IT-GUIDE-L3.2

The EU/EEA Master Rule and the Italian Maritime-Law Exam

IT-GUIDE-M3 · Foreign Crew on Italian-Flag Yachts · IT-GUIDE-M3-A Getting a foreign CoC recognised, the EU/EEA rule for masters and the Italian-law exam, and the medical and social-security basics.

On an Italian-flag ship the **master must be an EU/EEA national** who knows enough Italian law to keep the ship's papers. Non-Italian EU masters prove it in an exam: **one written act and an oral, in Italian or English**.

Legal frame

Governing: Cod. nav. art. 292-bis; D.Lgs. 71/2015 arts 6(9) and 20(1); D.M. 1 Feb 2012 n. 38 as amended by D.M. 2 Sep 2015; L. 172/2003 art. 3(4). Builds on: L3.1.

The rule

Art. 292-bis of the Codice della navigazione (navigation code) says that on board Italian-flag ships the master, and the chief mate when acting as master, must be nationals of an EU or EEA state. Access to those functions also requires a professional qualification and enough Italian language and law to keep the ship's papers and exercise the master's public functions. D.Lgs. 71/2015 art. 6(9) repeats the rule, and art. 20(1) bars recognition of third-country CoCs for those functions.

So there are two separate hurdles: nationality and certificate. A British master fails the first however good his CoC. An EU master with a recognised EU CoC clears both but must still prove the Italian law.

Does it reach yachts?

The texts speak of "navi battenti bandiera italiana". No circular read for this course says in terms that it applies to commercial navi da diporto as it does to merchant ships. For Registro Internazionale charter ships, L. 172/2003 art. 3(4) independently sets a crew "di norma" of the master plus two, of Italian or other EU nationality. Treat the EU-master rule as applying to Italian-flag commercial yachts unless the flag office tells you otherwise in writing.

The exam

D.M. 38/2012, as amended in 2015, applies to EU/EEA masters not enrolled in the Italian matricole and to EU chief mates delegated the master's functions.

Element Content
Language Italian or English, at the candidate's choice
Written Drafting one of eight acts: death, birth, marriage, disappearance at sea, will, arrest, giornale nautico (log) entry, convenzione di arruolamento (articles of agreement)
Oral Ship's papers and crew list (ruolo equipaggio); logbooks (inventory, general and accounts, navigation, cargo, engine); civil-status acts and their transmission; the master's disciplinary powers over crew and passengers; judicial-police functions, reporting duties and offences at sea
Board At the Direzione marittima: a senior Coast Guard officer, a union representative, a shipowners' representative
Sessions A summer and a winter session; extraordinary sessions on at least 30 days' notice

Applicants need an STCW II/2 CoC and the Italian consular endorsement, or proof it has been applied for.

Sailing before you pass

Art. 3(4) allows an EU master to embark before the exam if he delegates the ship's papers and civil-status acts to an Italian chief mate, or, for no more than 6 months, to an EU chief mate who already holds the attestation.

After you pass

The attestation is valid with the endorsement and for at most 5 years. It is renewed automatically if you have served 12 months as master (or chief mate acting as master) on Italian-flag ships in the last 5 years (art. 7).

TIP — Prepare properly The written act is short but formal, and examiners expect the correct headings, witnesses and transmission steps. Italian Maritime Law for EU Masters covers the eight acts with models in both languages.

Practice questions

5 questions

recall · core

Which nationality must the master of an Italian-flag ship hold? (a) Any IMO member State (b) EU or EEA (c) Italian only (d) Any, if the CoC is recognised

recall · core

In which languages may the Italian-law exam be taken? (a) Italian only (b) Italian or English, at the candidate's choice (c) Any EU language (d) English only

recall · core

What does the written test consist of? (a) A chartwork paper (b) Drafting one of eight acts (e.g. death, birth, will, arrest, log entry, articles of agreement) (c) A 20-question quiz (d) An essay on COLREGs

recall · core

Where is the exam board set up? (a) At MIT in Rome only (b) At the Direzioni marittime (c) At Italian consulates (d) At every Capitaneria di porto

scenario · core

A Maltese-certificated British national is the best-qualified candidate to command an Italian-flag 60 m charter nave. What is the problem? (a) Nationality: the master must be an EU/EEA national, so a UK national cannot command whatever CoC he holds (b) The Maltese CoC cannot be endorsed (c) None if he passes the Italian-law exam (d) He must first pass the patente B

Independent study. xplor is not affiliated with the Italian Ministry of Infrastructure and Transport (MIT), the Guardia Costiera / Capitanerie di Porto or any marine protected area, is not an approved nautical school (scuola nautica) or training centre, and awards no licence, title, certificate or endorsement. Titles, endorsements and exams are obtained only through the Capitanerie, the Direzioni marittime, Italian consulates and MIT-recognised training institutes, and nothing in this guide counts towards sea service, course hours or any exam. AI-drafted content pending subject-matter-expert review.