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of Friend (Confitarma): the resource to the private armed teams on board of our ships is "in fact impossible"
the shipowning confederation asks the immediate opening for a job table
April 4, 2013
The Shipping president of the Italian Confederation (Confitarma), Paolo d' Amico, has launch an alarm for the effective impossibility by the shipowners to recruit contractor in order to defend own ships from the assaults of the pirates.
On the "Gazette" on 29 March it is included I interministerial decree - that we publish below - that on board regulated the employment of security guards of the mercantile ships clappers Italian flag that journey in international waters to risk piracy. Such Confitarma purpose it has asked the minister for the Inside the immediate opening for a table for job composed from the representatives of Confitarma, Ministry of the Interior and other competent ministries (Defended, Foreign countries and Transports) let alone from the representatives of the Institutes of Vigilance: "scope of the table - it has explained of Friend - is that to verify with urgency the operativity of decrees and to coordinate the best procedures for its effective which took effect".
Confitarma has asked moreover the Prime Minister and the minister for the Economy and Finances the delay on December 31, 2013 for the date, than at the moment the Law of fixed Stability 2013 on June 30, 2013, which maturity date in order to employ security guards who have not still attended the course theorist-meadows, on condition that at least six months have participated to us for a period, which pertaining to the Armed Forces, to the international missions in operating assignments and that such condition is attested by the Defense Ministry.
"He is obvious - it has found the president of Confitarma - than, date the absolute lack of such training courses, in absence of a delay, I decree n.266/2012, published last week, that it already needs of ulterior participations of administrative character for being been profitable operating, the up to now carried out job could not find some application in fact cancelling so and returning the resource to the private armed teams on board of our ships impossible".
MINISTRY OF THE INTERIOR
I DECREE 28 Decembers 2012, n. 266.
Bringing regulations the employment of security guards on board of the mercantile ships clappers Italian flag, that they journey in international waters to risk piracy.
THE MINISTER OF THE INSIDE
TOGETHER WITH
THE MINISTER OF THE DEFENSE
AND WITH
THE MINISTER OF INFRASTRUCTURES AND THE TRANSPORTS
Seen article 87, codicil 5, of the Constitution;
Seen the Consolidated act of the laws of public safety of which to the Regal one I decree 18 june 1931, n. 773, and next modifications and integrations, and the relative regulations of 6 execution of which to the Regal one I decree May 1940, n. 635, and next modifications and integrations;
Seen the navigation code of which to the Regal one I decree 30 March 1942, n. 327, and next modifications and integrations;
Seen the law 18 April 1975, n. 110, bringing integrating norms of the enforced discipline for the control of the weapons, ammunitions and the explosives;
Seen I decree of the Minister of inside 15 september 2009, n. 154, bringing "Dispositions for the confidence of the security services subsidiary in the within of the ports, the train stations and relative means of transport and warehouses, of the stations of the metropolitan railroads and relative means of transport and warehouses, let alone in the within of the lines of city transport, for whose accomplishment is not demanded the exercise of public powers, adopted according to article 18, codicil 2, of the 27 decree-law July 2005, n. 144, converted, with modifications, from the law 31 July 2005, n. 155";
Seen I decree of the Minister of the inside 1º December 2010, n. 269, bringing "Discipline of the minimal characteristics of the organizational project and requirement minimums of quality of the institutes and the services of which to article 256 - second and 257 - second of Regolamento of execution of the Consolidated act of the laws of public safety, let alone of professional requirement and demanded technical capabilities for the direction of the same institutes and for the development of organizational assignments in the within of the same institutes";
