The Guidelines for the Ascertainment of Seaworthiness of Vessels Being Registered as Maltese Ships (Merchant Shipping Notice 127 Rev.3) (the “Notice“) merit careful consideration.

An essential prerequisite for a ship to qualify for registration under the Maltese flag (the “Flag“) is its seaworthiness. The quality and reputation of the Flag depend fundamentally on this concept and on its interpretation by the Registrar of Ships.

Article 206A of the Merchant Shipping Act (the “Act“) provides that:

“The Safety Convention shall, unless otherwise provided in any rules made under articles 207 to 212 (both inclusive), apply to all Maltese ships and to all other ships while they are in Maltese waters as if the requirements thereof were imposed on such ships by rules made under those articles.”

The Notice states that:

“As a rule, in terms of Article 3(8), merchant ships of 20 years and over will not be registered, while applications for the registration of other ships will be considered subject to:

  • the ship being either in class or in the process of being classed with a Recognised Organisation (“RO”);
  • the receipt of an up-to-date class survey status report or information on the validity of the current statutory certificates including details of any pending recommendations, exemptions granted, acceptance of equivalents or otherwise, related to both class and statutory certification;
  • the receipt of an affirmation by the relative class that the ship is in a position to be issued with all appropriate statutory certificates without recommendations; and
  • the receipt of appropriate information on the performance of the ISM managers intended to manage the ship.

Furthermore, the registration of merchant ships aged 15 years and over remains subject to the outcome of a pre-registration inspection carried out by an authorised flag State inspector. The Directorate may require such inspection to be carried out in dry dock. Where the Directorate allows the inspection to take place following registration, only a non-operational provisional certificate of registry will be issued.”

In essence, the Notice confirms that a vessel must be fully compliant in order to qualify for registration under the Maltese flag and be permitted to operate.

Compliance with international requirements and IMO conventions

To preserve and safeguard the seaworthiness of Maltese ships, Malta has ratified the principal international maritime conventions and instruments of the International

Maritime Organization (“IMO“), including:

  • the International Convention for the Safety of Life at Sea (“SOLAS”);
  • the International Convention for the Prevention of Pollution from Ships (“MARPOL”);
  • the International Convention on Load Lines (“ICLL”);
  • the International Safety Management (“ISM”) Code;
  • the Maritime Labour Convention (“MLC”);
  • the International Convention on Maritime Search and Rescue (“SAR”);
  • the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (“STCW”); and
  • the Convention on Limitation of Liability for Maritime Claims (“LLMC”).

These instruments reflect a broader and more sophisticated understanding of seaworthiness than mere physical buoyancy or basic naval engineering. Rather than addressing only whether a vessel can float, they collectively assess whether a ship is properly constructed, equipped, managed, crewed and operated so as to withstand the ordinary perils of the voyages she undertakes.

Each instrument contributes in a distinct way to this overarching standard. SOLAS establishes minimum requirements for construction, equipment and operation; MARPOL promotes proper ship maintenance and environmental protection; ICLL regulates loading and preserves reserve buoyancy; ISM mandates structured safety management systems; MLC ensures a fit and rested crew through decent living and working conditions; SAR provides organised rescue arrangements; STCW requires competent and properly certified seafarers; and LLMC reinforces the broader risk framework by regulating liability exposure.

Taken together, these conventions shape the modern, multi-dimensional concept of seaworthiness and support the well-established legal principle that a vessel is seaworthy when, at the time of departure, she is reasonably fit in all respects to encounter the conditions reasonably expected at sea.

Verification by the registrar

The Maltese Registry of Ships (the “Registry”) ensures that all vessels registered under the Maltese flag comply with applicable Maltese legislation and international conventions and hold all required statutory certification. Recognised classification societies belonging to the International Association of Classification Societies (“IACS”) are authorised to issue the relevant certificates on Malta’s behalf.

In practice, the Registry conducts both documentary due diligence and physical, periodic inspections to verify a vessel’s seaworthiness. This is in line with Malta’s international obligations and its policy of maintaining a high-quality and reputable register.

For vessels aged 15 years and over, a pre-registration inspection remains a condition precedent to registration, and compliance is mandatory.

Seaworthiness and flag state performance

The condition of vessels is also assessed through external inspections, most notably Port State Control (“PSC”) inspections. Of particular relevance is the Paris Memorandum of Understanding (“Paris MoU”), a regional agreement among maritime authorities providing for the harmonised inspection of foreign vessels calling at ports in Europe and the North Atlantic.

Under PSC regimes, vessels may be detained where detainable deficiencies are identified, until such deficiencies are rectified. Repeated detentions reflect negatively on the relevant flag State. A vessel detained more than twice within a three-year period risks being struck off the Ship Register.

Within the Paris MoU framework, reputable flag States are placed on the White List and ranked accordingly. Malta currently ranks 20th out of 40 flag States.

Waiver of pre-registration inspection

Through the Notice, the Registry has introduced greater flexibility in respect of vessels aged 15 years and over where an application is made for the Registrar’s consent to bareboat-out registration under another flag.

In such cases, the Registry may waive the requirement for a pre-registration inspection, subject to conditions deemed appropriate by the Registrar in the circumstances. While seemingly modest, this represents a material shift from the previous policy, under which a prior flag State inspection was invariably required for vessels of this age.

This approach is commercially sensible. It reduces time and cost for owners registering vessels aged 15 years and over under the Maltese flag as an underlying registry, without compromising the integrity or standards of the Flag. It will undoubtedly facilitate registrations and enhance Malta’s attractiveness as a jurisdiction of choice.

During the bareboat-out period, Malta, as the underlying flag, bears no responsibility for the vessel’s operations; responsibility rests with the bareboat registry. The vessel will not trade under the Maltese flag during this period.

In the interest of maintaining the Flag’s standards, the Notice provides that:

“Upon termination of the bareboat charter registration, the ship shall immediately be subject to an inspection to ensure full compliance with all statutory requirements in terms of Maltese legislation before operating under the flag of Malta or may otherwise be required to close register.”

Accordingly, no vessel may be issued with an operational certificate of registry unless and until it holds all valid statutory certificates in accordance with Maltese legislation and applicable international conventions.

Conclusion

This refinement of the seaworthiness framework represents a sound and strategic development. It reflects a pragmatic recognition that not all registration scenarios present the same level of regulatory risk. By calibrating inspection requirements to the realities of bareboat-out arrangements, where operational responsibility lies elsewhere, the Maltese flag has shown a welcome willingness to adapt without lowering standards.

This approach is highly commendable and demonstrates that the Registry remains responsive, forward-looking and committed to serving the best interests of the international shipping community.

Disclaimer: Ganado Advocates is responsible for contributing this law report but was not in any way involved as legal advisor for the parties in the judgment being covered in this law report. This article was first published in on the ‘Independent’ on 20/05/2026.