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State of emergency extended to January 31, 2021 and obligation to always carry the mask with you. Here is the latest draft of the decree law with the anti-Covid measures that reaches the Council of Ministers today. The provision establishes the “obligation to always carry respiratory protection devices, with the possibility of making their use mandatory in interior places accessible to the public, including means of transport.” It also provides for the possibility of having to wear a mask “in all places outdoors when close to other people who do not live together, and in any case with the exception of the anti-contagion protocols provided for specific economic, productive and social activities, as well as the lines “. guide for the consumption of food and beverages “. The exceptions refer to” those who are doing sports “,” children under six years old “,” those who have pathologies or disabilities incompatible with the use of the mask, as well as that, when interacting with the aforementioned, they are in the same incompatibility “.”.
Here is the text of the latest draft of the provision.
OUTLINE OF THE DECREE-LAW CONTAINING URGENT MEASURES RELATED TO THE EXPIRATION OF THE DECLARATION OF EPIDEMIOLOGICAL EMERGENCY DUE TO COVID-19 RESOLVED ON ……. 2020 AND FOR THE OPERATIONAL CONTINUITY OF THE COVID ALERT SYSTEM, AS WELL AS THE APPLICATION OF DIRECTIVE (EU) 2020/739 OF JUNE 3, 2020
.
THE PRESIDENT OF THE REPUBLIC
Having regard to articles 77 and 87 of the Constitution;
Having regard to Commission directive no. 2020/739 / EU, of June 3, 2020, amending Annex III of Directive 2000/54 / EC of the European Parliament and of the Council with regard to the inclusion of SARS-CoV-2 in the list of agents biologics known to cause infectious diseases in humans;
Taking into account that the World Health Organization has declared the COVID-19 pandemic;
Considering the extraordinary need and urgency of adopting adequate and proportionate measures to combat and contain the spread of the aforementioned virus;
Whereas the contagion curve in Italy shows that the spread of the virus persists, causing even outbreaks of considerable size, and that, therefore, the objective conditions exist to maintain the emergency and urgency provisions aimed at containing the spread of the virus;
Considering the extraordinary need and urgency of implementing Commission Directive No. 2020/739 / EU of June 3, 2020 before the transposition deadline set for November 24, 2020;
Considering the extraordinary need and urgency to expand the provisions of the decree-law of March 25, 2020, n. 19, converted, with modifications, by law May 22, 2020, n. 35, and by article 3, paragraph 1, of the decree-law of May 16, 2020, n. 33, converted, with modifications, by law July 14, 2020, n. 74, to the decree-law of July 30, 2020, n. 83, converted, with modifications, by law September 25, 2020, n. 124;
Withholding also ……………………………………
Given the resolution of the Council of Ministers, adopted at the meeting of;
At the proposal of the President of the Council of Ministers, the Minister of Health, in agreement with the Minister of Economy and Finance;
EMANA
the following decree-law:
ART 1.
(Urgent measures strictly related to the extension of the declaration of the state of emergency of COVID 19)
1. In article 1 of the decree-law of March 25, 2020, n. 19, converted, with modifications, by law May 22, 2020, n. 35, the following changes are made:
a) in paragraph 1, the words “October 15, 2020” are replaced by the following: “January 31, 2021”;
b) in section 2, after letter hh) the following is added: “hh-bis) obligation to always carry respiratory protection devices, with the possibility of providing for mandatory use in indoor places accessible to the public, including public transport, and in all outdoor places when close to other people who do not live together, and in any case with the exception of the anti-contagion protocols foreseen for specific economic, productive and social activities, as well as guidelines for consumption of food and beverages, being excluded from these obligations:
1) subjects who perform sports activities;
2) children under the age of six;
3) Subjects with pathologies or disabilities incompatible with the use of the mask, as well as those who, when interacting with the previous ones, find themselves in the same incompatibility ”.
2. To the decree-law of May 16, 2020, n. 33, converted, with modifications, by law July 14, 2020, n. 74, the following changes are made:
a) In article 1, paragraph 16, the words “, expanding or restrictive, with respect to those established in the same article 2”, are replaced by the following: “restrictive with respect to those established in the same article 2, or, in only in the cases and in compliance with the criteria established in the aforementioned decrees and in agreement with the Minister of Health, including extensions.
b) In Article 3, paragraph 1, the words “October 15, 2020” are replaced by the following: “January 31, 2021”.
