Despite the D.L. 127/2021 has introduced the obligation to possess the green certification to ensure the safe performance of public and private work as well as the strengthening of the screening system, the epidemiological curve of new positives for the Covid-19 infection in Italy continues gradually to rise, as well as the fear that the situation could further worsen in the coming weeks, especially in view of the Christmas holidays.

For this reason the Government, while wishing to maintain the current anti-contagion measures at least until the end of November, has approved a decree-law on the “Super” Green Pass, in order to introduce urgent measures for the containment of the so-called “fourth wave” of the pandemic and for the safe conduct of economic and social activities.

The innovations introduced in the decree, which will be valid from 6 December 2021 to 15 January 2022, concern various areas of intervention. First of all, the introduction of the so-called “strengthened” Green Pass is foreseen, issued only to vaccinated or recovered people and indispensable for free access to social and recreational activities (cinemas, hotels, theatres, gyms, ski resorts, bars and restaurants), which would otherwise be restricted.

Secondly, the extension of the vaccination obligation to the third dose is regulated, starting from 15 December 2021, for further categories of subjects (administrative health personnel, teachers and administrative staff of the school, military, police forces, staff of the public aid). Therefore, the non-compliance will lead to the immediate suspension of the work activity, without disciplinary consequences and with the conservation of the employment relationship. In cases where vaccination is not demonstrated, the managers of the various sectors will have to invite the workers to provide immunization for twenty days. Furthermore, in the event of verification of the lack of vaccination, the worker will have his right to carry out the work activity suspended without receiving salary or other compensation or emoluments.

The subject of the new decree is also the reduction of the validity period of the Green Pass from 12 to 9 months.

Another intervention concerns the extension of the Green Pass obligation to further sectors (accommodation structures, regional and inter-regional railway transport services, local public transport services. Finally, there is provision for the tightening of controls by the Prefects who will have to adopt a new control plan involving all the police forces and periodically reporting to the Ministry of the Interior.

Following the adoption of these new measures, the Green Pass obtained only with the negative swab will maintain the same duration (always 48 hours for the antigenic and 72 hours for the molecular), but the validity will be limited to regional rail transport and the local public transport, hotel stays and access to changing rooms for sporting activities, even outdoors; while for all the rest of the activities it will be necessary to have the Super Green Pass.

The Government is focusing on these anti-contagion measures to encourage the population to vaccinate and avoid incurring a new lockdown, given the new wave of infections from Covid-19 which is affecting not only Italy but all of Europe. This is also in order to prevent the consequent repercussions on the economic life of our country.

Mariaines Marangelli

Marta Insola