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DECREE LAW 172/2021 IN FORCE: THE “SUPER GREEN PASS” AND OTHER PROVISIONS

On November 27th, Decree Law No. 172 of November 26, 2021, entered into force, containing “urgent measures for the containment of the Covid-19 epidemic and for the safe conduct of economic and social activities“, which aims to contain the “fourth wave” of the Sars-Cov2 pandemic.

The decree provides, with reference to the fulfillment of the vaccination obligation provided for certain categories of workers, the completion of the primary vaccination cycle and, from December 15, 2021, also the administration of the subsequent booster dose (so-called “third dose” or “booster dose”).

Such booster dose may be administered, after 5 months have elapsed from the completion of the primary vaccination cycle, with one of the m-RNA vaccines authorized in Italy, namely Pfizer or Moderna.

Vaccination is mandatory, free of charge, and constitutes an essential requirement for the exercise of healthcare professions and for operators of healthcare interest.

Among the healthcare professions for which the vaccination obligation applies, those who carry out their activities in public and private healthcare facilities, socio-assistance, socio-healthcare facilities, as well as pharmacies, parapharmacies, professional offices and facilities providing specialized assistance services on an outpatient basis must be included.

Excluded, however, are workers who operate within such facilities but with external contacts.

The vaccination obligation is furthermore extended to school personnel, defense sector personnel (army, navy, air force and carabinieri), security personnel (police, financial police, penitentiary police, coast guard and forestry corps) and public rescue personnel (firefighters), as well as local police and “personnel who carry out their work activity in any capacity under the direct employment of the Department of Prison Administration or the Department for Juvenile and Community Justice, within adult and juvenile penitentiary institutions“.

The validity period of the green pass held by vaccinated persons or those recovered from Covid 19 is 9 months, calculated from the last vaccine administration or from the certificate of recovery.

The green pass may also be issued following the administration of the first dose of vaccine, but in that case it will be valid from the fifteenth day following administration until the date scheduled for completion of the vaccination cycle.

Furthermore, the green pass will also be issued to those who have a negative result from a rapid or molecular test, with validity of 48 or 72 hours respectively from the date of the test.

From December 6, 2021, access to aircraft, ships and ferries, trains, buses, cable cars, chairlifts and ski lifts, means employed in local or regional public transport services will be permitted exclusively to subjects in possession of one of the Covid-19 green certificates.

The green pass will continue to be necessary for access to the workplace.

However, following the amendment to Decree Law No. 52 of April 22, 2021, converted, with modifications, by Law No. 87 of June 17, 2021, access to the following services and activities will be permitted only to subjects in possession of the so-called “super green pass” (i.e., the green pass issued following vaccination or recovery):

  • – catering services;
  • – hotels and accommodation facilities;
  • – public performances, sporting events and competitions, as well as activities taking place in dance halls, discotheques and similar venues;
  • – museums, other cultural institutions and places and exhibitions;
  • – swimming pools, swimming centers, gyms, team sports, wellness centers, also within accommodation facilities, limited to indoor activities, as well as spaces used for changing rooms and showers, with the exclusion of the certification requirement for companions of persons unable to provide for themselves due to age or disability;
  • – festivals and fairs, conferences and congresses;
  • – thermal centers, except for access necessary for the provision of services included in essential assistance levels and for the performance of rehabilitation or therapeutic activities, theme parks and amusement parks;
  • – cultural centers, social and recreational centers, limited to indoor activities and excluding educational centers for children, including summer camps, and related catering activities;
  • – celebrations following civil or religious ceremonies;
  • – gaming rooms, betting rooms, bingo halls and casinos;
  • – public competitions.

These provisions do not apply to subjects under twelve years of age and to subjects exempted from the vaccination campaign, who may therefore benefit from the aforementioned services even without the green certificate.