3. In the decree-law of July 30, 2020, n. 83, converted, with modifications, by law September 25, 2020, n. 124, the following changes are made:
a) in Article 1, paragraph 3, the words “October 15, 2020” are replaced by the following: “January 31, 2021”;
b) the following modifications are made to Annex 1:
1) after number 16 the following is inserted:
2) the number 18 is replaced by the following:
3) after the number 33 the following is inserted:
4) after the number 34 the following is added:
5) numbers 28 and 29 are eliminated;
4. In article 87, paragraph 8, of the decree-law of March 17, 2020, n. 18, converted, with modifications, by law April 24, 2020, n. 27, the words “of paragraph 1, first sentence” are replaced by the following: “of paragraphs 6 and 7”.
ART. two
(Operational continuity of the COVID alert system)
1. In article 6 of the decree-law of April 30, 2020, n. 28, converted, with modifications, by the law of June 25, 2020, n. 70, the following changes are made:
In paragraph 3, the following sentence is added at the end: “For the sole purpose indicated in paragraph 1, after an impact assessment in accordance with Article 35 of Regulation (EU) 2016/679, interoperability with platforms that operate , for the same purposes, in the territory of the European Union. “;
In paragraph 6, the words “of the state of emergency established by resolution of the Council of Ministers of January 31, 2020, and in any case no later than December 31, 2020”, are replaced by the following: “the needs prevention and protection of health, linked to that of COVID 19 also of a cross-border nature, identified by decree of the President of the Council of Ministers, at the proposal of the Minister of Health, and in any case until December 31, 2021 “.
ART. 3
(Extension of deadlines in terms of new treatments for ordinary layoffs, ordinary severance payments and severance pay in repeal)
The terms referred to in paragraphs 9 and 10 of article 1, of the decree-law of August 14, 2020, n. 104, which contains “Urgent measures to support and relaunch the economy”, is postponed until October 31, 2020.
ART. 4
(Implementation of Commission Directive (EU) 2020/739 of June 3, 2020, regarding the inclusion of SARS-CoV-2 in the list of biological agents known to be capable of
cause infectious diseases in humans)
1. Annex XLVI of the legislative decree of April 9, 2008, n. 81, in the VIRUS section, after the entry:
Coronaviridae 2
the following is added:
Severe acute respiratory syndrome due to coronavirus 2 (SARS-CoV-2) (1) 3
(1) In accordance with Article 16 (1) (c) of Directive 2000/54 / EC of the European Parliament and of the Council, non-propagative diagnostic laboratory work related to SARS-CoV-2 must be carried out in a facility that uses procedures equivalent to at least containment level 2. Spread work involving SARS-CoV-2 must be performed in a containment level 3 laboratory at air pressure below atmospheric.
ART. 5
(Ultractivity of the decree of the President of the Council of Ministers of September 7, 2020)
1. Pending the adoption of the decrees of the President of the Council of Ministers in accordance with article 2, paragraph 1, of Decree Law no. 19 of 2020, and in any case no later than October 15, 2020, the measures provided for in the decree of the President of the Council of Ministers of September 7, 2020, published in the Official Gazette no. 222, of September 7, 2020, as well as the additional measures, referred to in article 1, paragraph 2, letter hh-bis), of Decree Law No. 19 of 2020, as introduced by this decree, of the obligation to always carry a respiratory protection device, as well as the obligation to carry it in closed places accessible to the public, including means of transport, and in all places on the air free when it is in the vicinity of other people who do not live together, and in any case without prejudice to the anti-contagion protocols provided for certain economic, productive and social activities, as well as the guidelines for the consumption of food and beverages, but excluding the above-mentioned obligations:
1) for those who practice sports;
2) for children under the age of six;
3) for subjects with pathologies or disabilities incompatible with the use of the mask, as well as those who, when interacting with the previous ones, find themselves in the same incompatibility ”.
ART. 6
(Financial invariance clause)
1. The implementation of this decree is carried out within the limits of the resources available in the current legislation and, in any case, without new or greater charges for public finances, with the exception of what is established in paragraph 2.
2. For the implementation of the provisions mentioned in n. 34-bis of annex 1 of the decree-law of July 30, 2020, n. 83, converted, with modifications, by law September 25, 2020, n. 124, modified by this decree, authorizes the additional expense of € 8,681,018 for the year 2020, of which € 1,914,909 for the payment of overtime hours and € 6,766,109 for other expenses related to the employment of personnel. To cover the charges referred to in this paragraph,….
ART.7
(Entry into force)
1. This decree enters into force the day following its publication in the Official Gazette of the Italian Republic and will be presented to the Chambers for its conversion into law.
This decree, which bears the seal of the State, will be included in the Official Collection of legislative acts of the Italian Republic. Every responsible person is obliged to observe it and make it be observed.
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