Seen article 5, codicils 4, 5, 5 - second and 5 - ter, of the 12 decree-law July 2011, n. 107, converted, with modifications, from the law 2 August 2011, n. 130, and next modifications, bringing "Delay of the participations of cooperation to the development and in support of the stabilization and peace processes, let alone of the international missions of the Armed Forces and police for the performance of Resolutions 1970 (2011) and 1973 (2011) adopted by the UN Security Council. Urgent measures antipirateria", concerning the employment of security guards on board of mercantile ships clappers Italian flag that navigate in international waters to risk piracy, characterized with decree of the Minister of the defense;
Seen I decree of the Minister of the defense, of which to article 5, codicil 1, of the decree-law 12 July 2011, n. 107, converted, with modifications, from the law 2 August 2011, n. 130, bringing location of international the marine spaces to risk of piracy in the within of which it can be previewed the boarding of the military Nuclei of protection (NMP);
Considered the necessity to guarantee adequate services of protection of the mercantile ships clappers national flag by the security guards, in the hypothesis of which to article 5, codicil 4, of the same decree-law n. 107 of 2011;
Considered of giving performance to the dispositions of which to article 5, codicil 5 - ter, of the cited decree-law 12 July 2011, n. 107, that it sends back to I decree of the Minister of the inside the determination of the implementing modalities of codicils 5 and 5 - second of same article 5;
Felt the Ministry of Foreign Affairs;
Hearing the opinion of the Council of State n. 7293/2012, expressed from the advisory Section for the normative actions, in the assembly on September 27, 2012;
Seen article 17, codicil 3, of the law 23 August 1988, n. 400, bringing "Discipline of the activity of Government and ordering of the Prime Minister's Office";
Seen the note n. 11317 on December 6, 2012 with which the regulations outline is communicated to the Prime Minister of the Ministers;
IT ADOPTS
the following regulations
Art. 1.
Purpose and within of application
1. Regulations anticipate determine the implementing modalities of article 5, 5 and 5 codicils - second, of the 12 decree-law July 2011, n.107, converted, with modifications, from the 2 law August 2011, n. 130 and next modifications, concerning the employment of security guards on board of the mercantile ships clappers Italian flag, that they journey in international waters to risk piracy. Also the modalities for the purchase, the boarding, the disembarkation, the port are determined, the transport and I use it of the weapons and the relative supply, let alone the relationships between the security guards and the commander of the ship.
Art. 2.
Definitions
1. To the aims of regulations anticipate, agree for:
a) decree-law: the decree-law 12 July 2011, n. 107, converted, with modifications, from the law 2 August 2011, n. 130, and next modifications, bringing "Delay of the participations of cooperation to the development and in support of the stabilization and peace processes, let alone of the international missions of the Armed Forces and police for the performance of Resolutions 1970 (2011) and 1973 (2011) adopted by the UN Security Council. Urgent measures antipirateria";
b) T.U.L.P.S.: the Consolidated act of the laws of public safety of which to the regal one I decree 18 june 1931, n. 773, and next modifications;
c) I decree Minister of the defense: I decree of which to article 5, codicil 1, of the decree-law, bringing location of international the marine spaces to piracy risk, in the within of which it can be previewed the boarding of the military Nuclei of protection (NMP);
d) security guards: the staff, authorized according to article 133, 134 and 138 of the T.U.L.P.S., that he carries out the protection services of which to codicil 4 of the decree-law;
e) ships: mercantile ships clappers Italian flag that journey in international waters characterized by I decree Minister of the defense of which to article 5, codicil 1, of the decree-law;
f) protection services: services to protection of the mercantile ships, let alone of the goods and the transported values on the same ones, carried out clappers Italian flag from security guards, according to article 5, codicil 5, of the decree-law.
Art. 3.
Services of protection of the mercantile ship
1. In the cases in which the Defense Ministry it has announced to the shipowner that is not previewed the employment of the military Nuclei of protection, can be carried out from security guards, dependent directly from the shipowners, according to article 133 of the T.U.L.P.S., that is employee from authorized institutes of private vigilance according to article 134 of the T.U.L.P.S., the services of protection of the goods and the values on the mercantile ships of which to article 5, codicil 1, of the decree-law.
