Living with Covid-19. DPCM 26.4.20 organizes the ‘orchestra rehearsals’ to launch phase 2 in Italy. (1) Namely, the gradual relaxation of the contagion containment measures, introduced with lockdown 11.3.20 and updated in the following weeks (2,3,4). The regulations under consideration-although they apply for the short period 4-17.5.20-define the basis for a new scenario, particularly with regard to security measures and protocols to be applied in the various sectors. ABC to follow.
DPCM 26.4.20, orchestra rehearsals
‘Orchestra rehearsals’ are set up, in the Prime Minister’s Decree 26.4.20, through various means:
– General prevention and information measures,
– Safety in and around workplaces, updating of rules through Protocol 24.4.20, (5)
– Opening of hitherto suspended business activities, as of 4.5.20. With special limits and requirements, to be applied to public establishments,
– Individual activities allowed with self-certification, updates, (6)
– Entry and transit of persons into Italy, transitional arrangements.
Regions, autonomous provinces and municipalities maintain a crucial role in the daily monitoring of the epidemiological situation, with a duty to report to the Ministry of Health, ISS, Covid mandated technical-scientific committee to keep an eye on any recovery of the R0 index and prevent new outbreaks of infection:
– the governors of the regions have primary responsibility for risk analysis and management. With the onus being on the Ministry of Health to promptly propose the necessary and urgent restrictive measures to the Ministry of Health in the event of an increase in infections,
– mayors are responsible for overseeing the implementation of social distancing measures in the territory. With power to order the closure of parks, villas and other public spaces in case of gatherings that cannot otherwise be controlled.
The R0 index, ‘baseline reproduction number,’ expresses ‘the average number of secondary infections produced by each infected individual in a fully susceptible population i.e., one that has never come in contact with the newly emerging pathogen.’ (7) R0 finally fell below 1, nationwide, on 4/30/20. (8) The epidemic can therefore be contained at last. It is the legal responsibility of some-politicians, public administrators, employers-and the moral responsibility of all to make sure that the trajectory remains downhill.
GENERAL prevention and information measures (Article 3)
The elderly or those with chronic or multimorbid conditions and/or immune-compromised persons are recommended to avoid leaving their home or dwelling outside cases of strict necessity. It’s just too bad that the large-scale retail trade (GDO) andecommerce in Italy still ignore the requirements of priority and free delivery of groceries to vulnerable people, repeatedly urged by Égalité with the petition we invite everyone to sign. And the most fragile people are therefore forced to leave their homes, exposing themselves to serious risks and difficulties, in order to fulfill the primary need to obtain food.
‘It is recommended that in all public places, gyms, supermarkets, pharmacies and other places of gathering, hydroalcoholic solutions for hand washing be made available’ (DPCM 26.4.20, Annex 4)
The essential prevention measures in the Ministry of Health’s Decalogue must be shared and communicated by every entity (public and private) through notices to be displayed in spaces open to the public (Annex 4).
Masks for all (art. 3.2)
The requirement to wear masks-as expected and already provided for in Veneto, Lombardy and Tuscany-is extended to the entire country:
– On premises open to the public (including means of transportation), and
– on all occasions where compliance with the minimum safe distance (1 meter) cannot be continuously ensured.
Surgical masks and respirators (FFP2, FFP3 or N95) are allowed, as well as self-made ones. Disposable or washable–to be carefully sanitized before reuse–in multilayer materials. So as to cover the face from below the chin to above the nose and provide the necessary adherence to function as barriers.
The requirement does not apply to children under 6 years of age, individuals with forms of disability not compatible with the continued use of a mask, and those who interact with them.
SOCIAL ACTIVITIES AND SERVICES (Article 1)
Social activities suspended
All activities involving public influxremain suspended. Namely:
– Sports events and competitions, ski facilities,
– Organized events, events and performances (cultural, recreational, sports, religious, fairs), anywhere, with the presence of the public,
– museums and other cultural institutions or places (as far as opening to the public is concerned),
– In-person meetings and conferences,
– gyms, sports and swimming centers, wellness and spa centers, swimming pools, cultural, social and recreational centers,
– public and private competitions, except in cases of evaluations to be performed only remotely (e.g., on a curricular basis or in telematic mode),
– Driver’s license proficiency examinations to be held at the DMV,
– kindergartens, schools of all levels, including universities, institutions of higher education in art, music and dance, professional courses, master’s degrees. Subject to the possibility of distance learning and the faculties granted to individual universities (see next paragraph). In any case, specific training courses in general medicine are excluded from the suspension.
