law 23 August 1988, n. 400 ;
Having seen the decree-law of 23 February 2020, n. 6 , containing «Urgent measures regarding the containment and management of the COVID-19 epidemiological emergency», converted, with amendments, by law 5 March 2020, n. 13 , subsequently repealed by legislative decree no. 19 of 2020 with the exception of article 3 , paragraph 6-bis, and article 4 ;
Having seen 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» and in particular articles 1 and 2 , paragraph 1;
Having seen 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»;
Having seen the decree-law of 30 July 2020, n. 83 , converted, with amendments, to law 25 September 2020, n. 124 , containing «Urgent measures related to the expiry of the declaration of epidemiological emergency from COVID-19 approved on 31 January 2020 »;
Having seen the legislative decree of 7 October 2020, n. 125 , containing «Urgent measures related to the extension of the declaration of the state of epidemiological emergency from COVID-19 and for the operational continuity of the COVID alert system, as well as for the implementation of Directive (EU) 2020/739 of 3 June 2020 » ;
Having seen the decree of the President of the Council of Ministers of 24 October 2020 , containing «Further implementing provisions of 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», and the legislative decree 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», published in the Official Journal of the Italian Republic no. 265 of 25 October 2020;
Having seen the Guidelines for the reopening of economic, productive and recreational activities, as updated in the Conference of Regions and Autonomous Provinces on 8 October 2020, referred to in Annex 9, in relation to the activities permitted by this decree;
Having seen the resolutions of the Council of Ministers of 31 January 2020 , 29 July 2020 and 7 October 2020 with which the state of emergency was declared and extended on the national territory relating to the health risk connected to the onset of pathologies deriving from viral agents transmissible;
Having regard to the declaration of the World Health Organization of 11 March 2020 with which the COVID-19 epidemic was assessed as a “pandemic” in consideration of the levels of diffusion and severity reached globally;
Considering the evolution of the epidemiological situation, the particularly widespread nature of the epidemic and the increase in cases on the national territory;
Furthermore, considering that the supranational dimensions of the epidemic phenomenon and the involvement of multiple areas on the national territory make measures necessary to ensure uniformity in the implementation of prophylaxis programs developed at international and European level;
Having seen the resolutions approved by the Chamber of Deputies and the Senate of the Republic on 2 November 2020;
Having seen the minutes no. 122 and 123 of the sessions of 31 October and 3 November 2020 of the Technical-Scientific Committee referred to in the ordinance of the Head of the Civil Protection Department of 3 February 2020, n. 630, and subsequent amendments and additions;
Considering that the observation formulated by the Conference of Regions and Autonomous Provinces regarding the need for a cross-examination on the data processed and used according to the procedure described in articles 2 and 3 of the decree is satisfied since the involvement of the Regions and autonomous Provinces is largely guaranteed by the direct participation of the same within the control room referred to in the Ministerial Decree of 30 April 2020 and in the Ministerial Decree of 29 May 2020, as well as by the procedural process which contemplates the adoption, by the Minister of Health, of the relevant ordinances, after hearing the Presidents of the regions involved and that, furthermore, the provision relating to the declassification of the risk or scenario level has been reformulated, as requested;
On the proposal of the Minister of Health, after consulting the Ministers of the Interior, Defence, Economy and Finance, as well as the Ministers of Foreign Affairs and International Cooperation, Education, Justice, Infrastructure and Transport, universities and research, agricultural, food and forestry policies, cultural assets and activities and tourism, work and social policies, for public administration, for youth policies and sport, for regional affairs and autonomies, for equal opportunities and the family, as well as having heard the President of the Conference of Regions and Autonomous Provinces;
Decrees:
Article 1
Urgent measures to contain the contagion throughout the national territory
- For the purposes of containing the spread of the COVID-19 virus, it is mandatory throughout the national territory to always have respiratory protection devices with you, as well as the obligation to wear them in indoor places other than private homes and in all outdoor places. open except in cases where, due to the characteristics of the places or the factual circumstances, the condition of isolation from non-cohabiting people is continuously guaranteed, and in any case without prejudice to the established anti-contagion protocols and guidelines for economic, productive, administrative and social activities, as well as guidelines for the consumption of food and drinks, and with the exclusion of the aforementioned obligations:
- a) for subjects who are carrying out sporting activities;
- b) for children under the age of six;
- c) for subjects with pathologies or disabilities incompatible with the use of the mask, as well as for those who experience the same incompatibility when interacting with the aforementioned.
The use of respiratory protection devices is strongly recommended even inside private homes in the presence of people who do not live together.
- It is mandatory to maintain an interpersonal safety distance of at least one meter, without prejudice to the exceptions already provided for and validated by the Technical-Scientific Committee referred to in Article 2 of Ordinance 3 February 2020, n. 630, of the Head of the Civil Protection Department.
- From 10.00 pm to 5.00 am the following day, only travel motivated by proven work needs, situations of necessity or for health reasons are permitted. In any case, it is strongly recommended, for the remaining part of the day, not to travel by public or private means of transport, except for work or study needs, for health reasons, for situations of necessity or to carry out activities or use of unsuspended services.
- Streets or squares in urban centres, where crowding situations may arise, may be closed to the public throughout the day or at certain time slots, without prejudice to the possibility of access and exit, to legitimately open commercial establishments and homes. private.
- It is mandatory in public places and places open to the public, as well as in all commercial establishments, to display a sign at the entrance to the place indicating the maximum number of people admitted to the place at the same time, on the basis of the protocols and guidelines in force.
- The provisions referred to in paragraphs 1 and 2 can in any case be waived exclusively with Protocols validated by the technical-scientific Committee referred to in article 2 of the ordinance of 3 February 2020, n. 630, of the Head of the Civil Protection Department.
- For the purposes referred to in paragraph 1, community masks can also be used, i.e. disposable masks or washable masks, even self-produced, made of multilayer materials suitable for providing an adequate barrier and, at the same time, which guarantee comfort and breathability, shape and adequate fit that allows coverage from the chin to above the nose.
- The use of respiratory protection devices is added to the other protection measures aimed at reducing contagion (such as physical distancing and constant and accurate hand hygiene) which remain unchanged and a priority.
