Super Green Pass: the new rules

Article 1 of the Decree under discussion stipulates that, as of the December 15, 2021, fulfillment of the vaccination obligation will include the primary vaccination cycle and the administration of the next booster dose, the terms of which will be specified in a Ministry of Health circular.

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With regard to these individuals, an obligation is imposed to undergo vaccination including, again as of December 15, 2021, the administration of the booster dose following the primary vaccine cycle, in accordance with the indications and deadlines that will be defined by a circular of the Ministry of Health.

It is also confirmed that for those in the health professions, vaccination represents prerequisite for the performance of the profession and work performance (except in cases of established danger to health for which, subject to certification by the general practitioner, the vaccination requirement may be omitted or postponed).

The orders of the health professions will be required to verify, through the appropriate platform (National Platform-DGC), the possession of the green certification and the completion of the vaccination. Should the verification reveal a failure to complete the vaccination requirement, including with reference to the booster dose, the order will be required to invite the person concerned to produce, within 5 days of receipt of the request, the documents attesting to the vaccination, omission or deferral.

In the event that a request for vaccination has been made, staff must submit documentation that the vaccine administration has been booked, which must be done no later than 20 days after receipt of the request. Once the vaccination has been carried out, the person concerned must submit, within 3 days of the administration, the certification ascertaining the fulfillment of the vaccination obligation.

A finding of noncompliance with the vaccination requirement entails:

• the obligation of the professional association to notify the relevant national federations of the non-compliance, as well as the employer if it concerns personnel having an employment relationship;
• the immediate suspension from the practice of health professions, effective until the person concerned notifies the competent territorial Order (and, for personnel with an employment relationship, also the employer), of the completion of the primary vaccine cycle and, for professionals who have completed the primary vaccine cycle, of the administration of the booster dose and in any case no later than the six-month period starting on December 15, 2021.

In cases where the vaccination requirement was omitted or deferred, the employer, for the corresponding periods, may assign staff to even different duties, without reduction in pay.

Significant changes included the extension of compulsory vaccination to categories not previously covered by this obligation.

Effective Dec. 15, the vaccination requirement, including booster dose, is extended to new categories:

• Health administrative staff;
• School faculty and administrative staff;
• military;
• police force (including prison police), public rescue personnel.

Again, it is reiterated how vaccination represents prerequisite For the performance of work activities.

The school heads and managers of the institutions listed above, through appropriate platform, will verify the possession of the green certification. If the verification reveals the failure to complete the vaccination obligation even with reference to the booster dose, the managers will invite the person concerned to produce:

1. Within 5 days of receipt of the request, the documents proving vaccination, omission or deferral;
2. if the staff member has not completed the vaccination cycle, he/she will have to submit documentation of booking the vaccine administration to be performed within 20 days of receiving the request. He/she will also have to submit, within 3 days of the administration, the certification ascertaining the fulfillment of the vaccination obligation.

Failure to comply with the vaccination requirement, within the above deadlines, shall result in immediate suspension from employment, effective until the person concerned notifies the employer of the initiation or subsequent completion of the primary vaccine cycle or the administration of the booster dose, and in any case no later than six months from December 15, 2021.

Amending Decree Law 52/2021, which was converted with amendments by Law 87/2021, the decree under discussion brings with it important changes related to the duration of green certifications, reducing their period of validity from 12 to 9 months.

The new L.D. 172/2021 amended Article 9-bis of L.D. 52/2021 by providing for the deletion of the last sentence of paragraph (a)(1), which allowed only individuals with green pass Access to food services carried out by any establishment "except for food and beverage services within hotels and other accommodation facilities reserved exclusively for customers accommodated therein".

In removing this exception, L.D. 172/2021 at the same time added paragraph 1 (a-bis), which stipulates that access to hotels and other accommodations must also be green certified.

The requirement to possess green certification is also extended:

• To spaces used for locker rooms and showers for sports activities;
• To regional and interregional rail transportation services;
• To local public transport services.

For all the aforementioned areas, the provisions shall apply as of December 6, 2021.

Decree Law 172/2021 adds paragraph 2-bis to Article 9-bis of Decree Law 52/2021, which provides as follows:

"In the yellow and orange zones, the use of services, the performance of activities and travel, restricted or suspended in accordance with current regulations, shall be permitted only to individuals holding one of the COVID-19 green certifications [...]."

The new super green pass will, moreover, allow access to certain activities that would otherwise be restricted in the yellow zone in the following areas:

• show;
• sporting events;
• indoor catering, with the exception of catering services within hotels and other accommodation facilities reserved exclusively for customers accommodated therein and continuous canteens and catering on a contract basis.
• parties and discos;
• public ceremonies.