ARTICLE
29 March 2024

Issuance Of The Small Commercial Yacht Code (SCYC) 2024

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Established in 1891, Fenech & Fenech Advocates is a multi-disciplinary full service law firm with diverse areas of expertise, including corporate and commercial law, M&A transactions, financial services, tax, immigration, banking, trusts and foundations, aviation, intellectual property, maritime law and marine litigation, yachting, employment law, environmental law and various other areas.
On 20th March 2024, the Merchant Shipping Directorate within Transport Malta released Commercial Yachting Notice 12 to inform stakeholders in the yachting sector...
Malta Transport
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On 20th March 2024, the Merchant Shipping Directorate within Transport Malta released Commercial Yachting Notice 12 to inform stakeholders in the yachting sector about the introduction of the Small Commercial Yacht Code (sCYC) 2024.

The sCYC is a comprehensive and specialized code which has been drafted in collaboration with stakeholders within the industry. It seeks to better serve the ever evolving needs, demands, and technological advancements of the smaller commercial yachts that register under the Malta flag, whilst conforming with international safety regulations and standards.

This tailor-made code supersedes and replaces the relevant provisions of the Commercial Yacht Code 2020 (CYC) for commercial yachts under 24 metres in Length Art. 2(8) and applies exclusively to commercial yachts with hull lengths LH (ISO 8666) of 12 metres up to 24 metres Length Art 2(8), involved in commercial activities, and carrying no more than 12 passengers. This means that yachts from 12 metres, which previously fell outside the scope of the CYC, may now also be registered commercially under the Malta flag.

Upon it's coming into force on 1st April 2024, commercial yachts certified under the CYC, having lengths less than 24 metres Length Art. 2(8), must begin their survey and certification process in accordance with the sCYC by no later than their first renewal survey conducted on or after 1st June 2024. Information regarding the transition from CYC to sCYC certification may be found in the Survey and Certification section of the code. Upon successful completion of the specified surveys and inspections in terms of the sCYC, a yacht will be issued a Small Commercial Yacht Certificate by the Administration.

The sCYC may be found here

The Commercial Yachting Notice 12 may be found here

On the same date, and in conjunction with the publication of the sCYC, the Merchant Shipping Directorate within Transport Malta also released;

  • Commercial Yachting Notice 2 Rev.1 concerning the Commercial Yachts Extended Range Tender Guidelines, which revision will be effective on 1st April 2024

These revised guidelines are only applicable to Malta Flag Commercial Yachts' Tenders that are 24m and under length of Hull and which fall under the Registration Certificate of the Mother Yacht. Extended Range Yacht Tenders shall be engaged solely and exclusively in the business of the Mother Yacht.

The requirements detailed therein are to be applied in conjunction with the requirements in Section 22 of the CYC, as amended and Section 19 of the sCYC as amended.

Furthermore, Existing Extended Range Yacht Tenders shall comply with such guidelines by not later than the Mother Yacht's first periodical survey on or after 1st June 2024.

The Commercial Yachts Extended Range Tender Guidelines may be found here

The Commercial Yachting Notice 2 Rev.1 may be found here

  • The sCYC Request for Crew Authorisation Attestation with respect to requests for Crew Authorisation Attestations which may be required by certain Port Authorities in order to grant commercial yachts charter licences (as per sCYC Section 16.12). This provides a standard request form to be submitted to the MSD yachting section together with support documentation by Recognised Organisations or by Appointed Government Surveyors or by the yacht's Maltese Legal Representative.

The standard request form may be found here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
29 March 2024

Issuance Of The Small Commercial Yacht Code (SCYC) 2024

Malta Transport

Contributor

Fenech & Fenech Advocates logo
Established in 1891, Fenech & Fenech Advocates is a multi-disciplinary full service law firm with diverse areas of expertise, including corporate and commercial law, M&A transactions, financial services, tax, immigration, banking, trusts and foundations, aviation, intellectual property, maritime law and marine litigation, yachting, employment law, environmental law and various other areas.
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