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.