Crypto Law Profile

Italy MiCAR Implementing Decree (Legislative Decree No. 129/2024)

Italy’s Legislative Decree No. 129/2024 adapts national law to MiCAR, designating Consob and Banca d’Italia as competent authorities and setting transition, authorization, supervision, and sanctions rules.

Italy Effective Decree Sep 14, 2024

At a glance

Status In force since Sept. 14, 2024; the national VASP transition ended after June 30, 2026.
Authorities Consob and Banca d’Italia share national competent-authority roles under MiCAR.
CASP access Authorization and notification paths depend on activity type and existing regulated status.
Transition DL 95/2025 extended Article 45 deadlines for qualifying OAM-registered VASPs.

Overview

Italy’s Legislative Decree No. 129/2024 is the national implementing decree for the EU Markets in Crypto-Assets Regulation, known as MiCAR. Published in the Gazzetta Ufficiale on Sept. 13, 2024 and in force from Sept. 14, 2024, it adapts Italian financial law to the EU framework for crypto-asset issuance, crypto-asset services, stablecoin-style tokens, market-abuse rules, supervision, and sanctions. As of July 21, 2026, the decree is treated as in force, with the national VASP transition period ended after June 30, 2026.

What the Italian MiCAR decree does

The decree is not a separate Italian crypto code. It supplies the domestic machinery needed for MiCAR to operate in Italy: national competent authorities, cooperation rules, supervisory and investigative powers, authorization routing, local transition rules, and penalties. It applies alongside MiCAR’s EU-level obligations and related technical standards, rather than replacing them.

For CryptoSlate readers, the practical significance is jurisdictional. The decree identifies which Italian authority handles different MiCAR tasks and how legacy virtual-asset operators moved from Italy’s pre-MiCAR registration model toward the EU CASP authorization model. It also coordinates MiCAR with existing Italian banking, payments, securities, AML, and market-supervision statutes.

Competent authorities under Italy’s MiCAR framework

Article 3 designates Consob and Banca d’Italia as Italy’s national competent authorities under MiCAR. Consob is assigned core roles for offers and admissions of crypto-assets other than asset-referenced tokens or e-money tokens, and for market-abuse supervision. Banca d’Italia has core responsibilities for e-money tokens. Both authorities share roles for asset-referenced tokens and crypto-asset service providers.

The allocation reflects the authorities’ established mandates. Consob’s remit is centered on transparency, conduct, orderly trading, and client protection, while Banca d’Italia focuses on risk containment, capital soundness, operational organization, payment-system concerns, and sound and prudent management. The decree also allows the authorities to issue implementing provisions within their respective areas.

CASP authorization and supervision

The decree maps MiCAR authorization and notification channels by entity type. Specialized crypto-asset service providers generally interact with Consob for authorization, with Banca d’Italia heard on relevant prudential issues. Banks, certain investment firms, e-money institutions, payment institutions, asset managers, central securities depositories, and regulated market operators follow different notification or authorization paths depending on the activity and their existing regulated status.

For ongoing supervision, the decree splits conduct and prudential oversight. Consob supervises areas such as acting honestly, fairly, and professionally in clients’ best interests, complaint handling, conflicts of interest, recordkeeping, and service-specific transparency. Banca d’Italia supervises capital adequacy, risk containment, governance, internal controls, outsourcing, business continuity, and safeguarding of client crypto-assets and funds.

Stablecoins, token issuance, and market abuse

For asset-referenced tokens, Banca d’Italia authorizes issuance, public offers, and admission to trading in agreement with Consob. For e-money tokens, the decree coordinates MiCAR with Italy’s banking law and e-money rules, including provisions applicable to banks and electronic-money institutions. Consob receives key powers over offers and admissions of crypto-assets outside the ART and EMT categories.

The decree also implements MiCAR’s market-abuse architecture in Italy. Consob receives powers tied to Title VI of MiCAR, including powers connected to delayed disclosure of inside information. The text also contains criminal and administrative sanctions for unauthorized activity and violations of provisions cross-referenced from MiCAR.

Status, transition, and editorial posture

The original transition regime in Article 45 allowed qualifying OAM-registered virtual-asset operators to continue temporarily while seeking MiCAR authorization. Decree-Law No. 95/2025, later converted by Law No. 118/2025, extended the key Italian transition dates: applications could be filed by Dec. 30, 2025, and qualifying operators could continue no later than June 30, 2026 or until authorization or refusal. Banca d’Italia and Consob later stated that the transition ended from July 1, 2026.

This profile should be read as a legal-reference summary for news and research purposes, not as legal, tax, investment, or compliance advice. Editors should review later amendments, regulator notices, ESMA register data, and Consob or Banca d’Italia implementing measures before publication updates.

Key provisions

Competent authority split

Designates Consob and Banca d’Italia as MiCAR competent authorities and allocates responsibilities across MiCAR titles.

Regulatory perimeter Sep 14, 2024 Source

Regulatory and investigative powers

Gives the authorities supervisory, investigative, and rulemaking powers needed to apply MiCAR and related technical standards.

Supervision Sep 14, 2024 Source

CASP authorization routing

Sets authorization and notification channels for CASPs and regulated intermediaries providing crypto-asset services.

Licensing Dec 30, 2024 Source

Conduct and prudential supervision

Splits CASP supervision between Consob conduct oversight and Banca d’Italia prudential, governance, risk, and safeguarding oversight.

Supervision Dec 30, 2024 Source

ART and EMT coordination

Coordinates asset-referenced token and e-money token rules with Italian banking, payment, and e-money legislation.

Stablecoins Sep 14, 2024 Source

Transition for legacy VASPs

Sets and, after amendment, extends transition dates for qualifying OAM-registered VASPs moving toward MiCAR authorization.

Licensing Jul 1, 2025 Source

Unauthorized activity and sanctions

Adds criminal unauthorized-activity provisions and administrative penalties for MiCAR-linked violations.

Enforcement Dec 30, 2024 Source

Timeline

  1. Decree issued

    Legislative Decree No. 129/2024 was issued in Rome.

    Enacted Source
  2. Published in Gazzetta Ufficiale

    Published in Gazzetta Ufficiale, Serie Generale No. 215.

    Enacted Source
  3. Entered into force

    The decree entered into force the day after publication.

    In force Source
  4. MiCAR titles phase in

    The decree preserves MiCAR application dates for titles II, V and VI from Dec. 30, 2024.

    Partially effective Source
  5. Transition extended

    Decree-Law No. 95/2025 entered into force, extending Article 45 VASP transition dates.

    In force Source
  6. Transition application deadline

    Qualifying registered VASPs had to file a MiCAR authorization application by this amended date.

    Effective Source
  7. National VASP transition ended

    Amended Article 45 transition could not continue beyond June 30, 2026.

    Effective Source

Who it affects

Actors

Banca d’Italia, Consob, Organismo Agenti e Mediatori

Asset classes

Asset-referenced tokens, Crypto assets, E-money tokens

Official sources

Editorial note

As of July 21, 2026, this profile treats Decree 129/2024 as in force. Article 45 was later amended by Decree-Law 95/2025, converted by Law 118/2025, extending the national VASP transition through June 30, 2026. Review later amendments and regulator notices before updates.