2. According to article 5, codicil 5, of the decree-law, the security guards, to the aims of the development of the protection services, must be in possession of following requirement, in addition to those previewed from article 138 T.U.L.P.S.:
a) to have, rather, lend service in the Armed Forces, also as volunteers, with exclusion of the lever soldiers;
b) to have old the course theorist-meadows us of which to article 6 of I decree of the Minister of inside 15 september 2009, n. 154, adopted in performance of article 18 of the decree-law 27 July 2005, n. 144, converted, with modifications, from the law 31 July 2005, n.155;
c) to have old a course of specific training, with burdens at the expense of the addressees, coordinated from the Ministry of the Interior, making use of the collaboration of the Ministry and Defense Ministry of infrastructures and the transports. The Defense Ministry will cure, in particular, the training in the safety procedures on board ship, let alone the formation and the training in the procedures of communication necessary in order to operate in the specific context, releasing attested of overcoming of the course;
d) to be in possession of port of long weapon for personal defense.
Art. 4.
Characteristics of the ships for the development of the protection services
1. The protection services can be carried out exclusively on board of managed mercantile ships for the defense from actions of piracy with the characteristics previewed from article 5, codicil 5, of the decree-law.
2. Besides previewed how much from codicil 1, the mercantile ships must be managed for the guard of weapons for the development of the protection services and to be endowed of appropriate closets for the guard of the weapons with the characteristics indicated to article 6, codicil 3, of anticipates I decree.
Art. 5.
Conditions and modality for the development of the services
1. With regulations of service, managed according to attached D of I decree of the Minister of the inside 1º December 2010, n. 269, for how much applicable one, approved of from the Quaestor of the province where the institute of private vigilance has center that is, in case features of security guards employee directly from the shipowners, of the province of registration of the ship, are established the modalities for the development of the protection services, second previewed how much from anticipates decrees.
2. The service regulations will have to take into consideration following the prescription:
a) the number of the employed security guards on board of the ships must be always adequate in connection with the defense requirements and rapportato to the type of ship, the goods and the transported values and the number and the type of the activated systems of self-protection on board, according to article 5, codicil 5, of the decree-law and however, considered also of the limits of I use of the weapons of which to the next one lett. d), not inferior to four. The number must also be suitable to guarantee the respect of the enforced norm in topic of rest, working hours, overtime;
b) for every nucleus of security guards employed on board ship it must be named a responsible, characterized between the guards with greater experience, which the operating organization of the same nucleus is entrusted, in the respect than previewed from the regulations of service and second the directives of the Commander of the ship to which the same one must be always rapportare;
c) to contain explicit dismissal to I decree managing of Commander Generale of the Body of the Harbour offices - Guard Costiera, relatively to the discipline of the technical-administrative procedures in matter of safety of navigation (safety) and marine safety (maritime securities), in relation to the measures antipirateria;
d) to limit the use of the weapons to the single hypothesis of the exercise of the right of legitimate defense, according to article 52 of the penal code;
e) if the security guards directly embark in the ports of the States adjacent with the areas to risk piracy, the vigilance institute, in the hypothesis of which to article 134 T.U.L.P.S., that is the shipowner, in the hypothesis of which to article 133 of the same Consolidated act, she communicates the Quaestor, that she approves of the service regulations, the name and address of the security guards that they must carry out the service, the ship on which will operate, the duration of the service, the ports of boarding and disembarkation of the guards.
Art. 6.
Armament
1. The authorization of which to article 5 - second of the decretolegge, relative to the purchase, the transport, the detainment and the cession in loan of the weapons, to the boarding and the disembarkation of the same weapons on board of the ships, is released to the shipowner or a its representative, in relation to the type of weapons, by the prefect, according to article 28 of the T.U.L.P.S., that is from the Quaestor, according to article 31 of the T.U.L.P.S., to the conditions of which to article 8 of the 18 law April 1975, n. 110, stop remaining the subsistence of requirement of which to article 9 of the same law.
