ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm
register and chartering it on a bareboat basis to an Italian or EU ship-owner. Vessels that are still under construction are reg - istered in a separate Registry for Ships under Construction, according to Article 234 of the Ital - ian Navigation Code. This registration is made in the name of the buyer or the builder, depending on who holds title in the construction of the ves - sel. Both the declaration of commencement of construction and the related shipbuilding agree - ment must be registered. 1.5 Temporary Registration of Vessels In principle, Italian law excludes the temporary registration of vessels (ie, temporary registration of a vessel already registered with a non-Italian registry). However, dual registration is permit - ted in relation to vessels that are registered in a non-Italian registry and suspended from that non-Italian registry following a bareboat char - ter in favour of Italian or European individuals or entities. In order to register a vessel with the so-called “Bareboat Registry”, certain documents are required, including: • the bareboat charter agreement; • a tonnage certificate issued by the Italian Ship Register; • evidence that the charterer complies with the nationality requirements set out in Article 143 of the Italian Navigation Code; and • an application to the Bareboat Registry for a certificate of nationality. When employed in international traffic, bare - boat-chartered ships under a “temporary sus - pension of flag” can be registered with Section III of the Italian International Ship Registry estab - lished under Law No 30 of 27 February 1998 (the
authorisation of the Ministry of Infrastructure and Transport is subject to a trade union agreement). 1.6 Registration of Mortgages Mortgages over Italian-flagged vessels must be registered with the Italian Ship Registry held by the Harbour Master’s office at the port of registration of the mortgaged vessel. For the purposes of registration, the deed of mortgage must be executed in the Italian language before a notary public and filed with the competent Har - bour Master’s office, together with an applica - tion for registration of the mortgage (which must be carefully drafted, since any inaccuracies may affect the enforceability of the mortgage or of certain obligations secured thereby). Multiple mortgages over the same vessel take priority according to the date and time of their registra - tion with the relevant Italian Ship Registry. Under Italian law, maritime liens over a vessel rank before the mortgages over that vessel, while mortgages rank before civil law liens. 1.7 Ship Ownership and Mortgages Registry Information relating to the ownership of a vessel and any relevant mortgages is publicly available at the Italian Ship Register held by the Harbour Master’s office at the port of registration of that vessel. An excerpt from the Italian Ship Regis - ter relating to a vessel can be requested and obtained by any interested individual or entity. 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Italy is a State party to the following international conventions:
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