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Malta Flag Small Commercial Yacht Code

  • Writer: Manuel Schembri
    Manuel Schembri
  • Oct 4, 2024
  • 3 min read

Updated: Oct 31, 2024

Quick Guide for Brokers and Owners



Malta Flag Small Commercial Yacht Code

Understanding Commercial Yachts:


Under the Malta flag, yachts can be registered with either a pleasure or commercial status. The registration process is the same, but commercial yachts have specific rules and standards.


  • Commercial Yachts: These are yachts intended for chartering to third parties for a fee. Given the nature of this business, the Malta flag ensures higher safety and security standards on board, covering the yacht’s build, stability, operation, life-saving equipment, and crew. These measures provide added safety for both guests and crew during charters.

  • Rules and Regulations: The rules depend on the yacht’s size and intended area of operation. The standards are based on industry best practices, and they are regularly reviewed and updated every five years to ensure they meet current needs.

  • Strict Enforcement: Malta strictly enforces these rules and monitors compliance annually. This approach helps maintain the flag’s reputation and ensures a safe and reliable market for operators.


What are the advantages of the Small Commercial Yacht Code?


  • Applicability: The Code applies to yachts under 24m in load line length (measured from the waterline). Yachts under 12m cannot be coded.

  • Construction Standards: All yachts and their equipment, including engines, must comply with the EU Recreational Craft Directive and hold a CE certification.

  • Life-Saving Equipment: Additional life-saving equipment, such as radio equipment, EPIRBs, life jackets, and more, may be required to comply with the Code.

  • Structural Modifications: Changes to the hull or structure are typically not required if the yacht is built in line with CE certification.

  • Crew Requirements: Crew must have the necessary certifications for their positions, with a minimum safe manning requirement of two.

  • Radio Equipment: Radio equipment must be programmed with the Malta call sign and MMSI, and a report completed by an authorized radio surveyor.

  • Compliance with ILO MLC 2006: The yacht’s contracts and crew certificates must conform to the International Labour Organization’s Maritime Labour Convention, 2006 (ILO MLC 2006).


Appointing a Knowledgeable Surveyor:


  • It is highly recommended to appoint a surveyor familiar with the Malta Small Commercial Yacht Code. This could be a Malta-approved or a Class surveyor.

  • Early Involvement: Involve the surveyor as early as possible – during the build stage or immediately during the acquisition process. The surveyor will guide you on the yacht’s compliance with the Code and any areas that need to be addressed.


By adhering to the Malta Small Commercial Yacht Code, owners and operators can ensure a safe, secure, and reputable operation for chartering purposes.


What are the key advantages for choosing Malta Flag?


Malta’s rich maritime history and expertise make it a popular choice for yacht registration. Here are some key benefits:


  • Stable Jurisdiction: Malta offers a secure and predictable environment for yacht owners.

  • Yacht-Friendly Services: A wide range of services are available, including legal, accounting, financial, and tax services tailored to the needs of yacht owners.

  • Clear Regulations: Malta provides well-defined rules on technical aspects, offering guidance and certainty to designers, architects, engineers, builders, and surveyors.

  • Safety and Security: Malta’s strict regulations have led to an excellent safety and security record over the years.

  • Efficient Authority: Transport Malta, the governing body, understands the yachting industry and provides services within reasonable time frames.

  • Expert Service Providers: Experienced professionals are available to support yacht owners.

  • Open Registration: All types of seaworthy yachts can be registered. Commercial yachts must meet stricter safety and security requirements for crew and guests.

  • Inclusive Ownership: Owners from reputable jurisdictions can register directly or indirectly.

  • No Crew Nationality Restrictions: No restrictions are imposed on the nationality of the crew.


Who Can Register a Yacht?


  • Eligibility: Any EU citizen can register a yacht under the Malta flag. Residency alone is not sufficient. Corporate bodies registered in reputable jurisdictions can also register yachts.

  • For Non-Malta Entities: Entities must first register as an international owner and appoint a Malta-based local agent. Required documents include proof of existence, a copy of the statute, a legal opinion, and power of attorney in favour of the local agent.


Additional Benefits:


  • No Physical Presence Required: Yachts do not need to be in Malta for the registration process and are not required to visit Malta for flagging purposes.

  • Crew Endorsements and Seaman Books: Available for all officers, depending on crew certification.

  • Social Security Contributions: It is possible to pay crew social security contributions in Malta upon registering the yacht under the Malta flag.


Contact Us


For more information call on +356 79678671 or send an email on ag@agadvisory.mt




 
 
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