COVID-19 Emergency in Italy: Phase 3 in the DPCM 11/6

On June 15th, with the publication in the Official Gazette, the new Italian Prime Minister’s Decree dated June 11th, 2020 (hereinafter referred to as the “DPCM 11/6”) entered into force. The DPCM 11/6,  which will be effective until  July 14th 2020, has allowed the Italian Government to mitigate the prevention measures relating to the emergency caused by COVID-19, by supplementing the provisions of the Law Decree 33/2020 and replacing the Prime Ministerial Decree of  May 17th  2020.

As no restrictions on mobility are prescribed within the entire national territory since the 3rd of June,  the DPCM 11/6 mainly regulates (I) the procedures for circulation to/from abroad and (II) the reopening of certain activities that have thus far been kept closed due to the high epidemiological risk they present (such as theatres, cinemas, spa services, gambling halls and betting centers).

In regards to (I) the modalities of circulation to/from abroad, the Prime Ministerial Decree 11/06 establishes that, subject to the limitations set out for particular areas of the national territory or in relation to the origin from specific States and territories, which may be adopted on the basis of the principles of adequacy and proportionality to the epidemiological risk actually present in those areas, there shall be no restrictions on movements to and from:

(a) Member States of the European Union;

(b) States party to the Schengen Agreement;

(c) The United Kingdom of Great Britain and Northern Ireland;

(d) Andorra, Principality of Monaco;

(e) The Republic of San Marino and the Vatican City State.

With regard to travel to and from countries other than those previously mentioned, there are probable means to do so if motivated by (1) proven work needs, (2) reasons of absolute urgency or (3) for health reasons. In any case, people are allowed to return to their respective domicile, household or residence. The motivation of the travel shall be communicated to the carrier or the shipowner, together with a contact number and the complete address of the home or residence in Italy, where a 14-day isolation shall be respected. The carrier or shipowners shall also measure the body temperature of the passengers.

For the same reasons mentioned in numbers (1) (2) (3) of the previous paragraph, anyone can transit within the Italian territory for a period not exceeding 120 hours, communicating to the carrier or shipowner the same information as for those who intend to stay for a longer period. At the end of such period, they are obliged to leave the national territory or, alternatively, to initiate 14-days of isolation.

With regard to (II) the performance of professional activities, retail trade activities and industrial and commercial production activities, the DPCM 11/6 confirms the provisions of the previous Prime Ministerial Decree 17/05 with regard to both the rules on social distancing and compliance with the protocols and guidelines defined at both national and regional level, with particular regard to the “shared protocol regulating measures to combat and contain the spread of the COVID-19 virus in the workplace” signed on April 24th 2020 between the Government and social partners.

Finally, on the basis of the relaxation of the measures originally beginning with the Prime Ministerial Decree 17/05, Article 1 of DPCM 11/6 provides a general possibility of reopening for many sectors which up until now have been excluded, including theatres, cinemas and live music performances; museums, cultural institutes and places of culture; cultural, social centers; gambling halls and betting centers. Indeed, these activities must be carried out with the appropriate precautions regulated by the specific protocols and guidelines.