Ordinary leave of health and technical personnel is also suspended.
Allowable social activities
The following activities are allowed from 4.5.20:
– training of athletes, professional and non-professional, recognized of national interest by CONI, CIP (Italian Paralympic Committee) and respective federations. Behind closed doors, excluding team disciplines, in compliance with social distancing rules,
– opening of places of worship, provided that assemblies are avoided and a safe distance (1 meter) is maintained between attendees. The only ceremonies allowed are funeral ceremonies, with no more than 15 people, to be held outdoors if possible.
University. Individual universities must allow remote participation by students who cannot attend in person (without prejudice to any admission to exams or assessments). They also have the power to decide on:
– continuation of classes, including integrated approach (distance and in-person), reopening of laboratories and libraries,
– Restoration of ordinary functions (exams, internships, research and laboratory, library). Provided that spaces are organized to ensure spacing, prevention and protection measures. With specific regard to people with disabilities. (9)
Social and social-health services (Article 9)
Social and social-health services provided under authorization or agreement, including in semi-residential centers for people with disabilities, are reactivated ‘according to territorial plans, adopted by the regions.’ That is, ‘social welfare, social-educational, multi-purpose, social-employment, health and social-health‘ activities-already plagued by widespread shortages of Essential Levels of Care (EAAs)-resume in a spotty manner.
Thus, social and health care is linked to factors that are endogenous rather than exogenous (e.g., the spread of the virus in some provinces). The variable (in)ability to organize at the territorial level thus affects the constitutional rights to health, of those directly affected, and to work of familycaregivers.
Juvenile correctional and penal institutions must apply solitary confinement to new admissions of individuals with symptoms (recommending home detention). Limit personal interviews to exceptional cases only, with a minimum distance of 2 meters. Provide only telephone or video modes for visual interviews, with an exception to the duration limits. Limiting furloughs and semi-custody, considering home detention as an alternative measure.
COMMERCIAL ACTIVITIES (Annex 1)
The only retail businesses allowed–with strict adherence to hygienic precautions and interpersonal safety distances–listed below:
– Hypermarkets, supermarkets, discount food stores, convenience stores, and other non-specialized establishments of various foods, including frozen foods
– retail trade in food, beverages and tobacco in specialized establishments (ateco codes 47.2)
– Pharmacies, parapharmacies, hygienic, biomedical and orthopedic items
– Perfumery and personal care products, soaps and detergents
– pets and pet food
– Newspapers, magazines and periodicals, books, paper, cardboard and stationery
– optics and photography
– Computers, peripherals, telecommunications equipment, audio and video consumer electronics, home appliances
– Computer and telecommunications (ICT) equipment in specialized establishments (ateco code 47.4)
– Hardware, paint, flat glass, electrical and plumbing supplies, lighting
– baby and children’s clothes
– flowers, plants, seeds and fertilizers
– motor fuel.
On the other hand, ecommerce-which already operates under a tax haven regime with a ridiculous 3 percent web tax introduced in Italy only on 1.1.20 (10)-is allowed to continue selling any kind of product. In defiance of the level playing field cited in the Treaty for the Functioning of the European Union, as well as the primary meaning of restraint measures. Which is precisely to contain reopenings, and thus the flows of people on the move, to the bare minimum. In France, as noted, the Nanterre Court banned Amazon from selling nonessential products. Instead, Italy discriminates against distribution that invests, employs and pays taxes domestically.
Food and beverage services and public establishments (including bars, ice cream parlors and bakeries) allowed are:
– take-away sales and home delivery(food delivery, in accordance with the procedures set out in already shared guidelines),
– Canteens that guarantee interpersonal safety distance (1 m).
Public establishments in hospitals, airports and highways (for take-out sales only) also remain open.
Measures to be applied in all exercises (Annex 5)
Establishments must ensure continuous adherence to minimum interpersonal distances (1 meter) and the rarefaction of presences within the premises through staggered entrances (including increased time slots). Measures to be observed:
– rarefaction. No more than 1 person at a time and 2 operators are allowed inside rooms of area <40 square meters. In larger rooms, access should be regulated according to space, differentiating entry and exit routes if possible,
– information (signs, floor markings, etc.) to ensure that customers waiting to enter are spaced out,
– Cleaning and sanitizing rooms, at least twice a day,
– Natural ventilation and adequate air exchange,
– hand disinfection systems, particularly next to keyboards, touch screens and payment systems,
– Use of masks in enclosed places and where interpersonal distancing cannot be maintained,
– Use of disposable gloves in purchasing activities, particularly for food and beverages.
