The Senate approved the bill into law of decree-law of 12 July 2011, No 107 on the extension of the interventions of development cooperation and in support of peace processes and stabilization introducing, among other things, specifically Article 5, which we publish below, urgent measures to combat maritime piracy. .
In particular, the measure provides for the possibility of using private military security of the Navy or armed private security guards on board merchant vessels flying the Italian flag for the protection of ships in transit in international sea areas at risk of piracy.
Expressing satisfaction at the approval of the bill in the Senate, the President of the Italian Confederation of Ship Owners (Confitarma), Paul D'Amico, expressed the hope that the measure "is finally approved in a short time before the summer break ". "At the same time - he added - I hope the completion of the entire regulatory framework with the adoption of the ministerial decrees necessary for the full implementation of measures which, I repeat, are not yet operational." "I answer it - said D'Amico - the assertions that have highlighted the failure to use such forms of active defense on the part of shipowners, in the recent case of attack by pirates in the Italian tanker RBD Anema e Core in the Gulf of Nigeria ". "Trusting in the rapid passage through Parliament - said the president of Confitarma - I take this opportunity to thank the Minister La Russa, who supported the measure, and all the political forces, even in the diversity of their positions, have well understood the 'urgency of this measure is necessary in a particular moment as the life of our country. "
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Article 5 of the bill "into law of decree-law of 12 July 2011, No 107, interventions concerning extension of development cooperation and in support of peace processes and stabilization, as well as' international missions of the armed forces and police, and provisions for the implementation of Resolutions 1970 (2011) and 1973 (2011) adopted by United Nations Security Council. Urgent measures Piracy "
Item 5.
(Further measures to combat piracy)
1.The Ministry of Defence, as part of international efforts to combat piracy in order to ensure freedom of navigation of commercial shipping national, private owners may enter into with the Italian and other subjects with specific power of representation of that category conventions for the protection of vessels flying the Italian flag in transit in international sea areas at risk of piracy identified by the Minister of Defense, after consultation with the Minister of Foreign Affairs and the Minister of Infrastructure and Transport, taking into account the periodic reports of the International Maritime Organization (IMO), by boarding, on request and at the expense of the owners of nuclei military protection (NMP) of the Navy, which may also draw other personnel of the Armed Forces, and its weapons for the planned ' performance of the service.
2. Military personnel component of the nuclei referred to in paragraph 1 operates in accordance with the guidelines and rules of engagement issued by the Ministry of Defence.The master of each nucleus, which heads the sole responsibility of the military to combat piracy, and staff reporting to it are attributed functions, respectively, as an officer and a judicial police officer to the offenses referred to in Articles 1135 and 1136 of the Navigation Code and those connected to them under Article 12 of the Code of Criminal Procedure. At the same staff are paid, after reallocation of its resources paid into the state budget to the provisions of Section 3, the compensation lump sum of employment and the compensation payable for the military units of the Navy embarked on international maritime spaces and apply the provisions of Article 5, paragraph 1, of Decree-Law of 30 December 2008, No 209, with amendments, into law February 24, 2009, No 12, and Article 4, paragraphs 1 and 1-e-f of the Decree-Law 4 November 2009, No 152, with amendments, into law December 29, 2009, No 197, superseded the necessity of military operations the need to protect the ships referred to in paragraph 1.
3.Owners who use the services of protection referred to in paragraph 1 shall correspond to the rest of the charges, inclusive of personnel costs referred to in paragraph 2 and operating costs, as defined in the agreements referred to in paragraph 1, by payments to 'entry of the state budget, fully re-allocated within sixty days, the relevant chapters of the estimates of expenditure of the Ministry of Defense, notwithstanding the provisions of article 2, paragraphs 615, 616 and 617, the Law of 24 December 2007 No 244.
4. In cases where there are no protection services referred to in paragraph 1, the private security services, which are governed by articles 133 and following of the consolidated public safety laws, including the Royal Decree of 18 June 1931 No 773, as amended, and Articles 249 and following of its implementing regulation, by Royal Decree of 6 May 1940, No 635, as amended, can be accomplished with the use of special armed security guards, to protect the goods and values on merchant ships and fishing vessels flying the Italian flag in international sea areas at risk of piracy.
5.By decree of the Minister, in consultation with the Minister of Defence and the Minister of Infrastructure and Transport, to be taken within sixty days from the date of entry into force of this Decree, have established the characteristics, conditions and requirements for possession, use, acquisition and transportation of weapons and ammunition whose home port is authorized for the provision of security services referred to in paragraph 4.
6. The provisions of Article 5, paragraphs 2 to 6 of Decree-Law No 209 of 2008, ratified with amendments by Law No 12 of 2009, as amended, relating to vessels and areas where you perform the services referred to in paragraphs 1 and 4..
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The Senate approved the bill into law of decree-law of 12 July 2011, No 107 on the extension of the interventions of development cooperation and in support of peace processes and stabilization introducing, among other things, specifically Article 5, which we publish below, urgent measures to combat maritime piracy. . 
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
