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On 25 June 2025, the European Commission published its proposal for a Regulation on the safety, resilience and sustainability of space activities, informally referred to as the EU Space Act. The public consultation opened on 15 July 2025 and continued until 24 November 2025.

If adopted, the Regulation would establish the first single EU-level framework governing space activities across Member States. For small jurisdictions such as Malta, this development raises both strategic opportunities and practical challenges.

The EU Space Act: A Single Regulatory Orbit

The proposed Regulation is structured around three core pillars:

• Safety
• Resilience
• Environmental sustainability

The Commission has acknowledged that 13 different national approaches currently create fragmentation, additional compliance costs, and uncertainty for operators. The EU Space Act therefore seeks to harmonise rules on authorisation, registration, supervision, and market access in order to create a functioning single market for space services.

The proposal also introduces mandatory debris mitigation, post-mission disposal requirements, collision-avoidance data sharing, cybersecurity obligations aligned with existing EU resilience frameworks, and enhanced risk-management requirements.

The ambition is clear: Europe intends to position itself as a global standard-setter in space safety and sustainability.

Malta’s National Space Framework

Malta has not remained passive in this evolving landscape.

Through the Malta National Space Strategy, ratification of the European Space Agency (ESA) Plan for European Cooperating States (PECS) Agreement in June 2024, and the ongoing work on a Draft Space Activities Act, Malta has been actively building its domestic legal and institutional capacity.

The Draft Space Activities Act aims to establish:

• Licensing requirements for space operators
• Liability and safety provisions
• Environmental safeguards
• Supervisory mechanisms aligned with international obligations

At the same time, engagement with ESA has strengthened Malta’s administrative and technical capabilities. These steps signal a deliberate effort to position Malta as a niche but credible participant in the European space ecosystem.

Opportunities for Small Member States

For Malta, a harmonised EU framework may offer tangible benefits.

A single regulatory regime could reduce fragmentation and make it easier for Maltese-based startups and SMEs to scale across the EU market. Investor confidence may increase if authorisation and supervision follow common EU standards rather than diverging national approaches.

An EU-level framework may also strengthen Malta’s credibility when attracting space-related investment and services.

Risks and Implementation Challenges

However, harmonisation is not cost-neutral.

Several concerns have been raised by industry stakeholders:

• The potential extra-territorial reach of the Regulation
• The burden of compliance on SMEs and smaller operators
• The reliance on delegated acts and technical standards to be adopted at a later stage
• The risk that regulatory timelines may not align with innovation cycles

For smaller Member States, administrative and supervisory capacity is a central issue. Harmonised rules often require national authorities to implement and enforce authorisation and reporting obligations. Without proportionality and transitional support, compliance costs may disproportionately affect emerging ecosystems.

Malta’s competitive advantage has historically included regulatory agility. Harmonisation may reduce flexibility, even while increasing legal certainty.

A Strategic Moment for Engagement

The consultation period, open until 24 November 2025, represents a significant opportunity for Maltese stakeholders to engage constructively in shaping the final framework.

These issues are not merely theoretical. They are currently being debated across legal, regulatory and industry forums as the EU Space Act progresses through consultation.

I will be contributing to this discussion at an upcoming industry event, called ‘Space Data, Financial Futures: The New Frontier for Banking, Insurance and Law‘ and hosted by Xjenza Malta. We will be examining the implications of the EU Space Act for Malta and other small Member States. Such dialogue is essential to ensure that safety and sustainability objectives are met without imposing disproportionate burdens on emerging space ecosystems.

Conclusion

The EU Space Act is a significant and welcome step toward addressing fragmentation in European space regulation. Its focus on safety, resilience and sustainability reflects genuine and pressing concerns in an increasingly congested and commercialised orbital environment.

For Malta, however, the Regulation presents a delicate balance.

It may enhance market access and investor confidence. Yet it may also introduce new compliance demands and reduce national regulatory flexibility.

The outcome will depend on how proportionality, transitional support, and capacity-building measures are embedded in the final text.

As Malta continues to develop its national space framework, the interaction between domestic legislation and EU-level harmonisation will shape the island’s role in Europe’s emerging space economy.

Asteria Advisory can support governments and economic operators in treading this delicate ground. Contact us for further information or a consultation.

About the Author

Dr Geraldine Spiteri is Founder and Principal Advisor at Asteria Advisory, advising on aviation, maritime and transport asset regulation, including aircraft and vessel registration, cross-border structuring and emerging space law frameworks. She is currently pursuing advanced studies in Air and Space Law at Leiden University.

I recently had an interesting exchange with Charles Pace, Malta’s Director-General for Civil Aviation and Transport at Transport Malta during a meeting of the Women in Aviation, Marine & Transport Malta. We discussed the recognition of qualifications and experiential training of marine and aviation professionals.

