MALTA Law and Practice Contributed by: Ann Fenech, Adrian Attard, Lara Saguna Axiaq and Martina Farrugia, Fenech & Fenech Advocates
tain updated navigational information, including the location of any wrecks or groundings of vessels. Malta ratified the Nairobi International Convention on the Removal of Wrecks 2007, which has been trans - posed into Maltese law and applies to all Maltese ships, wherever they may be, and to all other ships, regardless of flag, while located within the territorial waters of Malta. If a wreck is located in Maltese waters and may pose a hazard, the Authority for Transport in Malta is given the power to issue a Wreck-Removal Notice, informing the registered owner of the deadline within which the wreck is to be removed. Should the registered owner fail to remove the wreck, the Author - ity may do so itself at the registered owner’s expense. In the case of a marine accident involving or occur - ring on board a Maltese ship and involving a death, a marine safety investigation may be carried out under SL 234.49, titled the Merchant Shipping (Accident and Incident Safety Investigation) Regulations. The purpose is not to apportion blame or determine civil and criminal liabilities, but to prevent future maritime accidents and incidents. In the case of living and working conditions on board which are clearly hazardous to the safety, health or security of seafarers, or for deficiencies which con - stitute a serious or repeated breach of the Mer - chant Shipping (Maritime Labour Convention) Rules, the Authority for Transport in Malta can hear com - plaints and detain the ship until such time as these are rectified. Where the vessel is not Malta-flagged, the Authority shall immediately inform the flag state administration in writing, or, where unavailable, the consul or nearest diplomatic representative of that state, and may request that the flag state reply within a prescribed deadline. 1.3 Domestic Legislation Applicable to Ship Registration The Merchant Shipping Act, Chapter 234, Laws of Malta (MSA) is the primary legislation governing ship registration. The Act is supplemented by several sub - sidiary regulations which handle all ship-registration matters. The authority responsible for the registra - tion of vessels is the Merchant Shipping Directorate
within the Authority for Transport in Malta, referred to as Transport Malta. 1.4 Requirements for Ownership of Vessels The registered owner of a vessel under the Maltese flag may be a Maltese or non-Maltese entity or be an individual (provided that such individual holds a valid EEA, EU, Swiss or UK passport). In the case of a non- Maltese entity or individual, a resident agent must be appointed in Malta to act as a channel of communi - cation between the Maltese authorities and the non- Maltese owner. The MSA also caters for the possibility of registering a vessel still under construction. 1.5 Temporary Registration of Vessels Under Maltese law, a vessel is initially registered provi - sionally for a period of six months. During this period, mortgages may be registered securely. The provision - al registration may be extended for additional periods of up to a maximum of one year, during which time proof of ownership documentation, together with cer - tain technical documents, needs to be filed with the ship registry for the purposes of obtaining permanent registration. The MSA provides for various registration options: • straight; • bareboat-out; In the case of dual registration, the interests of the owner are registered with the Malta Ship Registry, while charterers also operate the vessel under the Maltese flag. Charterers may apply to obtain vessel certificates in their name, provided that the owner and any registered mortgagees provide their written consent to such an arrangement, and charterers pay registration fees equal to those due by owners. 1.6 Registration of Mortgages The Malta Ship Registry within Transport Malta is responsible for the registration of Maltese mortgag - es over Malta-flagged vessels. The registration of a mortgage over a Malta-flagged vessel takes place by means of a statutory mortgage instrument, which is produced to the Registrar of Ships for registration and • bareboat-in; and • dual registration.
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