Commercial, industrial and production activities allowed and not allowed

Commercial, industrial and production activities allowed and not allowed

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The suspension of commercial, industrial and production activities ordered by the numerous decrees issued in recent weeks with measures to contain and manage the epidemiological emergency has an economic impact in the following macro-areas:

  • production activities expressly authorized
  • so-called “functional” production activities
  • essential activities of public benefit
  • commercial activities.

In line with the clarifications adopted by the regional representatives of Confindustria, in the attached circular you will find answers to any possible questions. In addition, the document contains the table amended by Decree of the Ministry of Economic Development (25.03.2020) with the list of industrial and commercial production activities excluded from suspension.

With regard to the production activities expressly authorized, the criterion adopted for the identification of non-suspended activities is the ATECO code of reference. The ATECO code to be considered is the one indicated in the Commercial Register (and not the one used for tax declarations).

It should be noted that suspended activities can still continue if they are organised with smart-working. Therefore, all activities that can be managed remotely, including administrative activities, can be carried out regularly.

For the so-called “functional” production activities, the Prime Ministerial Decree dated March 22, 2020 provides for the continuation of the activities:

  • functional to ensure the continuity of the supply chains indicated in the table
  • functional to ensure the continuity of public utility and essential services
  • of plants with a continuous production cycle, the interruption of which could result in serious damage to the plants or the risk of accidents.

In order to be able to continue the work, companies must notify the Prefect of the Province where the production activity (the plant) is located. In particular, with regard to the activities functional to ensure the continuity of the supply chains and services of public utility and essential, the company must specifically and analytically indicate the companies and administrations benefiting from the products and services related to the permitted activities.

The Prefect must assess a correct balance between safeguarding public health and the continuity of production processes and may, consequently, order the suspension of the activity. However, the continuation of the activity until the adoption of the prefectural measure of suspension must be considered legitimately carried out on the basis only of the communication made.

With regard to essential activities of public utility, the Prime Ministerial Decree dated March 22, 2020 provides for the continuation of the following activities:

  • provision of services of public utility, as well as essential services referred to in Law no. 1461 dated June 12, 1990
  • activities relating to the production, transport, marketing and delivery of pharmaceuticals, health technology and medical and surgical devices as well as agricultural and food products
  • aerospace and defence industry, as well as other activities of strategic importance for the national economy (subject to authorisation from the Prefect of the province where the production activities are located).

Finally, as far as commercial activities are concerned, there is provision for the suspension of retail commercial activities, with the exception of the sale of food and basic necessities. It is also ordered the closure of all markets with the exception of those whose activity is directed to the sale of food only and the opening of newsstands, tobacconists, pharmacies and para pharmacies is authorized.

The Prime Ministerial Decree dated March 11, 2020 provides, in any case, for the continuation of the retail sale of any type of product via the internet, television, mail order, radio, telephone and vending machines.

With regard to catering services, all related activities are suspended, with the exception of canteens and continuous catering on a contractual basis, as well as catering activities carried out with home delivery in compliance with health and hygiene regulations for both packaging and transport.

The food and beverage services located in the service and refuelling areas along the road and motorway network and inside railway stations, airports and hospitals may continue to operate.

 

All details in attached circulars.