MALTA Trends and Developments Contributed by: Ann Fenech, Adrian Attard, Martina Farrugia and Daniel-Luc Farrugia, Fenech & Fenech Advocates
that visiting yachts calling at Malta for the pur - pose of commencing a charter operation and/or for berthing/mooring purposes and/or to receive a service, but whose normal course of opera - tions and navigation is outside Maltese territorial waters, are exempt from complying with the pro - visions of the Commercial Vessels Regulations. However, such yachts must provide a copy of the registration document indicating the com - mercial status of the yacht and, if applicable, a valid licence or permit to operate commercially as may be required by their flag state. The subject of yacht charters sees a coupling of Malta’s steadily increasing reputation as a yacht - ing hub on a legislative front with the attractive - ness it may offer those seeking an alternative cruising ground in the Mediterranean. While it is a fact that the concentration of yacht charters has traditionally and will very much remain scattered along the French Riviera, as a result of its unique location and proximity to Sicily and Tunisia, Malta undeniably offers a fascinating option as the starting point to a charter holiday in the Mediterranean. It is hoped that this recent development will incentivise the commencement of more charters from Malta and attract more of these outstanding vessels to Maltese shores. Malta’s EEZ: Expression of Interest in Offshore Renewable Energy In 2023, the Maltese Ministry for Environment, Energy and Enterprise issued a National Poli - cy for the Deployment of Offshore Renewable Energy (NPDOR). Given Malta’s limited land ter - ritory, Malta is looking beyond its shorelines as it seeks to align itself with the EU’s target climate neutrality by 2050.
Back in 2021, the Maltese parliament enacted the Exclusive Economic Zone (EEZ) Act, by means of which Malta extended its EEZ beyond its territorial waters of 12 nautical miles, cover - ing an area far exceeding the archipelago’s land mass. The Policy identified six potential areas in Malta’s EEZ which could be exploited for the production of renewable energy. On 5 December 2024, two preferred sites were shortlisted, with an initial expression of interest in developing offshore floating wind farms pur - suant to a pre-qualification questionnaire (PQQ). These shortlisted areas have been carefully selected, having regard to several factors includ - ing: • airport buffer zone and harbour approaches;
• aquaculture farm boundaries; • submarine cables and pipelines; • vessel traffic density; • no berthing zones; and • special areas of conservation.
Indeed, additional studies with regard to mari - time spatial planning will be required to avoid the risk of accidents occurring due to increased traffic density in the surrounding areas. The most feasible sources of renewable ener - gy, in addition to floating offshore wind farms, are likely to be floating offshore solar farms, as traditional seabed-mounted structures are not deemed to be a suitable option given the depths of the waters surrounding Malta. Pursuant to the NPDOR and the subsequent PQQ, it is expected that the offshore renew - able energy markets in Malta will shortly start
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