- In order to combat and contain the spread of the COVID-19 virus throughout the national territory, the following measures are applied:
- a) subjects with a respiratory infection characterized by fever (greater than 37.5° (degrees)) must remain at home, contacting their doctor;
- b) public access to parks, villas and public gardens is conditional on rigorous compliance with the ban on gatherings referred to in article 1, paragraph 8, first sentence, of the legislative decree of 16 May 2020, n. 33, converted, with amendments, by law 14 July 2020, n. 74, as well as the interpersonal safety distance of at least one meter; Minors are permitted to access play areas within parks, villas and public gardens, even together with family members or other people who usually live with them or are responsible for their care, to carry out recreational or recreational activities outdoors in compliance with the guidelines. guidance from the Department for Family Policies referred to in Annex 8;
- c) the activities of theme and amusement parks are suspended; access of children and young people to places intended for the carrying out of recreational, recreational and educational activities, including non-formal ones, indoors or in the open air is permitted, with the help of operators to whom they will be entrusted in custody and with the obligation to adopt specific safety protocols prepared in accordance with the guidelines of the Department for Family Policies referred to in Annex 8;
- d) it is permitted to carry out sporting activities or physical activity outdoors, including in equipped areas and public parks, where accessible, provided that the interpersonal safety distance of at least two meters for sporting activities and at least one meter for each other activity unless the presence of a companion is necessary for minors or people who are not completely self-sufficient;
- Only events and competitions are permitted – recognized as being of national interest by provision of the Italian National Olympic Committee (CONI) and the Italian Paralympic Committee (CIP) – concerning individual and team sports organized by the respective national sports federations, associated sports disciplines, sports promotion bodies or international sports organisations, within sports facilities used behind closed doors or outdoors without the presence of the public. The training sessions of athletes, both professional and non-professional, of individual and team sports, participating in the competitions referred to in this letter, are permitted behind closed doors, in compliance with the protocols issued by the respective national sports federations, associated sports disciplines and bodies. sports promotion;
- f) the activities of gyms, swimming pools, swimming centres, wellness centres, spa centers are suspended, with the exception of the provision of services falling within the essential levels of assistance and for rehabilitation or therapeutic activities, as well as cultural centres, social centers and centers recreational; without prejudice to the suspension of swimming pool and gym activities, basic sporting activity and physical activity in general carried out outdoors at public and private sports centers and clubs are permitted in compliance with social distancing rules and without any gathering, in accordance with the guidelines issued by the Office for Sport, after consulting the Italian Sports Medical Federation (FMSI), with the requirement that the use of changing rooms inside said clubs is prohibited; the activities of the rehabilitation centers are permitted, as are those of the training centers and structures dedicated exclusively to maintaining the operational efficiency in use by the Defense, Security and Public Rescue Sector, which are carried out in compliance with the protocols and guidelines in force;
- g) without prejudice to the provisions of letter e) regarding events and sporting competitions of national interest, the carrying out of contact sports, as identified by provision of the Minister for Youth Policies and Sport, is suspended; basic amateur sporting activity, schools and introductory training activities relating to contact sports are also suspended, as are all matches, competitions and activities connected to contact sports, even if of a recreational-amateur nature;
- h) in order to allow the regular carrying out of the sports competitions referred to in letter e) , which involve the participation of athletes, technicians, judges and race commissioners, and companions coming from countries for which entry into Italy is prohibited or for whom quarantine is foreseen, the latter, before entering Italy, must have carried out a molecular or antigen test to verify their state of health, the outcome of which must be indicated in the declaration referred to in article 7, paragraph 1 , and verified by the carrier pursuant to article 9. This test must not be earlier than 72 hours from arrival in Italy and the interested parties, to be authorized to enter Italy, must be in possession of the result certifying their negativity and reports the personal data of the person subjected to the test for any checks. In the event of a negative swab result, the interested parties are authorized to take part in the international sporting competition on Italian territory, in accordance with the specific protocol adopted by the sporting body organizing the event;
- i) the holding of public events is permitted only in a static form, provided that, during them, the prescribed social distancing and other containment measures are observed, in compliance with the requirements imposed by the police commissioner pursuant to article 18 of the consolidated text of the public security laws referred to in the royal decree of 18 June 1931, n. 773;
- l) the activities of game rooms, betting rooms, bingo halls and casinos are suspended, even if carried out within premises used for different activities;
- m) shows open to the public in theaters, concert halls, cinemas and other spaces, including outdoor ones, are suspended;
- n) activities that take place in dance halls, discos and similar venues, outdoors or indoors, remain suspended. Parties in indoor and outdoor places are prohibited, including those following civil and religious ceremonies. With regard to private homes, it is strongly recommended not to receive people other than cohabitants, except for work needs or situations of necessity and urgency. Festivals, fairs of any kind and other similar events are prohibited;
- o) conferences, congresses and other events are suspended, with the exception of those taking place remotely; all public ceremonies take place in compliance with current protocols and guidelines and in the absence of the public; within public administrations, meetings are held remotely, unless there are justified reasons; it is strongly recommended that private meetings also be held remotely;
- p) access to places of worship takes place with organizational measures such as to avoid gatherings of people, taking into account the size and characteristics of the places, and such as to guarantee visitors the possibility of respecting the distance between them of at least one metre;
- q) religious functions with the participation of people are carried out in compliance with the protocols signed by the Government and the respective confessions referred to in annexes 1, integrated with the subsequent indications of the technical-scientific Committee, to 7;
- r) exhibitions and services open to the public of museums and other cultural institutions and places referred to in article 101 of the cultural heritage and landscape code, referred to in legislative decree 22 January 2004, n. are suspended. 42;
- s) secondary school institutions adopt flexible forms in the organization of teaching activities pursuant to articles 4 and 5 of the decree of the President of the Republic of 8 March 1999, n. 275, so that 100 percent of the activities are carried out using integrated digital teaching. This remains without prejudice to the possibility of carrying out activities in person if the use of laboratories is necessary or in order to maintain an educational relationship that achieves the effective scholastic inclusion of pupils with disabilities and special educational needs, in accordance with the provisions of the decree of the Minister of instruction no. 89 of 7 August 2020, and by the ordinance of the Minister of Education n. 134 of 9 October 2020, while still guaranteeing online connection with the students in the class who are in integrated digital teaching. The didactic and educational activity for nursery schools, the first cycle of education and for educational services for children continues to take place in person, with the mandatory use of respiratory protection devices except for children aged under six years of age and for subjects with pathologies or disabilities incompatible with the use of the mask. Public and private training courses can only take place remotely. Specific training courses in general medicine are permitted in person, as are the teaching and training activities of the training institutes of the Ministries of the Interior, Defence, Economy and Finance and Justice, as well as the Information System for Security Republic. The courses for doctors in specialist training and the activities of trainees in the health and medical professions can in any case continue even in non-presence mode. Equally permitted are qualifying courses and theoretical and practical tests carried out by the civil motor vehicle offices and driving schools, courses for access to the profession of road transporter of goods and passengers and courses on the correct functioning of the tachograph carried out by the same driving schools and from other training bodies, as well as training courses and qualifying courses or in any case authorized or financed by the Ministry of Infrastructure and Transport. In the presence of a particular worsening of the epidemiological situation and in order to contain the spread of the COVID-19 infection, after consulting the President of the Region or Regions concerned, the temporary suspension of the tests