THE REGULATORY FRAMEWORK FOR IMPLEMENTING THE ITALIAN BOATING CODE HAS BEEN PUBLISHED IN ITALY’S OFFICIAL GAZETTE

THE REGULATORY FRAMEWORK FOR IMPLEMENTING THE ITALIAN BOATING CODE HAS BEEN PUBLISHED IN ITALY’S OFFICIAL GAZETTE, AMONG THE CHANGES IS A RESTRICTED LICENCE FOR OVER-16-YEAR-OLDS

SIMPLIFICATIONS FOR LARGE YACHTS, SUPPORT FOR SOCIAL BOATING, AND A REMODELLING OF SAFETY EQUIPMENT PROVISIONS.

The regulatory framework aimed at implementing the Italian boating code has been published in Italy’s Official Gazette issue 222. Following a four-and-a-half-year wait, these new regulations make the legislative reforms operational across the boating sector, starting with a series of important simplifications.

“This has been a difficult journey, one that has demanded the sign off of no less than 14 Ministers and has seen the Italian Marine Industry Association and the entire supply chain working hard on the front lines to obtain the simplifications necessary for businesses and users,” stated Marina Stella, General Manager of the Italian Marine Industry Association.

“These new changes affect everything from small boats to superyachts, impacting registration, mooring, safety equipment, while also introducing the long-awaited restricted licence dedicated to 16-year-olds, allowing them to also experience the sea,” added Roberto Neglia, Head of Institutional Relations at the Italian Marine Industry Association and Lead Delegate of the technical round table with the Italian Ministry for Infrastructure and Transport.

LARGE RECREATIONAL UNITS

Registration. In order to simplify the registration process for all units including those from overseas, the actions taken to reduce the level of complexity of registration procedures in other registers now also apply to recreational units. The seller’s declaration of sale with authenticated signature or sale invoice are considered titles of ownership and are suitable for listing a unit in the Computerised Registry, including for ships and superyachts registered in the Italian International Registry.

Superyachts listed in the Italian International Registry. Registration may also be requested by leasing signatories; the title deed or the extract from the Register of Ships under Construction or the certificate of cancellation from another EU registry are sufficient, along with the tonnage certificate, even if provisional. For ships, a navigation licence may be requested instead of a certificate of nationality. Ships may be authorised to be operated with a provisional licence, valid for six months.

A single logbook, issued by the Maritime Compartment of registration, is also envisaged; it is possible to replace the Crew List with a Crew Register; the embarkation and disembarkation of a crew member in a foreign port without consular authority has been simplified, providing that the embarkation or disembarkation be recorded when the crew member returns to Italy.

Safety regulations for Superyachts will be amended by decree of the Italian Minister for Infrastructure and Transport, which will provide for alternative standards, derogations and equivalence to international conventions.

Italian Passenger Yacht Code      

A special standard for recreational units carrying up to 36 passengers has been established, to be adopted by decree of the Italian Minister of Infrastructure and Transport, which will provide alternative standards, derogations and equivalence to international conventions.

Boatbuilding and refitting

Recreational units are exempted from stability tests if twinned with another vessel built by the same shipyard, provided this is attested by an authorised technical body.

The application of alternative standards, exemptions or equivalences is envisaged on the basis of the declaration of equivalence, either at the design stage or during the construction of the unit, as issued by the authorised technical body.

In the case of conversion work carried out on non-EU units at Italian shipyards, the owner, shipowner or leasing signatory may provide the customs offices with the certificate of registration in the foreign registry or other equivalent document, which will be retained until the re-export of the vessel in order to access the procedural simplifications to be defined with the Italian Customs and Monopolies Agency.

Boat owner nomination. A Boat Owner nomination or revocation may be made not only before the Harbour Master’s Office, but also on the Sportello Telematico del Diportista (STED) platform.

RECREATIONAL BOATING ENTHUSIASTS, SMALL AND MEDIUM UNITS

Small recreational units. In order to support small-scale boating, the regulation of port areas shall identify specific areas for the mooring, including dry mooring, of units up to 6 metres long, as well as public slipways for the launching of said units and the parking of their trolleys.

When establishing buoy fields and equipped mooring areas, the managers of marine protected areas shall give due consideration to recreational units belonging to the social boating sector and regulate any facilities dedicated to the above.

For safety purposes, essential instructions for the control of recreational crafts rented without the obligation of a nautical licence shall be provided in English as well.

