The modernization of the Navigation Code is also part of the process of promoting the potential of the sea.

Article 21 of Law No. 70 of 7 May 2026, on the “Enhancement of maritime resources”, amends the Navigation Code as part of a broader overhaul of the regulations governing maritime navigation and shipbuilding, with the aim of:

• updating and aligning certain provisions of the Code with the new national maritime strategy;
• strengthen navigation safety and administrative efficiency;
• align the Code with the simplification and digitalisation measures introduced by the law;
• ensure greater systematic consistency between the Navigation Code, regulations on pleasure boating and regulations on commercial navigation.

Overall, Article 21 implements a comprehensive modernisation initiative, aimed at broadening access to maritime professions, simplifying and digitalising procedures and shipboard documents, clarifying the rules on ship registration and strengthening legal certainty regarding ship mortgages.

Seafarers and navigation entries

Among the main changes introduced by the law, those relating to seafarers are particularly significant, with the broadening of the eligibility criteria for registration as seafarers, extended to include citizens of EEA states, Switzerland and, under certain conditions, third-country nationals residing in Italy.

Significant changes also concern the formalities for entries in seafarers’ service books, now regulated in greater detail directly within the Code, with a clear division of responsibilities between maritime offices, consular authorities and the ship’s master.

Registration of ships in registers of ships

Of particular importance are the amendments regarding the registration of ships in registers of ships and their removal therefrom.

Law No. 70/2026 incorporates into the Code – rather than in the implementing regulation – the list of documents required for registration. The new Article 146-bis introduces a standardised list of the required documentation (title of ownership, tonnage certificate and other certifications), applicable both to ships newly built in Italy and to those built abroad or flying a foreign flag.

Alongside these provisions, Article 152-bis introduces the possibility of obtaining a provisional registration of the vessel, valid for six months, providing for a simplified procedure that allows the vessel to operate pending the finalisation of the definitive registration.

Dismissal of the flag and dismissal due to bareboat charter

The rules governing the dismissal of the Italian flag have also been significantly updated through amendments to Article 156 of the Code.

In particular, the guarantee required to secure any unregistered rights, which could originally only be issued by banks, may now also be provided by authorised insurance companies and has been extended to cover unregistered social security rights as well.

The suspension of the flag following bareboat charter and temporary registration in a foreign register is then structured on two levels:

-paragraph 8 continues to govern registration in registers of Non-EU Member States;

-the new paragraph 8-bis governs temporary registration in registers of other EU Member States.

In both cases, the suspension of the vessel’s authorisation to sail and its deletion from the register are provided for in accordance with EU legislation, with obligations to notify the INPS and appropriate forms of public notice.

Digitalisation of on-board documents

A further step towards the modernisation of the flag register is represented by the introduction of Articles 169-bis, 169-ter, 169-quater and 169-quinquies, which allow for the creation and storage in digital format of charts, logs and on-board documents (navigation logs, crew lists, IMO registers, MARPOL, GMDSS, etc.), in compliance with both international regulations and the Italian Digital Administration Code.

Further changes

The changes introduced by Law No. 70 are rounded off by amendments concerning the keeping and language of logbooks, the extension of the parties authorised to submit information regarding the arrival and departure of the vessel as referred to in Article 179, and measures regarding the regulation of ship mortgages, aimed at strengthening the certainty of shipping operations and financing.

The amendments to the Navigation Code introduced by Article 21 have been in force since 10 May 2026, the date on which Law No. 70/2026 came into general effect.

Cecilia Cavanna
cecilia.cavanna@mordiglia.it