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Here is the decree on the extended Green pass. The full text

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Here is the decree on the extended Green pass. The full text

What does the decree on the extension of the Green pass provide? Here is the full text of the provision approved by the Council of Ministers

THE PRESIDENT OF THE REPUBLIC

GIVEN the articles 77 and 87 of the Constitution;

HAVING REGARD to articles 32 and 117, second and third paragraphs, of the Constitution;

HAVING REGARD to article 16 of the Constitution, which allows limitations on freedom of movement for health reasons;

GIVEN the decree-law of 25 March 2020, n. 19, converted, with amendments, by law 22 May 2020, n. 35, containing "Urgent measures to deal with the epidemiological emergency from COVID-19";

 

GIVEN the decree-law of 16 May 2020, n. 33, converted, with amendments, by law 14 July 2020, n. 74, containing «Further urgent measures to deal with the epidemiological emergency from COVID-19»;

GIVEN the decree-law of 1 April 2021, n. 44, converted, with modifications, by the law 28 May 2021, n. 76, containing «Urgent measures for the containment of the COVID-19 epidemic, in the matter of anti-SARS-CoV-2 vaccinations, justice and public competitions»;

GIVEN the decree-law of 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87, containing «Urgent measures for the gradual resumption of economic and social activities in compliance with the need to contain the spread of the COVID-19 epidemic»;

GIVEN the decree-law of 23 July 2021, n. 105, converted, with modifications, by the law 15 September 2021, n. …, Containing «Urgent measures to deal with the epidemiological emergency from COVID-19 and for the safe exercise of social and economic activities»;

GIVEN the decree-law of 6 August 2021, n. 111, containing «Urgent measures for the safe exercise of school, university, social and transport activities»;

GIVEN the decree-law 11 September 2021, n. 122, containing "Urgent measures to deal with the COVID-19 emergency in the school, higher education and social health-care sectors."

GIVEN the declaration of the World Health Organization of 11 March 2020, with which the COVID-19 epidemic has been assessed as a "pandemic" in consideration of the levels of diffusivity and severity achieved globally;

CONSIDERING that the current risk context requires the continuation of the extraordinary and urgent initiatives undertaken in order to adequately deal with possible situations of prejudice for the community;

CONSIDERING the extraordinary need and urgency, in view of extending the obligation of green COVID-19 certification in public and private workplaces, in order to ensure the greater effectiveness of the containment measures of the SARS-CoV-2 virus;

GIVEN the resolution of the Council of Ministers, adopted at the meeting of …… September 2021;

ON THE PROPOSAL of the President of the Council of Ministers and Ministers of health, for public administration and labor and social policies and economic development and justice;

EMANA

the following decree-law:

ART. 1

(Urgent provisions on the use of green certifications in public work)

 

  1. With the decree-law of 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87, the following is inserted after article 9- quater :

"Art. 9- quinquies

(Use of COVID-19 green certifications in the public sector)

  1. From 15 October 2021 and until 31 December 2021, deadline for the end of the state of emergency, in order to prevent the spread of the SARS-CoV-2 infection, to the staff of public administrations referred to in Article 1, paragraph 2, of the legislative decree 30 March 2001, n. 165, to the staff referred to in Article 3 of the aforementioned legislative decree, to the staff of the independent administrative authorities, including the National Commission for the Company and the Stock Exchange and the Supervisory Commission on Pension Funds, of the Bank of Italy, as well as of the economic public bodies and bodies of constitutional importance, for the purposes of accessing the places where the aforementioned personnel carry out their work, it is mandatory to possess and exhibit, upon request, the green COVID-19 certification referred to in article 9, paragraph 2. The provisions of articles 9-ter, 9-ter.1 and 9-ter.2 of this decree and articles 4 and 4-bis of the decree-law of 1 April 2021, n. 44, converted, with modifications, by the law 28 May 2021, n. 76.
  1. The provision referred to in paragraph 1 also applies to all subjects who carry out, for any reason, their work or training or volunteer activity at the administrations referred to in paragraph 1, also on the basis of external contracts.
  1. The provisions referred to in paragraph 1 do not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health.
  1. Employers of personnel referred to in paragraph 1 are required to verify compliance with the requirements referred to in paragraphs 1 and 2. For the workers referred to in paragraph 2, verification of compliance with the requirements referred to in paragraph 1, as well as by subjects referred to in the first period, is also carried out by their respective employers.
  1. The employers referred to in paragraph 4, first sentence, shall define, by 15 October 2021, the operating procedures for the organization of the checks referred to in paragraph 4, including on a sample basis, providing priority, where possible, that such checks are carried out at the time of access to the workplace and identify with a formal deed the persons in charge of ascertaining and contesting the violations of the obligations referred to in paragraphs 1 and 2. The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10. The President of the Council of Ministers, on the proposal of the Ministers for public administration and health, may adopt guidelines for the homogeneous definition of the organizational methods referred to in the first period. For the regions and local authorities, the guidelines, where adopted, are defined in agreement with the Unified Conference referred to in Article 8 of Legislative Decree no. 281.
  1. The personnel referred to in paragraph 1, in the event that they communicate that they are not in possession of the COVID-19 green certification or if they do not have the aforementioned certification at the time of accessing the workplace, are considered unjustified absent and, starting from fifth day of absence, the employment relationship is suspended until the aforementioned certification is presented and, in any case, no later than 31 December 2021, and, in any case, without disciplinary consequences and with the right to retain the employment relationship. In the cases of unjustified absence and suspension referred to in the first period, no remuneration or other remuneration or emolument, however named, is due. The suspension referred to in the first period is ordered by the employer or by the person delegated by him.
  1. The access of personnel to the workplaces referred to in paragraph 1 in violation of the obligations referred to in paragraphs 1 and 2, is punished with the sanction referred to in paragraph 8 and the disciplinary consequences according to the respective regulations remain unaffected.
  1. In the event of violation of the provisions referred to in paragraph 4, failure to adopt the organizational measures referred to in paragraph 5 within the prescribed period, as well as for the violation referred to in paragraph 7, Article 4, paragraphs 1, 3, 5 shall apply. and 9, of the decree-law of 25 March 2020, n. 19 , converted, with amendments, by law 22 May 2020, n. 35 . Without prejudice to the provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, n. 33 , converted, with amendments, by law 14 July 2020, n. 74. For the violations referred to in paragraph 7, the administrative sanction provided for by paragraph 1 of the aforementioned article 4 of decree-law no. 19 of 2020 is established in euros from 600 to 1,500.

