All changes to Art. 9 of the Law Decree 52/2021

All changes to Art. 9 of the Law Decree 52/2021
(Reading time: 15 - 30 minutes)

To understand the regulatory outlines of the Green Pass, we often get lost in references or changes to other regulations and being able to have a precise picture is objectively complex. Few people know that every decree law concerning the areas of application of the COVID-19 Green Certification has actually changed a single article, that of the first constitutive decree of the Green Pass in Italy.

Below we have tried to unravel the regulatory mess, reporting all the changes made to Article 9 of Law Decree 52, converted on June 17, 2021 with Law no. 87.

 

Art. 9 - COVID-19 green certifications
1. For the purposes of this article, the following definitions apply: a) COVID-19 green certifications: certifications proving the status of vaccination against SARS-CoV-2 or recovery from SARS-CoV-2 infection, i.e. carrying out a rapid or molecular antigen test, the latter also on a salivary sample and in compliance with the criteria established with a circular from the Ministry of Health, with negative results for the SARS-CoV-2 virus; b) vaccination: anti-SARS-CoV-2 vaccinations carried out as part of the National Strategic Vaccine Plan for the prevention of SARS-CoV-2 infections  ((and the vaccinations administered by the competent national health authorities and recognized as equivalent with the circular of the Ministry of Health,)); c) Molecular test: Nucleic acid amplification molecular test (NAAT), such as reverse transcriptase polymerase chain reaction (RT-PCR), loop-mediated isothermal amplification (LAMP) and transcription-mediated amplification (TMA) techniques ), used to detect the presence of SARS-CoV-2 ribonucleic acid (RNA), recognized by the health authority and carried out by health professionals or other subjects deemed suitable by the Ministry of Health; d) rapid antigen test: test based on the identification of viral proteins (antigens) by lateral flow immunoassay, recognized by the health authority and carried out by health professionals or other subjects deemed suitable by the Ministry of Health; e) National digital green certificate platform (National platform-DGC) for the issuance and validation of COVID-19 green certifications: national information system for the issue, verification and acceptance of interoperable COVID-19 certifications at national and European level realized, through the infrastructure of the Health Card System, by the company referred to in article 83, paragraph 15, of the decree-law of 25 June 2008, no. 112, converted, with modifications, by the law 6 August 2008, n. 133, and managed by the same company on behalf of the Ministry of Health, owner of the treatment of the data collected and generated by the same platform. 2. The COVID-19 green certifications certify one of the following conditions: a) anti-SARS-CoV-2 vaccination occurred, at the end of the prescribed cycle; b) cured from COVID-19, with simultaneous cessation of the isolation prescribed following infection with SARS-CoV-2, arranged in compliance with the criteria established with the circulars of the Ministry of Health; c) carrying out a rapid or molecular antigen test, the latter also on salivary samples and in compliance with the criteria established with the circular of the Ministry of Health, with negative results for the SARS-CoV-2 virus. 
    ((c-bis) healing occurred after administration of the first dose of vaccine or at the end of the prescribed course.)) 
  3. The COVID-19 green certification issued on the basis of the condition set out in paragraph 2, letter a), is valid for twelve months from the completion of the vaccination cycle and is automatically issued to the interested party, in paper or digital, by the healthcare facility or by the healthcare professional who carries out the vaccination and at the same time as the vaccination, at the end of the prescribed cycle. The green COVID-19 certification referred to in the first period is also issued at the same time as the administration of the first dose of vaccine and is valid from the fifteenth day following administration until the date scheduled for the completion of the vaccination cycle, which must be indicated in the certification upon issue. The green COVID-19 certification referred to in the first period is also issued at the same time as the administration of a single dose of a vaccine after a previous SARS-CoV-2 infection and is valid. ((from the same administration)). Simultaneously with the issue, the aforementioned health facility, or the aforementioned health professional, also through the regional information systems, makes this certification available in the electronic health record of the person concerned. The certification referred to in this paragraph ceases to have validity if, during the period of validity of the same, the interested party is identified as an ascertained positive case for SARS-CoV-2. 4. The COVID-19 green certification issued on the basis of the condition set out in paragraph 2, letter b), is valid for six months from the date of healing referred to in paragraph 2, letter b), and is issued , at the request of the interested party, in paper or digital format, by the facility where the hospitalization of the patient affected by COVID-19 took place, or, for non-hospitalized patients, by general practitioners and pediatricians of free choice as well as by the prevention department of the territorially competent local health company, and is made available in the electronic health file of the interested party. The certification referred to in this paragraph ceases to have validity if, in the six-month validity period, the interested party is identified as an ascertained positive case for SARS-CoV-2. The certifications of healing issued prior to the date of entry into force of this decree are valid for six months from the date indicated in the certification, unless the subject is re-identified as an ascertained positive case for SARS-CoV-2. 