SERVICES
The services of:
– Banking, finance, insurance,
– construction (see ‘Shared regulatory protocol for containing the spread of COVID-19 on construction sites‘, Annex 7),
– real estate, transportation,
– post offices, hotels,
– publishing and film, telecommunications,
– legal, accounting, architecture and engineering, research and development, personnel research and supply, and supervision and investigation,
– education, health care, residential and nonresidential social work, and veterinary care,
– cleaning and pest control, laundries including industrial laundries, dry cleaners, funeral homes and related activities).
Besides essential public services, as a matter of course. However, the activities of hairdressers, barbers, and beauticians remain suspended.
Transportation
The ‘Shared RegulatoryProtocol fortheContainment of the Spread of COVID-19 in the Transport and Logistics Sector‘ and ‘GuidelinesforUser Information and Organizational Arrangements for the Containment of the Spread of COVID-19inPublic Transport‘ (Annexes 8 and 9) apply.
Local public transportation, scheduled and non-scheduled, must be rescheduled regionally to ensure minimum essential services and avoid overcrowding. International, automobile, rail, air, sea and inland water transportation services may be reduced, suspended or restricted. Also by imposing specific obligations on users, crews, carriers and shipowners.
MANUFACTURING, INDUSTRIAL AND COMMERCIAL ACTIVITIES (Art. 2)
The only manufacturing, industrial and commercial activities allowed are those listed in Annex 3 of the Prime Minister’s Decree 26.4.20:
– Agricultural and food supply chains and related activities
– Chemical and pharmaceutical industries, textile and paper, wood, metals
– Manufacture of electronic and optical products, electromedical and household appliances
– Production of machinery, motor vehicles, trailers and other transport equipment
– manufacturing industries.
In case of violation of the infection prevention rules established in Protocol 24.4.20, the activity is suspended until reinstatement (with a 3-day deadline to handle essential activities, including shipment of goods to the warehouse).
Suspended activities may continue if organized remotely. With access to business premises, subject to prefect notification, for supervisory, conservation and maintenance activities, payment management and sanitation. Shipping and receiving goods in the warehouse is also possible.
Public and private employers are still encouraged to apply smart working to every employment relationship. It is also recommended, still at this stage, to promote the use of ordinary leave and vacation periods.
ENTRANCE, TRANSIT AND TEMPORARY STAY in Italy.
Rules of entry into Italy (Art. 4)
Those entering Italy by scheduled transport must provide the carrier, upon boarding, with a statement with:
– travel reasons,
– full address of the dwelling where thefiduciary isolation under medical supervision, mandatory for 14 days, will take place,
– Private means of transportation to be used to reach the place of isolation,
– Phone number including mobile.
Boarding is prohibited if the declaration is incomplete or the passengers-whose temperature is to be measured-are manifesting a febrile state (>37.5°C).
All persons entering Italy, even by their own means, are obliged to immediately notify the prevention department of the local health authority (ASL) with jurisdiction over the area, and are subject to health surveillance and fiduciary isolation for a period of 14 days at the indicated abode. If symptoms occur, they have a duty to inform the health authority immediately, wear surgical mask, stay in their room with closed door and adequate ventilation.
The competent ASL carries out health surveillance in the following ways:
(a) telephone contact and collection of detailed information on areas of stay and travel route in the previous 14 days,
(b) notice to the general practitioner or pediatrician by whom the person is attended,
(c) ascertaining the absence of fever or other symptoms of the person to be placed in isolation and any cohabitants,
(d) informing the person about symptoms, contagiousness and forms of virus transmission, measures to be implemented to protect any cohabitants,
(e) information about the need to measure body temperature twice a day, maintain isolation for 14 days, prohibition of social contact, travel, and travel, and the requirement to remain reachable for surveillance activities,
(f) daily contact for news about health conditions.
Rules of transit and stay in Italy (Art. 5)
Entry into Italy for proven business needs is permitted. For a period not exceeding 72 hours, extendable for another 48. The person concerned must deliver to the carrier-or to the Department of Prevention of the competent Health Authority, in case of entry by autonomous means-a statement where the proven work needs, duration of stay in Italy, address of abode and private means to be used to reach it, and telephone number are indicated.
After the period of stay has expired, the person must leave the country immediately. Otherwise, he must undergo fiduciary isolation under medical supervision for 14 days, as stated above.