One issue stood out: some of the most safety-critical professions — such as aircraft pilots and maritime captains — accumulate years of highly structured, regulated training and operational experience, yet much of this expertise is not formally recognised within traditional education frameworks.

This also applies to training certified by international industry authorities in aviation and maritime sectors, global systems are shaped by UN-backed organisations such as International Civil Aviation Organization and International Maritime Organization. These standards keep global transport systems running — but often sit outside national academic recognition pathways.

Skilled professionals can be discouraged from further study or progression because they need to repeat learning they already master, or cannot access programmes at all.

In a digital, skills-driven era, professional development should not hinge solely on traditional certificates. Experience, regulated training, and demonstrable competence must form part of the recognition conversation.

There is room here for smarter bridges between industry qualification systems and education frameworks — and that conversation is long overdue.

About the Author

Dr Geraldine Spiteri is Founder and Principal Advisor at Asteria Advisory, advising on aviation, maritime and transport asset regulation, including aircraft and vessel registration, cross-border structuring and emerging regulatory frameworks.

Follow our News & Updates on this blog to hear more when something shifts in this field.

On 16 December 2025, several provisions of the Companies (Amendment) Act, 2025 entered into force in Malta by virtue of Legal Notice 286 of 2025. Alongside these legislative changes, the corresponding updates to statutory forms under the Companies Act were also effected through Legal Notice 287 of 2025.

The Malta Business Registry (“MBR”) recently communicated a notice describing these changes. It underscored important regulatory updates for companies, their officers, and corporate service providers.

What’s Now in Force

The specific amending provisions of the Companies (Amendment) Act that came into effect include several sections. While the full legislation covers a broad scope of corporate law modernisation, a key practical outcome of these changes is the simplified dissolution procedure for eligible companies.

New Simplified Dissolution Procedure

One of the most significant updates introduced by these amendments is the simplified dissolution procedure (new Article 214A of the Act). This new route allows certain companies that have not traded, hold minimal or no assets, and have no outstanding liabilities to apply for dissolution more efficiently; they will also face lower administrative burden compared to traditional winding-up processes.

To use this process, eligible entities must complete and submit prescribed forms through the MBR’s online system — BAROS (Business Automation Registry Online System) — rather than through manual filing.

Updated Forms and Filing Requirements

In parallel with the legislative enactment, the Companies Act (Forms) (Amendment No. 2) Regulations, 2025 (Legal Notice 287 of 2025) came into force. These regulations revise the statutory forms that correspond with the amended provisions of the Companies Act. They ensure that filing requirements align with the updated law.

The MBR encourages companies and their officers to consult the User Guidelines published alongside these Legal Notices. These provide practical assistance on the application and interpretation of the updated procedures and forms.

Practical Impact for Businesses

These changes mark a continued shift toward digital compliance, streamlined administrative procedures and modernised company law in Malta. The simplified dissolution process will be of particular interest to stakeholders looking for a cost-effective exit mechanism for dormant or inactive companies.

Companies and advisors should ensure they are using the latest statutory forms. Newnew applications must be submitted under the updated framework through the BAROS portal.

Any questions on complying with the new provisions may be directed to us through our Contact page.

The “Understanding Superyacht and Business Jet Tax” conference, held in Barcelona and organised by Quaynote Communications in collaboration with the Superyacht VAT Think Tank (SYVTT), gathered leading industry professionals. The conference discussed evolving approaches to VAT, customs, and international tax compliance, mainly in the yachting and aviation sectors.

Asteria Advisory participated actively in the sessions. This reflects our ongoing commitment to bridging legal, fiscal, and operational perspectives in these highly regulated industries.

Temporary Admission in Aviation

The panel on Temporary Admission (TA) revealed how the system’s legal clarity continues to contrast with fragmented application across jurisdictions. The superyacht sector has integrated TA more systematically into operations. On the other hand, aviation still tends to view it primarily through a VAT lens rather than customs procedure.

Residence and user identification remain among the most complex aspects of compliance, particularly where aircraft ownership involves multiple layers or individuals with ties to several jurisdictions.

Speakers agreed that well-documented operational evidence and a clear understanding of user patterns are essential to mitigate risk and demonstrate compliance to tax authorities.

VAT and Customs in the Yachting Sector

The East Mediterranean remains a vibrant charter hub. Greece’s e-charter framework continues to attract operators and owners, while Italy’s new guarantee requirement for fiscal representatives has introduced an additional compliance layer for non-EU companies.

The UK’s extension of the Temporary Admission period to 24 months was widely welcomed. However, treatment of VAT-paid status when vessels move between EU and UK waters remains uncertain.

Speakers emphasised that careful VAT documentation and consistent communication with local tax offices are essential to maintaining compliance as rules continue to evolve.

Financing and Substance in Aviation Structures

A case study on tax requalification risks highlighted how thin capitalisation, transfer pricing gaps, and lack of commercial substance can expose aviation structures to significant tax liabilities.