  ((4-bis. Those who have been identified as confirmed positive for SARS-CoV-2 after the fourteenth day from the administration of the first dose of vaccine, as well as following the prescribed course, are also issued COVID-19 green certification referred to in letter c-bis), which is valid for twelve months from the date of healing.)) 
  5.  The COVID-19 green certification issued on the basis of the condition provided for in paragraph 2, letter c), has a validity of forty-eight hours from the execution of the test and is produced, at the request of the interested party, in paper or digital format, by public health facilities, by authorized or accredited private ones and by pharmacies that carry out the tests referred to in paragraph 1, letters c) and d), or by general practitioners or pediatricians of free choice.  6.  Pending the adoption of the decree referred to in paragraph 10, the COVID-19 green certifications issued pursuant to paragraph 2 report the data indicated in the similar certifications issued according to the indications of the various regional health services.  6-bis.  The interested party has the right to request the release of a new green COVID-19 certification if the personal data reported in the certification are not, or are no longer, accurate or updated, or if the certification is no longer available to him.  6-ter.  The information contained in the COVID-19 green certifications referred to in paragraph 2, including information in digital format, are accessible to people with disabilities and are reported, in readable format, in Italian and English.  7.  Those who have already completed the vaccination cycle on the date of entry into force of this decree, can request green COVID-19 certification from the structure that provided the health treatment or from the Region or Autonomous Province in which the structure is based .  8.  The COVID-19 green certifications issued in compliance with the law in force in the Member States of the European Union are recognized as equivalent to those governed by this article and valid for the purposes of this decree if they comply with the criteria defined in the circular of the Ministry of Health.  Certifications issued in a third State following a vaccination recognized in the European Union and validated by a Member State of the Union are recognized as equivalent to those governed by this article and valid for the purposes of this decree if they comply with the criteria defined in the circular. of the Ministry of Health.  8-bis.  To ensure that families traveling in the Member States of the European Union remain united, minors accompanying the parent or parents are not required to undergo quarantine or self-isolation for travel reasons if this obligation is not imposed on the parent or children. parents because in possession of a vaccination certificate or a certificate of recovery.  The requirement to undergo testing for SARS-CoV-2 infection for travel reasons does not apply to children under the age of six.  9.  The provisions of paragraphs 1 to 8 continue to apply where compatible with the regulations (EU) 2021/953 and 2021/954 of the European Parliament and of the Council of June 14, 2021.  10.   With the decree of the President of the Council of Ministers, adopted in concert with the Ministers of health, for technological innovation and the digital transition and of the economy and finance, after consulting the Guarantor for the protection of personal data, the technical specifications are identified. to ensure interoperability between the COVID-19 green certifications and the national platform -DGC, as well as between this and the similar platforms established in the other member states of the European Union, through the European Gateway.  The same decree indicates the data processed by the platform and those to be reported in the COVID-19 green certifications, the procedures for updating the certifications, the characteristics and operating modes of the national platform -DCG, the structure of the unique identifier the green certifications COVID-19 and the interoperable bar code that allows you to verify the authenticity, validity and integrity of the same, the indication of the subjects in charge of checking the certifications, the retention times of the collected data for the purpose of issuing the certifications, and the measures to ensure the protection of personal data contained in the certifications.  For the purposes of use envisaged for the COVID-19 green certifications, the documents issued from the date of entry into force of this decree are valid, pursuant to paragraphs 3, 4 and 5, by public and private health structures, by pharmacies, analysis laboratories, general practitioners and pediatricians of free choice who certify or report one of the conditions referred to in paragraph 2, letters a), b) and c).  10-bis.  ((, 9-bis, 9-quinquies, 9-sexies and 9-septies))  of this decree, as well as article 1-bis of the decree-law 1 April 2021, n. 44, converted, with modifications, by the law 28 May 2021, n. 76. Any different or new use of COVID-19 green certifications is provided exclusively by state law. 11. This article must not result in new or greater burdens for public finance and the administrations concerned shall ensure their implementation within the limits of the resources available under current legislation.