is ordered by decree of the Minister of Infrastructure and Transport driving practices referred to in article 121 of legislative decree 30 April 1992, n. 285 to be carried out in the regional territory and the extension of the deadlines provided for by articles 121 and 122 of the aforementioned legislative decree in favor of candidates who were unable to take said tests. Qualification exams for IeFP courses are also permitted,according to the provisions issued by the individual Regions, as well as the training courses to be carried out on health and safety, provided that the measures referred to in the «Technical document on the possible remodulation of the measures to contain the SARS-CoV-2 contagion are respected in the workplace and prevention strategies” published by INAIL. In order to maintain social distancing, any other form of alternative aggregation is to be excluded. The meetings of the collegial bodies of scholastic and educational institutions of all levels can only be held remotely. The renewal of the collegial bodies of educational institutions takes place remotely in compliance with the principles of secrecy and freedom in participation in elections. The managing bodies ensure the cleanliness of the environments and the administrative and accounting obligations concerning the educational services for children. The body that owns the property may authorize, in conjunction with the educational institutions, the managing body to use the spaces for the organization and carrying out of recreational, recreational and educational activities, not scholastic or formal, without any prejudice to the activities of the educational institutions themselves. The activities must be carried out with the help of qualified personnel, and with the obligation of managers to adopt specific safety protocols compliant with the guidelines set out in Annex 8 and to carry out the necessary cleaning and sanitisation activities. Under the same conditions, public or private sports centers can also be used;The activities must be carried out with the help of qualified personnel, and with the obligation of managers to adopt specific safety protocols compliant with the guidelines set out in Annex 8 and to carry out the necessary cleaning and sanitisation activities. Under the same conditions, public or private sports centers can also be used;The activities must be carried out with the help of qualified personnel, and with the obligation of managers to adopt specific safety protocols compliant with the guidelines set out in Annex 8 and to carry out the necessary cleaning and sanitisation activities. Under the same conditions, public or private sports centers can also be used;
- t) educational trips, exchange or twinning initiatives, guided visits and educational trips, however named, planned by educational institutions of all levels are suspended, without prejudice to activities relating to courses for transversal skills and for orientation, as well as internship activities referred to in the decree of the Minister of Education, University and Research of 10 September 2010, n. 249, to be carried out in cases where it is possible to guarantee compliance with the health and safety provisions in force;
- u) the Universities, after consulting the relevant Regional University Committee, prepare, based on the trend of the epidemiological picture, plans for organizing teaching and curricular activities which take into account the training needs and the evolution of the territorial pandemic picture and the corresponding health safety needs; training and curricular activities take place remotely; Only the training and curricular activities of the courses relating to the first year of the study courses as well as those of the laboratories can take place in person, in compliance with the guidelines of the Ministry of University and Research, referred to in Annex 18, as well as on the basis of the protocol for the management of confirmed and suspected cases of COVID-19, referred to in Annex 22; the provisions referred to in this letter also apply, to the extent compatible, to institutions of high artistic, musical and dance education;
- v) for the benefit of students who are unable to participate in the educational or curricular activities of universities and institutions of high artistic, musical and dance education, these activities can be carried out, where possible, in a distance mode, identified by the same universities and institutions, also having regard to the specific needs of students with disabilities; universities and institutions ensure, where deemed necessary and in any case identifying the relevant methods, the recovery of training activities, as well as curricular ones, or any other test or verification, even intermediate, which are functional to the completion of the educational path; the absences accrued by the students referred to in this letter are not taken into account for the purposes of possible admission to final exams as well as for the purposes of the related evaluations;
- z) the carrying out of the pre-selective and written tests of the public and private competition procedures and those of qualification to practice the professions is suspended, with the exception of cases in which the evaluation of the candidates is carried out exclusively on a curricular basis or electronically, as well as with the exception of competitions for national health service personnel, including, where required, state and qualification exams to practice the profession of surgeon and those for civil protection personnel, without prejudice to compliance with the provisions referred to in the directive of the Minister for Public Administration n. 1 of 25 February 2020 and further updates. The possibility remains for the commissions to proceed with the correction of the written tests via remote connection;
- aa) the administrations to which they belong may, by general directorial decree or similar provision in relation to their respective systems, redefine the teaching and organizational methods of training courses and university courses for personnel of the Police Forces, the Armed Forces, the of information for the security of the Republic and of the National Fire Brigade, also providing for the use of distance learning activities and exams and the possible suppression of tests not yet held, without prejudice to the validity of the exam tests already taken for the purposes of the formation of the final ranking of the course. For the duration of the state of epidemiological emergency, until the continuation of restrictive and/or containment measures thereof, for the carrying out of the competitive procedures called or to be called for access to the roles and qualifications of the Armed Forces, the Police Forces , of the Information System for the Security of the Republic and of the National Fire Brigade, in order to prevent possible phenomena of spread of COVID-19 contagion, the provisions of articles 259 and 260 of the decree-law of 19 May 2020 apply. , n. 34, converted, with amendments, by law 17 July 2020, n. 77;
- bb) the periods of absence from the training courses referred to in letter aa) , in any case connected to the epidemiological phenomenon of COVID-19, do not contribute to reaching the limit of absences, the exceeding of which entails the postponement, the admission to the recovery of the year or dismissal from the same courses;
- cc) patient companions are prohibited from remaining in the waiting rooms of the emergency and reception departments and the emergency rooms (DEA/PS), unless specifically indicated otherwise by the healthcare personnel in charge;
- dd) the access of relatives and visitors to hospitality and long-term care facilities, assisted healthcare residences (RSA), hospices, rehabilitation facilities and residential facilities for the elderly, whether self-sufficient or not, is limited only to cases indicated by the health management of the facility, which is required to adopt the necessary measures to prevent possible transmission of infection;
- ee) taking into account the indications provided by the Ministry of Health, in agreement with the coordinator of the interventions to overcome the coronavirus emergency, the territorial branches of the National Health Service ensure the Ministry of Justice with suitable support for the containment of the spread of the contagion of COVID-19, also through adequate safeguards suitable to guarantee, according to the health protocols developed by the General Directorate of Health Prevention of the Ministry of Health, new entries into penitentiary institutions and penal institutions for minors. Symptomatic cases of new admissions are placed in isolation from other inmates;
- ff) retail commercial activities take place on condition that it is ensured, in addition to the interpersonal distance of at least one metre, that entry takes place in a deferred manner and that it is prevented from staying inside the premises longer than the time necessary to purchase the goods. goods; the aforementioned activities must be carried out in compliance with the contents of protocols or guidelines suitable for preventing or reducing the risk of contagion in the reference sector or in similar areas, adopted by the Regions or by the Conference of Regions and Autonomous Provinces in compliance with the principles contained in the protocols or in national guidelines and in any case in accordance with the criteria set out in Annex 10. The application of the measures set out in Annex 11 is also recommended; on public holidays and days before public holidays, commercial establishments inside shopping centers and markets are closed, with the exception of pharmacies, parapharmacies, healthcare facilities, food outlets, tobacconists and newsstands;
