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

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. 

1. As of August 6, 2021, access to the following services and activities is allowed in the white area only to subjects holding one of the green COVID-19 certifications, referred to in Article 9, paragraph 2: ) catering services provided by any establishment, referred to in Article 4, for consumption at the table, indoors ((with the exception of catering services in hotels and other accommodation facilities reserved exclusively for customers staying there)); b) shows open to the public, sporting events and competitions, as per article 5; c) museums, other cultural institutes and places and exhibitions, as per article 5-bis; d) swimming pools, swimming centers, gyms, team sports, wellness centers, also within accommodation facilities, as per article 6, limited to indoor activities; e) festivals and fairs, conferences and congresses referred to in article 7; f) spas,  ((except for the accesses necessary for the provision of services falling within the essential levels of assistance and for the performance of rehabilitation or therapeutic activities,)) theme and amusement parks; g) cultural centers, social and recreational centers, referred to in article 8-bis, paragraph 1, limited to indoor activities and with the exclusion of educational centers for children, including summer centers, and the related activities of catering; 
    ((g-bis) holidays resulting from civil or religious ceremonies, referred to in article 8-bis, paragraph 2)); h) gaming halls, betting halls, bingo halls and casinos, as per article 8-ter; i) public competitions. 2. The provisions referred to in paragraph 1 also apply in the yellow, orange and red areas, where the services and activities referred to in paragraph 1 are permitted and under the conditions provided for the individual areas. 3. The provisions referred to in paragraph 1 do not apply to subjects excluded by age from the vaccination campaign and to subjects exempt on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health. With the decree of the President of the Council of Ministers, adopted in concert with the Ministers of health, for technological innovation and digital transition, and of the economy and finance, after consulting the Guarantor for the protection of personal data, the specific techniques for digitally processing the aforementioned certifications, in order to allow digital verification, while ensuring the protection of the personal data contained therein. Pending the adoption of the aforementioned decree, certifications issued in paper format may be used for the purposes referred to in this article. 4. The owners or managers of the services and activities referred to in paragraph 1 are required to verify that access to the aforementioned services and activities takes place in compliance with the requirements referred to in the same paragraph 1. The verifications of the COVID- green certifications 19 are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10.
((In the case of local festivals and fairs that take place outdoors, in spaces without access gates, the organizers inform the public, with appropriate signs, of the obligation to possess the COVID-19 green certification required pursuant to paragraph 1, letter e), for access to the event. In case of random checks, the sanctions referred to in article 13 are applied only to the person without certification and not also to the organizers who have complied with the information obligations)). 5. The Minister of Health with its own ordinance can define any necessary measures in the implementation phase of this article. 

1. From 1 September 2021 and until 31 December 2021, deadline for the end of the state of emergency, in order to protect public health and maintain adequate safety conditions in the provision in the presence of the essential education service, all school staff of the national education and university system, as well as university students, must possess and are required to exhibit the green COVID-19 certification referred to in Article 9, paragraph 2. 2. Failure to comply with the provisions referred to in paragraph 1 by part of the school and university staff is considered unjustified absence and starting from the fifth day of absence the employment relationship is suspended and no remuneration or other remuneration or emolument, however named, is due. 3. The provisions referred to in paragraph 1 do not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in the circular of the Ministry of Health. 4 The school managers and the heads of the children's educational services as well as the equal schools and universities are required to verify compliance with the requirements referred to in paragraph 1. The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10. Further methods of verification may be established with a circular from the Minister of Education. With reference to the observance of the requirements referred to in paragraph 1 by university students, the checks referred to in this paragraph are carried out on a sample basis with the methods identified by the universities. 5. The violation of the provisions referred to in paragraphs 1 and 4 is sanctioned pursuant to article 4 of the decree-law of 25 March 2020, n. 19, converted, with amendments, by law 22 May 2020, n. 35. Without prejudice to the provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, no. 33, converted, with amendments, by law 14 July 2020, n. 74.