2. The security guards, in the accomplishment of the services of protection and exclusively within the limits of international waters in the areas to risk of piracy characterized by decree Minister of the defense, can use the common weapons from shot, let alone those in equipment of the ships, stopped by authority received of which to codicil 1, yielded they in loan from the shipowner. If of I use of the regularly stopped weapons from the same security guards, the enforced norm in matter of detainment, port is applied, import and export of the common weapons from shot, of which to article 31, 38, 42 T.U.L.P.S and 58 Regolamento of execution of the T.U.L.P.S.
3. The weapons of which with codicil 1, allowed for the development of the protection services, are exclusively those portable individual ones, also to operation automatic rifle, of caliper pairs or 308 inferior to Win. (7,62 x 51 milimeter), boarded on the national territory that is in the ports of the States whose territorial waters are adjacent with the areas to risk piracy, characterized from I decree Minister of the defense, scariche and guarded in appropriate armored metallic closets, distinguished for the weapons and for ammunitions, I closed with safety lock type safe, whose key is in possession of the commander of the ship, placed in appropriate protected spaces. The weapons and the relative supply will have to be inserted in the Role crew, as expected from article 170, codicil 6 of the Navigation code, let alone the directory of the tools and other object of gears and armament of type previewed from the enforced norms for safety of navigation of the Nautical Newspaper - Book first - Inventory of edge, as expected from article 174 of the same Code.
4. The same weapons and the relative supply, stopped from the shipowner if guarded in the warehouses of which to next article 7, they must be transported and escorted until the boarding place, let alone from the place of disembarkation to the warehouses, from security guards, according to article 256 - second, codicil 2, letter b), of Regolamento of execution of the T.U.L.P.S., arrest warrants remaining it obligation of which to article 193, codicil 2, of the Navigation code. Of the transport it must be given warning to the Quaestor according to article 34 T.U.L.P.S., for the weapons of which to article 31 of the same Consolidated act, that is to the Prefect, for the weapons of which to article 28 of the T.U.L.P.S., that they have faculty to establish special conditions for the transport, let alone to the Marine Authorities in whose jurisdiction falls back the place of the boarding.
5. I use of the weapons of which to codicil 2, in the withins characterized from I decree Minister of the defense, is had, for the purposes of protection of the ship, from the Commander of the ship that will have to deliver to the key of the appropriate armored closets to the Ship Security Officer (SSO) in charge of edge safety, than in its turn provvederà to the delivery of the weapons to the security guards in service, advance annotation in the appropriate registry of which to codicil 3. The requirements of employment of the weapons stopped of which to codicil 1, and however to out of the withins characterized from I decree Minister of the defense, the same ones, except exceptional situations of danger estimated by the Commander of the ship, will go laid by in the closets armored with give back of the key the same Commander.
6. The number of the boarded weapons must be pairs, in the maximum, to the number of the security guards in service, more two than reserve. The relative supply does not have to exceed the amount of millecinquecento cartridges for weapon.
Art. 7.
Warehouse of the weapons in the national territory
1. The shipowner, to the aims than previewed from article 5 - second of the decree-law, in case stops weapons on the national territory must use a warehouse for the guard of the weapons of which to article 6, codicil 1, with the modalities previewed from anticipates article. According to article 8 and 32 of the T.U.L.P.S., the shipowner can name an own representative which to entrust the responsibility of the warehouse.
2. The warehouse in which they must be guarded the weapons of which to article 6, codicil 1, must have the following characteristics:
a) to be arranged in local insides to the building, located so as to allow the control of accesses, and must be provided with doors armored and of openings equally armored or equipped of rail-guards and metallic grates of safety; it must also arrange of adequate devices of alarm and surveillance camera;
b) the doors must be provided with windows with armored crystals or grate for the controls from outside; the system of artificial illumination must be permanently in function and being equipped with external switch and devices of emergency lighting system;
c) the equipments and the measures antifire, consistent to the prescription of the competent organs, are arranged inside and outside of the premises.
3. The weapons are conserved, lacking in ammunitions, in appropriate armored metallic closets, locked with safety lock type safe. The ammunitions are stopped with licence of the Prefect, according to article 47 of the T.U.L.P.S., than of it determines the guard modalities.