Transit in Italy to reach another state is allowed for 24 hours, extendable by another 12. Persons must fulfill the above reporting duties (to the carrier or ASL), including specifying the final destination. If the deadline is exceeded, a 14-day fiduciary isolation under medical supervision is triggered.
The provisions on entry, transit and residence do not apply to:
– Crew of the means of transportation,
– Personnel of companies with registered offices in Italy,
– Health personnel entering Italy to practice their profession,
– Incoming and outgoing cross-border workers for employment purposes. (11)
Cruise ships and foreign-flagged ships (Art. 6)
Further forecasts on cruise services:
– still suspended services of Italian-flagged ships, prohibition of entry into Italian ports (even for idle stay) to ships flying other flags
– isolation and health surveillance for 14 days to Italian passengers or residents of Italy who upon disembarkation at the port of end of cruise decide to stay in Italy
– Immediate relocation of those residing abroad, with expenses borne by the shipowner
– whether at least one case of Covid-19 occurred in the ship, isolation and surveillance of passengers who were in close contact with it. At the designated location or foreign state of destination (with protected transport, paid for by the shipowner), including on board for the crew (Article 6).
SURVEILLANCE AND EXECUTION OF MEASURES (Art. 9)
Prefects with territorial jurisdiction shall ensure the execution of the measures, making use of the Police, Fire Department, National Labor Inspectorate and Carabinieri Command for labor protection. Also the armed forces, where necessary, after hearing the relevant territorial commands and informing the presidents of affected Autonomous Region and Province.
Dario Dongo, Alessandra Mei, Andrea Gazzetta
Notes
(1) Decree of the Presidency of the Council of Ministers (DPCM) 26.4.20. Further implementing provisions of Decree-Law No. 23 February 2020, no. 6, on urgent measures on the containment and management of the epidemiological emergency from COVID-19, applicable throughout the country. (20A02352) OJ General Series 27.4.20 no. 108, https://www.gazzettaufficiale.it/eli/id/2020/04/27/20A02352/sg
(2) DPCM 11.3.20, so-called #RestiamoaCasa decree, https://www.egalite.org/coronavirus-si-ferma-litalia-ma-non-la-solidarieta-digitale/
(3) DL 25.3.20, no. 19, https://www.egalite.org/covid-19-quando-e-a-quali-condizioni-si-puo-uscire-di-casa/
(4) DPCM 10.4.20, https://www.egalite.org/lockdown-italia-proroga-con-alcune-modifiche/
(5) Protocol 24.4.20, Measures to contain contagion in workplaces, https://www.greatitalianfoodtrade.it/sicurezza/covid-19-e-sicurezza-sul-lavoro-protocollo-24-4-20-l-abc
(6) Outings outside the home allowed since 4.5.20, https://www.egalite.org/covid-19-italia-verso-la-fase-2-le-uscite-fuori-casa-ammesse-dal-4-5-20/
(7)
What is R0 and why is it so important
. ISS (Superior Institute of Health). 5.2.20, https://www.iss.it/primo-piano/-/asset_publisher/o4oGR9qmvUz9/content/id/5268851
(8)
ISS, R0 index of infections dropped below 1 across Italy
. AGI (Italian News Agency). 30.4.20, https://www.agi.it/cronaca/news/2020-04-30/coronavirus-iss-indice-r01-8482834/
(9) The inclusion of students with disabilities is one of Italy’s most obscene shames. See Istat report, school year 2018/2019 https://www.egalite.org/2-scuole-su-3-inaccessibili-agli-alunni-con-disabilita-rapporto-istat/
(10) Alessandro Galimberti.
New web tax on the way
. Il Sole 24 Ore. 12/31/19, https://www.ilsole24ore.com/art/nuova-web-tax-via-portera-ogni-anno-108-milioni-piu-ACesBi8?refresh_ce=1
(11) European Commission.
Covid-19 – Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy
. Communication (2020) 2050. 3/30/20, https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/20200327_c-2020-2050-report.pdf
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law from the University of Bologna, she attended the Master in Food Law at the same University. You participate in the WIISE srl benefit team by dedicating yourself to European and international research and innovation projects.
Veterinarian at the University of Padova, specializing in the inspection of food of animal origin and specializing in breeding, hygiene, pathology of aquatic species and control of derived products. After various experiences as quality manager in the collective catering sector and management of an accredited laboratory for agro-food analysis, he is a manager at the Veterinary Service of Food Hygiene (SVIA) of ULSS 7 Pedemontana (Veneto)