Restricted boating license

Those who have reached the age of 16 may obtain a restricted license for operating, within six miles from the coastline, units up to 10 metres in length equipped with engines with power not exceeding 85 kW or 115.6 hp (and in any case a displacement unit not exceeding 1900 cc, if carburetted or fuel-injected two-stroke outboard or 2400 cc, if carburetted, or fuel-injected four-stroke non-supercharged outboard, or 1500 cc, if carburetted, or fuel-injected four-stroke supercharged outboard, or 1700 cc, if carburetted or fuel-injected four-stroke non-supercharged inboard, or 1200 cc, if carburetted or fuel-injected four-stroke inboard supercharged, or 2400 cc, if inboard non-supercharged, or 2000 cc, if inboard supercharged diesel cycle or, in the case of personal watercraft, 1000 cc two-stroke or 1700 cc if non-supercharged four-stroke, or 1200 cc, if supercharged four-stroke, and in all cases with power not exceeding 85 kW or 115.6 HP), obtained by attending a training course, supplemented by practical navigation and manoeuvring exercises, and passing a final aptitude test. 

Obtaining the restricted boating license

A candidate who has passed the theory test but who has not taken or passed the practical test twice already may take the practical test only once again.

For work or study reasons, it is possible to take the test in a province other than that of residence.

SAFETY EQUIPMENT

Manufacturer Recommendations

With regards to safety equipment, the manufacturer’s recommendations, as indicated in the accompanying documentation or stamped on the product, are introduced into legislation.

Identifying rescue equipment

The owner or leasing signatory, if any, must identify individual rescue equipment by the initials and registration number or by the identification number registered in the ATCN of the recreational unit of which it constitutes equipment, linking it to the boat.

Mandatory equipment

Electronic compasses are acknowledged as mandatory equipment.

Sailing vessels must be equipped with 1 deck safety harness featuring a safety belt if they sail more than 12 miles, 2 if they sail more than 50 miles from the coastline.

Signal rockets

The required kits have been reduced from five to three:

1. Recreational units operated over 50 miles from the coastline;
2. Units operated within 50 miles;
3. Units operated within 3 miles.

Recommended equipment

In addition to all mandatory equipment, the following is a list of recommended equipment:

Rescue rafts

Units operated beyond twelve miles from the coastline and within the limits of the national search and rescue area, if equipped with electronic instruments for geo-localisation, may carry collective life-saving appliances provided for navigation within twelve miles from the coast.

The collective rescue raft intended for navigation within twelve miles from the coast may be replaced by a CE-marked inflatable boat, if said boat complies with UNI EN ISO 6185 standards, provided that it is a ready-for-use unit, equipped with a boarding device and fitted with the survival kit provided for the equivalent collective rescue raft. It must also be able to take on board the number of persons present on board, including the crew.

Life vests

In addition to meeting the manufacturer’s recommendations, life vests must be equipped with an automatically activated light.

GENERAL PROVISIONS

Certificate of suitability

For boats and recreational units bearing a CE marking, in the event of serious breakdown or in the event of loss of essential safety requirements or major engine changes, the issue of a new certificate of suitability may also be requested by the leasing signatory (in addition to that of the owner).

Replacing tubulars of inflatable units 

The safety provisions for CE-marked units also apply to boats.

Refitting

In the case of conversion work on vessels flying the flag of third countries at Italian shipyards, when applying the customs procedures provided for, the owner, shipowner or leasing signatory may provide the competent customs offices with the certificate of registration in the foreign registry or other equivalent document, which shall be retained for the purposes of procedural simplifications established by the Italian Customs and Monopolies Agency. 

Speed limits

Within 500 metres of the coastline, the speed limit is 8 knots; within ports or roadstead, the limit is 3 knots.

Noise levels

Within 500 metres of the coastline, it is forbidden to produce disturbing levels of noise.

Anchoring distances from the coastline

When adopting regulations on navigation and anchoring limits, the competent authority, in addition to the safety of bathers, must also assess the safe anchoring of recreational units.

New commercial activities

The “assistance and towing” service for recreational units and drone navigation are regulated in this framework.

Genoa, 22^nd September 2024

Italian Marine Industry Association – Press Office

Max Procopio | m.procopio@marinepartners.net | +39 335 816 5281

Chiara Castellari | castellari@confindustrianautica.net | +39 010 5769812 | +39 338 41 30 156

Matilde Villa | villa@confindustrianautica.net  | +39 010 5769860