4. The keys of access to the premises of the warehouse and the metallic closets, in which the weapons and the ammunitions are guarded, are conserved, during the hours of opening of the offices, from in charge of the warehouse that answers some. Out of the business hours of the offices, said keys are guarded in a safe, in appropriate metallic container with safety closing, whose keys are guarded by in charge of the warehouse.
5. The warehouse is equipped of cargo registry of the weapons and ammunitions, with pages numbered. The movements of prelevamento or deposit of the weapons and ammunitions must be annotated on the registry. In charge of the warehouse, it guarantees the held corrected one of the registry.
6. The access in the premises in which the weapons are guarded is allowed with the shipowner and in charge of the warehouse and, for the closely necessary time and under the directed vigilance of in charge of the warehouse, with the security guards assigned to the services of which to article 2, codicil 1.
7. The weapons must be delivered and poured scariche. In the premises of the warehouse and the before premises they must be posted, very visible, the safety prescription. It must, however, to be present a container for the drainage you arm, to the aim of being able to carry out the verification of safety.
8. The authority of public safety, according to article 38 of the T.U.L.P.S., has faculty to execute, when it considers it necessary, verifications of control and to adopt the prescription considered opportune to the aims of the protection of the order, safety and the public incolumità.
Art. 8.
Boarding and disembarkation of the weapons in the ports of the States adjacent with the areas to risk piracy
1. With the same authorization of which to article 6 of it anticipates I decree, the shipowner or a its representative it can be authorized to embark and to disembark to the weapons directly in the ports of the States adjacent with the areas to risk piracy characterized by I decree Minister of the defense, in the respect of the enforced legislation in the same States.
2. In order to obtain the authorization of which to codicil 1, the shipowner must produce request - according to the type of weapons that intends to use - to the Prefect or to the Quaestor of the province in which the armament society has center, using the forms purposely managed from the Ministry of the Interior - Department of public safety. The request must contain also the number and the type of the weapons, the relative numbers of freshman, the dates and the places of boarding and disembarkation of the weapons, let alone the documentation, where previewed by the State, attesting the delivery of the weapons in the State where the same ones are disembarked.
Art. 9.
Relationships between the Commander of the ship and the security guards
1. The services of which to article 2, codicil 1, they are carried out under the direction of the Commander of the ship, in relation to previewed how much from the enforced directives in matter and, in particular, from article 8, 186, 187, 295, 297 and 302 of the Navigation code.
Art. 10.
Communication with the foreign and national authorities
1. The Commander that is the shipowner of the ship is held to the obtaining of the permissions and the authorizations and to every other implementation, included those relative ones to the weapons to embark and to disembark on board of the ship, demanded from the States in which the guards embark themselves and/or disembark, let alone those in whose internal waters the ship programs to pass, so that the transit and the eventual pause are consistent to the local legislation.
2. The Commander that is the shipowner of the ship however is held to the shipment with consistent advance payment to the competent authorities of the States in whose internal waters the ship programs to pass of a communication in which they are indicated:
quantitative and the type of the boarded weapons according to anticipates decrees;
the route previewed in internal waters of the State.
3. Copy of the communications correspondents will go guarded, near the center of the shipowner, with the modalities previewed for the estate and conservation of the Books of edge.
4. The Commander that is the shipowner of the ship also is held to communicate to the Command in head of the naval team of Marina Militare (CINCNAV), to the General Command of the Body of the Harbour offices, to the Ministry of Foreign Affairs - Unit for the authorizations of the materials of armament (UAMA), let alone to the authority diplomatic-to console territorial competent, with consistent advance payment, the movements previewed in the characterized marine spaces from I decree to Minister of the defense, comprised guiding of transit and the ports of pause, let alone the number of weapons, with the relative descriptions, and of boarded security guards, they nationality and every other useful element, to the aim to allow a full acquaintance of the national traffic in the area.
Art. 11.
Final dispositions
1. From the performance of regulations anticipate do not have to derive new or put up burdens for the public finance.
It anticipates I decree, provided with the seal of State, will be inserted in the official Collection of the normative actions of the Italian Republic. It is made obligation anyone is up to observe it and to make to observe it.
