ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm
delivery, non-arrival of a chartered vessel and a slow ratio of loading or discharging. The Italian legislature clarified in Article 91(1) of Decree Law No 18 of 17 March 2020 that com - pliance with the containment measures must always be assessed in order to exclude the debtor’s liability, pursuant to and for the pur - poses of Articles 1218 and 1223 (governing the compensation for damages) of the Italian Civil Code, and also with regard to the application of any forfeiture or penalties connected with delayed performance or non-performance. This has also helped the maritime sector to grant pro - tection to the operators that could not deliver their services according to the agreed contrac - tual terms, due to the general disruption caused by the pandemic. Today, the COVID-19 pandemic can no longer be deemed an unforeseeable event for parties wish - ing to enter into a contract. Indeed, the exclusion of the pandemic from the cases provided for in force majeure clauses has become increasingly common in contracts currently under negotia - tion. The shipping industry has recognised and accepted this trend, revising its standard con - tracts accordingly. 8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil The IMO’s actions to protect the environment began in early 1973 via the adoption of the International Convention for the Prevention of Pollution from Vessels (MARPOL). Annex VI on the prevention of air pollution from vessels was added to the MARPOL Convention in 1997, to impose stringent limits on sulphur and nitro - gen oxide emissions. Technical and operational measures aimed at reducing greenhouse gas (GHG) emissions were introduced in 2011.
The IMO rules apply uniformly to the entire glob - al transport sector and help to prevent distortion of international competition between operators, by ensuring a fair and regulated environment. Over the years, shipping companies have adapt - ed to the increasingly stringent IMO regulations enforcing technical and operational solutions which, for example, have led to the reduction of the sulphur content of marine fuels from 4.5% to the current 0.5% worldwide and 0.1% in Emis - sion Control Areas (ECAs), now also including the Mediterranean Sea. These measures entered into force on 1 May 2024, with the 0.1% revised sulphur limits coming into effect on 1 May 2025. The IMO’s fourth study on GHG emissions shows that there has been a reduction of almost 7% in carbon emissions and almost 30% in carbon intensity since 2008. These results were due to the IMO 2013 mandatory measures: • the Energy Efficiency Design Index for all new vessels; and • the Ship Energy Efficiency Management Plan for all vessels in operation. The IMO has adopted a policy framework that sets key ambitions, including reducing the annu - al GHG emissions from international shipping by at least half by 2050, compared with their 2008 levels. The IMO is also working towards phas - ing out GHG emissions from shipping entirely as soon as possible and reducing the carbon intensity of international shipping (to reduce CO₂ emissions per transport work), as an average across international shipping, by at least 40% by 2030, pursuing efforts towards 70% by 2050, compared to 2008. The “short-term measures” to reduce the carbon intensity of ships came into effect on 1 Novem -
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