New rules on seafarers keep big yachts away

From 10 April, with the entry/exit system coming into force, for non-EU seafarers the registration of exit from our country, by the Border Police, no longer takes place at the moment of embarkation, but at the departure of the vessel for extra-territorial waters. This is based on provisions issued by the offices of Genoa, Savona and Livorno.

What might be a small variation in procedure has major consequences in the sector oflarge yachts (over 30 metres), as highlighted in a note by Confindustria Genova and Genova for Yachting (an association representing the cluster of professional Genoese boating). These boats and their crews spend even long periods of time in Italy (up to eight months) but the personnel, composed almost entirely of non-EU workers, are subject to vacation. As a result, they enter Italy by land or by air and then embark. As non-EU nationals, they have 90 days' stay from the moment of entry. Under the previous rules, exit from the country took place at the moment of embarkation, which allowed personnel to remain on board during repair activities, for example, or while sailing in territorial waters, perhaps for charter activities. Now, however, the 90-day limit continues to run and, once it has been exceeded, they must leave the ship and Italy.

The new provisions lead to different conditions occurring within the same crew, so much so that, 'in the same cabin there may be seafarers who have different legal treatments,' exemplifies Bruno Guglielmini, managing director of Amico & Co. a shipyard active in the repair and refurbishment of maxy yachts. Or it can happen that the 'master of a yacht can stay on board for the entire duration of his stay if he has arrived in an Italian port by ship, whereas if he goes on leave, for example to London, he is subject to the 90-day limit when he returns to Italia'. Moreover, during long maintenance stops, it is necessary for the crew to remain on board because they control the execution of work and not infrequently have work carried out by their contractors.

This leads to difficulties in managing personnel on the part of the armers who are pushed to choose other countries for technical stops and commercial activities, all the more so since, at first glance, similar provisions have not been adopted by the main competitors, France and Spain, as was the case in the recent past. In fact, in July 2021, the Ministry of the Interior had given instructions to apply the exit stamp at the moment of departure, based on an interpretation of a ruling by the EU Court of Justice and the Schengen Borders Code: a decision that was later revoked in September 2023.

 For the sector, which counting 26 specialised shipyards and 56 marinas nationwide, the economic damage risks being significant: according to calculations released by Confindustria Genova and Genova for Yachting, in the province of Genoa alone there is a risk of losing over40% of the clientele, i.e. those whose ships stay in Italia for more than 1-2 months, against an annual value of the sector equal to 300 million euros that becomes more than 700 million considering the allied industries. The sector's annual value is estimated at over €300 million, which becomes more than €700 million considering the allied industries