Rome, 28 Decembers 2012
The Minister of the inside
CHANCELLORS
The Minister of the defense
DI PAOLA
The Minister of infrastructures and the transports
PASSERA
Visa, the Guardasigilli: SEVERINO
Recorded to the State Audit Court on January 29, 2013
Inside, registry n. 1, sheet n. 157
NOTES
WARNING:
The text of notes published here is written up by the competent administration for matter, according to the art.10, codicil 3, of the consolidated act of the dispositions on the promulgazione of the laws, on the emanation of decrees of the President of the Republic and on the official banns of the Italian Republic, approved of with D.P.R. 28 Decembers 1985, n.1092, to the solo fine to facilitate the reading of the law dispositions to which the dismissal is operated. The value and the effectiveness of the legislative actions transcribed here remain unchanged.
Notes to the premises:
- The Regal one I decree 18 june 1931, n. 773 (Approval of the consolidated act of the laws of public safety) is published in Gazette 26 june 1931, n. 146.
- Report the text of article 256 - second and 257 - second of the Regal one I decree 6 May 1940, n. 635 (Approval of the regulations for the execution of consolidated act 18 june 1931, n. 773 of the laws of public safety):
“Art. 256 - second. - 1. Article 133 and 134 of the law all are disciplined by the activities of vigilance and guard of movable property or pieces of real estate for the legitimate self-defence of the patrimonial rights to inherent they, than they do not imply the exercise of public functions or the development of activity that regulations or law dispositions reserve to the police organs.
2. They re-enter, in particular, in the security services complementary, to carry out to means of particular guards jury, unless the law has various or the police supplies you, the concerning activities of vigilance:
a) safety in the airports, the ports, the train stations, the stations of the metropolitan railroads and in the other places opened publics or to the public specifically indicated from the special norms, to integration of that insured person from the police;
b) the guard, the transport and the escort of weapons, explosives and of every other dangerous material, in the cases previewed from the dispositions in vigor or the prescription of the authority, firm remaining the enforced dispositions in order to guarantee safety of the guard, the transport and the escort;
c) the guard, the transport and the escort of the cash or other assets or titles of value; let alone the vigilance in the places in which there is handling of important sums or other titles or assets of important value, pertaining to third party;
d) the mobile armed vigilance and the participations on the alarms, blank the attributions of the officials and agents of public safety;
e) the vigilance near infrastructures of the energetic field or the telecommunications, of the produced ones to high technology, those to risk of environmental impact, and every other infrastructure that can constitute, also in potential way, an sensitive objective to the aims of safety or the public incolumità or the environmental protection.
3. The vigilance near courts and other buildings also re-enters in the security services complementary military publics, installations, commercial office districts, manufacturers or and other similar infrastructures, when special requirements of safety imposes that the same services are carried out by particular guards jury.”.
“Art. 257 - second - 1. The licence prescribed from article 134 of the law for the activities of investigation, searches and collection of information on behalf of private, comprised those relative ones to the deficits of goods and the differences there inventories them in the commercial field, is demanded the holder of the institute of investigations and searches also for which, in the within of the same institute, they carry out professionally the activity of investigation and search.
2. The relative question contains:
a) the indication of the subjects for which the licence is demanded and of the other subjects of which to article 257, codicil 1, letter a), if existing;
b) the indication of the elements of which to article 257, codicil 1, letter b);
c) the other indications of which to article 257, codicil 1, letters c) and d).
3. They are applied, as compatible, the other dispositions of article 257. To such fine, I decree previewed from codicil 4 of same article 257 previews, felt the formative Regions, requirement minimums to legal and professional address and the periods minimums of practical training being necessary for the release of the licence.
4. Nothing is innovated relatively to the authorization previewed from article 222 of the dispositions of performance, coordination and transitory of the criminal procedure for the development of the activities indicated in article 327 - second of the same code.”.
