Shipping & Maritime Law Newsletter – Number 33 (February 2022) – Transport

Welcome to our 33rd edition of the Ganado Advocates’ Shipping and Maritime Law Newsletter. In this issue we feature the most recent webinar we attended on the impact of Covid on the industry, as well as a series of articles on different topics of interest and our most recent podcasts from the Ganado series. Meet.

In this issue we highlight judgments of international interest and include an interesting article on the industry and its contribution to the Maltese economy. We also feature articles on environmental protection and ship recycling, yacht change guidelines published 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 latest episode of Ganado Meets Transport, we discuss the prospects and challenges of the Maltese shipping industry with a major player in the Italian shipping industry. We also take a look at the cultural heritage related to the sea in our first episode of Ganado Meets Maritime.

News

What has been the impact of Covid on shipping and what are the short, medium and long term implications?

A digital debate, organized by Ship Management International, brought together maritime lawyers from different European jurisdictions to discuss the challenges the maritime industry has faced during the pandemic.

Learn more and watch the debate

Articles and publications

The maritime industry in a modern world

Although considered one of the most fundamental aspects of the Maltese economy, the ‘shipping’ industry is both miscategorized and often underutilized. Grouped informally into a set of professions anchored in their proximity and their dependence on the sea, the maritime industry is nevertheless one of the most efficient in the modern economy of the Maltese islands.

Learn more here

Industrial tribunals: Incompetence in the event of unfair dismissal of a sailor

On September 15, in the case ‘Albert Gyorgy vs. Crystal River Cruises Manning Ltd’, the Court of Appeal in its lower court ruled, inter alia, that the Employment Tribunal was not the proper court to hear a seafarer’s unfair dismissal case. The ordinary courts were competent.

Learn more here

Landmark ruling by the CJEU regarding the rights of passengers traveling by sea and inland waterway

In September 2021, the European Court of Justice issued a preliminary ruling concerning the interpretation of the provisions of Regulation (EU) 1177/2010 concerning the rights of passengers traveling by sea and inland waterway.

Learn more here

Introduction to Commercial Yacht – Pleasure Yacht Change Guidelines

On September 2, 2021, the Merchant Marine Directorate published the ‘Commercial Yacht Change Guidelines – Pleasure Yacht’ which highlights the procedure when yacht owners intend to change the status of registration of a yacht flying the Maltese flag from that of a pleasure yacht to that of a commercial yacht and vice versa.

Learn more here

Stowaways: legal implications

This article deals with stowaways on board ships and ships in general. Since time immemorial, stowaways have been a constant concern for the international community and in particular for the shipping industry. More recently, we have seen controversies arise over the way stowaways are treated, both by ship operators and by the authorities concerned.

Learn more here

The impact of EU Regulation 1069/2009 on ships flying the Maltese flag

Regulation 1069/2009 of the European Parliament and of the Council is the main European Union legislation 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.

Learn more here

Environmental and climate regulation in Malta

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

Learn more here

The EU Ship Recycling Regulation and the position of the Maltese flag

Malta, as a flag state, ranks No. 1 in Europe and No. 6 in the world in terms of registered tonnage. As a member of the EU 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 ships registered in Malta are required to comply with this regulation. .

Learn more here

Podcasts: Ganado meets

Discussion on cultural heritage related to the sea

In the first episode of Ganado meets the maritimesJan Rossi sat down with Kenneth Gambin, Operations Manager of 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 flag of Malta and its future challenges

In the fourth episode of Ganado meets transportJotham Scerri-Diacono sat down with Riccardo Landini, CEO of NAI International Ltd, to discuss the outlook for the Maltese maritime industry, the challenges ahead and what sets Malta apart from other flags.

Listen on Spotify Read the article here

MSD Notice

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.