 

  1. The sanctions referred to in paragraph 8 are imposed by the Prefect. The subjects in charge of ascertaining and contesting the violations referred to in the same paragraph 8 transmit the documents relating to the violation to the Prefect.
  1. The constitutional bodies, each within the scope of their autonomy, adapt their system to the provisions of this article.
  1. The provisions referred to in paragraphs 1, 3, 4, 5 and 8 apply to the persons holding elective offices or top institutional positions.
  1. The administrations referred to in paragraph 1, provide for the activities referred to in this article with the human, financial and instrumental resources available under current legislation and without new or greater charges for public finance. ".

ART. 2

(Use of green certifications in judicial offices)

 

  1. With the decree-law of 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87, after article 9- quinquies, as introduced by article 1, the following is inserted:

 

"Art. 9- sexies

(Use of green certifications in judicial offices)

  1. From 15 October 2021 and until 31 December 2021, deadline for the end of the state of emergency, in order to protect public health and maintain adequate security conditions, ordinary, administrative, accounting and military magistrates, lawyers and state prosecutors, the members of the tax commissions cannot access the judicial offices if they do not possess and, upon request, do not exhibit the green COVID-19 certification referred to in Article 9, paragraph 2.
  2. The absence from the office resulting from the lack or failure to produce the certification by the subjects referred to in paragraph 1 is considered unjustified absence, relevant for the purposes referred to in Article 127, first paragraph, letter c), of the Consolidated Law on referred to in the decree of the President of the Republic 10 January 1957, n. 3.
  3. The access of the subjects referred to in paragraph 1 to the judicial offices in violation of the provision referred to in the same paragraph 1 constitutes a disciplinary offense and is sanctioned for ordinary magistrates pursuant to article 12, paragraph 1, of the legislative decree of 23 February 2006, n. 109, and for the other subjects according to their respective legal systems. The report of ascertainment of the violation is sent without delay to the holder of the disciplinary action.
  4. The provisions referred to in paragraphs 1 and 2 also apply to the honorary magistrate. The access of the honorary magistrate to the structures in which the judicial activity takes place in violation of the provision referred to in paragraph 1 entails the suspension of the honorary office until the honorary magistrate exhibits the certification referred to in paragraph 1. The suspension it is ordered by the High Council of the Judiciary, to which the report of ascertaining the violation is sent without delay. The prolongation of the absence as a result of the lack or failure to produce the certification referred to in paragraph 1 beyond the term of thirty days entails the revocation from the office pursuant to Article 21 of Legislative Decree 13 July 2017, n. 116.
  5. Those responsible for the internal security of the structures in which the judicial activity takes place are required to verify compliance with the provisions referred to in paragraph 1, also making use of delegates. The verifications of the COVID-19 green certifications are carried out in the manner referred to in paragraph 5 of article 9- quinquies . Further verification procedures can be established with a circular from the Ministry of Justice .
  6. Without prejudice to the provisions of paragraphs 3 and 4, access to judicial offices in violation of the provision referred to in paragraph 1 and the violation of the provisions referred to in paragraph 5 are sanctioned pursuant to paragraph 8 of article 9- quinquies .
  7. The provisions referred to in paragraphs 2, 3, 4, 9 and 12 of article 9- quinquies apply .
  8. The provisions of this article do not apply to lawyers and other defense counsel, consultants, experts and other auxiliaries of the magistrate unrelated to the administrations of justice, witnesses and parties to the trial. ".