- The Regal one I decree 30 March 1942, n. 327 (Navigation code) is published in the Gazette 18 April 1942, n. 93, Ediz. Spec.
- The law 18 April 1975, n. 110 (integrating Norms of the enforced discipline for the control of the weapons, ammunitions and the explosives), are published in the 21 Gazette April 1975, n. 105.
- I decree of the Minister of Inside 15 september 2009, n. 154, are published in the Gazette 5 November 20 09, n. 298, Ordinary Supplement
- Report the text of art. the 18, codicil 2, of the decree-law 27 July 2005, n. 144, converted, with modifications, from the law 31 July 2005, n. 155 (urgent Measures for the contrast of international terrorism):
“2. The Minister of the inside, to the aims of which to codicil 1, it establishes with own I decree to the conditions and the modalities for the confidence of the foretold services, let alone requirement of the concessionary subjects, with particular reference to the training of the employed staff, to the means availability suitable of for staff same individual protection, to the documented and punctual respect of every disposition of law or regulations in matter, included the functional characteristics of the technical equipments of survey eventually used, so to assure the contemporary realization of the requirements of safety and those of the respect of the dignity of the person.”.
- I decree of the Minister of the inside 1° December 2010, n. 269, are published in the Gazette 14 February 2011, n. 36, Ordinary Supplement.
- Report the full text of art. the 5 of the decree-law 12 July 2011, n. 107, converted, with modifications, from the law 2 August 2011, n. 130 (Delay of the international missions of the Armed Forces and police and dispositions for the performance of Resolutions 1970 (2011) and 1973 (2011) adopted by the UN Security Council, let alone of the participations of cooperation to the development and in support of the stabilization and peace processes. Urgent measures antipirateria):
“Art. 5 (Ulterior measures of contrast to piracy) - 1. The Defense Ministry, in the within of the international activities of contrast to piracy to the aim to guarantee the freedom of navigation of national the commercial ship, can stipulate with the Italian private armatoria and with other endowed subjects of specific being able of representation of the cited category conventions for the protection of the ships clappers Italian flag in transit in international the marine spaces to characterized risk of piracy with I decree of the Minister of the defense, felt the Minister of the foreign policies and the Minister of infrastructures and the transports, taken into consideration the relationships Maritime periodicals of the International Organization (IMO), by means of the boarding, on request and with burdens at the expense of the shipowners, of military Nuclei of protection (NMP) of Marina, that it can make use also of staff of the other Armed Forces, and the relative armament previewed for the accomplishment of the service.
2. The military staff member the nuclei of which to the codicil 1 work in compliance with the directives and to the rules of I engage emanated from the Defense Ministry. Al commander of every nucleus, to which the exclusive responsibility of the activity of military contrast to piracy is under responsibility, and to the staff from it dependent is attributed the functions, respective, of official and judicial police officer with regard to the crimes of which to article 1135 and 1136 of the navigation code and to those to connected they according to article 12 of the criminal procedure. Personal same Al is corresponded, advance reassignment of the relative resources poured to the entrance of the budget of the State according to next codicil 3, the forfetario compensation of employment and the ndemnities previewed for the boarded soldiers on the units of Marina in international the marine spaces and apply the dispositions of which to article 5, codicil 1, of the decree-law 30 Decembers 2008, n. 209, converted, with modifications, from the law 24 February 2009, n. 12, and to article 4, codicils 1 - sexies and 1 - septies, of the 4 decree-law November 2009, n. 152, converted, with modifications, from the law 29 Decembers 2009, n. 197, agreeing replaced to the necessity of the military operations the necessity protect the ship of which to codicil 1.
3. The shipowners that make use for staff of the services of protection of which to codicil 1 they supply to the refreshment of the correspondents burdens, comprehensive of the expenses of which to codicil 2 and the expenses of operation, as defined in the conventions of which to codicil 1, by means of deposits to the entrance of the budget of the State, integrally reassigned, within sixty days, to the relevant chapters of the state of forecast of the expense of the Defense Ministry, in exception to the forecasts of article 2, codicils 615, 616 and 617, of the law 24 Decembers 2007, n. 244.