. The provisions referred to in Article 9-ter also apply to the staff of the educational services for children referred to in Article 2 of Legislative Decree 13 April 2017, n. 65, of the provincial centers for adult education (CPIA), of the regional systems of Vocational Education and Training (IeFP), of the regional systems that carry out the courses of Higher Technical Education and Training (IFTS) and of the Higher Technical Institutes (ITS ). The checks referred to in paragraph 4 of article 9-ter are carried out by school managers and by the heads of the institutions referred to in the first period. 2. Until 31 December 2021, deadline for the cessation of the state of emergency, in order to protect public health, anyone who accesses the structures of the educational, educational and training institutions referred to in article 9-ter and paragraph 1 of this article , must possess and must exhibit the COVID-19 green certification referred to in article 9, paragraph 2. The provision referred to in the first sentence does not apply to children, pupils and students as well as to those attending regional systems training courses, with the exception of those who take part in the training courses of the Higher Technical Institutes (ITS). 3. The measure referred to in paragraph 2 does not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health. 4. The school managers and the heads of the school, educational and training institutions referred to in paragraph 2 are required to verify compliance with the requirements referred to in the same paragraph 2. In the event that access to the facilities is motivated by reasons of service or of work, the verification of compliance with the requirements referred to in paragraph 2, as well as by the subjects referred to in the first sentence, must also be carried out by the respective employers. The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10. Further verification procedures can be established with a circular from the Minister of Education. 5. The violation of the provisions referred to in paragraphs 2 and 4 is sanctioned pursuant to article 4, paragraphs 1, 3, 5 and 9 of the decree-law of 25 March 2020, n. 19, converted, with amendments, by law 22 May 2020, n. 35. Without prejudice to the provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, no. 33, converted, with amendments, by law 14 July 2020, n. 74.

1. Without prejudice to the provisions of article 9-ter, until 31 December 2021, deadline for the end of the state of emergency, in order to protect public health, anyone accessing the structures belonging to universities and high-level musical artistic education and dance, as well as to other higher education institutions connected to universities, must possess and must exhibit the green COVID-19 certification referred to in Article 9, paragraph 2. 2. The measure referred to in paragraph 1 does not it applies to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health. 3. The heads of the institutions referred to in paragraph 1 are required to verify compliance with the requirements referred to in the aforementioned paragraph 1, according to sample procedures identified by the same institutions. In the event that access to the facilities is motivated by reasons of service or work, the verification of compliance with the requirements referred to in paragraph 1, as well as by the subjects referred to in the first sentence, must also be carried out by the respective employers . The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10. 4. The violation of the provisions referred to in paragraphs 1 and 3 is sanctioned pursuant to article 4, paragraphs 1, 3, 5 and 9 of the decree-law of 25 March 2020, n. 19, converted, with amendments, by law 22 May 2020, n. 35. The provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, no. 33, converted, with amendments, by law 14 July 2020, n. 74.

1. Starting from 1 September 2021 and up to 31 December 2021, term of termination of the state of emergency, it is only allowed to subjects with one of the COVID-19 green certifications, referred to in Article 9, paragraph 2 , access to and use of the following means of transport: a) aircraft used for commercial passenger transport services; b) ships and ferries used for interregional transport services, with the exception of those used for maritime connections in the Strait of Messina; c) trains used in passenger rail transport services of the Intercity, Intercity Night and High Speed ​​type; d) buses used for passenger transport services, with an undifferentiated offer, carried out on the road continuously or periodically on a route that connects more than two regions and with pre-established itineraries, timetables, frequencies and prices; e) buses used for rental services with driver, with the exception of those used in additional local and regional public transport services. 2. The provisions referred to in paragraph 1 do not apply to subjects excluded by age from the vaccination campaign and to subjects exempt on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health. 3. Air, sea and land carriers, as well as their delegates, are required to verify that the use of the services referred to in paragraph 1 is carried out in compliance with the requirements referred to in the same paragraph 1. The verifications of the COVID- green certifications 19 are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10. 4. The violation of the provisions referred to in paragraphs 1 and 3 is sanctioned pursuant to article 4 of decree-law 25 March 2020, n. 19, converted, with amendments, by law 22 May 2020, n. 35. Without prejudice to the provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, no. 33, converted, with amendments, by law 14 July 2020, n. 74.

