Shipping & maritime law newsletter – Issue no. 33 (February 2022)

Authors: Jotham Scerri-Diacono, Jan Rossi, Matthew Attard, Karl Grech Orr, Sasha Muscat, Nigel Vella Micallef, Saman Bugeja, Nikolai Lubrano
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Welcome to our 33rd edition of the Ganado Advocates’ shipping and maritime law newsletter. In this issue, we feature the most recent webinar we participated in about Covid’s impact on the industry, as well as a series of articles on different subjects of interest and our most recent podcasts in the Ganado Meets series.

In this issue, we highlight judgments of international interest and include an interesting article about the industry and its contribution to the Maltese economy. We also feature articles about environmental protection and ship recycling, the yacht changeover guidelines issued in September last year, Regulation 1069/2009 on animal by-products and derived products as well as the law regulating stowaways at sea.

In our most recent episode of Ganado Meets Transport, we discuss the prospects and challenges of the Maltese maritime industry with a major player in the Italian shipping industry. We also delve into maritime-related cultural heritage in our first episode of Ganado Meets Maritime.

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

Keep safe!

Jotham Scerri-Diacono

News

How has Covid impacted shipping and what are the short, medium and long-term implications?

A digital debate, organised by Ship Management International, brought together shipping lawyers from different European jurisdictions to discuss the challenges that the shipping industry faced during the course of the pandemic.

Read more and watch the debate >>

Articles and publications

The maritime industry within a modern world

Although viewed as one of the most fundamental aspects of the Maltese economy, the ‘maritime’ industry is both poorly categorised and often underutilised. Grouped together informally as a collection of trades rooted in their proximity and dependence to the sea, the maritime industry is nonetheless one of the best performers in the modern economy of the Maltese islands.

Read more here >>

The industrial tribunal: No jurisdiction in the case of seaman’s unfair dismissal

On the 15 September, in the case ‘Albert Gyorgy vs. Crystal River Cruises Manning Ltd’, the Court of Appeal in its inferior jurisdiction declared, among other things, that the Industrial Tribunal was not the competent court to determine a seaman’s unfair dismissal case. The ordinary courts were vested with jurisdiction.

Read more here >>

Landmark judgement delivered by the ECJ in relation to the rights of passengers travelling by sea and inland waterway

In September 2021, the European Court of Justice delivered a preliminary ruling in relation to the interpretation of the provisions of Regulation (EU) 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway.

Read more here >>

Introduction to the Commercial Yacht – Pleasure Yacht Changeover Guidelines

On the 2 September 2021, the Merchant Shipping Directorate issued the ‘Commercial Yacht – Pleasure Yacht Changeover Guidelines’ which highlight the procedure when yacht owners intend on changing the registration status of a Malta flag yacht from that of a pleasure yacht to that of a commercial yacht and vice-versa.

Read more here >>

Stowaways: Legal implications

This article discusses stowaways on board ships and vessels generally. Since time immemorial, stowaways have been an ever-present concern for the international community and particularly the shipping industry. In more recent time, we have seen controversy arise as to the manner in which stowaways are treated, by both ship operators and the authorities concerned.

Read more here >>

The Impact of EU Regulation 1069/2009 on vessels flying the Malta flag

Regulation 1069/2009 of the European Parliament and of the Council is the principal legislation in the European Union regulating ‘animal by-products’ and ‘derived products’, which are not intended for human consumption. As a Regulation, it is directly applicable in all Member States including Malta.

Read more here >>

Environment and climate regulation in Malta

Ganado Advocates has contributed the Malta chapter in the 2021 edition of Mondaq’s Environment and Climate Change Regulation Guide. The publication provides an overview of some of the key points of law and practice on environmental protection, climate change, waste management, insurance and related disputes.

Read more here >>

The EU Ship Recycling Regulation and the Malta flag position

Malta as a flag state ranks No 1 in Europe and No 6 worldwide in terms of registered tonnage. As an EU member since 2004, Malta strictly adheres to the EU Ship-Recycling Regulation (Regulation 1257/2013 of the European Parliament and of the Council on ship recycling), and in fact, all Malta registered vessels are obliged to comply with this Regulation.

Read more here >>

Podcasts: Ganado Meets

Maritime-related cultural heritage discussed

In the first episode of Ganado Meets Maritime, Jan Rossi met with Kenneth Gambin, the chief operating officer at Heritage Malta, to discuss maritime-related cultural heritage, with a particular focus on the Malta Maritime Museum in Vittoriosa.

     Read the article here >>

The Malta flag and its future challenges

In the fourth episode of Ganado Meets Transport, Jotham Scerri-Diacono met with Riccardo Landini, Chief Executive Officer at NAI International Ltd to discuss the prospects of the Maltese maritime industry, the challenges that lie ahead and what sets Malta apart from other flags.

     Read the article here >>

MSD notices

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.

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