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Here is the full text of the decree approved today by the Council of Ministers, signed by the President of the Republic.
HAVING SEEN articles 77 and 87 of the Constitution;
HAVING SEEN the Commission Directive (EU) 2020/739 of June 3, 2020, which modifies Annex III of Directive 2000/54 / EC of the European Parliament and of the Council with regard to the inclusion of SARS-CoV -2 on the list of biological agents known to cause infectious diseases in humans and amended by Commission Directive (EU) 2019/1833;
WHEREAS the World Health Organization has declared a 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;
CONSIDERING that the contagion curve in Italy shows that the spread of the virus persists, causing outbreaks, even of considerable size, and that, therefore, there are objective conditions for maintaining the emergency and urgent provisions aimed at containing the spread of the virus. virus;
CONSIDERING the extraordinary need and urgency of implementing the aforementioned Directive (EU) 2020/739, within the transposition deadline set for November 24, 2020;
CONSIDERING the extraordinary need and urgency of extending the terms referred to in article 1 of the decree-law of March 25, 2020, n. 19, converted, with modifications, by law May 22, 2020, n. 35, in article 3, paragraph 1, of the decree-law of May 16, 2020, n. 33, converted, with modifications, by law July 14, 2020, n. 74, and the decree-law of July 30, 2020, n. 83, converted, with modifications, by law September 25, 2020, n. 124;
CONSIDERING also the extraordinary need and urgency to ensure the operational continuity of the COVID alert system;
GIVEN the resolution of the Council of Ministers, adopted at the meeting of October 7, 2020;
AT THE PROPOSAL of the President of the Council of Ministers and the Minister of Health, in agreement with the Minister of Economy and Finance;
EMANA
the following decree-law:
ART. one
(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 you, with the possibility of providing for their mandatory use in interior places other than private homes and in all places in the open air except in cases where, due to the characteristics of the places or the factual circumstances, the condition of isolation of the people who do not live together is permanently guaranteed, and in any case with the protocols and anti-violence guidelines. contagion provided for economic, productive, administrative and social activities, as well as the guidelines for the 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 paragraph 16 of article 1, the words “, expanding or restrictive, with respect to those provided for in the same article 2”, are replaced by the following: “restrictive with respect to those provided for 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: “December 31, 2020”;
b) the following modifications are made to Annex 1:
1) the following is inserted after number 16: “16-bis Article 87, paragraphs 6 and 7, of the decree-law of March 17, 2020, n. 18, converted, with modifications, by law April 24, 2020, n. 27 “;
2) number 18 is replaced by the following: “18 Article 101, paragraph 6-ter, of the decree-law of March 17, 2020, n. 18, converted, with modifications, by law April 24, 2020, n. 27 “;
3) after number 19 the following is inserted: “19-bis Article 106 of the decree-law of March 17, 2020, n. 18, converted, with modifications, by law April 24, 2020, n. 27 “;
4) The following is inserted after number 24: “24-bis Article 4 of the Decree-Law of April 8, 2020, n. 23, converted, with modifications, by law June 5, 2020, n. 40 “
5) numbers 28 and 29 are eliminated;
6) after number 30-bis the following is inserted:
“30-ter Article 33 of the decree-law of May 19, 2020, n.34, converted, with modifications, by law July 17, 2020, n.77;
30-quater Article 34 of the decree-law of May 19, 2020, n. 34, converted, with modifications, by law July 17, 2020, n. 77 “;
7) after the number 33 the following is inserted:
“33-bis Article 221, paragraph 2, of the decree-law of May 19, 2020, n. 34, converted, with modifications, by law July 17, 2020, n. 77”;
8) After number 34 the following is added: “34-bis Article 35 of the Decree-Law of August 14, 2020, n. 104 “.
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:
The following sentence is added at the end of section 3: “For the sole purpose indicated in section 1, subject to an impact assessment in accordance with article 35 of Regulation (EU) 2016/679, interoperability with platforms is allowed. that operate, for the same purposes, in the territory of the European Union. “;
In paragraph 6, the words: “of the state of emergency agreed 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: ” prevention and health protection needs, related to the spread 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, ” .
2. The charges derived from this article, equivalent to 3 million euros for the year 2021, are provided with the financial resources available in the current regulations on the regional budget of the Presidency of the Council of Ministers.
ART. 3
(Extension of deadlines regarding new treatments for ordinary dismissals, ordinary control and dismissals in repeal)
1. The terms mentioned in article 1, paragraphs 9 and 10, 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 inserted: “Severe acute respiratory syndrome due to coronavirus 2 (SARS-CoV-2) (0a) – 3”; Note 0a) is worded as follows: “0a) In accordance with Article 16, paragraph 1, letter c) of Directive 2000/54 / EC of the European Parliament and of the Council, non-propagative diagnostic laboratory work SARS-CoV-2 must be performed in a facility where procedures equivalent to at least containment level 2 are used. Propagation work involving SARS-CoV-2 must be performed in a containment level 3 laboratory at a air pressure lower than 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 of September 7, 2020, n . 222, 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 in this decree, of the obligation to always carry a respiratory protection device, as well as the obligation to carry it indoors other than private homes and in all outdoor places except in cases in that, due to the characteristics of the place or the factual circumstances, the condition of isolation of people who do not live together is permanently guaranteed, and in any case without prejudice to the anti-contagion protocols and guidelines provided for economic, productive, administrative and social activities , as well as the guidelines for the consumption of food and beverages, but with the exclusion of the aforementioned obligations:
a) for those who practice sports;
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, when interacting with the above, find themselves in the same incompatibility.
ART. 6
(Financial coverage)
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 € 6,197,854 for the year 2020, of which € 1,365,259 for the payment of overtime hours and € 4,832,595 for other expenses related to the employment of personnel. The coverage of the charges referred to in this paragraph is provided through the corresponding reduction in the National Emergency Fund referred to in article 44, paragraph 1, of Legislative Decree January 2, 2018, n. one.
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.
Last updated: 22:49
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