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A parliamentary question has been submitted regarding the situation of non-EU seafarers in the nautical sector.

The Ministries of the Interior, Infrastructure and Foreign Affairs were asked whether they consider adopting urgent measures to remove the competitive disadvantage towards France and Spain.

di Nicola Capuzzo
22 September 2022
Print
Waterfront Marina – Genova – cantiere Amico & Co.

Le Alberto Amico's latest statements to SUPER YACHT 24, head of the Genoese shipyard Amico & Co., on the (still unsolved) case of non-EU seafarers whose stay in Italy is limited to 90 days if arriving by land or air have triggered the submission of a parliamentary question for a written answer signed by Forza Italia Senator Massimo Mallegni and addressed to the Ministries of the Interior, the Ministry of Infrastructure and the Ministry of Foreign Affairs.

The question begins by stating that "in recent days, during the presentation of the new dock F at Genoa's Marina Fiera, attended by the owner of Amico & Co, a refit shipyard and company that manages the nearby Waterfront Marina, a request was made for an update on the time restrictions on the stay of non-EU crews in Italy." As is known, "based on the ruling of the Court of Justice of the European Union of February 5, 2020, starting in late 2021, non-EU seafarers arriving in Italy to embark on non-Italian vessels will no longer have their exit stamp added to their logbooks until the captain declares the ship's departure for a port outside the Schengen area."

The question emphasizes that "Italy is home to the world's most important shipbuilding companies, and during the winter, many ships travel to the numerous shipyards for maintenance work that lasts well over three months and generates enormous economic benefits. During this period, taking advantage of the ship's inactivity, shipowners allow crew members to take vacation time or leave for professional training, resulting in seafarers having to leave and re-enter Italian territory. Upon re-entry, failure to stamp the ship while awaiting the ship's departure means they have exhausted the 90-day period provided for by the Schengen Code and are therefore found in Italian (and therefore Schengen) territory illegally."

The parliamentarian then recalls that, "to mitigate the effects of this situation, Article 13-ter, paragraph 1, of Legislative Decree No. 21 of 2022, converted, with amendments, by Law No. 51 of 2022, amended Article 27 of Legislative Decree No. 286 of 1998 with the addition of paragraph 1-septies, which would allow all non-EU seafarers, regardless of their role on board, who have an employment contract with non-EU companies that own non-Italian vessels and are present in Italian ports for an extended period, to apply for a 'work visa' outside the established quotas, without a work permit and using simplified procedures." However, "unfortunately, based on the response received on August 31, 2022, from the General Directorate for Italians Abroad and Migration Policies, Visa Unit: 'the new regulation is currently being discussed with the competent bodies of the Ministry of the Interior in order to establish, with the implementing decree, the methods of application, or the type of visa most suitable for these workers' 'and therefore this procedure is currently not yet applicable.'

Senator Mallegni further specifies that "some Italian consulates, when contacted, have confirmed that they will not apply the new procedures in the absence of implementing provisions. Furthermore, although officially denied by the respective authorities, there have been reports that in France and Spain exit stamps continue to be applied, even for vessels stationed for extended periods."

This all results in market distortion because "the situation is leading many megayacht owners and captains to consider moving their vessels to countries where these issues do not exist, resulting in significant economic damage to the sector. It should be noted—the question states—that Italy is still far from a solution to this problem, and this represents a penalizing factor that, on the one hand, fuels negative marketing against our country, especially Genoa, by all major international competitor cities such as Palma de Mallorca, Barcelona, ​​La Ciotat, and Marseille, and on the other, limits new projects and investments."

For this reason, the senator asks to know: "whether the ministers in question are aware of the problem outlined; whether they consider adopting, each within their respective spheres of competence, urgent measures to eliminate the competitive disadvantage, especially compared to neighboring countries like France and Spain."

The answers to these questions will be known in the near future, but in the meantime, the industry is calling for enforceable regulations that can address this competitive distortion.

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