Amico's warning: "We must address restrictions on the permanence of non-EU crews in Italy."
From September to November 2021, cancellations of scheduled yacht stops at marinas and shipyards in Genoa have caused economic damage estimated at over 46 million euros and destined to increase
"In just three months, from September to November 2021, cancellations of previously scheduled yacht berths at marinas and shipyards in the Genoa area have resulted in economic damage estimated at over 46 million euros, a loss set to increase and expand throughout the peninsula in view of the upcoming summer charter season." Alberto Amico, head of the Amico & Co shipyard and vice president of Genova For Yachting, the association that brings together 53 operators in the Genoa-based professional yachting sector, used these numbers to raise serious concerns about the large-scale yachting industry in Liguria.
Speaking at the event "Road to Expo Dubai – Nautica, la grande bellezza della Liguria" organized by the Liguria Region with Liguria International, Amico raised this critical issue following the implementation, starting in August 2021, of a 2020 ruling by the European Court of Justice, which modified the entry and residence rules for non-EU seafarers in Italy, effectively jeopardizing the competitiveness of the Italian system in the charter, superyacht services, and cruise sectors.
The practice generally adopted until now, in application of the provisions of the Schengen Code for immigration control, guaranteed the legal entry and stay in Europe of non-EU seafarers, consistent with the specific nature of their work, which by its very nature requires cross-border movement. This recent ruling, however, has changed this practice, maintaining the normal movement of seafarers arriving in Europe on their own vessels but effectively limiting the stay of their colleagues arriving by land or air to just 90 days to board a vessel already in European waters.
This restriction severely impacts the normal crew management of foreign-flagged vessels in Italy—and its ports, marinas, and shipyards—for significantly extended periods of time, in compliance with customs regulations, whether for commercial purposes (cruises or charters), for maintenance/repairs, or for wintering in marinas,” explains Genova For Yachting.
The prejudice lies in the fact that crew management (which is largely comprised of non-Schengen nationals, particularly Anglo-Saxons when it comes to superyachts) necessarily requires their rotation according to the rules set forth in their respective employment contracts (for example, vacation, sick leave, etc.). The 90-day time limit imposed on seafarers embarking by land, in effect, makes it impossible to maintain the vessels manned with the necessary crews for their entire stay. Once this period expires, these seafarers are no longer entitled to remain aboard and effectively become "illegal immigrants."
During his speech, Amico emphasized how this difficulty objectively discourages shipowners from focusing on Italy when choosing a territorial area for their operations, resulting in a serious loss of economic benefits for the regions where the blue economy has developed, linked to cruises, charters, large yacht charters, and the management and wintering services, as well as the related repair and maintenance.
In Italy, following instructions from the Central Directorate of Border Police, starting in August 2021 and beginning in Genoa, territorial commands have gradually begun implementing the new rule resulting from the ruling. However, to date, its implementation has not been uniformly adopted across Europe, posing a risk of Italy backfiring.
"In France and Spain, governments appear to be adopting an extremely cautious approach, effectively creating a powerful marketing tool and a competitive advantage for their own national operators over Italy," emphasized Alberto Amico, who believes this disparity in treatment is being exploited by neighboring countries as a marketing tool to their advantage.
All this has already resulted in economic damage for the Italian system and, first and foremost, for the Genoese sector dedicated to large yachts, which represents a center of global excellence.
Concerned about the situation ahead of the upcoming charter season, the Genova for Yachting association—which brings together over 53 local operators in the professional yachting sector—has reached out to local institutions (Liguria Region, Municipality, Prefect, Port Authority, and Harbor Master's Office) to raise awareness of the concrete risk and the need to find a solution. To address this self-inflicted competitive distortion, Genova for Yachting, together with "the associations representing the main blue economy sectors (Confindustria Nautica, Confitarma, Assarmatori, and Federagenti), has initiated active discussions with the Undersecretary, with the aim of exploring possible solutions based on current EU and national legislation, without, of course, contradicting the rationale of the ruling," Amico concluded.
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