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F E E D B A C K T O E U M A R I T I M E P O L I C Y G R E E N P A P E R
Introduction
In response to the request for feedback on the draft Maritime Policy Green Paper, we would like to present
ourselves, clarify the distinction between superyachts and the shipping and recreational sectors, introduce
some of the challenges that we face, and consequently, make some draft comments and proposals in
anticipation of a continued mutual cooperation as a part of the policy-making process.
The initial green paper had no mention of large yachting although yachting supports direct and indirect
services ashore; ports and marinas; yacht building and repair, as well as tourism in general. In common with
the EU, safety and protection of the environment are our prime concerns. And therefore, it is clear that the
sector of superyachts must be represented to assist in developing policy as well as encouraging the growth in
the sector and development of ports and services.
Presenting MYBA
MYBA was founded in 1984 by several brokerage houses based principally in the Mediterranean, with the
objective of bringing better standards and professional conduct to yacht brokerage. Recently, MYBA went
worldwide, and now has active Members all over the world, ranging from the smallest “one-man/woman
shows” to such multinational companies as Fraser Yachts Worldwide (part of the Azimut Benetti Group);
Nigel Burgess Group; Edmiston & Company; Camper & Nicholsons (part of the Rodriguez Group) Ocean
Independence etc. Several of the larger companies have direct connections to major shipyards.
The growing internationalisation of large yachting is reflected in the evolution of MYBA Member companies
which as MYBA hold a major share of the large yacht charter/sales/management market. The superyachts
industry continues to evolve and MYBA with it. The MYBA Board believes that this Association is in the
privileged position of being able to represent and speak for a majority of the superyachts industry players.
Further information can be found on our public website at www.myba-association.com
MYBA is an Association composed mainly of yacht brokers for sales and charter, charter managers, yacht
managers and company principals. Our Committees produce many informative documents which are made
available to Members, principally on our intranet site, Messenger, but also to the remainder of the
superyachts industry. MYBA’s Tax & Laws and Charter Committees follow national charter regulations and
strive to keep the Membership abreast of new legislation or changes to existing rules. MYBA began over 20
years ago by writing a Charter Contract (the MYBA Charter Agreement) and a Sales Contract (the MYBA
Memorandum of Agreement or MoA) for the industry.
Today, MYBA owns a week-long trade Charter Boat Show which is held in Genoa every year; organises a
smaller trade Open House for sales held in the port of Nice every year; created and administers the foremost
multiple listing system on the web for charter yachts www.myba.net and is one of the founder associations of
the International Yacht Council (IYC) for www.yachtcouncil.org, (MYBAnet’s sister site for sales of used yachts
located in the US). One of our driving principles is to promote and foster information-sharing in the industry
on all subjects including safety.
The Business of Superyachts
There are several points that we can bring to the Commission’s attention whilst offering feedback to the
green paper’s contents. In the South of France alone the revenue generated by superyachts in 2006 (Nice
Chambre de Commerce) amounted to Euro 1,100 million, 396 million of which is directly generated by the
services sector of brokerage and management. In 2006, the industry employed, in the South of France, over
3,300 persons. If we looked at the trickle-down effect (multiply by 7 theory) of charter yacht expenditure in
the cruising areas of allied services, restaurants, hotels, berthing fees, staff ashore, refit fees to the shipyards,
the local tourist infrastructure, provisions, transport, fuel, spare parts and technical assistance, the figures
obtained would demonstrate how extensive the revenue generated for the countries visited by the yachts
actually is.
The South of France, as only one excellent example, has witnessed the tremendous growth of the large
yachting market and new aspects to the industry such as the increase in corporate charters, and those
generated by prominent events, i.e. the Monaco Grand Prix, MIPIM, MIDEM, Cannes Film Festival, as well as
the trend towards building, refitting, servicing, chartering, and purchasing increasingly larger yachts.