1.  From 15 October 2021 and until 31 December 2021, deadline for the end of the state of emergency, in order to prevent the spread of the SARS-CoV-2 infection, to the staff of public administrations referred to in Article 1, paragraph 2, of the legislative decree 30 March 2001, n.  165, to the staff referred to in Article 3 of the aforementioned legislative decree, to the staff of the independent administrative authorities, including the National Commission for the Company and the Stock Exchange and the Supervisory Commission on Pension Funds, of the Bank of Italy, as well as the economic public bodies and bodies of constitutional importance, for the purposes of access to the workplaces, within the national territory, in which the aforementioned personnel carries out the work activity, it is obligatory to possess and exhibit, upon request, the COVID-19 green certification referred to in Article 9, paragraph 2.  Without prejudice to the provisions of articles 9-ter, 9-ter.1 and 9-ter.2 of this decree and of articles 4 and 4-bis of the decree-law of 1 April 2021, n.  44, converted, with modifications, by the law 28 May 2021, n.  76.  2.  The provision referred to in paragraph 1 also applies to all subjects who carry out, for any reason, their work or training or volunteer activity at the administrations referred to in paragraph 1, also on the basis of external contracts.  3.  The provisions referred to in paragraphs 1 and 2 do not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health.  4.  Employers of the personnel referred to in paragraph 1 are required to verify compliance with the requirements referred to in paragraphs 1 and 2.  For the workers referred to in paragraph 2, verification of compliance with the requirements referred to in paragraph 1, as well as by the subjects referred to in the first sentence, is also carried out by their respective employers.  5.  The employers referred to in paragraph 4, first sentence, shall define, by October 15, 2021, the operating procedures for the organization of the checks referred to in paragraph 4, including on a sample basis, providing priority, where possible, that such checks are carried out at the time of access to the workplace, and identify with a formal deed the persons in charge of ascertaining and contesting the violations of the obligations referred to in paragraphs 1 and 2.
 The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10.  The President of the Council of Ministers, on the proposal of the Ministers for Public Administration and Health, may adopt guidelines for the homogeneous definition of the organizational modalities referred to in the first period.  For the regions and local authorities, the aforementioned guidelines, where adopted, are defined in agreement with the Unified Conference referred to in Article 8 of Legislative Decree no.  281.  6.  The personnel referred to in paragraph 1, in the event that they communicate that they are not in possession of the COVID-19 green certification or if they do not have the aforementioned certification at the time of access to the workplace, in order to protect health and safety of workers in the workplace, is considered unjustified absent until the presentation of the aforementioned certification and, in any case, no later than 31 December 2021, term of termination of the state of emergency, without disciplinary consequences and with the right to retain the employment relationship.  For the days of unjustified absence referred to in the first period, no remuneration or other remuneration or emolument, however denominated, is due.  7.  The access of personnel to the workplaces referred to in paragraph 1 in violation of the obligations referred to in paragraphs 1 and 2, is punished with the sanction referred to in paragraph 8 and the disciplinary consequences according to their respective regulations remain unaffected.  8.  In the event of violation of the provisions referred to in paragraph 4, failure to adopt the organizational measures referred to in paragraph 5 within the prescribed period, as well as for the violation referred to in paragraph 7, Article 4, paragraphs 1, 3, shall apply, 5 and 9, of the decree-law of 25 March 2020, n.  19, converted, with amendments, by law 22 May 2020, n.  35.  Without prejudice to the provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, n.  33, converted, with amendments, by law 14 July 2020, n.  74.  For the violations referred to in paragraph 7, the administrative sanction provided for by paragraph 1 of the aforementioned article 4 of decree-law no.  19 of 2020 is established in euros from 600 to 1.500.  9.  The sanctions referred to in paragraph 8 are imposed by the Prefect.  The persons in charge of ascertaining and contesting the violations referred to in the same paragraph 8 transmit the documents relating to the violation to the Prefect.  10.  The provisions of the same article 1-sexies, paragraphs 9 and 1, without prejudice to the provisions of the paragraph, shall apply to the personnel referred to in paragraph 9 of article 2-sexies, placed outside the role of the administrations referred to in paragraph 3. 8 of this article.  11.  Without prejudice to the provisions of paragraph 12, the provisions referred to in paragraphs 1, 3, 4, 5 and 8 shall apply to subjects holding elective offices or top institutional positions.  12.  The constitutional bodies, each within the scope of their autonomy, adapt their system to the provisions of this article.  13. 

1. From 15 October 2021 and until 31 December 2021, deadline for the end of the state of emergency, in order to protect public health and maintain adequate security conditions, ordinary, administrative, accounting and military magistrates, members of tax commissions they cannot access the judicial offices where they carry out their work if they do not possess and, upon request, do not exhibit the green COVID-19 certification referred to in Article 9, paragraph 2. 2. The absence from the office resulting from the shortage o failure to exhibit the COVID-19 green certification by the subjects referred to in paragraph 1 is considered unjustified absence with the right to retain the employment relationship and no remuneration or other remuneration or emolument, however denominated, is due. 3. The access of the subjects referred to in paragraph 1 to judicial offices in violation of the provision referred to in the same paragraph 1 constitutes a disciplinary offense and is sanctioned for ordinary magistrates pursuant to article 12, paragraph 1, of legislative decree 23 February 2006, n. 109, and for the other subjects referred to in the same paragraph 1 of this article according to their respective legal systems. The report of assessment of the violation is sent without delay to the holder of the disciplinary action. 4. The provisions referred to in paragraphs 1 and 6, and, insofar as compatible, those referred to in paragraphs 2 and 3, are also applied to the honorary magistrate. 5. Those responsible for the safety of the structures in which the judicial activity takes place, identified for the ordinary judiciary in the attorney general at the court of appeal, are required to verify compliance with the provisions referred to in paragraph 1, also making use of delegates . The verifications of the COVID-19 green certifications are carried out in the manner referred to in paragraph 5, of article 9-quinquies. With a circular from the Ministry of Justice, for the profiles of competence, further verification procedures can be established. 6. Without prejudice to the provisions of paragraphs 3 and 4, access to judicial offices in violation of the provision referred to in paragraph 1 and the violation of the provisions referred to in paragraph 5 are sanctioned pursuant to paragraph 8 of article 9-quinquies . 7. The provisions of paragraphs 3, 9 and 13 of article 9-quinquies are applied. 8. The provisions of this article do not apply to persons other than those referred to in paragraphs 1 and 4, who have access to judicial offices, including lawyers and other defense counsel, consultants, experts and other auxiliaries of the magistrate outside to the administrations of justice, witnesses and parties to the trial.

