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May 6, 2026: Let's take stock of the Italian legislative decree
In the text, Article 15, letter c), introduces Article 26-ter, entitled "Prevention of Environmental Damage." With the aim of implementing environmental prevention, this article stipulates that recreational vessels up to 24 meters sailing or stationed in Italian inland waters, territorial seas, and ecological protection zones, owned by Italian citizens or legal entities with residence or registered office in Italy, respectively, must demonstrate their seaworthiness.
The text of the bill was approved by the Chamber of Deputies on April 29, 2026, without any amendments to this specific article.
THE TIMING OF THE BILL AND ITS IMPLEMENTATION
In the coming weeks, implementing decrees from the Ministry and circulars from the Coast Guard will be issued, explaining to the various technical bodies (RINA, ENAVE, BV, UDICER, etc.) how to inspect the approximately 40,000 vessels of Italian citizens flying foreign flags (POLISH, FRENCH, MALTESE, BRITISH, BELGIAN, SLOVENIAN, etc.).
It will not be easy to make the various European countries concerned accept that Italian authorities legislate on behalf of the various flag states regarding the safety of their recreational craft. On this topic, I recommend this 2014 circular from the Ministry of Transport, which sheds light on the jurisdiction of the various flag states over their vessels.
The DDL creates two different plans:
On the one hand:
- foreign citizens flying flags that do not require inspections
- Italian citizens with unregistered vessels
who will not be subject to inspections and could easily pose an ecological threat to our coasts,
On the other hand:
- Italians flying a foreign flag
who will have to undergo medical checks regardless of the length of their vessel.
The DDL therefore does not aim to protect the coast regardless of the vessel or the nationality of the owner, but only to punish Italian citizens with boats flying a foreign flag.
WHICH STATES REQUIRE SECURITY CHECKS?
The following table summarizes the mandatory health checks for some European countries:
| ITALY (*) | from 1 to 23.99 m |
| POLAND | from 15 to 23.99 m |
| NETHERLANDS | from 1 to 23.99 m |
| GERMANY | not expected up to 23.99 mt |
| AUSTRIA | not expected up to 23.99 mt |
| FRANCE | not expected up to 23.99 mt |
| MALTA | not expected up to 23.99 mt |
| ENGLAND | not expected up to 23.99 mt |
| BELGIUM | nnot expected up to 23.99 mt |
WHAT SHOULD THOSE WHO HAVE A BOAT WITH A FOREIGN FLAG DO NOW?
Nothing at the moment; only with the implementing decrees will we know exactly what needs to be done.
It is hoped that a timeframe for compliance will be established and that in the meantime, based on the numbers presented both at the Italian and European levels, this article of the bill will be deleted or modified.
We remain at the disposal of all our customers for further information.
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