Christmas Decree 2020 in the Official Gazette, the text

Published on: 12/19/2020 8:41 AM

The 2020 Christmas Decree was published overnight in the Official Gazette. This is the text of the decree, effective as of today, which introduces more urgent provisions to deal with the health risks associated with the spread of the Covid-19 virus:

“The president of the Republic

Having regard to articles 77 and 87 of the Constitution; Considering article 16 of the Constitution, which allows restrictions on freedom of movement for health reasons; Given the decree-law of March 25, 2020, n. 19, converted, with modifications, by law May 22, 2020, n. 35, which contains ‘Urgent measures to face the epidemiological emergency of Covid-19’; Given the decree-law of May 16, 2020, n. 33 converted, with modifications, by law July 14, 2020, n. 74, which contains ‘Other urgent measures to face the epidemiological emergency of Covid-19’; Considering the decree-law of December 2, 2020, n. 158, which contains urgent provisions to deal with the health risks associated with the spread of the Covid-19 virus; Given the resolutions of the Council of Ministers of January 31, 2020, July 29, 2020 and October 7, 2020, which declared and extended the state of emergency in the national territory regarding the risk to health associated with appearance of pathologies derived from transmissible virus agents; Having regard to the declaration of the World Health Organization of March 11, 2020 with which the Covid-19 epidemic was evaluated as a ‘pandemic’ taking into account the levels of diffusivity and severity reached worldwide; Considering the evolution of the epidemiological situation and the particularly widespread nature of the epidemic; Considering the extraordinary need and urgency to integrate the framework of the current containment measures to the spread of the aforementioned virus on the occasion of the Christmas holidays and the beginning of the new year, adopting adequate and immediate measures to prevent and combat the worsening of the epidemiological emergency ; Having regard to the resolution of the Council of Ministers, adopted at the meeting of December 18, 2020; At the proposal of the President of the Council of Ministers and the Minister of Health in consultation with the Minister of Regional and Autonomous Affairs and with the Minister of Economy and Finance; Issues the following decree-law:

Art. 1 Urgent measures for the Christmas holidays and the beginning of the new year

1. Without prejudice to the provisions of article 1, paragraph 2, of decree-law December 2, 2020, n. 158, the measures referred to in article 3 of the decree of the President of the Council of Ministers of December 3, 2020 are applied throughout the national territory on public holidays and prior days between December 24, 2020 and January 6 from 2021; On December 28, 29, 30, 2020 and January 4, 2021, the measures referred to in Article 2 of the same decree of the President of the Council of Ministers of December 3, 2020 are applied, but travel is also allowed. from municipalities with a population of no more than 5,000 inhabitants and for a distance of no more than 30 kilometers from the relative borders, excluding in any case trips to the provincial capitals. During the days between December 24, 2020 and January 6, 2021, the transfer to a single private home, located in the same region, is also allowed once a day, in a period of time between 05:00 and 10 pm, and within the limit of two people, in addition to those who already live there, in addition to those under 14 years of age over whom these people exercise parental authority and disabled or non-self-sufficient people who live together.

2. During the entire period referred to in paragraph 1, the measures adopted by decree of the President of the Council of Ministers in accordance with paragraph 1 of article 2 of the decree-law of March 25 remain valid, for everything not provided for in this decree. 2020, no. 19, converted, with modifications, by law May 22, 2020, n. 35.

3. Violation of the provisions of this decree and those of Decree-Law December 2, 2020, n. 158, is sanctioned in accordance with article 4 of the decree-law of March 25, 2020, n. 19, converted, with modifications, by law May 22, 2020, n. 35.

Art. 2 Non-refundable subsidy to be assigned to the restaurant services company

1. To support the operators of the economic sectors affected by the restrictive measures introduced by this decree-law to contain the spread of the ‘Covid-19’ epidemic, a subsidy is recognized, up to a maximum limit of 455 million euros. for the year 2020 and 190 million euros for the year 2021, in favor of the subjects who, on the date of entry into force of this decree, have an active VAT number and, in accordance with article 35 of the President’s Decree of the Republic of October 26, 1972 n. 633, declare that they carry out as their main activity any of those referred to the Ateco codes listed in the table in Annex 1 of this decree. The contribution is not due to subjects who have activated the VAT number as of December 1, 2020.

2. The non-refundable subsidy is exclusively due to those who have already benefited from the non-refundable subsidy referred to in article 25 of the decree-law of May 19, 2020, n. 34, converted, with modifications, by law July 17, 2020, n. 77, which has not returned the aforementioned snack, and is paid by the Tax Agency by direct payment to the bank or postal current account to which the previous contribution was paid.

3. The amount of the contribution is equal to the contribution already paid in accordance with article 25 of Decree Law No. 34 of 2020.

4. In any case, the amount of the contribution referred to in this article may not exceed € 150,000.00.

5. The provisions of Article 25, paragraphs 7 to 14, of Decree Law No. 34 of 2020.

6. The provisions of this article shall be applied respecting the limits and conditions established in the Communication of the European Commission of March 19, 2020 C (2020) 1863 final “Temporary framework for state aid measures in support of the economy in the Covid-19 Emergency ‘and subsequent modifications.

7. The expenses derived from section 1, equivalent to 455 million euros for the year 2020 and 190 million euros for the year 2021, accrue from the Fund referred to in article 8, section 2, of the Decree. Law November 9, 2020, n. 149, refinanced by article 1, paragraph 1, of the decree-law of November 23, 2020, n. 154. For the purposes of the immediate implementation of the provisions contained in this paragraph, the Ministry of Economy and Finance, where appropriate, may order the use of cash advances, the regularization of which is carried out by issuing payment orders on the items relevant expenses.

Art. 3 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 Collection of regulatory acts of the Italian Republic. Every person in charge is obliged to observe it and make it comply. “