1.  From 15 October 2021 and until 31 December 2021, deadline for the end of the state of emergency, in order to prevent the spread of the SARS-CoV-2 infection, anyone who works in the private sector is obliged, for the purposes of accessing the places where the aforementioned activity is carried out, to possess and exhibit, upon request, the COVID-19 green certification referred to in Article 9, paragraph 2.  Without prejudice to the provisions of articles 9-ter, 9-ter.1 and 9-ter.2 of this decree and of articles 4 and 4-bis of the decree-law of 1 April 2021, n.  44, converted, with modifications, by the law 28 May 2021, n.  76.  2.  The provision referred to in paragraph 1 also applies to all subjects who carry out, for any reason, their work or training or volunteer activity in the places referred to in paragraph 1, also on the basis of external contracts.  3.  The provisions referred to in paragraphs 1 and 2 do not apply to subjects exempt from the vaccination campaign on the basis of suitable medical certification issued according to the criteria defined in a circular from the Ministry of Health.  4.  The employers referred to in paragraph 1 are required to verify compliance with the requirements referred to in paragraphs 1 and 2.  For the workers referred to in paragraph 2, verification of compliance with the requirements referred to in paragraph 1, as well as by the subjects referred to in the first sentence, is also carried out by their respective employers.  5.  The employers referred to in paragraph 1, shall define, by October 15, 2021, the operating procedures for the organization of the checks referred to in paragraph 4, including on a sample basis, providing priority, where possible, that such checks are carried out at time of access to the workplace, and identify with a formal deed the persons in charge of ascertaining violations of the obligations referred to in paragraphs 1 and 2.  The verifications of the COVID-19 green certifications are carried out in the manner indicated by the decree of the President of the Council of Ministers adopted pursuant to article 9, paragraph 10.  6.  The workers referred to in paragraph 1, in the event that they communicate that they are not in possession of the COVID-19 green certification or if they do not have the aforementioned certification at the time of accessing the workplace, in order to protect health and safety of workers in the workplace, are considered unjustified absent until the presentation of the aforementioned certification and, in any case, no later than 31 December 2021, term of termination of the state of emergency, without disciplinary consequences and with the right to retain the employment relationship.  For the days of unjustified absence, no salary or other remuneration or emolument, however called, is due.  7.  For companies with less than fifteen employees, after the fifth day of unjustified absence referred to in paragraph 6, the employer may suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, in any case for a period not exceeding ten days, renewable for one time only, and no later than the aforementioned deadline of 31 December 2021.  8.  The access of workers to the workplaces referred to in paragraph 1 in violation of the obligations referred to in paragraphs 1 and 2, is punished with the sanction referred to in paragraph 9 and the disciplinary consequences according to the respective sector regulations remain unaffected.  9.  In the event of violation of the provisions referred to in paragraph 4 or failure to adopt the organizational measures referred to in paragraph 5 within the prescribed period, as well as for the violation referred to in paragraph 8, Article 4, paragraphs 1, 3, shall apply, 5 and 9, of the decree-law of 25 March 2020, n.  19, converted, with amendments, by law 22 May 2020, n.  35.  Without prejudice to the provisions of article 2, paragraph 2-bis, of the decree-law of 16 May 2020, n.  33, converted, with amendments, by law 14 July 2020, n.  74.  For the violations referred to in paragraph 8, the administrative sanction provided for by paragraph 1 of the aforementioned article 4 of decree-law no.  19 of 2020 is established in euros from 600 to 1.500.  10.  The sanctions referred to in paragraph 9 are imposed by the Prefect. 

1. In the event of a request by the employer, deriving from specific organizational needs
aimed at ensuring effective work planning, workers
are required to make the communications referred to in paragraph 6
of article 9-quinquies and paragraph 6 of article 9-septies with a
notice necessary to meet the aforementioned needs
organizational.