- days) the activities of catering services (including bars, pubs, restaurants, ice cream parlors, pastry shops) are permitted from 5.00 am to 6.00 pm; consumption at the table is allowed for a maximum of four people per table, unless they all live together; after 6.00 pm the consumption of food and drinks in public places open to the public is prohibited; catering in hotels and other accommodation facilities remains permitted without time limits, limited to their customers who are staying there; catering with home delivery is always permitted in compliance with hygiene and health regulations for both packaging and transport activities, as well as take-away catering until 10.00 pm, with a ban on consumption on site or nearby; the activities referred to in the first period remain permitted provided that the Regions and autonomous Provinces have previously ascertained the compatibility of the carrying out of the aforementioned activities with the progress of the epidemiological situation in their territories and that they identify the applicable protocols or guidelines suitable for prevent or reduce the risk of contagion in the reference sector or in similar sectors; said protocols or guidelines are adopted by the Regions or by the Conference of Regions and Autonomous Provinces in compliance with the principles contained in the national protocols or guidelines and in any case in coherence with the criteria set out in Annex 10; canteen and continuous catering activities continue to be permitted on a contractual basis, which guarantee the interpersonal safety distance of at least one metre, within the limits and conditions referred to in the previous period;
- hh) food and drink outlets located in the service and refueling areas located along motorways, in hospitals and at airports remain open, with the obligation to ensure in any case that the interpersonal distance of at least one meter is respected;
- ii) activities relating to personal services are permitted provided that the Regions and autonomous Provinces have previously ascertained the compatibility of the performance of the aforementioned activities with the progress of the epidemiological situation in their territories and that they identify the applicable protocols or guidelines suitable for preventing or reducing the risk of contagion in the reference sector or in similar sectors; said protocols or guidelines are adopted by the regions or by the Conference of Regions and Autonomous Provinces in compliance with the principles contained in the national protocols or guidelines and in any case in coherence with the criteria set out in Annex 10;
- ll) banking, financial and insurance services as well as the activity of the agricultural, livestock and agro-food processing sectors, including the supply chains that supply goods and services, remain guaranteed in compliance with health and hygiene standards;
- mm) on board public transport of local transport and regional railway transport, with the exclusion of dedicated school transport, a load factor of no more than 50 percent is permitted; said coefficient replaces the different ones provided for in the protocols and guidelines in force; the President of the Region orders the programming of the service provided by local public transport companies, including non-scheduled ones, aimed at reducing and eliminating services in relation to the health interventions necessary to contain the COVID-19 emergency on the basis of actual needs and for the sole purpose of ensuring the minimum essential services, the provision of which must, however, be modulated in such a way as to avoid overcrowding of means of transport in the time slots of the day in which the greatest presence of users is recorded. For the same purposes, the Minister of Infrastructure and Transport, with a decree adopted in agreement with the Minister of Health, may order, in order to contain the COVID-19 health emergency, reductions, suspensions or limitations in transport services, including international, automotive, rail, air, maritime and inland waters, including by imposing specific obligations on users, crews, as well as carriers and shipowners;
- nn) with regard to professional activities it is recommended that:
1) they are also implemented through agile working methods, where they can be carried out at home or remotely;
2) paid holidays and leaves for employees are encouraged as well as the other tools provided for by collective bargaining;
3) anti-contagion safety protocols are adopted, without prejudice to the obligation to use respiratory protection devices required by current legislation, protocols and guidelines;
4) sanitation operations in the workplace are encouraged, also using forms of social safety nets for this purpose;
- oo) the facilities in the ski areas are closed; they can only be used by professional and non-professional athletes, recognized as being of national interest by the Italian National Olympic Committee (CONI), by the Italian Paralympic Committee (CIP) and/or by the respective federations to allow preparation aimed at holding competitions national and international sports or the holding of such competitions. The facilities are open to amateur skiers only subject to the adoption of specific guidelines by the Conference of Regions and Autonomous Provinces and validated by the Technical-Scientific Committee, aimed at avoiding aggregations of people and, in general, gatherings;
- pp) the activities of the accommodation facilities are carried out on condition that the maintenance of social distancing is ensured, while still guaranteeing the interpersonal safety distance of one meter in the common areas, in compliance with the protocols and guidelines adopted by the Regions or by the Conference of the Regions and the autonomous provinces, suitable for preventing or reducing the risk of contagion and in any case in line with the criteria set out in Annex 10, taking into account the different types of accommodation facilities. In any case, the protocols or guidelines of the Regions concern:
1) access, reception and guest assistance methods;
2) the methods of use of the common areas, without prejudice to the specific provisions adopted for the administration of food and drink and catering activities;
3) hygienic-sanitary measures for the rooms and common areas;
4) access to external suppliers;
5) the methods of carrying out recreational and sporting activities;
6) the provision of any shuttle services available to customers;
7) the methods of informing guests and operators about the safety and risk prevention measures to be followed within the accommodation facilities and in any relevant outdoor spaces.
Article 2
Further measures to contain the contagion in some areas of the national territory characterized by a highly serious scenario and a high level of risk
- With the aim of combating and containing the spread of the Covid-19 virus, by order of the Minister of Health, adopted after consulting the Presidents of the Regions concerned, on the basis of the monitoring of epidemiological data as established in the “Prevention and response to COVID-19″ document : evolution of the strategy and planning in the transition phase for the autumn-winter period”, shared by the Conference of Regions and Autonomous Provinces on 8 October 2020 (Annex 25) as well as on the basis of the data processed by the control room referred to in the Minister’s decree of health 30 April 2020, having consulted the Technical Scientific Committee on the monitored data, the Regions that are placed in a “type 3 scenario” and with a “high” risk level referred to in the aforementioned Prevention document are identified.
- By order of the Minister of Health adopted pursuant to paragraph 1, in agreement with the president of the Region concerned, the exemption of the application of the measures referred to in paragraph 4.
- The Minister of Health, at least weekly, according to the procedure referred to in paragraph 1, verifies the continuation of the conditions referred to in paragraphs 1 and 2 and provides an order for the updating of the relevant list, without prejudice to the permanence for 14 days in a risk level or scenario lower than that which determined the restrictive measures entails the new classification. The ordinances referred to in the previous paragraphs are effective for a minimum period of 15 days and in any case no later than the effective date of this decree.
- Starting from the day following the publication in the Official Journal of the ordinances referred to in paragraph 1, the following containment measures are applied in the Regions identified therein:
- a) any movement into and out of the territories referred to in paragraph 1 is prohibited, except for movements motivated by proven work needs or situations of necessity or for health reasons. However, travel strictly necessary to ensure the carrying out of face-to-face teaching is permitted within the limits within which it is permitted. Return to your home, home or residence is permitted. Transit through the territories referred to in paragraph 1 is permitted if necessary to reach further territories not subject to travel restrictions or in cases where travel is permitted pursuant to this decree;
- b) any movement by public or private means of transport in a municipality other than that of residence, domicile or home is prohibited, except for proven work or study needs, for health reasons, for situations of necessity or to carry out activities or use services that are not suspended and not available in that municipality;
- c) the activities of catering services (including bars, pubs, restaurants, ice cream parlors, pastry shops) are suspended, with the exception of canteens and continuous catering on a contractual basis, provided that the protocols or guidelines aimed at preventing or contain the contagion. Only catering with home delivery remains permitted in compliance with health and hygiene standards for both packaging and transport activities, as well as take-away catering until 10.00 pm, with a ban on consumption on site or nearby. However, food and drink outlets located in the service and refueling areas located along motorways, in hospitals and at airports remain open, with the obligation to ensure in any case that the interpersonal distance of at least one meter is respected.
- The measures provided for in the other articles of this decree, with the exception of article 3, also apply to the territories referred to in this article, where similar more rigorous measures are not foreseen for such territories.
