COVID-19 EMERGENCY: exceptions to the suspension of industrial and commercial production activities Art. 1 letters d); g); h) of the Prime Ministerial Decree March 22, 2020

In which cases can the exemption be used?

The Prime Ministerial Decree 22 March 2020 to the art. 1 provides three different exception hypotheses; the first, dictated by letter d) provides that "the activities that are functional to ensuring the continuity of the supply chains of the activities referred to in Annex 1, [...]", the second, dictated by letter g) provides that "the activities of continuous production cycle plants are permitted, from whose interruption results in serious damage to the plant itself or a danger of accidents"(except in the case in which the continuity of the plant serves to guarantee an essential public service) and the third, dictated by letter h) provides that "activities of the aerospace and defense industry are permitted, as well as other activities of strategic importance for the national economy".

How to make use of the exemption?

Generally speaking, in order for the company to be able to make use of the aforementioned exceptions in the cases described above, it is necessary for it to notify by certified e-mail. specific communication to the Prefect of the Province where the production activity is located(communication which must also specifically report the companies and administrations benefiting from the products and services relating to the permitted activities).

How does the prefectural investigation process take place?

The Prefect, having received the communication, can suspend the activities if he believes that the conditions provided for by the Prime Ministerial Decree do not exist. for the purpose of obtaining the exemptions referred to in letters d) g) h) and informs the competent Ministries, as well as the President of the Region (or President of the autonomous Province) and the Police forces.

Until the adoption of measures to suspend the activity, it is legitimately exercised on the basis of the communication notified by the company.