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The Implementation Regulation of the Nautical Code has been published in the Official Journal

Among the new features introduced, simplifications for large yachts, support for social boating and remodulation of safety equipment stand out.

di SUPER YACHT 24 EDITORIAL TEAM
22 September 2024
Print
Salone Nautico di Genova 2024

Confindustria Nautica announces that the Implementation Regulation of the Recreational Boating Code has been published in Official Journal No. 222. Four and a half years in the making, it implements the legislative reforms of the Industry Code, beginning with a series of important simplifications.

"This was a challenging process, requiring the concerted efforts of 14 ministers and led by the National Association of the Nautical Industry and Supply Chain, which sought to secure simplifications for businesses and users," said Marina Stella, Director General of Confindustria Nautica.

"The changes affect both small boats and superyachts, addressing registration, moorings, and safety equipment, and introducing the long-awaited nautical license that allows sixteen-year-olds to approach the sea," added Roberto Neglia, Head of Institutional Relations for Confindustria Nautica and head of the delegation at the technical table with the Ministry of Infrastructure and Transport.

Below is a summary of the most important changes that will be introduced with the new Nautical Code.

 

GREAT NAUTICAL

Registration

To facilitate registration, including for foreign vessels, the simplified procedures for registering vessels from other registers will also be applied to pleasure boats. The seller's declaration of sale, with certified signature, or the sales invoice are considered the title deed for registration in the Electronic Register, including for ships and superyachts registered in the Italian International Register.

Superyachts registered in the Italian International Registry

Registration can also be requested by the lessee. The ownership title, an extract from the Register of Ships Under Construction, or proof of the commencement of deregistration from another EU register are sufficient, along with a tonnage certificate, even a provisional one. A navigation license may be required for the vessel, in lieu of a certificate of nationality, and it can be authorized for navigation with a provisional license, valid for six months.

A single logbook is provided, issued by the maritime department of registration; the Crew List can be replaced with the Crew Roll; the embarkation and disembarkation of a crew member in a foreign port without consular authority has been simplified, requiring that the enlistment or disembarkation be recorded upon the seafarer's return to Italy.

Superyacht safety regulations will be amended by a decree from the Minister of Infrastructure and Transport, which will provide alternative standards, exemptions, and equivalences to international conventions.

Italian Passenger Yacht Code

A special standard for pleasure craft carrying up to 36 passengers is established, to be adopted by decree of the Minister of Infrastructure, which will provide alternative standards, exemptions, and equivalences to international conventions.

Construction and refitting

The pleasure vessel is exempted from the stability test if twinning conditions exist with another unit built by the same shipyard, certified by an authorized technical body.

The application of alternative standards, derogations, or equivalences is foreseen on the basis of the declaration of equivalence issued by the authorized technical body, both during the design and construction phases of the vessel.

In the case of conversion work on non-EU vessels at Italian shipyards, the owner, operator, or leaseholder can submit to the customs offices the certificate of registration in the foreign register or other equivalent document, which will be retained until the vessel is re-exported in order to access the procedural simplifications to be defined with the Customs and Monopolies Agency.

Appointment of shipowner

The Declaration or Revocation of ownership can be made with a verbal process not only before the Port Authority but also at a telematic help desk for yachtsmen.

BOATERS, SMALL AND MEDIUM NATURE

Pleasure boats

To support small-scale boating, specific spaces have been identified within the port area regulations for the mooring, including dry dock, of vessels up to 6 meters in length, as well as public slipways for launching these vessels and parking their trailers.

When establishing buoy fields and equipped mooring fields, the managers of marine protected areas take due consideration of pleasure craft belonging to social boating and regulate any concessions for them.

For safety purposes, essential instructions for commanding recreational vessels rented without a boating license are also provided in English.

patentino

Those who have reached the age of sixteen can obtain daytime certification, within six miles from the coast, for vessels up to 10 metres equipped with engines with a power not exceeding 85 kW or 115,6 HP (and in any case with a displacement not exceeding 1900 cc, if carburation or direct injection two-stroke outboard or 2400 cc, if carburation or injection four-stroke outboard not supercharged or 1500 cc, if carburation or injection four-stroke outboard supercharged or 1700 cc, if carburation or injection four-stroke inboard not supercharged or 1200 cc, if carburation or injection four-stroke inboard supercharged or 2400 cc, if diesel cycle inboard not supercharged or 2000 cc, if diesel cycle supercharged inboard or in the case of personal watercraft, 1000 cc two-stroke or 1700 cc if non-supercharged four-stroke or 1200 cc if supercharged four-stroke, and in any case in all cases with power not exceeding 85 kW or 115,6 HP, obtained following attendance of a training course, integrated with practical navigation and engine manoeuvre exercises, as well as passing a final suitability quiz.