Article 3
Further measures to contain the contagion in some areas of the national territory characterized by a scenario of maximum severity and a high level of risk
- With the aim of combating and containing the spread of the Covid-19 virus, by order of the Minister of Health, adopted after consulting the Presidents of the Regions concerned, on the basis of the monitoring of epidemiological data as established in the “Prevention and response to COVID-19″ document : evolution of the strategy and planning in the transition phase for the autumn-winter period”, shared by the Conference of Regions and Autonomous Provinces on 8 October 2020 (Annex 25) as well as on the basis of the data processed by the control room referred to in the minister’s decree of health 30 April 2020, having consulted the Technical Scientific Committee on the monitored data, the Regions that are placed in a “type 4 scenario” and with a “high” risk level referred to in the aforementioned Prevention document are identified.
- By order of the Minister of Health adopted pursuant to paragraph 1, in agreement with the president of the Region concerned, the exemption of the application of the measures referred to in paragraph 4.
- The Minister of Health, at least weekly, according to the procedure referred to in paragraph 1, verifies the continuation of the conditions referred to in paragraphs 1 and 2 and provides an order for the updating of the relevant list, without prejudice to the fact that the stay for 14 days in a level of risk or scenario lower than that which determined the restrictive measures leads to the new classification. The ordinances referred to in the previous paragraphs are effective for a minimum period of 15 days and in any case no later than the effective date of this decree.
- Starting from the day following the publication in the Official Journal of the ordinances referred to in paragraph 1, the following containment measures are applied in the Regions identified therein:
- a) any movement into and out of the territories referred to in paragraph 1, as well as within the same territories, is prohibited, except for movements motivated by proven work needs or situations of necessity or for health reasons. However, travel strictly necessary to ensure the carrying out of face-to-face teaching is permitted within the limits within which it is permitted. Return to your home, home or residence is permitted. Transit through the territories referred to in paragraph 1 is permitted if necessary to reach further territories not subject to travel restrictions or in cases where travel is permitted pursuant to this decree;
- b) retail commercial activities are suspended, with the exception of the sales activities of food and basic necessities identified in Annex 23, both in neighborhood businesses and in medium and large sales structures, including those included in shopping centres, provided that access is permitted only to the aforementioned activities and without prejudice to the closures on holidays and days before holidays referred to in article 1, paragraph 9, letter. ff). The markets are closed, regardless of the type of activity carried out, except for activities aimed at the sale of food only. Newsstands, tobacconists, pharmacies and parapharmacies remain open;
- c) the activities of catering services (including bars, pubs, restaurants, ice cream parlors, pastry shops) are suspended, with the exception of canteens and continuous catering on a contractual basis, provided that the protocols or guidelines aimed at preventing or contain the contagion. Only catering with home delivery remains permitted in compliance with health and hygiene standards for both packaging and transport activities, as well as take-away catering until 10.00 pm, with a ban on consumption on site or nearby. However, food and drink outlets located in the service and refueling areas located along motorways, in hospitals and at airports remain open, with the obligation to ensure in any case that the interpersonal distance of at least one meter is respected;
- d) all activities envisaged by article 1, paragraph 9, letters f) and g), including those carried out in outdoor sports centres, are suspended; all events and competitions organized by sports promotion bodies are also suspended;
- e) it is permitted to individually carry out physical activities near one’s home provided that the distance of at least one meter from any other person is respected and with the obligation to use respiratory protection devices; sporting activities exclusively outdoors and individually are also permitted;
- f) without prejudice to the presence of nursery schools, primary schools, and educational services for children referred to in Article 2 of Legislative Decree 13 April 2017, no. 65 and the first year of attendance at lower secondary school, scholastic and teaching activities are carried out exclusively remotely. This remains without prejudice to the possibility of carrying out activities in person if the use of laboratories is necessary or in order to maintain an educational relationship that achieves the effective scholastic inclusion of pupils with disabilities and special educational needs, in accordance with the provisions of Ministerial Decree no. . 89 of Education of 7 August 2020, and by the ordinance of the Minister of Education 134 of 9 October 2020, guaranteeing in any case the online connection with the students of the class who are in integrated digital teaching;
- g) attendance of training and curricular activities of universities and institutions of high artistic, musical and dance education is suspended, without prejudice in any case to the continuation of such activities remotely. The courses for doctors in specialist training, the specific training courses in general medicine, as well as the activities of trainees in the health professions and other educational or curricular activities, possibly identified by the Universities, after consulting the relevant Regional University Committee, can continue , where necessary, even in presence mode. In any case, compliance with the guidelines of the Ministry of University and Research, referred to in Annex 18, remains unchanged, as well as on the basis of the protocol for the management of confirmed and suspected cases of COVID-19, referred to in Annex 22. ; the provisions referred to in this letter also apply, to the extent compatible, to institutions of high artistic, musical and dance education;
- h) activities relating to personal services, other than those identified in Annex 24, are suspended;
- i) public employers limit the presence of staff in the workplace to ensure exclusively the activities that they deem non-deferrable and which necessarily require such presence, also due to the management of the emergency; staff who are not present carry out their work in an agile manner.
- The measures provided for in the other articles of this decree also apply to the territories referred to in this article, where similar more rigorous measures are not envisaged for these territories.
Article 4
Contagion containment measures for the safe carrying out of industrial and commercial production activities
- Throughout the national territory, all industrial and commercial production activities, without prejudice to the provisions of article 1, comply with the contents of the shared protocol regulating measures to combat and contain the spread of the COVID-19 virus in the signed work environments. on 24 April 2020 between the Government and the social partners referred to in Annex 12, as well as, for their respective areas of competence, the shared regulatory protocol for the containment of the spread of COVID-19 on construction sites, signed on 24 April 2020 between the Minister of Infrastructure and Transport, the Minister of Labor and Social Policies and the social partners, referred to in Annex 13, and the shared regulatory protocol for the containment of the spread of COVID-19 in the transport and logistics sector signed on 20 March 2020, referred to in Annex 14.
Article 5
Information and prevention measures throughout the national territory
- The following measures also apply throughout the national territory:
- healthcare personnel comply with the appropriate measures for the prevention of the spread of respiratory infections provided for by current legislation and by the Ministry of Health on the basis of the indications of the World Health Organization and the managers of the individual structures ensure that the indications for sanitization are applied and the disinfection of environments provided by the Ministry of Health;
- in order to make contact tracing more effective through the use of the Immuni App, the health worker of the Prevention Department of the local health company, by accessing the central Immuni system, is required to upload the key code in the presence of a case of positivity;
- the application of the health and hygiene prevention measures referred to in Annex 19 is recommended;
- in educational services for children pursuant to legislative decree 13 April 2017, n. 65, in schools of all levels, in universities, in the offices of the remaining public administrations, information on the health and hygiene prevention measures referred to in Annex 19 is displayed in the areas open to the public, i.e. those with the greatest crowding and transit. ;
- the mayors and trade associations promote the dissemination of information on the health and hygiene prevention measures referred to in Annex 19 also in commercial establishments;
- in public administrations and, in particular, in the areas of access to health service facilities, as well as in all places open to the public, in compliance with the provisions of the directive of the Minister for Public Administration of 25 February 2020, n. 1, disinfectant solutions for hand hygiene are made available to employees, as well as users and visitors;
- public transport companies, including long-distance ones, adopt extraordinary measures to sanitize their vehicles, repeated on a regular basis
- In preparing, also through the adoption of specific protocols, the measures necessary to guarantee the progressive reopening of all public offices and the safe return of its employees in the manner referred to in Article 263 of the Legislative Decree of 19 May 2020, n. 34, converted with amendments, by law 17 July 2020, n. 77, public administrations ensure compliance with the current health protection provisions adopted by the competent authorities.
