On the 10th of May 2022 the Merchant Shipping Directorate of Transport Malta released its second commercial yachting notice pursuant to which it informed the yachting industry of its Commercial Yachts Extended Range Tender Guidelines (the “Guidelines”), issued on the same day.
Tenders in terms of the Malta Commercial Yacht Code (the “CYC”) may operate only within a three (3) nautical mile radius from the mother yacht however on a case-by-case basis the Registrar-General of Shipping and Seamen may accept an extended tender operating area up to a twenty (20) nautical mile radius from the mother yacht, subject to certain requirements. The Guidelines, which must be read in conjunction with the rules within the CYC, have been issued by the Merchant Shipping Directorate with the aim to regulate and establish certain procedural and safety measures and rules of certification with respect to extended range tenders which are equal to or less than 24 metres in length of hull, which are designated as an appurtenance and which fall under the registration certificate of the mother yacht (the “Extended Range Tenders”).
Amongst the key features of the Guidelines, the Guidelines establish minimum equipment required onboard, requirements with respect to surveys to be carried out on such tenders (which must be CE Certified) and the obligation for an insurance policy to be taken out to cover the tenders. The Guidelines also establish certain safety requirements such as Extended Range Tenders shall never carry more than twelve (12) passengers and that these tenders should be adequately and safely manned at all times with crew holding a valid nautical licence.
The Guidelines further regulate the release of an extended tender survey report, which report is required together with a copy of the Extended Range Tender’s builder’s declaration of conformity and a copy of the Extended Range Tender’s registration certification for the release by Merchant Shipping Directorate of a commercial yacht extended range tender certificate (subject to a satisfactory review of the survey report). The certificate will be issued upon the payment of the necessary fee.
The Guidelines shall be applicable from the 1st June 2022 and existing Extended Range Tenders shall comply with the Guidelines by not later than the mother yacht’s first periodical survey on or after the 1st June 2022.
The Guidelines epitomise Malta’s proactive and sophisticated approach to ensure adequate safety and regulation of Malta’s commercial yachting fleet. Through the Guidelines the Maltese flag continues to cement its position as a reputable and leading maritime flag with respect to safety and regulation of its fleet.
The Guidelines may be found here.
For further information on ship and yacht registration under the Malta flag please contact Matthew Cassar on email matthew.cassar@fenechlaw.com.