In these days we are experience a great confusion and many uncertainties concerning the possibility for some businesses to resume or continue their production activities pursuant to the DPCM (Decree of the President of the Italian Council of Ministers) of 22 March 2020 and its following amendments.Hoping that to be useful, we point out its main points here below.

ADMITTED “ATECO CODES”– Should a business hold an ATECO Code (a code used by Italian Chambers of Commerce to identify the production sectors) expressly included in Annex I of DPCM 22 March 2020, it could continue its production activity without any need to send a relevant statement to the competent Prefettura (the Prefect – public office in charge of these investigations).

MIXED PRODUCTION ACTIVITIES WITH ADMITTED AND NON-ADMITTED ATECO CODES Some businesses may hold more than one Ateco Code and they may not necessarily be included in Annex I. In this case, you would need to carry out an assessment for each single product or service, in order to establish whether the company may fall under another allowed production activity.

ADMITTED ATECO CODES SUPPLY CHAIN If a company does not hold any Ateco Code expressly included in Annex I, but is anyway integrated in the supply chain of economic operators which keep on working according to Annex I, the same company could be able to resume its production activity with exclusive regards to the allowed production activity, by sending a specific notice thereof to the competent Prefettura.

SUPPLIES ABROAD  Except where limitations to imports or to the circulation of goods are imposed by certain Countries (this should not be the case of the European Union), pursuant to DPCM 22 March 2020 there are no limits as regards the supply of foreign customers and the delivery of goods to these ones, provided that this would not imply the activation of production lines related to excluded ATECO Codes. Therefore, if you are a foreign economic operator usually negotiating with Italian suppliers, please try to contact your regular suppliers as you might however be able to regularly receive goods.

CONTINUOUS PRODUCTION CYCLE There are peculiar cases involving companies operating through continuous production cycle plants, whose suspension or interruption may result in serious damage to the plant or cause accidents. In this respect, the notice to the Prefettura is also required.

GOODS ORDERED BEFORE 23rd MARCH Many doubts still exist in the event of (i) goods ordered before the entry into force of the DPCM 22 March 2020, yet to be delivered, or (ii) goods to be ordered in order to supply a stock to meet the demand for the months to come, or (iii) goods currently in stock that could be delivered to customers. In these cases, the difference lies in the fact that the trade at hand is of a retail or wholesale nature.

INVESTIGATIONS – While the Prefettura will carry out its investigations, the company will be able to resume its activity and, should supervisory authorities deem said activity not compliant with DPCM 22 March 2020, they will order its suspension. Conversely, if the Prefetturadoes not adopt any measure connected thereto, the activity can regularly be carried on according to DPCM 22 March 2020.

HEALTH SAFETY MEASURES In any case where the resumption or continuity of the production activities are allowed, the company is required to abide by all health safety measures, by using the Individual Protection Devices (DPI) and assuring the minimal distance between employees, it being understood that it is always suggested to devote a number of employees to the minimum extent necessary.

Confindustria intervened, editing a series of explanations concerning FAQs on DPCM 22 March 2020 which might be of help to clear some doubts on this issue.

However, we remind that each case which is not expressly provided for by the above governmental provisions is a one-off case and should be examined in detail. If necessary, any single product of services offered should be analysed so to be able to establish whether the production activity could be resumed or not.

Please, read the English version of DPCM 22 March 2020 by clicking on this link.