- The public administrations referred to in article 1, paragraph 2, of the legislative decree of 30 March 2001, n. 165, ensure the highest possible percentages of agile working, compatible with the organizational potential and with the quality and effectiveness of the service provided with the methods established by one or more decrees of the Minister of Public Administration, guaranteeing at least the percentage referred to in Article 263, paragraph 1, of the legislative decree of 19 May 2020, n. 34, converted with amendments by law 17 July 2020, n. 77.
- In public administrations, taking into account the evolving epidemiological situation, each manager:
- a) organizes its office ensuring, on a daily, weekly or multi-weekly basis, the performance of smart working in the highest possible percentage, and in any case to an extent not lower than that required by law, of the staff responsible for the activities that can be carried out according to this methods, compatible with the organizational potential and effectiveness of the service provided;
- b) adopts towards the employees referred to in article 21-bis of the legislative decree of 14 August 2020, n. 104, converted, with amendments, by law 13 October 2020, n. 126, as well as normally with regard to fragile workers, any useful solution to ensure the carrying out of activities in agile mode also through the assignment to a different task included in the same category or classification area as defined by the collective agreements in force, and the carrying out of specific professional training activities.
- Public administrations provide for a differentiation of entry and exit times for personnel, with the exception of healthcare and social healthcare personnel, as well as those engaged in activities related to the emergency or in essential public services. Differentiation of staff entry times is also recommended by private employers.
- The use of the agile working method by private employers is strongly recommended, pursuant to article 90 of the legislative decree of 19 May 2020, n. 34, converted with amendments by law 17 July 2020, n. 77, as well as the provisions of the protocols referred to in annexes 12 and 13 to this decree.
Article 6
Limitations on travel to and from abroad
- Travel to and from the States and territories referred to in list E of Annex 20, as well as entry and transit in the national territory for persons who have transited or stayed in the States and territories referred to in the same list E in the fourteen days are prohibited. antecedents, as well as movements to the States and territories referred to in list F of Annex 20, unless one or more of the following reasons apply, proven by means of the declaration referred to in Article 7, paragraph 1:
- a) work needs;
- b) absolute urgency;
- c) health needs;
- d) study needs;
- e) return to one’s home, home or residence;
- f) entry into the national territory by citizens of Member States of the European Union, of States party to the Schengen Agreement , of the United Kingdom of Great Britain and Northern Ireland, of Andorra, of the Principality of Monaco, of the Republic of San Marino, of the Vatican City State;
- g) entry into the national territory by family members of the natural persons referred to in letter f), as defined by articles 2 and 3 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of Union citizens and their family members to move and reside freely within the territory of the Member States, which amends Regulation (EEC) No. 1612/68 and repeals directives 64/221/EEC , 68/360/EEC , 72/194/EEC , 73/148/EEC , 75/34/EEC , 75/35/EEC , 60/364/EEC, 90 /365/EEC and 93/96/EEC ;
- h) entry into the national territory by third-country nationals who are long-term residents pursuant to Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents, as well as of citizens of third countries who derive the right of residence from other European provisions or from national legislation;
- i) entry into the national territory by family members of the natural persons referred to in letter h), as defined by articles 2 and 3 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of Union citizens and their family members to move and reside freely within the territory of the Member States, which amends Regulation (EEC) No. 1612/68 and repeals directives 64/221/EEC , 68/360/EEC , 72/194/EEC , 73/148/EEC , 75/34/EEC , 75/35/EEC , 60/364/EEC, 90 /365/EEC and 93/96/EEC ;
- l) entry into the national territory to reach the domicile, home or residence of a person referred to in letters f) and h), even if not cohabiting, with whom there is a proven and stable emotional relationship.
- Entry and transit in the national territory are prohibited for persons who have transited or stayed in the States and territories listed in list F of Annex 20 in the previous fourteen days, except in the following cases:
- a) persons referred to in paragraph 1, letters f), g), h) and i) with registered residence in Italy from a date prior to that indicated in list F of Annex 20 with the obligation to present to the carrier at the time of boarding and to anyone responsible for carrying out the checks, a certification of having undergone, in the 72 hours prior to entering the national territory, a molecular or antigen test, carried out by means of a swab and with a negative result;
- b) crew and traveling personnel of means of transport;
- c) officials and agents, however named, of the European Union or of international organisations, diplomatic agents, administrative and technical staff of diplomatic missions, consular officials and employees, military and police force personnel, Italian and foreign, personnel of the information for the safety of the Republic and of the firefighters, in the exercise of their functions.
- Without prejudice to the limitations established for specific areas of the national territory pursuant to article 1, paragraph 3, of legislative decree no. 33 of 2020 , as well as the limitations established in relation to origin from specific states and territories pursuant to article 1, paragraph 4, of legislative decree no. 33 of 2020 .
Article 7
Declaration obligations when entering the national territory from abroad
- Without prejudice to the prohibitions and limitations on entry into Italy established in article 6, anyone who enters the national territory for any duration from foreign states or territories referred to in lists B, C, D, E and F of annex 20 is required to deliver to the carrier upon boarding and to anyone responsible for carrying out checks a declaration made pursuant to articles 46 and 47 of the decree of the President of the Republic of 28 December 2000, n. 445 , containing the indication in a clear and detailed manner, such as to allow verification, of:
- a) Foreign countries and territories in which the person stayed or transited in the fourteen days prior to entry into Italy;
- b) reasons for the movement in accordance with Article 6, in the case of entry from States and territories referred to in lists E and F of Annex 20;
- c) in the case of stay or transit in the fourteen days prior to entry into Italy in one or more States and territories referred to in lists D, E and F of Annex 20:
1) complete address of the home or residence in Italy where the period of health surveillance and fiduciary isolation will be carried out;
2) private means of transport that will be used to reach the place referred to in number 1) or, exclusively in the case of entry into Italy by scheduled air transport, further scheduled air transport which is expected to be used to reach the location of final destination and the identification code of the travel document;
3) telephone number, including mobile, at which to receive communications during the entire period of health surveillance and fiduciary isolation;
4) possible existence of one or more circumstances referred to in article 8, paragraphs 7 and 8.
- In the cases expressly provided for by this decree and in other cases in which this is prescribed by the health authority as part of the safety protocols provided for by this decree, it is mandatory to present to the carrier upon boarding and to anyone appointed to carry out the checks, a certification of having undergone, in the 72 hours prior to entering the national territory, a molecular or antigen test, carried out by means of a swab and with a negative result.
