Partner Rome
"Aircraft can be registered with the RAN provided certain nationality requirements are met."
1. Which authority regulates aviation in Italy?
ENAC – Ente Nazionale per l’Aviazione Civile is the Italian civil aviation authority. It is the sole authority for technical regulation, certification, supervision and control within the civil aviation sector. It operates under the Italian Navigation Code (“INC”) and reports to the Ministry for Infrastructure and Transport.
2. What is the Italian Aircraft Register?
The Italian Aircraft Register, officially known as the Registro Aeronautico Nazionale (“RAN”), is a public register held by ENAC.
It serves as the official registry for (amongst others) aircraft registration, ownership transfers, mortgages, declarations of operational control, attachments and seizures, ensuring legal transparency in aircraft transactions.
Admission of aircraft to navigation is subject to registration through entry in the RAN, with a few exceptions.
3. Are there restrictions on who can register an aircraft in Italy?
Yes. Registration is subject to nationality requirements pursuant to Articles 750 and 756 of the Italian Navigation Code. Such requirements ensure a connection with an Italian or EU territory.
Aircraft can be registered with the RAN provided certain nationality requirements are met. To satisfy these requirements an aircraft must be wholly or mainly the property of:
- states, regions, provinces and municipalities and any other Italian or EU states’ public or private entity;
- Italian citizens;
- citizens of other EU member states; or
- companies incorporated or based in Italy or in another EU country, provided at least the majority of their share capital (at least 51%) is owned by Italian or EU citizens, or by companies incorporated or based in Italy or another EU Member State (same shareholding requirements apply), whose president and the majority of its directors, (including the CEO and managing director) are Italian or EU citizens.
An exception applies in cases where the aircraft’s carrier meets the nationality requirements, when the owner is a non-EU citizen or entity.
Key contacts
"The owner of the aircraft is responsible for its registration with ENAC."
4. Who is responsible for registering an aircraft?
The owner of the aircraft is responsible for its registration with ENAC. If the owner does not meet the nationality requirements but the aircraft’s carrier does, then it is the carrier that is responsible. In practice, legal counsels often handle the filing process on behalf of the responsible party to ensure compliance with regulatory requirements.
5. How is aircraft deregistration handled?
Aircraft must be deregistered when:
- the aircraft is lost or presumed lost;
- the aircraft is scrapped or demolished;
- the owner’s nationality requirements are no longer met;
- the aircraft is registered with another state’s registry;
- the aircraft is redelivered to a non-European owner (when registration is carried out by a European carrier); and
- upon the owner’s request in order to register the aircraft with another State’s registry (e.g. in cases of aircraft sale and purchase).
Depending on the reason for deregistration, some can be subject to a final judgement rejecting third-party claims, creditors and/or mortgagees’ consent or satisfaction, or the issue of a bank guarantee.
6. Can an aircraft mortgage be registered?
Yes. Pursuant to Article 1030 INC, aircraft mortgages must be executed before a notary and registered with the RAN to be enforceable. Once registered, mortgages are annotated on the aircraft’s certificate of registration.
7. Is a mortgage registered abroad recognised in Italy?
No. According to Article 6 INC, securities are governed by the law of the aircraft registry. Therefore, mortgages registered abroad are not recognised in Italy.
8. Do certain rights have priority over those of the mortgagee?
Yes, certain rights do have priority over those of the mortgagee. Whilst a registered mortgage generally takes precedence over liens under the Italian Civil Code, it does not have priority over specific liens listed in Article 1023 INC. These include, (among others) judicial expenses, airport charges, crew salaries, social welfare contributions, salvage indemnities and damages to third parties.
"Customs duties and VAT generally apply to private-use aircraft."
9. Is Italy a party to the Cape Town Convention?
No. Although Italy signed the Cape Town Convention and the Aircraft Protocol in 2001, it has not yet ratified them. Accordingly, the Cape Town Convention is not in force in Italy and its provisions do not apply under Italian law.
10. Is an IDERA recognised in Italy?
No. Since the Cape Town Convention has not been ratified, mechanisms such as Irrevocable De-Registration and Export Request Authorisations (“IDERA”), which are provided under the Convention, are not currently recognised or enforceable in Italy.
11. Can an aircraft lease be registered in Italy?
Yes. Pursuant to Article 939-bis, par. 3 INC, aircraft lease agreements (locazione) or financial lease agreements (locazione finanziaria) with a minimum duration of six months must be registered with the RAN and annotated on the aircraft’s certificate of registration.
12. Are there withholding taxes on lease payments?
Yes, lease payments may be subject to withholding taxes in Italy, unless a double taxation treaty provides otherwise. Typically, when an Italian lessee pays rent to a foreign lessor, those payments are liable to Italian withholding or income taxes. However, if a double tax treaty exists between Italy and the country of the lessor, it usually sets a maximum rate or may even eliminate the tax entirely.
13. Are there any customs or import duties?
Aircraft registered in a non-EU State and imported from outside the EU may be subject to customs duties and VAT, unless exemptions apply (e.g. temporary admission or inward processing). In particular, aircraft intended for commercial use, such as passenger or cargo transport, may benefit from zero-rated VAT regimes and custom duties exemptions when destined for airlines operating international routes. Customs duties and VAT generally apply to private-use aircraft.
14. Can title be transferred while the aircraft is abroad?
Yes, title to an aircraft registered with the RAN can be transferred irrespective of the aircraft’s location at the time of transfer. Sale and purchase agreements must be in the form of a notarial deed (atto pubblico) or notarised agreement (scrittura privata autenticata), and must be registered with the RAN. If the sale and purchase agreement is executed abroad, additional requirements apply, such as: a sworn translation of the agreement, its legalisation or apostille (if applicable).
