MIL OSI Translation. Region: Italy –
Source: Government of Italy
2 May 2020
What are the innovations foreseen by the Dpcm 26 April 2020? The Dpcm 26 April 2020 introduces, starting from 4 May, various innovations, including, for example, the possibility of visits to one’s relatives living in the same Region and the reopening of public parks and gardens, in compliance with health regulations and in any case avoiding gatherings (the mayors may decide to close the parks again on a temporary basis, if the ban on gathering cannot be guaranteed). closed accessible to the public (such as public transport and commercial establishments). The new Dpcm also establishes the obligation to remain inside the home for all those who have symptoms related to respiratory syndromes and a body temperature above 37.5 degrees.Always on May 4th, you can go back to your motor and sport activities, individually, even distant d At home. Another important novelty concerns the possibility of holding funeral celebrations, with a maximum number of participants set at 15 people, wearing protective masks and possibly outdoors. The Dpcm, always starting from May 4, allows takeaway catering for bars, restaurants and the like, which is added to the already accepted home delivery activity. Various production and industrial activities, the activities for the manufacturing and construction sectors, together with all the wholesale activities related to them , with the obligation to comply with current workplace safety rules.
Can I move to visit someone? Travel is allowed to meet only your relatives (see the following FAQ), which must be considered among the journeys justified by necessity. It is however strongly recommended to limit meetings with non-cohabitants to the maximum, as this increases the risk of contagion. During these meetings the following must be respected: the ban on gathering, the interpersonal distancing of at least one meter and the obligation to use masks for the protection of the respiratory tract.
Who are the relatives with whom it is allowed to meet, according to article 1, paragraph 1, letter a), of the Dpcm of 26 April 2020? The area to which the term “relatives” can refer can indirectly derive, systematically, from the rules on kinship and affinity, as well as from the jurisprudence on civil liability. In light of these references, it must be considered that the “relatives” referred to by the DPCM include: spouses, cohabiting partners, partners of civil unions, people who are linked by a stable emotional bond, as well as relatives up to the sixth degree (such as, for example, the children of the cousins with each other) and the relatives up to the fourth degree (such as, for example, the spouse’s cousins).
Can you go out for a walk? You can leave your home only to go to work, for health reasons, for necessity (in this case the decree includes that of visiting relatives, see FAQ), or to carry out sports or motor outdoors. Therefore, walks are allowed only if strictly necessary to make a move justified by one of the reasons indicated above. For example, it is justified by reasons of necessity to move to shop, to buy newspapers, to go to the pharmacy, or in any case to buy goods necessary for daily life, or to go to any of the open businesses (see FAQ). In addition, every exit from home for outdoor sports or motor activities is justified. It is understood that the justification for all admitted journeys, in the event of any checks, can be provided in the forms and with the methods allowed. The justification of the job can also be proven by showing adequate documentation provided by the employer (badges or similar) suitable to demonstrate the declared condition. In any case, all movements are subject to the general prohibition of assembly, and therefore to the obligation to respect the minimum safety distance of one meter between people.
Are there restrictions on movement for those with symptoms of respiratory infection and fever greater than 37.5 °? People with symptoms of respiratory infection and fever (greater than 37.5 ° C) must remain at home and limit the maximum social contacts, by contacting your doctor.
Is it possible to go out to buy goods other than food? Yes, but only to buy products falling into the categories of genders that are allowed to be sold, expressly provided for in the Dpcm of 26 April 2020, the list of which is available here link (annex 1 and annex 2).
Can anyone outside their home, home or residence come back? Yes. The decree provides that it is in any case allowed to return to your home, home or residence, even if it involves moving between different regions.
Once you have returned to your home / home / residence, as permitted by the Prime Ministerial Decree of 26 April 2020, is it possible to move out of the home / home / residence region reached again? The Dpcm of 26 April 2020 allows the movement between different Regions only in cases where they occur: proven work needs or absolute urgency or health reasons. Therefore, once you have returned to your home / home / residence even from another region (as allowed starting from May 4, 2020), you will no longer be allowed to move outside the borders of the region where you are it is found, if one of the legitimate reasons for moving above mentioned does not occur.
I have an underage son, can I accompany him to a park, a villa or a public garden? Yes. Public access to parks, villas and public gardens is allowed, however, subject to strict compliance with the prohibition of any form of assembly and the interpersonal safety distance of one meter. Areas equipped for the play of children that, according to the new Presidential Decree remain closed, may not be used.The mayor may order the temporary closure of specific areas in which it is not possible to otherwise ensure compliance with the provisions.
Is motor or sport activity allowed? Outdoor sport and motor activity is allowed only if it is carried out individually, unless they are people living together. Starting from 4 May, outdoor sports and motor activities will no longer be allowed only in the vicinity of your home. The presence of an accompanying person for minors or for people who are not completely self-sufficient will be possible.It is mandatory to respect the interpersonal distance of at least two meters, if it is a sport, and a meter, if it is a simple motor activity. In any case, assemblies are prohibited. In order to carry out the motor or sporting activity referred to above, it is also allowed to travel by public or private means of transport to reach the place identified for carrying out these activities. It is not allowed to carry out physical or sports activities outside your region.
