Adnkronos Rome, November 11 (Adnkronos) – The Ministry of Infrastructure and Transport and the Ministry of Tourism today issued a joint circular establishing the coordination guidelines between the institution of tourist packages and related tourist services, established by Legislative Decree no. 79 of May 23, 2011, and the commercial use of pleasure craft governed by Legislative Decree no.
18 July 2005 no. 171, signed by the Director General for the Sea and Maritime Transport, Patrizia Scarchilli, and the Director General for Control and Regulation, Training and Tourism Policies, Francesco Felici.
The circular offers a comparative reading of Legislative Decree No. 79 of May 23, 2011, which establishes the state regulations on the tourism market, and Legislative Decree No. 171 of July 18, 2005, which establishes the Recreational Boating Code. The circular clarifies that tourism operators, where they do not directly manage one or more recreational vessels intended for rental or leasing, connect the vessel's owner and its customer, acting as mere intermediaries between the two parties; they do not assume the operation of the vessel and the related responsibilities.
The entire transaction, particularly the activity related to the commercial use of the pleasure craft, therefore falls within the scope of the tourism sector regulations established by Legislative Decree no. 79 of 2011, Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015, and the general rules on mediation established by Articles 1754 et seq. of the Italian Civil Code, which therefore apply fully in this case. Consequently, this activity falls outside the scope of Legislative Decree no. 171 of 2005. The circular recognizes the situation where the client who enters into a rental agreement (boat without crew) in turn avails himself, through one or more professional collaboration agreements, of a third party with a professional qualification who provides support and collaboration to the lessee in the operation of the vessel, assuming an obligation of means and not of result, while retaining the lessee the consequent responsibilities associated with the operation of the vessel.
"I thank the Deputy Minister of Infrastructure and Transport, Edoardo Rixi, the Minister of Tourism, Daniela Garnero Santanchè, and their respective bodies, starting with Directors Scarchilli and Felici, for having placed another piece in the broader plan to simplify and clarify regulations and procedures, aimed at making the Italian flag more competitive," commented Piero Formenti, president of Confindustria Nautica.
"Today, I had a very productive meeting with the new General Commander of the Port Authorities, Sergio Liardo, with whom we designed a virtuous and shared path to support the sector, including strengthening the Corps' resources to serve the needs of its users. Among the first measures that will be implemented is the immediate establishment of examination sessions for simplified professional qualifications in pleasure boating," concludes Formenti.