Yachts and navigation in national and international waters: rules and restrictions

rules and limits of navigation in national and international waters

With the expansion of the nautical sector and the increase in its commercial and recreational activities, it is important to know the rules and restrictions of navigation, both nationally and internationally. This guide aims to clarify the legal position of pleasure crafts in our territorial waters and in EU or non-EU countries, with particular attention to pleasure boats, a term often used to designate yachts or superyachts.

Centro Italia Yachting® boasts extensive experience in the maritime industry, creating pools and wellness facilities for the finest yachts, superyachts and cruise ships. For more information about our services, please contact us at toll-free number 800 931 931 or email us at info@centroitaliayachting.com.

 

Introduction

For the purpose of the discussion here, we’d like to have the following explained:

  • International conventions provide for freedom of navigation in territorial waters for all vessels;

  • There are no directives regulating navigation in EU maritime waters;

  • Navigation in international waters is governed by the 1982 Montego Bay Convention.

 

Italian territorial waters

State sovereignty in territorial waters is governed by Article 2 of the Navigation Code:

"The State has sovereignty over gulfs, bays and inlets, whose coasts are part of the territory of the Republic, when the distance between the outermost points of the opening of gulfs, bays or inlets do not exceed twenty-four nautical miles. If this distance is greater than twenty-four nautical miles, the portion of the gulf, bay or inlet within the straight line drawn between the two outermost points distant from each other by twenty-four nautical miles is subject to the sovereignty of the State.

The zone of sea extending twelve nautical miles along the continental and insular coasts of the Republic and along the straight lines joining the outermost points indicated in the above paragraph is also subject to the sovereignty of the State. This extension is measured from the coastline marked by low tide.

Different provisions established for certain effects by laws or regulations or by international conventions are preserved."

However, states have the possibility of possessing an Exclusive Economic Zone, an area where the state has the right of jurisdiction and management of natural resources and which can extend up to 200 nautical miles from the baseline from which the breadth of the territorial sea is measured. Italy did not proclaimed such zone; however, pursuant to Article 1 of the law of February 8, 2006, an ecological protection zone of the northwestern Mediterranean, the Ligurian Sea and the Tyrrhenian Sea has been established from the outer limit of the Italian territorial sea. 

 

Navigation limits

The rules regarding freedom of navigation vary depending on the type of pleasure craft. Pleasure boats and craft not equipped with CE marking (a certification declaring compliance with the essential safety requirements laid down by the European Union) can navigate up to 6 miles from the coast; however, in the absence of CE marking, the certificate of approval and the declaration of conformity may enable navigation up to 12 miles from the coast. As for pleasure craft equipped with CE marking, navigation authorization is linked to the design category, which does not express distance limits but rather the ability to navigate under specific sea weather conditions. Craft with the CE mark are divided into four categories marked with the letters A, B, C, and D, indicating the weather conditions within which vessels can safely navigate at any distance from the coast:

  • Category A: no limits;

  • Category B: up to force 8 wind and waves up to 4 meters;

  • Category C: up to force 6 wind and waves up to 2 meters;

  • Category D: up to force 4 wind and waves up to 0.5 meters, are special units authorized for navigation in protected waters.

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Navigation in international waters

International waters, namely the marine space that extends beyond territorial waters and Exclusive Economic Zones, are defined as "res communis omnium," something common to all, where anyone has permission to navigate, fish and carry out scientific research. However, the 1982 Montego Bay Convention introduces the need for a close connection between the ship and the flag of registration for navigation on high seas, which must be proved by onboard documents. This means that in international navigation, it is mandatory to comply with the laws of the flag nation.

Therefore, vessels not registered in the registries are not authorized to navigate outside territorial waters as they cannot prove nationality through onboard documents.

If the flag state holds control over onboard technical, administrative and social matters, traffic control can be exercised by naval vessels belonging to any country that signed the Convention, to which the "right of visit" is reserved (Article 110 of the Convention) if there is reasonable suspicion that the ship is stateless. 