On our global website, MYBAnet, alone there are almost 1,000 yachts available for Charter with nearly 100
of these being over 50 metres, almost all of which cruise in EU waters. The average annual revenue for a
middle-range 35 metre yacht is likely to be around Euro 600,000, and perhaps as much as Euro 1 million.
Over one third of the yachts listed on MYBAnet is European flagged and cruise in EU waters. A random
sample of a third of these charter yachts gives an average length of 38 metres, an average weekly price of
Euro 85,000 and represents a gross tonnage of almost 60,000.
The sister site to MYBAnet in the USA, yachtcouncil.org, for used yachts for sale, reports a gross tonnage of
621,367 (40,000GT in the EU) with a total sales value of over USD 1,000,000,000. However, we should bear
in mind that there will be some duplication between MYBAnet and Yachtcouncil because at least one-third of
the yachts available for charter will also be for sale at any given time.
In 2006 the Osservatorio del Mercato Nautico (Observatory of the Nautical Market) carried out a study of the
deluxe charter market which produced the following figures: 850 yachts (980 today on MYBAnet); 30 – 40
metre yachts representing 40% of the charter market; demand for luxury charters had risen by 8% annually
since 2001 (and is still rising); the West Mediterranean is the top cruising area for luxury yachts with 46% of
the market (East Med & Croatia another 34%); total direct turnover worldwide from Charter in 2006 was
Euro 1,345 million with another Euro 382 million in indirect turnover of services to charters. Industry
professionals agree that these figures will be higher in 2007!
Large Yachting’s Current Challenges
There is a diversity of legislation and application within EU countries with regards to, amongst others, safety
and environmental protection, registration, yachts’ fiscal status and tax issues. There are major challenges to
chartering in EU waters owing to contradictory domestic legislation that are currently creating a lack of legal
predictability/stability, consequently constituting an impediment to growth.
Comments and Feedback from MYBA
There is no mention in the draft policy of superyachts. This may be cause for concern, in the first instance
because large yachting is a complete, comprehensive and unique industry! Superyachts should not be
confused with shipping or with recreational craft. The volume of the industry has grown enormously over
the last seven years and deserves to be regarded as a sector in its own right. The recognition of “superyachts”
at the EU level will necessarily encourage sector growth and improve competitiveness. Self-regulation and
economic incentives within such a category would constitute the basis for a healthy market.
In the light of the above proposals and in order to achieve a valuable uniform policy for the yachting industry,
MYBA would like to focus on the following objectives:
�� establish a permanent liaison with the EU for large yachting
�� Provide input to the political debate and support the decision making process
�� Keep the EU advised of challenges within large yachting and propose solutions
�� Sustain and develop a competitive superyachts know-how
�� Foster the creation of regional centers of maritime excellence within the industry in the
Mediterranean
To conclude, MYBA would be interested in participating in finalising the draft policy by providing input where
possible and by attending any meetings to be held regarding an integrated EU Maritime Policy. There are
many issues such as cabotage, VAT across the EU, the legalities of charter in certain EU countries,
security/safety/environmental issues and regulations (including the implementation of ISPS), the differing
charter regulations (Spain, Croatia, Italy, etc) which could have an adverse influence on large yachting beyond
that which affects shipping and recreational crafts and which require input from the industry players to
produce a policy adapted to everyone’s needs.
MYBA (CT/DS/FC/PH) - 15th June 2007 - Statistics thanks to Nice Chamber of Commerce (Pole Nautique 2006, MYBAnet (May 2007),
YachtCouncil.org (Steve Myers,IYC, March 2007), and the Osservatorio del Mercato Nautico 2006.
