is currently awaiting further feedback and suggestions from industry players until the end of this month so that the draft code may be revised in light of feedback and experience gained.

Due to the fact that passenger yachts are growing in size, the Directorate felt that the 12-passenger limit has inopportunely become rather perceptible, therefore similar to other national authorities and administrations, the Directorate has taken action through the PYC 2020 with the aim of tackling this industry demand. The PYC 2020 has been introduced and drafted primarily to cater for passenger yachts above or equal to 500 gross tonnages, which carries more than 12 passengers, which carry not more than 200 persons, which do not carry cargo and which are engaged on international voyages.

Notably, emails with any sort of suggestions or feedback may be sent to  [email protected] ; as stipulated above, the consultation process shall close by the end of February 2021.

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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