 

Pleasure crafts registered in EU and non-EU countries in Italian waters

What happens in the case of foreign pleasure craft navigating in Italian waters? Pleasure craft flying the flag of EU countries can transit in Italian territorial waters without any limitation, and vice versa, since January 1, 1993, EU member states have decided on the existence of an internal area without borders, where free movement of persons, goods, services and capital is permitted. In addition, pleasure craft flying the flag of an EU Member State are required to observe the following rules:

  • They must have third-party liability insurance during navigation in territorial waters (green card);

  • They can be transferred to Italian registers;

  • They can be leased and rented under the same conditions established for national flag units.

Pleasure craft flying non-EU flags can navigate in EU territorial waters under temporary admission for a maximum period of 18 months ("verification period"), provided they possess a green card. After this period, vessels must be removed from territorial waters and then start a new verification period to avoid definitive importation with payment of customs duties and penalties for smuggling. The start of the verification period coincides with the declaration deposited by the ship-owner at the Customs Office in the first port of entry into the territory of the Union. It is true that the Italian Customs Agency has specified that "for a pleasure yacht registered in a third country, the request for the verbal declaration - provided for by Article 136 of the CDU in order to certify the moment of entry into the customs territory of the Union - should be considered a 'power' and not an obligation, given that the mere crossing of the Union border (in this case entry into territorial waters) entails the obligation to the temporary admission regime." Furthermore, with the same provision, the ship-owner is authorized to use Annex 71-01 RD without the request for additional guarantees. Pleasure craft can benefit from temporary admission under the following conditions:

  • The craft must be registered outside the customs territory of the Union; •

  • The registration must be in the name of the natural or legal person established outside that territory;

  • The craft must be used by persons residing in that territory.

 

Navigation and Nautical Sustainability

The rising of sea levels, changes in currents and the increase in environmental disasters are facts that demand increasing attention to nautical sustainability. Regulatory production for ships is extensive, with international conventions and regulations imposing the need for the sector to adopt increasingly sustainable tools. The leading international regulatory body in the maritime sector is the International Maritime Organization (IMO), which combats pollution from the maritime sector through the International Convention for the Prevention of Pollution from Ships. The Convention has introduced important tools to assess the energy efficiency of ships, such as the Energy Efficiency Design Index, which allows determining the CO2 emitted by a ship to travel a unit of nautical miles under standard conditions. 

However, in the yachting sector, shared guidelines are still lacking on the rules to follow to make a sustainable turn in recreational navigation. Nevertheless, there are entities such as RINA, a multinational group established in 2000 as a spin-off of the Italian Shipping Register, which today provides numerous services in the fields of certification and inspection, including in the nautical sector.

RINA issues certifications and compliance assessments in the field of nautical sustainability and constantly proposes new challenges to those operating in the sector. Centro Italia Yachting® is one of the few companies in the sector guaranteeing full compliance with RINA regulations in its projects, designing cutting-edge technologies with the precise objective of minimizing waste and ensuring safe and environmentally respectful navigation. An example is provided by the materials used in swimming pools and hot tubs to be installed on ships or yachts: high-density nautical EPS and XPS, the main materials used, have eco-friendly characteristics such as recyclability and non-toxicity, as well as being high-performing in terms of waterproofing and resistance. 

 

Conclusions

Understanding the rules governing navigation in national and international waters is essential for venturing out to sea with a yacht or superyacht, in order to avoid unpleasant surprises and hefty fines. A yacht can freely circulate in Italian territorial waters in compliance with the rules provided by its design category and is authorized to navigate in international waters after registration in the registers, with the understanding that outside Italian waters, it must still comply with the laws of the flag nation. When navigating in the territorial waters of a third country, it is advisable to ensure compliance with all navigation obligations, customs procedures, etc., although when navigating in a European Union country, arrival and departure formalities are reduced to the essential thanks to agreements between member states.

 

Contact us for further information and to discover the wide range of nautical services offered by Centro Italia Yachting®.

 

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