Shipping & maritime law newsletter – Issue no. 29 (April 2020)

Authors: Jotham Scerri-Diacono, Jan Rossi, Saman Bugeja, Marcus Rizzo Naudi, Matthew Attard
Published on

Welcome to the April 2020 edition of the GANADO Advocates Shipping & Maritime Law Newsletter.

Undoubtedly, this year is being characterised by the COVID-19 pandemic, which is bringing huge shifts in our way of life. As this crisis has escalated to unprecedented levels, the shipping industry – like other industries, has been severely impacted and is navigating uncharted waters.

In this edition we discuss the Merchant Shipping Notices issued by the Malta Flag Administration with measures to alleviate and support the shipping industry of Maltese merchant ships in these exceptional times. We will also mention the temporary guidelines adopted by the Environment and Resources Authority in relation to the notification procedure of waste from Malta to ensure minimum disruption and timely processing of notifications.

In other news, as a member firm for Lex Mundi, GANADO Advocates prepared the Malta chapter in the Global Climate Change Law Guide. With interest in global climate change policies rising and rising, this guide has been developed to help in-house counsel understand relevant policies, measures and legislation related to climate change regimes in more than 30 jurisdictions around the world.

Meanwhile, Jan Rossi, returned to Malta after his two-month secondment at BW Group in Singapore, whereas Melanie Ramkissoon returned to BW Group after her two-month secondment at GANADO Advocates.

In this edition we also include an overview of our participation in meetings, as well as further news on the shipping industry.

We trust you will find this issue of the newsletter to be of interest. Please free to get in touch with us should you require any further information on any of the reports in this edition.

Keep safe.

Jotham Scerri-Diacono

News

The IMO Carriage ban on non-compliant fuels

Following the introduction of the new 0.5% limit of sulphur in fuel oil on 1st January 2020, the International Maritime Organisation’s (“IMO”) so-called ‘carriage ban’ on non-compliant fuel came into force on the 1st March 2020. In terms of this ban, it will become an offence for ships to carry fuel oils that contain sulphur content higher than 0.5%, unless the ship has a scrubber, or the non-compliant fuel is carried as cargo. Effectively the carriage ban is an additional mechanism aimed at giving teeth to the new global sulphur limit.

Read more here >>

Jotham Scerri-Diacono participates at MMLA’s academic legal briefing

The Malta Maritime Law Association (MMLA) organised an Academic Legal Meeting on 13 February, with the aim to have an open discussion on recent case law and other developments which are of interest to the legal maritime community, with 35 delegates in attendance.

Read more here >>

Jotham Scerri-Diacono joined a panel discussion at Superyacht Investor London conference

Jotham Scerri-Diacono, Partner within GANADO Advocates’ Shipping practice, joined a panel discussion on yacht arrests at Superyacht Investor London conference, which took place between the 5th and 6th of February at The Landmark in London. Superyacht Investor is a yearly gathering for yacht owners and industry dealmakers that brings together over 200 delegates to discuss the latest industry trends.

Read more here >>

Recent Changes to Procedures in relation to Vessel Arrests

Procedures for an arrest of a vessel in Malta have been recently upgraded to enable, for the first time in Maltese legislative history, privately-engaged bailiffs to formally serve a warrant of arrest on ships that are in Maltese territorial seas. Act XXXI is the law that brought these changes into force effective as on the 18th of December 2019. The new law changes the traditional rule that required that service of warrants of arrest must necessarily be done by a Court Official, typically the Court Marshall.

Read more here >>

Contribution to Ship Management International’s Malta Report

Matthew Attard and Jan Rossi have contributed their insights about the current state of play in Malta’s shipping industry to Ship Management International.

Read more here >>

Articles and publications

Lex Mundi Global Climate Change Law Guide

As the Lex Mundi member firm for Malta, GANADO Advocates prepared the Malta chapter in Lex Mundi’s Global Climate Change Law Guide.

Read more here >>

COVID-19 articles

COVID-19: ERA issue temporary procedures in relation to the export of waste from Malta

In light of the COVID-19 pandemic, the Environment and Resources Authority (the “Authority”) has adopted the following “temporary guidelines” in relation to the notification procedure for the transfrontier shipment (“TFS”) of waste from Malta to ensure minimum disruption and timely processing of notifications.

Read more here >>

The Impact of Measures Adopted by the Maltese Authorities on the Shipping Industry in Malta

Like other industries operating in and from the Maltese Islands, the shipping industry has been negatively impacted by the spread of the COVID-19 virus.

Read more here >>

MSD notices

Lawyers’ Exchange Programme 2020

Jan Rossi, an Associate within GANADO Advocates’ Shipping team, spent two months at BW Group in Singapore as part of the exchange programme held with the shipping company. This secondment offered an opportunity to work in another firm, with the aim to create a lasting relationship between the firms, share knowledge, experience, ideas and ultimately build a stronger network.

Melanie Ramkissoon, an in-house legal counsel at BW Group spent two months working at GANADO Advocates.

We trust that this issue of our shipping and maritime law newsletter was of interest to our readers. Should you have any queries, feedback or suggestions to make, please feel free to contact Jotham Scerri-Diacono, Karl Grech Orr or Daniel Aquilina. We will be pleased to hear from you.

This newsletter was co-authored by Ilias Theocharis.

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