 

 

ART. 3

(Urgent provisions on the use of green certifications in private work)

 

  1. With the decree-law of 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87, after article 9- sexies, as introduced by article 2, the following is inserted:

"Art. 9- septies

(Use of COVID-19 green certifications in the private sector)

 

  1. From 15 October 2021 and until 31 December 2021, the deadline for ending the state of emergency, in order to prevent the spread of the SARS-CoV-2 infection, anyone working in the private sector is obliged, for the purposes of access to the places where the aforementioned activity is carried out, to possess and exhibit on request the COVID-19 green certification referred to in article 9, paragraph 2. The provisions of articles 9-ter, 9-ter remain valid. 1, and 9-ter.2 of this decree and by articles 4 and 4-bis of the decree-law 1 April 2021, n. 44, converted, with modifications, by the law 28 May 2021, n. 76.

 

  1. The provision referred to in paragraph 1 also applies to all subjects who carry out, for any reason, their work or training or volunteer activity in the places referred to in paragraph 1, also on the basis of external contracts.
  2. The provisions referred to in paragraph 1 do not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health.
  3. The employers referred to in paragraph 1 are required to verify compliance with the requirements referred to in paragraphs 1 and 2. For the workers referred to in paragraph 2, the verification of compliance with the requirements referred to in paragraph 1, as well as by the subjects of referred to in the first period, is also carried out by the respective employers.
  1. The employers referred to in paragraph 1, shall define, by October 15, 2021, the operating procedures for the organization of the checks referred to in paragraph 4, including on a sample basis, providing priority, where possible, that such checks are carried out at the time access to the workplace and identify with a formal deed the persons in charge of ascertaining the violations of the obligations referred to in paragraphs 1 and 2. The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of ministers adopted pursuant to article 9, paragraph 10.
  1. The workers referred to in paragraph 1, in the event that they communicate that they are not in possession of the COVID-19 green certification or if they do not have the aforementioned certification at the time of access to the workplace, are suspended from working, in order to protect the health and safety of workers in the workplace, and, in any case, without disciplinary consequences and with the right to retain the employment relationship. No remuneration or other remuneration or emolument, however named, is due for the period of suspension.

 

  1. The suspension referred to in paragraph 6 is immediately communicated to the worker concerned and is effective until the presentation of the COVID-19 green certification and, in any case, no later than 31 December 2021, the deadline for termination of the state of emergency. For companies with fewer than fifteen employees, after the fifth day of non-presentation of the aforementioned certification, the employer can suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, in any case for a period not exceeding ten days, and no later than the aforementioned deadline of 31 December 2021.
  1. The access of workers to the workplace referred to in paragraph 1 in violation of the obligations referred to in paragraphs 1 and 2, is punished with the sanction referred to in paragraph 9 and the disciplinary consequences according to the respective sector regulations remain unaffected.
  1. 9. In the event of violation of the provisions referred to in paragraph 4 or failure to adopt the organizational measures referred to in paragraph 5 within the prescribed period, as well as for the violation referred to in paragraph 8, Article 4, paragraphs 1, 3 shall apply. , 5 and 9, of the decree-law of 25 March 2020, n. 19 , converted, with amendments, by law 22 May 2020, n. 35 . Without prejudice to the provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, n. 33 , converted, with amendments, by law 14 July 2020, n. 74 . For the violations referred to in paragraph 8, the administrative sanction provided for by paragraph 1 of the aforementioned article 4 of decree-law no. 19 of 2020 is established in euros from 600 to 1,500.
  1. The sanctions referred to in paragraph 9 are imposed by the Prefect. The persons in charge of ascertaining and contesting the violations referred to in the same paragraph 9 shall transmit the documents relating to the violation to the Prefect. ".

