Independent journal on economy and transport policy
13:43 GMT+1
SEAFARERS
The law on simplifications, instead of facilitating, complicates the life of ship masters and burdens them with additional responsibilities, both operational and legal
USCLAC-UNCDiM-SMACD, the reform risks producing a distorting effect by introducing legal uncertainty and aggravating the position of the commander
Genova
February 6, 2026
USCLAC-UNCDiM-SMACD, the union of long-distance captains
Captains Chief Engineer and General Staff
qualified to command or direct the machine, highlighted
the extension of the responsibilities of the master of the ship
and the consequent risks introduced by Law No. 182 of last
2 December on "Provisions for the simplification and
digitalisation of business procedures
and services in favor of citizens and businesses"
which has been welcomed by the shipowners' associations
Italian Confitarma and Assarmatori
(
of 13
October and 27
November 2025).
Recalling that the new law has produced an intervention of
particular emphasis on the Navigation Code by modifying in a way
Articles 328, 331 and 172-bis and repealing Article
329 with the declared aim of overcoming an old plant
which was based on the public act of enlistment of the
personnel before the Maritime Authority (Harbour Masters of
Port), and to make definitive operational methods that were
only experienced during the Covid emergency, the
noted that as a consequence the
role of the Authority, which previously intervened in advance
while now it does so only at a later stage, for checks
especially documentary. USCLAC-UNCDiM-SMACD highlighted that
effects of this shift are particularly significant for
the ship's commander and that the core of the reform is the
amendment of Article 328 of the Navigation Code, with a
new wording that clearly distinguishes between the
enlistment of the commander, for which the form of the act remains
stipulated before the maritime authority or
consular services, and the enlistment contracts of crew members,
which must be stipulated in writing by the master or
by the shipowner (or by one of their attorneys), under penalty of nullity,
in the presence of two witnesses.
The union noted that, in this way, the
commander has a central role in the establishment of the relationship of
maritime work, which is not limited to the signing of the
contract, but also includes its storage among the documents
and, in the cases envisaged, to the annotation on the Role of
crew or on the license. USCLAC-UNCDiM-SMACD stressed that
This broad delegation of powers to the commander, however, entails
various problems on the application level. In the opinion of the Union
trade union, in fact, the legislator has not precisely defined
the minimum content of the seafarers' employment contract, and
nor has it prepared uniform contractual models, with the article
328 which only provides that the contract must be in writing, under penalty of
nullity, leaving the commander the responsibility of
identify and insert all the essential clauses because
complies with the Navigation Code,
sector collective and labour and social security regulations,
both national and international (MLC2006).
"The risk for the commander - denounced the union
in a note drawn up in collaboration with the Law Firm
by the lawyer Walter Lo Bocchiaro - it is evident: without a
national coordination, it is easy for formal errors,
omissions or unclear wording of the contract may cause
nullity or generate litigation, with inevitable
direct consequences on his personal and professional position. I
problems increase if we consider that, with the old system,
the intervention of the Maritime Authority in the stipulation of the
contract acted as a "preventive guarantee", verifying
the formal and substantive regularity of the
enlistment. With this reform, as noted at the beginning, this
function, on the other hand, disappears because the control of the Authority
takes place only at a later stage, that of registration and
documentary verification. In practice - he observed
USCLAC-UNCDiM-SMACD – this noticeable change will cause
significant differences in application between the various Harbour Masters of
Porto, with requests for additions or clarifications not always
uniforms".
The union also noted that "a further
criticality concerns the expansion of responsibilities
substantial of the commander, which derive not only from Article 328,
but also by the overall structure of the Navigation Code. The
in fact, the commander is required to verify the possession of the
professional requirements of the seafarer, the validity of the
compulsory certifications, health suitability and
coherence between the tasks assigned and his qualifications,
practice of "filter" between seafarers and Authorities, but
with direct legal relevance. This function is located in
a context in which Article 331, amended by the reform,
allows the use of digital tools for formalization
the enlistment of the commander himself (and the crew),
introducing a method of finalizing the contract in
electronic format. Even this innovation, which is also
consistent with the goal of digitization - underlines the note
- reinforces the idea of a system in which responsibility
is increasingly focused (or offloaded?) on
subjects operating "in the field", without adequate
regulatory and organizational support apparatus".
"The reform of Article 172-bis of the Tax Code
Finally, - continues the note - Navigazione expands the scope of
application of the exemption from embarkation and disembarkation notation, and
strengthens the use of digital communications, by giving
to the Maritime Authority which issued the authorization a
central role in the coordination of information. Even in this
case, however, the effectiveness of simplification depends on the
System ability to ensure uniformity
in the application and platforms that are truly operational. Even the
management of information flows in fact falls on the organization
and therefore, once again, on the captain, who must
ensure proper record keeping and timely
communication of the requested data".
"In summary," concluded USCLAC-UNCDiM-SMACD, "the whole
amendments to Articles 328, 331 and 172-bis cause a
profound change in the role of the commander. Historically, the role is
of a "hybrid" type: the commander operates in a
formally private sector but produces public effects
affecting official registers, contribution obligations,
insurance and disciplinary regulations. This "singularity"
of his role, however, now sees the burden of
operational and legal responsibilities without a corresponding
Preventive guarantees system: this is because the changes
were not accompanied by a clear demarcation
of its responsibilities nor by a
formal recognition of his new function
legal-administrative. The commander could therefore be
called to answer for problems arising not from his
negligence, but by a regulatory framework that is currently
incomplete and in the process of settling. Coordination is therefore urgently needed
effective national legislation, which gives concrete implementation to the reform of the
Articles 328, 331 and 172-bis of the Navigation Code with models
uniform contractual frameworks, shared interpretative criteria and guidelines
clear guidance on the role and responsibilities of the commander. Without
These tools The reform risks having an effect
distorting, transforming "simplification" into
legal uncertainty and aggravating the position of the commander, with
significant consequences on the balance of the labour system
maritime and on the function of the command".
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