In order to clearly ascertain the establishment of the yachting industry with respect to the registration of commercial yachts with the Malta flag the Maltese Administration has formulated a specialised code to regulate the technical requirements and operations of commercial yachts.
This code has been highly recognised by the industry due to its endorsement of international and EU standards and due to its identification of industry requisites. The Malta Commercial Yacht Code has been revised and reissued in 2010 in order to strengthen its applicability in view of the increasing developments in marine technology and to ensure that it maintains strength and validity of application.
The newly revised Malta Commercial Yacht Code promotes the use of environmentally friendly solutions at sea through the introduction of the Green Yacht notation. Yachts that are operated at an extra level of environmental responsibility than is customarily required by the Code and that maintain high degree standards of safety are assigned a Green Yacht Notation. Yachts with such a notation reap various benefits, including: charter preference, continuous improvement, better image and motivation and pride of the crew members.
All Malta flagged commercial yachts have considerable cost advantages in relation to registration, since Maltese law prescribes the payment of an annual tonnage tax based on the specific tonnage of their yacht in lieu of a fixed rate of income tax on earnings with savings made on building and operational costs.
The Malta Commercial Yacht Code is applicable to yachts of 15 metres and over in length and not exceeding 3000 GT. Yachts registered under the Malta Commercial Yacht Code should not carry cargo and should not carry more than 12 passengers. The Malta Commercial Yacht Code makes express and separate provision for the registration of historic and training yachts.
When considering the viability of registering a yacht with a commercial status under the Malta flag an initial survey would be required by a Government approved surveyor to ascertain that the yacht is compliant with the terms of the Malta Commercial Yacht Code. The Maltese Administration is open to discussion on the issues of compliance.
An annual survey is to be carried out in respect of all commercial yachts. On yachts below 24 metres in length the annual survey may be carried out by the Master/Engineer, appointed ship surveyor or recognised organisation while, on yachts of more than 24 metres in length the annual survey are to be carried out by an appointed ship surveyor or recognised organisation.
A renewal survey is to be carried out every 5 years for yachts over 24 meters in length and every 4 years for yachts below 24 metres in length. During a renewal survey, a survey similar to the one carried out during initial survey must be carried out.
The required documentation for provisional registration of a commercial registered yacht with the Malta flag is as follows:
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Application for registration of a yacht
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Declaration of Ownership on behalf of an Individual or body corporate as owner of the yacht
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Documents pertaining to the owner of the yacht whether an Individual or body corporate
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Copy of the Builder’s Certificate or Bill of Sale
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Copy of the Yacht’s CE Declarations of Conformity/ CE Certification
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Hull number (usually found on Builder’s Certificate or CE Declarations)
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Deletion Certificate from Previous Flag (where applicable)
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International Tonnage Certificate (ITC) for yachts exceeding 24 meters in length
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Anti-Fouling Certificate or Anti-Fouling Declaration signed by the owner or owner’s representative for yachts exceeding 24 meters in length
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Application for Ship Station Licence – Individual Operational
During the process of provisional registration and in order to proceed with the issue of a Permanent Certificate of Malta Registry, the following documentation shall be required:
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International Load Line Certificate issued on behalf of the Malta flag (if the yacht is over 24 meters in length)
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Inspection report issued by a Classification Society or Government approved surveyor (if the Commercial yacht is under 500GT)
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Certificate of Survey
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A Safety Radio Certificate (if the yacht is over 300GT)
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An International Oil Pollution Prevention Certificate (if the yacht is over 400GT)
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ISM and ISPS Certificates (if the yacht is over 500GT)
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Air Pollution Prevention Certificate
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Sewage Compliance Certificate in line with MARPOL ANNEX VI
Once all documents have been submitted to the Authority and the registration requirements have been met the Authority will issue the following documents:
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Permanent Certificate of Malta Registry
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Certificate of Compliance to Trade as a Commercial Yacht (for yacht over 24 meters in length but below 500GT)
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Minimum Safe Manning Certificate (for yachts over 24 meters in length)
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Ship Station Licence – Individual Operational