4. In the within of the international activities of contrast to piracy and of the participation of military staff to the operations of which to article 4, codicil 13, of anticipates decrees, also in relation to common action 2008/851/PESC of the Council, on November 10, 2008, and waiting for it ratifies of the Maritime lines it guides of the “Safety Committee” (MSC) of the United Nations within the “International Maritime Organization” (IMO), is allowed, in the cases in which the protection services are not previewed of which to codicil 1 and in the limits of which to codicils 5, 5 - second and 5 - ter, the employment of security guards, authorized according to article 133 and 134 of the consolidated act of the laws of public safety, of which to the regal one I decree 18 june 1931, n. 773, on board of the mercantile ships clappers Italian flag, that they journey in international waters characterized with I decree of which to codicil 1, to protection of the same ones. (52)
5. The employment of which to codicil 4 it is allowed exclusively on board of the ships managed for the defense from piracy actions, by means of the performance at least one of the enforced ricomprese types in “best managements practices” of self-protection of the ship defined by the IMO, let alone authorized to the detainment of the weapons according to codicil 5 - second, through the resource to security guards characterized rather among those that has lend service in the Armed Forces, also as volunteers, with exclusion of the lever soldiers, and that they have exceeded the course theorist-meadows us of which to article 6 of the regulations of which to I decree of the Minister of inside 15 september 2009, n. 154, adopted in performance of article 18 of the decree-law 27 July 2005, n. 144, converted, with modifications, from the law 31 July 2005, n. 155. Until on December 31, 2012 the foretold security guards can be employees also who have not still attended the course theorist-meadows, on condition that at least six months have participated to us for a period, which pertaining to the Armed Forces, to the international missions in operating assignments and that such condition is attested by the Defense Ministry.
5 - second. The staff of which to codicil 4, in the accomplishment of the service of which to codicil 5 and within the territorial limits of international waters to risk of piracy previewed there, he can use the common weapons from shot let alone the weapons in equipment of the ships, purposely managed for their guard, stopped by authority received released the shipowner, in relation to the type of the weapons, according to article 28 and 31 of the consolidated act of the laws of public safety 18 of which to the regal one I decree june 1931, n. 773. The foretold authorization is released also for the purchase, the transport and the cession in loan to the same staff of which to codicil 4. With the same authorizations they can be authorized also the boarding and the disembarkation of the weapons on board of the ships of which to codicil 5, in the ports of the States whose territorial waters are adjacent with the areas to risk piracy characterized with I decree of the Minister of the defense, of which to codicil 1. With the same authorizations they can be authorized also the boarding and the disembarkation of the weapons on board of the ships of which to codicil 5, in the ports of the States whose territorial waters are adjacent with the areas to risk of piracy characterized with I decree of the Minister of the defense, of which to codicil 1.
5 - ter. With I decree of the Minister of the inside, together with the Minister of the defense and with the Minister of infrastructures and the transports, to adopt within on March 31, 2012, the implementing modalities of 5 and 5 are determined codicils - second, comprised those relative ones to the boarding and the disembarkation of the weapons, the port and the transport of the same ones and the relative supply, to the amount of imprisoned weapons on board of the ship and to their type, let alone to the relationships between the staff of which to 4 codicil and commander of the ship during the accomplishment of i tasks of which to the same codicil.
6. The dispositions are applied of which to article 5, codicils from 2 to 6, of the decree-law n. 209 of 2008, converted, with modifications, from the law n. 12 of 2009, and next modifications, reported to the ships and the areas in which the services are carried out of which to codicils 1 and 4.
6 - second. To article 111, codicil 1, of the code of the military code, of which to I decree legislative 15 March 2010, n. 66, the letter a) is replaced by the following one:
The Shipping president of the Italian Confederation (Confitarma), Paolo d' Amico, has launch an alarm for the effective impossibility by the shipowners to recruit contractor in order to defend own ships from the assaults of the pirates.