- Persons who have stayed or transited, in the fourteen days prior to entry into Italy, in states or territories listed in lists C, D, E and F of Annex 20, even if asymptomatic, are obliged to immediately communicate their entry into the national territory to the Prevention Department of the health company responsible for the territory.
- In the event of the onset of COVID-19 symptoms, the obligation remains for anyone to promptly report this situation to the Health Authority and to undergo isolation, pending the consequent decisions of the Health Authority.
Article 8
Health surveillance and fiduciary isolation and obligations to undergo a molecular or antigen test following entry into the national territory from abroad
- Persons who have stayed or transited, in the fourteen days prior to entry into Italy, in states or territories listed in lists D, E and F of Annex 20, even if asymptomatic, comply with the following obligations:
- a) complete the journey from the place of entry into the national territory or from the place of disembarkation from the scheduled vehicle used to enter Italy to the home or residence where the period of health surveillance and fiduciary isolation will be carried out exclusively with the private vehicle indicated pursuant to article 7, paragraph 1, letter c), without prejudice to the case of airport transit referred to in paragraph 3;
- b) are subjected to health surveillance and fiduciary isolation for a period of fourteen days at the home or residence indicated pursuant to article 7, paragraph 1, letter c).
- By way of derogation from paragraph 1, letter a), in the event of entry into the national territory by scheduled air transport, it is permitted to continue the journey to the final destination indicated in the declaration referred to in article 7 by another scheduled means of transport, paragraph 1, letter c), provided that they do not leave the specifically designated areas inside the terminals.
- In the case referred to in paragraphs 1 and 2, if from the place of entry into the national territory or from the place of disembarkation from the scheduled vehicle used to enter Italy it is not possible to actually reach the home or residence by private means of transport , indicated as the place where the period of health surveillance and fiduciary isolation is carried out, without prejudice to the assessment by the judicial authority regarding the possible falsity of the declaration made upon boarding pursuant to article 7, paragraph 1, letter c), the competent health authority for the territory immediately informs the regional civil protection which, in coordination with the civil protection department of the Presidency of the Council of Ministers, determines the methods and place where to carry out health surveillance and fiduciary isolation, with expenses borne exclusively by the people subjected to the aforementioned measure. In the event of the onset of COVID-19 symptoms, the subjects referred to in the previous period are obliged to promptly report this situation to the Health Authority.
- With the exception of cases in which there is the onset of COVID-19 symptoms, during the period of health surveillance and fiduciary isolation carried out according to the methods set out in paragraphs 1 to 3, it is always permitted for people subjected to such measures to start the calculation of a new period of health surveillance and fiduciary isolation in another home or residence, different from that previously indicated by the Health Authority, provided that the declaration required by article 7, paragraph 1, integrated with the indication of the the itinerary you intend to follow, and ensuring that the transfer to the new home or residence takes place exclusively by private means of transport. The Health Authority, having received the communication referred to in the previous period, immediately forwards it to the Prevention Department of the territorially competent health company in relation to the place of destination for the relevant checks and verifications.
- The public health operator and the territorially competent public health services shall ensure, on the basis of the communications referred to in this article, the prescription of home stay, according to the methods indicated below:
- a) contact by telephone and obtain information, as detailed and documented as possible, on the areas of stay and on the route of the trip carried out in the previous fourteen days, for the purposes of an adequate assessment of the risk of exposure;
- b) once health surveillance and fiduciary isolation have been started, the public health operator also informs the general practitioner or pediatrician of free choice by whom the subject is assisted also for the purposes of any certification for INPS purposes (INPS circular HERMES 25 February 2020 0000716 of 25 February 2020);
- c) in case of need for certification for INPS purposes for absence from work, a declaration is issued addressed to INPS, the employer and the general practitioner or pediatrician of free choice in which it is declared that for public health reasons he was placed in precautionary quarantine, specifying the start and end date;
- d) verify the absence of fever or other symptoms of the subject to be placed in isolation, as well as any other cohabitants;
- e) inform the person about the symptoms, the characteristics of contagiousness, the methods of transmission of the disease, the measures to be implemented to protect any cohabitants in the event of the appearance of symptoms;
- f) inform the person about the need to measure body temperature twice a day (in the morning and in the evening), as well as to maintain:
1) the state of isolation for fourteen days from the last exposure;
2) the ban on social contacts;
3) the ban on travel and movement;
4) the obligation to remain reachable for surveillance activities;
- g) in the event of the appearance of symptoms, the person under surveillance must:
1) immediately notify the general practitioner or pediatrician of free choice and the public health operator;
2) wear a surgical mask and distance yourself from other cohabitants;
3) remain in your room with the door closed ensuring adequate natural ventilation, awaiting transfer to hospital, where necessary;
- h) the public health operator contacts the person under surveillance on a daily basis to obtain information on the health conditions. In the event of the appearance of symptoms, after consulting the general practitioner or pediatrician of free choice, the public health doctor proceeds in accordance with the provisions of circular no. 5443 of the Ministry of Health of 22 February 2020 , and subsequent amendments and additions.
- In the case of stay or transit in the fourteen days prior to entry into Italy in one or more States and territories referred to in list C of Annex 20, the following alternative prevention measures apply:
- a) obligation to present to the carrier upon boarding and to anyone appointed to carry out the checks the certification of having undergone, in the 72 hours prior to entry into the national territory, a molecular or antigen test, carried out by means of swab and negative result;
- b) obligation to undergo a molecular or antigen test, to be carried out by means of a swab, upon arrival at the airport, port or border location, where possible, or within 48 hours of entering the national territory at the company local healthcare provider; while waiting to undergo the test at the local health authority of reference, people are subjected to fiduciary isolation at their home or residence.
- Provided that no symptoms of COVID-19 arise and without prejudice to the obligations referred to in Article 7, the provisions referred to in paragraphs 1 to 6 do not apply:
- a) to the crew of the means of transport;
- b) to traveling personnel;
- c) movements to and from the States and territories referred to in list A of Annex 20;
- d) entry for work purposes regulated by special safety protocols, approved by the competent health authority;
- e) to entries for non-deferrable reasons, including participation in international sporting events and trade fairs, subject to authorization from the Ministry of Health and with the obligation to present to the carrier upon boarding and to anyone appointed to carry out the checks a certification of having undergone, in the 72 hours prior to entering the national territory, a molecular or antigen test, carried out by means of a swab and with a negative result.
