EU FLAG AND REGISTRATION IN ITALY
To purchase a boat registered in an EU country you need:

the document certifying the cancellation of the registration in the maritime register of the relevant nationality (if required by the nation).
the application for registration in the RID (Italian Recreational Register) made at the Harbor Master’s Office or Maritime District Office of the place where you want to register the boat. To carry out this registration, the following documents are necessary: purchase invoice, authenticated purchase document, cancellation document from the previous register, possibly officially translated if in a foreign language.
If the vessel does not have the CE marking, it is possible to follow the same procedure by demonstrating that the vessel was in service within the EU by 16 June 1998 (tax documentation and extracts from previous registrations). In other cases, before registering with the RID, a certificate of safety and compliance with community legislation issued by RiNa or another authorized certification body is necessary.

NON-EU FLAG AND REGISTRATION IN ITALY
To purchase a vessel registered in a non-EU country, the procedure described for EU vessels applies with the addition of customs procedures regarding the importation and payment of taxes, possible VAT and duties. Many boats built outside the European Union carry the CE marking.

FOREIGN EU FLAG AND STOPPING IN ITALY Within the European Community, free circulation is provided for boats registered in the register of a community country (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg , Holland, Portugal, England, Iceland, Spain, Sweden, Norway). In order to maintain the flag of origin, an Italian citizen must reside in the country of the boat’s flag, while a company must be incorporated there.

NON-EU FOREIGN FLAG AND STOPPING IN ITALY
In the case of a vessel with a non-EU flag, the following documents are necessary to navigate within EU territory:

Arrival voucher issued by the port of first landing in Italy, which must be returned upon departure
Green card (insurance policy)

Staying in Italian territorial waters requires compliance with certain rules such as:

prohibition on the transfer/rental of the vessel
temporary import regime, which provides for the stay in the community territory for six months with the exception of units in storage which are subject to suspension of the temporary import regime provided that the place of storage is communicated to the local customs authority and that the seals at the rudder.

PURCHASE OF BOATS ABROAD

Starting from 17 June 1998, newly built units must bear the “CE” mark to be marketed within the European Union. The rule is valid both for units built in European Union countries and in third countries.
The purchase of intra-community goods is regulated by law 10.29.1993, n. 427, on the regulation of VAT in accordance with EEC directives. The legislation provides for different methods of paying the tax, depending on whether the units are new or used; in the first case, VAT must be paid to the importing country, in the second it must be paid to the exporting country. For sales between private citizens of the European Union, VAT is not required. For a unit sold by a non-EU entity to an Italian, the import is regularized by paying the 20% VAT and any other customs duties to customs.
For the registration in the registers of units coming from abroad (whether they belong to European Union countries or to third parties), the title of ownership can be constituted by the “Bill of sale”, equivalent to an authenticated private deed, which must be legalized by the Consular Authority (unless the status of reciprocity is foreseen; for European Union countries legalization was suppressed by law 1061990), translated into Italian and registered. The title must be accompanied by the declaration of cancellation from the foreign register, also translated into Italian by authorized interpreters, or by a declaration from the flag Government Authority certifying that for the unit being sold the State legislation does not require registration in the registers, as it could be for a vessel.
For those who intend to transfer their boat, registered in EU countries, to the national registers, the nautical code provides for simplifications: the title of ownership and the technical suitability documentation can be replaced by the certificate of cancellation from the register of origin, a provided that the complete details of the owner and the technical data of the unit are available.

CE MARKING
Since 17 June 1998, pleasure craft between 2.50 and 24 m. in order to be marketed in the EU they must bear the so-called CE marking, which attests to the requirements set out in the directive. The plate bearing the CE mark is affixed to the hull and also indicates the manufacturer’s code, the design category, the maximum recommended load capacity and the maximum number of people that can be transported. At the time of purchase it is important to check whether the boat has the plate and the relevant CE approval certificate valid in all countries.

BROKER: RIGHTS AND DUTIES
In Italy the figure of the broker is regulated through registration in the appropriate register of maritime brokers (see also http://www.isyba.it/). Professional obligations include that of providing the contractors with any information that may influence the value of the asset, vice versa, personal liability is envisaged for any damages resulting from the aforementioned omission. While in other countries the mark-up system is in force, in Italy the broker receives compensation for the service he carries out in terms of commission on the real value of the sale with a percentage that varies from 2 to 5%. Among the tasks of the broker there is also that of drawing up the deed of compromise of sale, which, once signed by the parties, in the event of refusal to sell without adequate reasons, still gives the mediator the right to commission for the services performed .

EUROPEAN WARRANTY DIRECTIVE
Community Directive 1999/44/EC constitutes the first minimum community legal guarantee, lasting two years, on consumer goods purchased within the European Union. The retailer is responsible towards the consumer for any lack of conformity that exists at the time of delivery, according to four solution methods: repair of the goods; replacement of the good; price reduction; termination of the sales contract. If the defect appears within the first six months of purchase, it is not necessary for the consumer to demonstrate the perfection of the product at the time of delivery. Another important rule to underline is the obligation of transparency for commercial guarantees offered on a voluntary basis by the manufacturer, which must legally bind those who offer them, establish that the consumer has legal rights under national legislation governing the sale of consumer goods , indicate in a clear and understandable way the subject of the guarantee and the elements necessary for its implementation, be available in writing or on another medium accessible to the consumer.

LEASING: THE TAKEOVER
To carry out the takeover, the consent of the leasing company that owns the vessel is required, through a letter requesting the transfer of lease. Once the solidity of the buyer has been ascertained through the necessary checks on the balance sheet, the company will give its consent or not. If so, the representative of the “true owner” must also be present at the deed of sale. It is convenient to purchase through leasing if the expiry date is far away (advantages deriving from the reduction of VAT) and early redemption which requires the payment of VAT in full is inadvisable. In cases of imminent expiry of the leasing or in which the residual is less than 50%, it is advantageous for the buyer to re-discuss the contract by extending the expiry terms.

CHANGE OF OWNERSHIP
The costs for the transfer of ownership are always borne by the buyer. The procedure to follow is as follows:

Compromise: it is a private agreement containing the price and payment terms signed by the seller and buyer and requires the payment of a deposit.
Deed of sale: since July 2006, the obligation to use a notary in sales deeds no longer applies. The deed of sale can be authenticated directly in the Municipality, subsequently registered with the Revenue Agency and brought to the Harbor Office where the boat is registered for transcription. VESSELS (overall length not exceeding 10 metres) do not require any particular writing: in fact, the “equal ownership” rule applies to them.
Transcription to the RID (Italian Recreational Registry): takes place at the boat’s registry office at the expense of the buyer who must, among others, present documents such as title of ownership, double transcription note, original navigation license etc.

ADVANTAGES OF RELYING ON AN APPRAISER
The figure of the “super partes” expert is usually registered in the register of experts and experts of the Chamber of Commerce or belongs to a professional category with a specific academic qualification which also allows him to carry out insurance assessments. It is useful to rely on an expert when the purchase amount is of a certain level and because the appraisal, which has insurance and legal value, acts as a relevant precaution in the event of a dispute after the purchase in the case of hidden defects. The costs of a survey vary depending on the size of the boat and include travel expenses.