NGO crackdown: fines and seizure of the ship

This year in Italy we had 101.922 landings, about double that of 2021. According to the 2022 report of the Caritas and Migrant Foundation, in the world there are 281 million people who abandon their lands (3,61 of the world population). The figure is growing compared to 2019, when there were 272 million migrants. The numbers of the Viminale updated to 27 December certify that this year the landings involved 101.922 people (mainly from Egypt, Tunisia and Bangladesh), compared to 64.326 in 2021. According to the Caritas and Migrantes report, foreigners regularly residing on 1st January 2022 they were 5.193.669, growing for the first time after the slowdown due to the pandemic. Of the total of 58.983.122 people residing in Italy, foreigners represent 8,8 percent.

In the face of the failed application of the rules deriving from the Dublin regulation, the Meloni government had to run for cover because the Italian accommodation capacity has long since exceeded its limit.

The government then approved the decree to limit the activity of NGOs who carry out rescues at sea. In the report of the provision it is specified that the provisions aim to reconcile the need to ensure the safety of people recovered at sea, in compliance with the relevant international and national law, with that of protecting public order and safety.

The humanitarian organizations will have to be managed by the coordination center and during the mission they will be able to carry out only one rescue, for other rescues they will have to ask for authorisation. NGO boats require a certificate for the technical-nautical suitability requirements for navigation safety. Failure to do so could result in fines of up to 50 euros and the seizure of the vessel.

Once the intervention has been carried out, the NGO ships will have to follow a code of behavior which contains four peremptory rules:

  1. Timely launch initiatives aimed at acquiring intentions to apply for international protection;
  2. Ask the competent Sar Authority, immediately after the event, to assign the port of unloading;
  3. Reach the indicated port of disembarkation without delay for the completion of the rescue operation;
  4. Provide the Italian authorities for search and rescue at sea or, in the case of assignment of the port of unloading, the public security authorities, with the detailed reconstruction of the phases of the rescue operation carried out.

Therefore, multiple transactions will not be permitted. In the presence of various emergencies, the operations subsequent to the first must be carried out in compliance with the notification obligations and must not compromise the obligation to reach the port of unloading without delay. In any case, the persons taken on board must be informed of the possibility of requesting international protection in the territory of the EU.

Violation of these measures causes a fine for the skipper, the shipowner and the owner of the ship from 10 to 50, up to the administrative detention of the vessel for two months. The appeal must be presented within sixty days to the prefect who will have twenty days to respond. In the event of recurrence of the violation with the use of the same vessel, the vessel will be confiscated with precautionary seizure. Fines and sanctions are also envisaged when the master of the ship or the owner fails to provide the information requested by the competent national authority for search and rescue at sea or does not comply with the indications of the same authority. In this case the administrative sanction of the payment of a sum from 2 thousand to 10 thousand euros is applied. In this case, administrative detention of the vessel used to commit the violation is envisaged for twenty days and in case of recurrence of the violation, the accessory administrative sanction of administrative detention is two months.

NGO crackdown: fines and seizure of the ship

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