With the publication in the Italian Official Gazette of Legislative Decree No. 141 of 2024 from October 4th, 2024, the new “Complementary Provisions to the Customs Code of the European Union” have been approved and the previous Italian Customs Code (that remained in force for more than 52 years Presidential Decree No. 43 of 1973, the so-called TULD) has been definitively repealed.

Today in Italy, the provisions contained in the Customs Code of the Union (EU Reg. 952/2013) and its implementing regulations, constitute the primary source of customs regulations, while the new provisions contained in Legislative Decree No. 141 of 2024 have only a complementary function, being called upon only to regulate certain aspects not explicitly regulated by the Union rules. 

 The new Decree no.141, do not contain many of the references related to the yachting industry which were contained in the old Italian Customs code (TULD) and that, in many cases were obsolete and already superseded by the more recent Customs circulars that had been introduced over time. For this reason, the main legal institutions usually applied in the yachting industry should not be significantly changed.

This is the case, for example, with the discipline on the “temporary admission”[1] of yachts, which remains unchanged, since even before the repeal of the old law it was already governed only by Union provisions (as confirmed by the text of ADM Circular No. 20 of 27.05.2022).

However, in the coming months, yachting industry will must pay attention whether the Italian Customs will confirm the interpretations that have been provided to yachting operators over time on relevant issues by Customs Circulars.

For example, concerning the formalities required for the export of a Yacht, we hope for an official confirmation that the simplification provided in 2016 by the Administration in Circular No. 14/D of 2016, which allows the procedure for the export of a Vessel to be closed by only reaching international waters, may continue to apply.

Our offices are at your complete disposal to further discuss issues on the news of the customs reform, also with reference to specific cases.

Kind regards,

Dr. Ezio Vannucci

Dr. Andrea Barabino

[1] The process that allows a non-EU yacht in private use (under specific conditions) to enter the Union territory and thus also Italian Ports with total exemption from import duties and taxes.