ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm
ber 2022, through the introduction of the Energy Efficiency Existing Ship Index (EEXI), the annual evaluation of the Carbon Intensity Indicator (CII) and an improved Ship Energy Efficiency Man - agement Plan. These measures combine technical and opera - tional approaches to improve the energy effi - ciency of ships. From 2023 onwards, vessels over 400 GT will have to calculate their EEXI in comparison with a reference value, while ves - sels over 5,000 GT will have to establish their annual operational CII and CII rating. In this regard, a “Required annual operational CII” will be a parameter taken into consideration and will become increasingly stringent every year. In other words, ships will get an A, B, C, D or E rating for their energy efficiency, with A being the best. This sends a strong signal to national authorities and stakeholders, who are encour - aged to provide incentives to ships rated as A or B. A ship rated D for three consecutive years, or E, is required to submit a corrective action plan, to show how the required rating of C or above will be achieved. Impact assessments on how this new rule will change services and costs, especially in the cabotage sector, are under way around the EU and elsewhere, as there is no doubt that, in the absence of an appropriate timescale, there could be significant variations to the services as they are operated today. In July 2024, the main international associations of the shipping industry submitted a petition to the IMO seeking to revise the existing CII index. 8.3 Trade Sanctions As an EU member state, Italy has recognised and implemented several economic sanctions
imposed on countries or non-state entities or natural persons and groups by the EU itself and by the UN. The sanctions regimes in force in the EU include the following: • UN sanctions adopted by the UN Security Council under Chapter VII of the UN Char - ter, which the EU transposes into EU law on behalf of the EU member states; • UN sanctions reinforced by the EU by impos - ing more stringent and severe measures (“additional”) (this regime can be referred to as a “mixed sanctions regime”); and • EU sanctions imposed by the EU itself on its own initiative in the absence of UN sanctions (“EU autonomous sanctions regimes”). Still at an EU level, with reference to freezing and blocking measures relating to assets, eco - nomic resources and funds (namely, measures interrupting or reducing economic relations with a targeted subject, in part or completely), com - mon foreign and security policy decisions are implemented by means of a Regulation, which is binding and directly applicable in Italy, under Article 215 of the Treaty on the Functioning of the European Union. In terms of co-operation with the enforcement of trade sanctions and, in particular, in order to implement the EU and UN sanctions, Italy has enacted the following legislation: • Legislative Decree No 109 of 22 June 2007, and subsequent amendments, providing a legal framework aimed at preventing the use of financial systems for the purpose of terror - ist financing and at freezing funds and eco - nomic resources in order to combat terrorist
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