"Wet leases of longer duration are subject to the current procedure in place for approval of wet lease agreements."
15. Are there any restrictions on wet leasing?
Yes. Wet leasing to ENAC-licensed operators is subject to certain conditions under Regulation (EC) No. 1008/2008, Regulation (EU) No. 965/2012 and ENAC Circular Letter EAL-07A (27 July 2010), with rules varying depending on the nationality of the lessor.
Italian lessors (ENAC-licensed): leases are considered automatically approved if:
- the lessee’s scope and finances remain unvaried (unless ENAC’s prior authorisation is obtained);
- operations and routes do not exceed either the lessor or lessee’s AOC; and
- ENAC is notified in advance.
Wet leases must involve aircraft registered with the RAN or with the registry of another EU Member State and are not subject to time limitations.
EU/EEA lessors: leases are allowed only to remedy to immediate, unforeseen and urgent needs (e.g. technical failures, emergencies or rerouting passengers), for up to five days (fourteen for helicopters), with prior ENAC’s approval required for extensions. Wet leases must involve aircraft registered with the register of another EU Member State/EEA State and are subject to the following conditions:
- the lessee’s scope and finances remain unvaried;
- the lessor’s licences are not subject to restrictions;
- the lessor must notify the lessee of any occurrence that may adversely affect its licenses;
- operations and routes do not exceed either the lessor or lessee’s AOC;
- FTL (flight time limitations) applicable to the lessor apply equally to the lessee;
- the lessor notifies ENAC in accordance with occurrence reporting duties; and
- ENAC is notified in advance.
Wet leases of longer duration are subject to the current procedure in place for approval of wet lease agreements.
Non-EU lessors: wet leases involving aircraft registered in a non-EU Member State are subject to prior ENAC authorisation, are permitted to remedy to immediate, unforeseen and urgent needs (similar to those listed above), and are subject to the following conditions:
- the lessor is not subject to operating ban or restrictions within the EU;
- the lessor is the holder of an AOC issued by a State party to the ICAO Convention, the aircraft is EASA type-certified or equivalent and an airworthiness certificate (or equivalent) is in place;
- the five and 14-day limits apply;
- the lessor must notify the lessee of any occurrence that may adversely affect its licenses;
- the lessee’s scope and finances remain unvaried;
- operations and routes do not exceed either the lessor or lessee’s AOC;
- FTL applicable to the lessor apply equally to the lessee;
- the lessor complies with applicable insurance requirements and provides ENAC with copy of the relevant insurance certificate;
- the lessor notifies ENAC in accordance with occurrence reporting duties;
- the lessee carries out a due diligence on the lessor (with the exception of FAA and Transport Canada certified carriers) to ensure the lessor satisfies operational, training, maintenance and continuing airworthiness standards set out by the applicable regulations; and
- prior notification of the start of each wet lease agreement is given to ENAC.
Wet leases of longer duration are subject to the conditions set out by Regulation (EU) No. 1008/2008. Operators must maintain internal procedures for lessor verification, retain documentation for at least 12 months and promptly inform ENAC of any incidents. In any case, ENAC may limit, suspend or revoke approval in case of non-compliance or safety concerns.
16. What are the rules on subleasing?
Subleases are permitted with lessor’s consent. Registration in the RAN follows the requirements applicable to registration of aircraft lease agreements.
"EU-ETS regulations apply through implementation into national law."
17. What happens in cases of lessee insolvency?
In cases of lessee insolvency, the insolvency officer will decide whether to continue or terminate the lease. If terminated, the lessor may file a claim as unsecured creditor. If continued, the lessee must fulfil all obligations from the insolvency date onward and related claims will have priority over pre-insolvency unsecured debts.
18. Can lessors repossess aircraft in Italy?
Yes, but judicial enforcement is typically required unless the lease itself includes self-help remedies, which are generally not allowed under Italian law.
The usual route is to initiate legal action seeking confirmation that the lease has been terminated and requesting an order for the aircraft’s re-delivery, along with any applicable damages. If there is clear documentary evidence of the lessee’s default, the lessor may pursue expedited ex parte proceedings (procedimento di ingiunzione). If the lessee does not oppose the redelivery order, repossession can proceed relatively quickly (generally within a couple of months). However, if the redelivery order is challenged, the case moves into ordinary litigation, which can significantly extend the timeline.
19. Are there any environmental or operational restrictions?
Yes, aircraft registered in Italy must be insured, but not necessarily by an Italian insurer. According to Article 798 INC and ENAC’s regulation, aircraft cannot operate without valid certificate of insurance. The insurance must meet the minimum requirements of Regulation (EC) No. 785/2004, and the insurer must be authorised to operate in Italy, whether domestic, EU-based or non-EU.
EU-ETS regulations apply through implementation into national law.
20. What due diligence should be done before leasing to an Italian operator?
Before leasing to an Italian aircraft operator, the following checks should be carried out to ensure both regulatory compliance and asset protection. First, the operator’s AOC and operating license should be verified to confirm their validity and scope. At the same time, the operator’s financial health and creditworthiness should be assessed to ensure reliability. It should also be determined whether the aircraft will be registered with the RAN or elsewhere, as well as the type of security that can be granted. Additionally, insurance and maintenance due diligence should be conducted to guarantee adequate protection of the aircraft. Finally, the operator, shareholders and key management should be screened against EU and UN sanctions lists to mitigate legal and reputational risks.
