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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Listen on Spotify 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.
Listen on Spotify Read the article here
MSD notices
- Focused Inspection Campaign on planned maintenance
at Australian ports
28 December 2021 - Restrictive measures concerning Syria and
Belarus
17 November 2021 - United Nations Security Council and EU sanctions
updates
27 October 2021 - Revision of tonnage regulations
22 October 2021
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.
