Restrictions recently imposed on charter companies to navigate in the Marine Protected Area of Punta Campanella, the beautiful promontory that creeps between the gulfs of Naples and Salerno, are illegitimate.
So decided the Campania Regional Administrative Court in a ruling issued last December but published only in recent days (No. 1354/2025), upholding the appeal of some 40 charter and nautical services companies, supported by Confindustria Nautica, against the Campania Marine Protected Area Management Consortium and the Ministry of the Environment.
What had happened
The subject of the dispute is a recent amendment to the Marine Protected Area Organization Regulations that provides vexatious conditions for boats used for hire and lease within the reserve. Specifically, the need to apply for a permit (subject to a quota for both applicants and the units used), the introduction of financial charges (secretarial fees), and the requirement to install on board the active-type Automatic Identification System (AIS), the device that allows tracking of boats by enabling automatic exchange of information.
These are all innovations that are in fact restrictive and penalizing for the rental companies that decide to operate in the marine reserve and that the judges of the Tar found illegitimate, noting among other things the violation of the so-called Bolkestein Directive (which provides for, among other things, the simplification of administrative procedures), the violation of the principle of freedom to provide services, and also pointing out that under the current regulations of the marine protected area, recreational boating cannot be subject to any authorization.
Punta Campanella. Institutions’ commentary
“This is an important recognition of the rights of leasing and chartering companies,” said Confindustria Nautica, “which right in Campania represent a hub of absolute national and international importance. In fact, the Provinces of Naples and Salerno together represent the first national hub in terms of charter employees.”
Lucio Cacace, president of the Punta Campanella Marine Protected Area, in turn said instead: “We will follow the indications of the Tar, the new Regulations are already ready, and we will soon convene the rental and leasing companies for another discussion, because we believe it is appropriate to work in harmony with everyone.”
Syntony and confrontation, here, perhaps the key to reopening a constructive and virtuous dialogue between marine protected areas and recreation lies in these two words. Cutting down bureaucracy, equipping spaces at sea and enhancing tourism, all while respecting and protecting the environment.
Fabrizio Coccia