See over for Nota Bene & Addendum One commenting the draft policy green paper
NOTE BENE TO THE EU DRAFT MARITIME POLICY PAPER:
�� The increase in maritime traffic now demands a new approach to oceans requiring future vision
�� MYBA Members are present in almost all of the maritime clusters figuring in the green paper. Large
yachting transcends cruise tourism and recreational boating
�� Many EU ports are prime yachting destinations. EU funds should be channelled into maintaining and
developing this economic advantage – MYBA can provide input on this
�� It is in our interest that the marine environment is more actively protected, a perfect example of this
is the care taken in and around Corsican waters
�� MYBA is committed to the Large Yacht Code and maritime safety and environmental protection, and
also adheres to the International Convention for the Control and Management of Ships Ballast Water
& Sediments (BWM) and the International Convention on the Control of Harmful Anti-fouling
Systems on Ships (AFS)
�� MYBA’s Yacht Manager Members in particular are especially sensitive to the application of all
conventions including ISM and ISPS Codes
�� Many large yachts are veritable pioneers in innovative design which then benefits the rest of the boat
market
�� Page 17, Section 2.4. Climate Change – We are not convinced that the environmental impact of
aviation can be compared to shipping, and certainly NOT to the large yachting sector
�� Page 20, Section 2.5. Developing EU Maritime Skills – MYBA recognises the shortage of properly
trained yacht crew and is prepared to provide input on this issue
�� We would like to draw your attention to the potential confusion that the new acronym CSR
(Corporate Social Responsibility) could create with the already existing maritime acronym from ISPS:
Continuous Synopsis Record
�� Page 24, Section 2.7. The Regulatory Framework – 1) We agree with this and would hope that the
flag states can achieve a level of consistency in their regulatory compliance regimes – more
homogeneity is required; 2) There appears to be confusion between two distinct issues here, i.e.,
flag state implementation and port state control 3) MYBA wishes to see European Flags rendered
more attractive
�� Page 29, Section 3.2 Adapting to Coastal Risks – MYBA is working closely in the USA with the
Department of Homeland Security (DHS) and the US Coast Guards (USCG) to address these very
issues of security and safety
�� Pages 35 to 37, 4.1 Data on Vessel Movements – Global Monitoring for Environment and Security
(GMES) appears to tie in with the work on Long Range Identification and Tracking Systems (LRIT)
�� Yes to a single EU Coast Guards’ operation
ADDENDUM ONE
Some responses to questions in the draft Report:
Should the EU have an integrated maritime policy? Yes, for all the reasons stated in this document.
How can European maritime sectors remain competitive, including taking into account specific needs of
SMEs? By providing additional infrastructure, or improving existing portuary infrastructures, channelling
Euro funds into this development in the various regions with port activities.
What mechanisms should be in place to ensure that new maritime development is sustainable? The
consistent application and enforcement of existing legislation, and wider acceptance and implementation
of the Large Yacht Code.
Should a European Marine Research Network be developed? Yes. And MYBA will be happy to cooperate.
In what ways should stakeholders be involved? As stakeholders, we would be pleased to be involved in any
discussions or projects.
What specific measures promoting the sustainable tourism development of coastal regions and islands
should be taken at EU level? By channelling EU funds into the construction of more berths and improved
facilities; by providing the forum for the regions to exchange information and standardise their approaches
to development and send the resulting information to the EU.
How can the quality of education, training and certification be assured? By common acceptance and further
development of yacht-specific STCW 95 Certification. By formalising the high standards of on-board health
and hygiene specific to superyachts. By developing courses for the wide range of skills necessary:
engineering, electrical engineering, languages, catering, stewarding, diving skills, carpentry, navigation,
administration, housekeeping & hospitality, massage, hairdressing, fitness expertise, and so on.
With regards the brokers and managers an EU qualification could be introduced – MYBA strongly
advocates this idea (the basis of this already exists via Informa et al). With regards brokerage, MYBA is
working on the possibility of a brokerage licence, beginning with a brokerage induction course this year for
new entrants to the industry. The large yachting business today lacks qualified personnel. Over the next
two years this lack will be acerbated by the arrival on the market of the 200+ new builds of over 40m
currently under construction (for the same reason the lack of berths will also become more acute!).
Le Plein Sud, 142 Ave de Verdun, St Laurent du Var, France
www.myba-association.com; www.myba.net ; www.yachtcouncil.org
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