 

 

ART. 4

( Urgent measures for the administration of rapid antigen tests )

  1. In article 5 of thedecree-law of 23 July 2021, n. 105 , the following changes are made:
  2. a) in paragraph 1, first sentence, the words "until 30 November 2021" are replaced by the following: "until 31 December 2021";
  3. b) after paragraph 1, the following is inserted:

"1- bis . The pharmacies referred to in article 1, paragraphs 418 and 419, of law no. 178, are also required to ensure, until 31 December 2021, the administration of rapid antigenic tests for the detection of SARS-CoV-2 antigen, referred to in article 9, paragraph 1, letter d) , of decree-law 22 April 2021, n. 52, according to the methods and prices provided for in the memorandum of understanding referred to in paragraph 1. In the event of non-compliance with the provision referred to in the first period, the administrative sanction of payment of a sum from 1,000 to 10,000 euros is applied and the Prefect territorially competent, taking into account the needs of the continuity of the pharmaceutical assistance service, may order the closure of the activity for a duration not exceeding five days. "

  1. In article 34, paragraph 9-quater, of the decree-law of 25 May 2021, n. 73, converted, with amendments by law 23 July 2021, n. 106, is replaced by the following:

"9-quater. Within the spending limit authorized pursuant to this paragraph which constitutes a maximum expenditure ceiling, in order to ensure the free execution of rapid molecular and antigenic tests, for citizens with disabilities or in conditions of fragility who cannot carry out the anti-SARS vaccination -CoV-2 due to certified impeding pathologies, as well as for subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined with the Circular of the Minister of Health, a Fund is established in the forecast of the Ministry of Health the free use of tampons, with an endowment of (…) million euros for the year 2021

ART. 5

(Duration of COVID green certifications)

 

  1. In article 9 of the decree-law of 22 April 2021, n. 52, converted, with modifications, by the law of 17 June 2021, n. 87, the following changes are made:
  2. a) in paragraph 1, letter b) , the following are inserted after the words "from SARS-CoV-2": "and vaccinations administered by the competent national health authorities recognized as equivalent with the Circular of the Ministry of Health,";
  3. b) in paragraph 2, after letter c) the following is inserted:

"C- bis ) healing has occurred after administration of the first dose of vaccine or at the end of the prescribed course.";

  1. c) in paragraph 3, in the third sentence, the words "from the fifteenth day following the administration" are replaced by the following: "from the same administration";
  2. d) the following is inserted after paragraph 4:

"4- bis . Those who have been identified as confirmed positive cases for SARS-CoV-2 after the fourteenth day from the administration of the first dose of vaccine as well as following the prescribed cycle are also issued the green COVID-19 certification referred to in letter c- bis) and is valid for twelve months from the date of healing. ".

ART. 6

( Urgent measures for sport )

 

  1. The sums transferred to Sport e Salute spa for the payment of indemnities for sports collaborators connected to the COVID-19 emergency referred to in article 44 of the decree-law of 25 May 2021, n. 73, not used by 15 September 2021, are paid back, notwithstanding the provisions of paragraph 13 of the aforementioned article 44, by 15 October 2021 at the entry of the State budget to be reallocated for fifty percent to the "Single Fund in support of the strengthening of the Italian sports movement "referred to in article 1, paragraph 369, of law no. 205 and for the remaining fifty percent to the «Fund for the relaunch of the national sports system» referred to in article 217 of the decree-law of 19 May 2020, n. 34.

ART. 7

( Contact center Green pass )

 

  1. In article 1, paragraph 621-bis of law no. 178, the following changes are made:
  2. the words "The competent structure for technological innovation and digitization of the Presidency of the Council of Ministers" are replaced by the following: "The Ministry of Health";
  3. after the words “by law no. 87 ", the following are added:", as an additional service to that of the contact center provided to enhance the 1500 Service – public utility number, referred to in Article 1 of the ordinance of the Head of the Civil Protection Department of 8 March 2020, n. 645, also for the purposes of any integration of existing contractual relationships ";
  4. c) in the second sentence, the words "1 million" are replaced by the following: "4 million".
  1. The coverage of the charges deriving from paragraph 1, equal to 3 million euros for the year 2021, is provided through XXXX. The Ministry of Economy and Finance is authorized to make the necessary budget changes.

 

ART. 8

( Provisions for carrying out cultural, sporting, social and recreational activities)

 

  1. By 30 September 2021, the Technical Scientific Committee referred to in the order of the Head of the Civil Protection Department of 3 February 2020, n. 630, and subsequent amendments, in view of the adoption of subsequent regulatory measures and taking into account the trend of the epidemic, the extension of the obligation of the COVID certificate and the evolution of the vaccination campaign, expresses an opinion on the distancing measures, and protection in places where cultural, sporting, social and recreational activities take place

 

ART. 9

( Entry into force )

 

  1. This decree enters into force on the day following that of its publication in the Official Gazette of the Italian Republic and will be presented to the Chambers for conversion into law.

 

This decree, bearing the seal of the State, will be included in the Collection of regulatory acts of the Italian Republic. Anyone responsible is obliged to observe it and have it observed.

This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/sanita/ecco-il-decreto-sul-green-pass-esteso/ on Fri, 17 Sep 2021 05:35:15 +0000.