Driving licence exams

Candidates who, having passed the theoretical test, have not taken the practical test or have passed it twice, may take the practical test again.

For work or study reasons, it is possible to take the exam in a province other than the one in which you reside.

SAFETY EQUIPMENT

Manufacturer's recommendations

For safety equipment, the following are introduced: manufacturer's recommendations, indicated in the accompanying documentation or stamped on the product.

Identification of life-saving equipment

The owner or any user under financial leasing or shipowner must identify individual life-saving means with the initials and registration number or with the identification number registered in the ATCN of the pleasure craft to which they belong, attaching themselves to the boat.

Mandatory equipment

The electronic compass is recognized.

Sailing vessels must be equipped with one deck safety harness with safety strap if they sail beyond 12 miles, and two if they sail beyond 50 miles from the coast.

Rockets

The expected packs are reduced from five to three.

Pleasure vessels and boats sailing beyond 50 miles from the coast:

Boats and vessels within 50 miles

Boats and vessels within 3 miles.

Recommended equipment

In addition to the mandatory equipment, there is a list of recommended equipment:

 

For all units

Without limit Within 50 miles Within 12 miles Within 6 miles
more x (2) x x x
suitable rope for towing the unit x x x x
mooring lines x (4) x (4) x (3) x (2)
fenders x x x x
half-sailor x x x  
bucket x x x  
waterproof torch x x x  
floating knife x x x  
softwood cones for seacocks x x    
tools and spare parts x x    
safety equipment stowage table x x x  
additional lifebuoy or floating “man overboard” recovery system x x x  
additional magnetic compass (if an electronic compass is on board) x      
Additional VHF, also portable x      
man-overboard alarm and/or location system x x    
Additional for sailing units Without limit Within 50 miles Within 12 miles Within 6 miles
spare VHF antenna x      
shears x      
banzigo for tree x      
sail repair kit x      
floating anchor x      

Life rafts

Vessels sailing beyond twelve miles from the coast and within the limits of the national search and rescue area, if equipped with electronic geo-localization tools, may have on board collective lifesaving equipment designed for sailing within twelve miles from the coast.

The survival craft intended for navigation within twelve miles of the coast may be replaced by a CE-marked inflatable boat, if compliant with UNI EN ISO 6185 standards, provided it is ready for use, equipped with a reboarding device, and equipped with the survival kit required for an equivalent survival craft. Furthermore, it must be capable of carrying the required number of persons on board, including the crew.

Life jackets

In addition to meeting the manufacturer's recommendations, they must be equipped with automatically activated lights.

 

GENERAL PROVISIONS

Certificate of suitability

For pleasure boats and vessels bearing the CE marking, in the event of serious damage or in the event of loss of the essential safety requirements or significant modification of the engine, the issue of the new certificate of suitability can also be requested by the leasing user (as well as by the owner).

Replacing the pneumatic unit tubes

The safety provisions set out for CE-marked vessels also apply to vessels.

Refitting

In the event of conversion work on vessels flying the flag of third countries at Italian shipyards, in applying the applicable customs procedures, the owner, vessel operator, or leaseholder may submit to the competent customs offices the certificate of registration in the foreign register or other equivalent document, which will be retained for the purposes of the procedural simplifications established by the Customs and Monopolies Agency.

Speed ​​limits

Within 500 meters from the coast, the speed limit is 8 knots; within ports and in roadsteads where vessels are at anchor, it is 3 knots.

Disturbing noises

It is forbidden to make disturbing noise within 500 meters of the coast.

Distance from the coast for anchorages

When adopting ordinances on navigation and anchoring limits, the competent authority, in addition to the safety of swimmers, must evaluate the safe anchoring of recreational vessels.

New commercial activities

The “assistance and towing” service for pleasure boats and navigation with drones are regulated.

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