MIT Decree No. 30/2025 and the new rules for training recreational boat brokers

Contribution by Attorney Giacomo Falsetta*

*LCA Law Firm

With the issuance of MIT Decree No. 30 of February 27, 2025, the legislator redefined the criteria for recognizing training institutions that organize preparatory courses for the recreational boat broker qualification exam, repealing Decree No. 150 of June 4, 2024.

As a first new element, Decree no. 30/2025 has expressly introduced the possibility for institutions to avail themselves of distance teaching methods (Article 1, paragraph 2), thus ensuring greater accessibility to training. In fact, MIT decree no. 150/2024 already provided, in Article 3, paragraph 1, letter b), that the application submission contained “the indication that the course is held via webinar”, but the new forecast is certainly more incisive.

A second innovation with respect to the repealed Decree, introduced in art. 2, is represented by the attribution of the recognition by law which bodies are suitable for organizing the training course for pleasure boat mediators (i) Chambers of Commerce, Industry, Crafts and Agriculture, (ii) National Federation of Maritime Agents and Maritime Brokers (Federagenti) and (iii) Assonautica Italiana. These organizations therefore do not need to submit any application for recognition to the MIT.

Article 3 identifies the entities that “can get recognition” by submitting an application pursuant to the following Article 4. With regard to national recreational boating trade associations/federations and training bodies in general, recognition is subject to the satisfaction of the following requirements:

• for associations and federations: a) seniority of constitution of at least three years at the date of the request for recognition; b) number of members, affiliates or active members, according to the conditions established in the statute, not less than fifty active legal persons; c) legal availability of a headquarters in the territory of the Italian Republic; d) respect in the statute of the principles of democratic nature of the association's life and of equality of position among the members, affiliates or members; f) (rectius, e)) administrative structure characterized by at least three employees with permanent employment contracts, one of whom acts as data controller pursuant to European Regulation no. 679/2016 (GDPR) and Legislative Decree no. 196/2003.
• for training institutions: in addition to the requirements c) e f) provided for associations and federations, it is provided, with an element of novelty compared to Decree no. 150/2024, that they must be owned or financed by subjects "independent of natural persons or legal persons or associations connected to the maritime mediation and pleasure boat mediation sector".

However, the granting of recognition to universities, special-organisation higher education institutes and professional training centres recognised by the Regions is not subject to compliance with any specific requirement.

Institutions interested in obtaining recognition must submit an application to the MIT – General Directorate for the Sea, Maritime Transport and Inland Waterways, providing the information and attaching documents certifying that they meet the requirements. Furthermore, both the course director and a list of instructors for each subject, with their respective curricula, must be provided. To these requirements, which are essentially the same as those set forth in Decree No. 150/2024, Article 4 adds a further requirement: the interested institution must also submit the course regulations and organization, which must comply with the provisions of Article 10, paragraph 4, of the "Regulations concerning the registration procedures in the business register and in the REA of entities carrying out the activity of pleasure boat broker.(Ministry of Economic Development Decree of August 6, 2021). This law dictates how the exam must be organized, analytically indicating the topics that must be covered during the course/for the purposes of the test.

Finally, Decree no. 30/2025 introduces: more penetrating powers of control in favor of MIT compared to the recognition procedure established in the previous Decree, namely:

• The possibility for the institution to renew the recognition upon expiry (i.e., upon expiry of the five-year term) by submitting a simple self-certification attesting to the maintenance of the requirements is eliminated: the "renewal"will be, in fact, "subject to submission of a new application” (which could lead one to believe that, in reality, there is no possibility of renewal);
• it is expressly provided that the General Directorate for the Sea, Maritime Transport and Inland Waterways exercises “administrative supervision of training institutions" that have obtained recognition.

The new Decree no. 30/2025 therefore introduces significant innovations, which were introduced with a view to placing greater emphasis on the quality of training and the professionalism of the institutions that provide it, imposing, in line with the intended purpose, more stringent organizational stability requirements and granting the Ministry more pervasive control powers.

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