The Italy submitted to the European Law court for the exemption VAT granted on the ships



The EU commission has announced today the decision to submit Italy to the European Law court for the exemption VAT granted on the ships. According to Brussels, in fact, the exemption previewed from the Italian legislation is not online with how much allowed from the European directive VAT based on which such exemption can be granted, to some conditions, the refueling and the provisioning of the ships used in open sea let alone for the cession, the transformation, the repair, the maintenance, the chartering and the lease of ships.

The EU commission has explained that the Italian legislation on one side goes beyond how much admitted, as grants to the exemption VAT to the commercial ships that do not navigate in open sea and to the destined ships to public bodies, and from the other excludes some services that they would have to be covered from the exemption, for example the cargo and the drainage of ships that navigate in open sea. In May 2009 the EU commission had sent to Italy a letter of constitution in blackberry and, since Italy had not successively aligned the treatment VAT of the ships to the European directive, in May the 2011 Commission had sent a motivated opinion.

"The rules on the exemptions VAT - it has emphasized the EU commission in a note - must be applied in correct and uniform way: if a Member States extends the application of the exemptions, as ago Italy in this case, creates a disparity between the Member States and consequently it determines distortions of the competition in the home market. Moreover, if the Member States extend the within of application of the exemptions beyond allowed how much from the legislation of the EU, the percentage of the VAT destined to the budget EU (takes part of the so-called "resources own") will not come collection as it would have".

The EU commission has asked also Italy the respect for the new safety regulations for the fleeting ships having adopted a national legislation that puts into effect the new dispositions and the European safety regulations for such ships. The demand is formulated through an opinion motivated in the within of the procedures of infraction of the EU. If within two months Italy will not notify to the Commission the adopted measures in order to guarantee the conformity to the right of the EU, also in this case the Commission will be able boldness the Law court of the European Union.

Last year the European Union has adopted a new directive on the dispositions and safety regulations for the fleeting ships employees in the international travels that are time mainly to supply an updated European normative context that it holds account of the most recent measures approved of in the Maritime within of the International Organization (IMO). Such measures include, between the launches which requisitioned technical, a prohibition on the containing materials asbestos, the obligation to install a system of emergency lighting system that allows with the passengers to abandon the ship in conditions of safety let alone that for supplying life jackets of adequate size for the people of sturdy constitution. Brussels has explained that Italy has not communicated to the Commission the measures adopted to the aims of the performance of the new directive on the dispositions and the safety regulations for the ships fleeting although a demand in such sense the graves addressed 29th june.