- Provided that no symptoms of COVID-19 arise and that there have been no stays or transits in one or more countries listed in list F of Annex 20 in the fourteen days prior to entry into Italy, without prejudice to the obligations set out in article 7, the provisions referred to in paragraphs 1 to 6 do not apply:
- a) to anyone who enters Italy for a period not exceeding 120 hours for proven work, health or absolute urgency needs, with the obligation, upon expiry of said term, to immediately leave the national territory or, failing that, to begin the period of surveillance and fiduciary isolation in accordance with paragraphs 1 to 5;
- b) to anyone who transits, by private means, in Italian territory for a period not exceeding 36 hours, with the obligation, upon expiry of said period, to immediately leave the national territory or, failing that, to begin the surveillance period and fiduciary isolation in accordance with paragraphs 1 to 5;
- c) to citizens and residents of a Member State of the European Union and of the other States and territories indicated in lists A, B, C and D of Annex 20 who enter Italy for proven work reasons, except in the fourteen days prior to entry into Italy they have stayed or transited in one or more states and territories listed in list C;
- d) to healthcare personnel entering Italy for the exercise of professional healthcare qualifications, including the temporary exercise referred to in article 13 of the legislative decree of 17 March 2020, n. 18 , converted, with amendments, by law 24 April 2020, n. 27 ;
- e) to cross-border workers entering and leaving the national territory for proven work reasons and for the consequent return to their residence, home or abode;
- f) to personnel of companies and entities with registered or secondary headquarters in Italy for travel abroad for proven work needs lasting no more than 120 hours;
- g) officials and agents, however named, of the European Union or of international organisations, diplomatic agents, administrative and technical staff of diplomatic missions, consular officials and employees, military personnel and Italian police forces and foreign, to the personnel of the Information System for the Security of the Republic and the firefighters in the exercise of their functions;
- h) to pupils and students for attending a course of study in a State other than that of residence, home or abode, to which they return every day or at least once a week.
Article 9
Obligations of carriers and shipowners
- Carriers and shipowners are required to:
- a) acquire and verify the declaration referred to in article 7 before boarding;
- b) measure the temperature of individual passengers;
- c) prohibit boarding to anyone who exhibits a fever, as well as in the event that the declaration referred to in letter a) is not complete;
- d) adopt the organizational measures that, in accordance with the «Shared regulatory protocol for the containment of the spread of COVID-19 in the transport and logistics sector» of the sector signed on 20 March 2020, referred to in Annex 14, as well as the «Guidelines for informing users and organizational methods for containing the spread of COVID-19 in public transport» referred to in Annex 15, ensure at all times during the journey an interpersonal distance of at least one meter between passengers transported;
- e) have the crew and passengers use individual means of protection and indicate the situations in which they can be temporarily and exceptionally removed;
- f) provide, upon boarding, passengers who do not have personal protective equipment.
- In exceptional cases and, in any case, exclusively in the presence of needs for the protection of citizens abroad and the fulfillment of international and European obligations, including those deriving from the implementation of Directive (EU) 2015/637 of the Council of 20 April 2015 , on coordination and cooperation measures to facilitate consular protection of citizens of the Union not represented in third countries and repealing Decision 95/553/EC, by decree of the Minister of Infrastructure and Transport, adopted on the proposal of the Minister of Foreign Affairs and of international cooperation and in agreement with the Minister of Health, specific and temporary exceptions to the provisions of this article may be envisaged.
Article 10
Provisions regarding cruise ships and foreign flag ships
- Cruise services by Italian flag passenger ships can only be carried out in compliance with the specific guidelines set out in Annex 17 of this decree, validated by the technical-scientific committee referred to in article 2 of the ordinance of 3 February 2020 , n. 630, of the Head of the Civil Protection Department , starting from 15 August 2020.
- Cruise services can be used by those who are not subject to or obliged to comply with health surveillance and/or fiduciary isolation measures and who have not stayed or transited in the states or territories referred to in lists C in the fourteen days prior to boarding. , D, E and F of Annex 20. In case of stay or transit in States or territories listed in list C, article 8, paragraph 6 applies.
- For the purposes of authorizing the cruise, before the ship’s departure, the Commander presents a specific declaration to the Maritime Authority which shows:
- a) the preparation of all the measures necessary to comply with the guidelines referred to in paragraph 1;
- b) the subsequent ports of call and the port of end of the cruise, with the relevant arrival/departure dates;
- c) the nationality and origin of the passengers embarked in compliance with the provisions referred to in the previous paragraph.
- Without prejudice to the provisions of paragraph 2, second sentence, foreign flag ships employed in cruise services are permitted to enter Italian ports if the latter come from ports of call located in states or territories referred to in lists A , B and C of Annex 20 and all embarked passengers have not stayed or transited in the fourteen days prior to entry into the Italian port in the States or territories referred to in lists D, E and F of Annex 20, as well as after certification regarding compliance, on board the ship, with the guidelines referred to in paragraph 1. The Commander of the ship presents to the maritime authority, at least twenty-four hours before the vessel lands, a specific declaration containing the indications referred to in paragraph 3.
- Stopovers are permitted only in the states and territories listed in lists A, B and C of Annex 20 and free excursions are prohibited, for which the cruise services cannot adopt specific measures to prevent contagion.
Article 11
Measures regarding scheduled public transport
- In order to combat and contain the spread of the COVID-19 virus, public transport activities on land, sea, rail, air, lakes and inland waters are carried out, also on the basis of the provisions of the «Shared regulatory protocol for the containment of the spread of COVID-19 in the transport and logistics sector” of the sector signed on 20 March 2020, referred to in Annex 14, as well as the “Guidelines for informing users and organizational methods for containment of the spread of COVID-19 in public transport”, referred to in Annex 15.
- In relation to new organizational or functional needs, the Minister of Infrastructure and Transport with his own decree, to be adopted in agreement with the Minister of Health, may integrate or modify the «Guidelines for information to users and organizational methods for the containment of the spread of COVID-19 in public transport”, referred to in Annex 15, as well as, subject to agreement with the signatories, the “Shared regulatory protocol for the containment of the spread of COVID-19 in the transport sector and of logistics” of the sector signed on 20 March 2020, referred to in Annex 14.
Article 12
Additional disability-specific provisions
- Social and socio-health activities provided with authorization or in agreement, including those provided within or by semi-residential centers for people with disabilities, whatever their name, of a socio-welfare, socio-educational, multifunctional, social nature -occupational, health and socio-health are carried out according to territorial plans, adopted by the Regions, ensuring through any specific protocols compliance with the provisions for the prevention of contagion and the protection of the health of users and operators.
- People with motor disabilities or autism spectrum disorders, intellectual or sensory disabilities or psychiatric and behavioral problems or non-self-sufficient people with the need for support, can reduce social distancing with their companions or assistance operators, operating in any capacity, beyond below the foreseen distance, and, in any case, the same people are always allowed, with the aforementioned methods, to carry out physical activities even outdoors.
Article 13
Execution and monitoring of measures
- The territorially competent prefect, by informing the Minister of the Interior in advance, ensures the execution of the measures referred to in this decree, as well as monitors the implementation of the remaining measures by the competent administrations. The prefect makes use of the police force, with the possible assistance of the national fire brigade and, for health and safety in the workplace, of the national labor inspectorate and the carabinieri command for the protection of employment, as well as, where necessary, of the Armed Forces, having consulted the competent territorial commands, communicating this to the President of the Region and of the autonomous Province concerned.
Article 14
Final provisions
- The provisions of this decree apply from 5 November 2020, replacing those of the decree of the President of the Council of Ministers of 24 October 2020 , and are effective until 3 December 2020.
- The provisions of this decree apply to the Regions with special statute and to the autonomous Provinces of Trento and Bolzano compatibly with the respective statutes and related implementation rules.
Rome, 3 November 2020
The President of the Council of Ministers
The Minister of Health