Italy has introduced a new requirement for certain foreign-flagged recreational craft. Although limited to units up to 24 metres, the measure is also relevant to the wider superyacht sector, including owners, managers, brokers and shipyards.
The new rule
Article 26-ter of the Italian Recreational Craft Code, in force since 10 May 2026, applies to foreign-flagged recreational craft that:
- are up to 24 metres;
- navigate or remain in Italian internal or territorial waters, or an Italian ecological protection zone; and
- are owned by an Italian citizen resident in Italy or by a legal entity with its registered office in Italy.
The ownership test must be considered carefully: the provision refers to the legal owner and does not expressly look through a corporate structure to the ultimate beneficial owner.
An affected craft must demonstrate its fitness for navigation through the certificates required by its flag state. If the flag state does not provide for such certification, the craft must be inspected by a notified technical body, which may issue an attestation valid for five years.
The rule was introduced by Article 16 of Law No. 70/2026.
The Ministry’s clarification
In Circular No. 11265 of 18 June 2026, the Italian Ministry of Infrastructure and Transport clarified that fitness for navigation remains a matter for the flag state.
The Italian attestation is therefore not a substitute for a foreign safety certificate. The inspection should focus on material maintenance deficiencies that could endanger navigation or the marine environment, such as defective electrical, gas, bilge-pumping or firefighting systems, water ingress or malfunctioning seacock valves.
The inspection is carried out in the water. The resulting attestation must be kept on board but does not need to be filed with the Italian recreational craft register. Flag-state certificates in languages other than English require a sworn Italian translation, and the master is responsible for verifying whether the additional attestation is needed.
The EU law question
For EU-flagged craft, the provision raises a question of proportionality.
Article 5 of Directive 2013/53/EU allows Member States to adopt navigation rules protecting the environment and navigational safety. Such measures must, however, be justified and proportionate and must not require modifications to compliant craft.
EU law does not prevent Italy from addressing genuine safety or environmental risks. The difficulty arises if Article 26-ter is applied as a second national certification system to craft lawfully registered under another EU flag.
Not all flag states require periodic navigability certificates for private recreational craft. In some jurisdictions, the absence of such a document reflects a deliberate regulatory model rather than a lack of oversight. Likewise, the Italian rule is triggered by the owner’s residence or registered office, even though the environmental risk posed by a poorly maintained craft does not depend on its owner’s location.
The Ministry’s narrow interpretation reduces these concerns, but the approach adopted in practice by notified bodies and maritime authorities will be decisive. Pending further guidance or judicial interpretation, owners should not assume that a possible EU law objection suspends the Italian requirement.
Practical implications
Article 26-ter may also affect separately registered tenders, chase boats, day boats and support craft associated with larger yachts. Documentation issues may delay transactions, refits, sea trials, deliveries or seasonal operations.
Owners, managers and advisers should therefore verify:
- the craft’s length, flag, legal owner and use;
- the owner’s residence or registered office;
- the certificates required by the flag state;
- whether translations are needed; and
- whether an Article 26-ter inspection must be arranged.
Shipyards should coordinate any inspection with launch and redelivery schedules, while brokers should address responsibility for the attestation, corrective works and delivery documents in the transaction documentation.
Applied as a targeted maintenance and environmental check, Article 26-ter is more likely to remain compatible with EU law. Applied as an automatic second certification regime, particularly for EU-flagged craft, it may face greater legal scrutiny. Early, flag-specific compliance analysis remains the safest course.