In the example discussed, excessive shareholder interest was reclassified as dividends, triggering a 35% withholding tax, even though no payments had been made.

The session underlined the need for arm’s-length financing, robust documentation, and clear operational alignment to maintain defensible aviation ownership and leasing arrangements. This is especially important in the current environment of heightened scrutiny.

Call-Off Stock and Superyacht Operations

Another panel, co-hosted by Geraldine Spiteri, explored the call-off stock or “quick fixes” simplification. This is a VAT mechanism allowing suppliers to pre-position goods, such as spare parts and consumables, across EU borders without triggering VAT until the goods are withdrawn.

The simplification offers practical benefits for fleet operators and shipyards by improving logistics and cash flow while maintaining VAT compliance.
It applies strictly to goods, not yachts themselves, and relies on accurate record-keeping and identification of the final customer.

The panel revisited the ECJ decisions in Facet BV and Jyske Finans. This case clarified that VAT liability depends on ownership transfer and control of transport. These principles remain central to structuring compliant cross-border supply chains in the superyacht sector.

Looking Ahead

The event concluded by sharing exciting plans for 2026 and discussing the possibility of holding next year’s edition in a new European location.
The cohosts’ forward-looking approach reflects the Think Tank’s growing influence as a collaborative forum for VAT and customs specialists supporting the superyacht and aviation industries.

Building Bridges Between Law and Practice

Across all sessions, the message was consistent: compliance in luxury asset operations now depends on substance, documentation, and demonstrable practice.

As enforcement tightens, owners, operators, and advisors must translate complex VAT and customs frameworks into clear, workable solutions. Understanding superyacht and business jet tax is an important part of advising clients.

At Asteria Advisory, we view this evolution as an opportunity — to continue Building Bridges between law, logistics, and the real-world needs of clients operating across multiple jurisdictions. We have the right contacts to point you to the VAT advisors you will need anywhere in the EU.

About the Author

Dr Geraldine Spiteri is Founder and Principal Advisor at Asteria Advisory, advising on aviation, maritime and transport asset regulation, including aircraft and vessel registration, cross-border structuring and emerging regulatory frameworks.

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Clients and industry professionals are invited to connect and explore how Asteria Advisory can provide expert guidance in the marine and aviation sectors.

Monaco’s Blacklisting: Why Malta is the Best Alternative for Investors

On June 10, 2025, the European Union added Monaco to its list of high-risk jurisdictions due to weaknesses in its anti-money laundering (AML) and counter-terrorist financing (CFT) frameworks. This move follows the Financial Action Task Force’s (FATF) decision to greylist Monaco.

For investors and businesses looking for a trusted and compliant jurisdiction, Malta stands out as the best alternative.

Strong AML and CFT Framework in Malta

Malta has a robust regulatory system to combat money laundering and terrorist financing. Its Prevention of Money Laundering Act criminalizes these activities under an “all crimes” approach. The Financial Intelligence Analysis Unit (FIAU) closely monitors compliance with strict regulations.

In summer 2025, the new Authority for Anti-Money Laundering and Countering the Financing of Terrorism (AMLA) should be operational. This is an EU-wide agency that strengthens oversight of high-risk financial entities.

Malta Meets Global Standards

Malta’s laws align fully with EU directives and FATF recommendations, ensuring high transparency and security. The country’s proactive AML/CFT approach has earned strong recognition internationally.

Why Choose Malta?

• EU Membership: Access to the single market and trusted EU regulations.
• Reputable Financial Sector: Strong banking, investment, and insurance industries under tight supervision.
• Strategic Location: Central Mediterranean position connects Europe, Africa, and the Middle East.
• Skilled Workforce: Multilingual and knowledgeable professionals in finance and law.
• Hybrid legal system: an understanding of other legal systems which helps with compatibility
• Double Tax treaties: with treaties with over 70 countries around the world, this helps with ensuring that tax is only paid once
• Reputable maritime jurisdiction: a long-standing white flag and entrenched in maritime history and tradition, the Malta flag is respected in major ports around the world. This tonnage tax system is also much favoured by shipowners (and commercial yacht owners).
• Growing and favoured aviation jurisdiction: the pragmatic and forward-looking approach has encouraged several companies to register their aircraft and owning structures here, for several reasons.

Conclusion

With Monaco blacklisted, Malta is a secure, compliant, and strategic choice for investors and financial institutions. Choosing Malta means partnering with a jurisdiction that prioritizes financial integrity and regulatory excellence.

At Asteria Advisory, we provide tailored solutions for registering your yacht or aircraft, setting up trusts or companies to own your asset, and creating tax-efficient structures to maximise Malta’s benefits.

If we don’t have the direct solution, we bring together the best professionals in our network to ensure your needs are fully met—no matter how complex.

Contact Asteria Advisory today and let us build the bridge to your seamless asset management in Malta.