ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm
If the owner fails to comply with an order of this type or if an urgent situation occurs, the Harbour Master may proceed autonomously with the wreck removal and the owner will remain liable for the related costs. At the beginning of 2022, the Ministry of Infra - structure and Transport adopted a ministerial directive aimed at improving safety standards in maritime transport, including through the strengthening of international co-operation. Finally, in order to reduce administrative deten - tions aimed at hindering humanitarian opera - tions by NGOs, on 1 August 2022 the EU Court of Justice ruled on a request for a preliminary referral by the Sicily Regional Administrative Court stating that vessels carrying out search and rescue operations may only be inspected in the event of “manifest danger to safety, health or the environment” and that, in any case, the “corrective measures” that the port state may take must be “appropriate, necessary and pro - portionate”. 1.3 Domestic Legislation Applicable to Ship Registration The Italian Navigation Code regulates the regis - tration of vessels, and the Ministry of Infrastruc - ture and Transport authorises, on a case-by- case basis, vessel registration into the Domestic Register (or First Register) and the International Register (or Second Register) respectively. The Domestic Register is the main Italian register, in which all major vessels are registered. A ship- owner interested in registering a vessel in the First Register must comply with specific nation - ality requirements, as set out in the Italian Navi - gation Code. The International Register, regu - lated by Law No 30 of 1998, was established in order to contrast the considerable flagging-out of Italian vessels and, conversely, to attract the
consistent tonnage registered in foreign regis - tries, especially under “flags of convenience” back to the Domestic Register. The International Register is divided into three sections, and mer - chant vessels employed in international trade can only be entered subject to the Ministry of Infrastructure and Transport’s authorisation. The registration of a vessel in the International Register is subject to prior ministerial authorisa - tion under Article 1 of Law No 30 of 1998. Once the required documentation has been filed, the Harbour Master’s office of the relevant maritime administration will register the vessel in the Inter - national Register. The registry is maintained and updated by the same maritime administration. 1.4 Requirements for Ownership of Vessels The only party allowed to apply to register a ves - sel in Italy is the owner, which can be either a private or public entity. In general terms, Article 143 of the Italian Navigation Code provides that a vessel will be validly registered in Italy if it: • is at least 50% owned by an Italian or Euro - pean person; or • is owned by a non-EU person or entity that directly manages the vessel through a branch in Italy. Foreign ownership is therefore permitted and registration of vessels in Italy is allowed for all EU ship-owners. However, ship-owners from non-EU countries can currently register a vessel in Italy coming from a non-EU registry only if they have a per - manent establishment in Italy. Alternatively, non- EU ship-owners can register a vessel in Italy by suspending the flag of the foreign underlying
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