17/05/2020
Phase 2, the new decree on reopening: this is what it foresees
The Council of Ministers, on a proposal from President Giuseppe Conte and Minister of Health Roberto Speranza, approved a decree-law introducing further urgent measures to deal with the epidemiological emergency from Covid-19. The decree outlines the national regulatory framework within which, from 18 May to 31 July 2020 , with specific decrees or ordinances, state, regional or municipal, the movement of natural persons and the methods of carrying out economic activities may be governed, productive and social.
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Shifts
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IN THE SAME REGION
Starting from May 18 , the movements of people within the territory of the same region will not be subject to any limitation. The State or the Regions, based on the provisions of the law decree 25 March 2020, n. 19, may adopt or reiterate measures limiting circulation within the regional territory in relation to specific areas affected by a particular aggravation of the epidemiological situation.
BETWEEN DIFFERENT REGIONS
Until June 2 remain prohibited the movement, with means of public and private transport, in a region other than that in which you currently are in, as well as those to and from foreign countries, except for proven business needs, absolute urgency or for health reasons; in any case, the return to one's home, home or residence is allowed.
From 3 June , travel between different regions can only be limited by state measures adopted pursuant to article 2 of the decree of 25 March 2020, no. 19, in relation to specific areas of the national territory, according to principles of adequacy and proportionality to the epidemiological risk actually present in these areas.
FROM AND TO ABROAD
These rules will also apply to travel to and from abroad , which may be limited only by state measures also in relation to specific states and territories, according to principles of adequacy and proportionality to the epidemiological risk and in compliance with the constraints deriving from the regulation of the European Union and international obligations. However, travel between Vatican City or the Republic of San Marino and neighboring regions will be allowed.
PROHIBITION OF MOBILITY FOR THOSE WHO ARE IN QUARANTINE
The prohibition of mobility from one's home or dwelling for persons subjected to the quarantine measure by provision of the health authority is confirmed as being positive for the Covid-19 virus, up to the ascertainment of recovery or admission to a health facility or other intended purpose structure. The precautionary quarantine is applied by provision of the health authority to subjects who have had close contacts with confirmed cases of positive subjects to the Covid-19 virus and to other subjects indicated with the measures adopted pursuant to article 2 of the decree law n.19 2020.
PROHIBITION OF ASSEMBLIES
It is prohibited to gather people in public places or open to the public.
RELIGIOUS FUNCTIONS
The religious functions with the participation of people are carried out in compliance with the protocols signed by the Government and the respective confessions, containing the appropriate measures to prevent the risk of contagion.
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Economic, productive and social activities
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Starting from 18 May , economic, production and social activities must take place in compliance with the contents of protocols or guidelines , suitable to prevent or reduce the risk of contagion in the sector of reference or in similar areas, adopted by the regions or by the Conference of regions and autonomous provinces, in compliance with the principles contained in the protocols or national guidelines. In the absence of regional ones, the protocols or guidelines adopted at national level apply. Limiting measureseconomic and production activities can be adopted, in compliance with the principles of adequacy and proportionality, with state measures issued pursuant to article 2 of law decree no. 19 of 2020 or, pending these measures, by the Regions.
REGIONAL MONITORING
To ensure that economic, production and social activities are carried out safely, the regions monitor the trend of the epidemiological situation in their territories on a daily basis and, in relation to this trend, the conditions of adequacy of the regional health system . The monitoring data are communicated daily by the regions to the Ministry of Health , the Higher Institute of Health and the Technical-Scientific Committee. In relation to the trend of the epidemiological situation in the territory, the individual region, by informing the Minister of Health at the same time, can introduce derogatory, expansionary or restrictive measures, compared to those laid down at the state level.
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Sanctions
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Failure to comply with the contents of the regional or, in the absence, national protocols or guidelines that do not ensure adequate levels of protection, causes the suspension of economic or production activity until the safety conditions are restored.
Unless the fact constitutes a crime other than that referred to in Article 650 of the Criminal Code ("Failure to comply with the Authority's provisions"), violations of the provisions of the decree, or of the decrees and orders issued to implement them, are punished with the administrative sanction referred to in article 4, paragraph 1, of law decree n.19 of 25 March 2020, which provides for the payment of a sum from € 400 to € 3,000 , increased up to a third if the violation occurs through the use of a vehicle.
In cases where the violation is committed in the exercise of a business activity, the ancillary administrative sanction of the closure of the business or activity for 5 to 30 days is also applied . If necessary to prevent the continuation or recurrence of the violation, the proceeding authority may order the temporary closure of the activity or exercise for a duration not exceeding 5 days, possibly to be offset by the accessory sanction definitively imposed, in its running. In case of repeated violation of the same provision, the administrative sanction is doubled and the accessory one is applied to the maximum extent.