Can I use the bicycle? The use of the bicycle is allowed to reach the workplace, the place of residence or the shops that continue the sale. It is also allowed to use the bicycle for outdoor physical activities. In all circumstances, however, the prescribed interpersonal safety distance must be observed.
Can I go to the cemetery to pay homage to a dear deceased, even outside the funeral ceremonies? Yes, it is allowed to move within your region to visit the cemeteries to the deceased, always respecting the interpersonal safety distance of at least one meter and As for parks, even in cemeteries, the assembly ban must always be respected and, if it is not possible to avoid such gatherings, the Mayor can order the temporary closure. For the rules relating to funeral ceremonies, also inside the cemeteries, see the specific faq.
What are the rules for travel to and from abroad? For information on travel to and from abroad, it is advisable to consult the website of the Ministry of Foreign Affairs and International Cooperation.
What are the rules to be followed by merchants and managers of businesses that are open? The rules are indicated in Annex 5 of the Dpcm 26 April 2020. Among these there is the maintenance, in all activities, of the social distancing and the cleaning and environmental hygiene at least twice a day and according to opening hours. It is also mandatory to enforce anti-contagion measures, such as one-at-a-time entry into small shops and regulated and staggered access to larger structures, the use of masks and gloves for workers and that of gel to disinfect the hands and disposable gloves for supermarket customers, to be made available near checkouts and payment systems, as well as, where possible, different routes for entry and exit.
Can stores selling “clothes for children and babies” also sell children’s shoes? Yes, the category of “clothes for children and babies”, indicated in Annex 1 of the Dpcm of 26 April 2020, is to be understood as the most general “clothing for children and infants” and therefore also includes footwear.
Can shops and other retail businesses that sell products other than food or basic necessities and are therefore temporarily closed to the public, can they continue their sales by making home deliveries? Yes, is it possible to deliver products at home, in compliance with the hygienic and sanitary requirements both for packaging and for transport, but with distance selling without reopening the premises. Who organizes home delivery activities – the same operator or a cd. platform – must avoid that at the time of delivery there are personal contacts at a distance of less than one meter. The sale of any kind of goods is also allowed, if carried out by means of automatic vending machines.
On public holidays and holidays, are the medium and large sales structures and shops present inside shopping centers and markets closed? No, there is no difference between weekdays, holidays and holidays, nor between sales structures depending on the size. Supermarkets and hypermarkets in shopping malls, like other commercial establishments, can be open every day, but in any case always limited to the sale of products listed in Annex 1 to the Presidential Decree of 26 April 2020. As regards the markets, both outdoors and covered, in them only the sale of food and agricultural products can be carried out. In all structures, the interpersonal distance of 1 meter must be guaranteed in any case, also through modulation of access and opening. Any form of assembly is prohibited.
Is it possible to sell in the shop (retail) all products whose production is still allowed? No. Retail trade activities remain governed by attachment 1 of the Dpcm 26 April 2020. The production of goods, authorized pursuant to attachment 3 of the same Dpcm (and any subsequent updates) does not authorize retail sale. However, they are still allowed the other forms of sale provided for in attachment 1 (via the internet; by television; by mail, radio, telephone; by means of vending machines).
Is it possible to carry out a drive-through service by the catering companies? Yes, always keeping the interpersonal safety distance of at least one meter and respecting the prohibitions to consume the products at the place of sale and to stop in the immediate vicinity.
Can car dealerships reopen on May 4? Annex 3 of the Prime Ministerial Decree expressly provides that, from 4 May, the activity of the ateco code 45 and the related subcategories, including code 45.1 relating to the “Trade in motor vehicles”, may be resumed. It is therefore allowed to go to a dealer to purchase a vehicle, make a service, change tires and other maintenance activities.
I have a site for selling products online. Can I continue the sales activity? Yes, the trading activity of any product made online or through other telematic channels is always allowed in light of the regulation for commercial establishments provided for in attachment 1 of the Presidential Decree of 26 April 2020, as well as the inclusion of the Ateco codes of postal services, carriers and couriers among those except for the closure of the business.
With the dpcm of April 26, 2020, which production activities can resume? From May 4, 2020, various industrial production activities resume with the restart of the manufacturing and construction sector, together with the wholesale trade of the related supply chains. In detail, all the activities indicated are therefore allowed in ‘annex 3 of the dpcm of 26 April 2020, among which, compared to the Prime Ministerial Decree of 10 April 2020, those relating to the textile, fashion, car, extractive industry and furniture manufacturing sectors are now also included. The list of the dCPm must be considered exhaustive, in the sense that communication to the prefect is no longer envisaged to continue the activities of the continuous production cycle plants, the activities of the aerospace and defense industry, including processing, plants, the materials, services and infrastructures essential for national security and public assistance, as well as the functional activities to ensure the continuity of the production chains. Companies whose activities are not suspended must in any case respect the contents of the regulatory protocols of the measures for the contrast and containment of the spread of the covid-19 virus in the workplace (Annex 6), on construction sites (Annex 7), in the transport and logistics sector (Annex 8), expressly indicated in article 2, paragraph 6, of the dpcm April 26, 2020 and to the latter attached. Failure to implement the protocols that do not ensure adequate levels of protection causes the suspension of the activity until the restoration of the safety conditions. The companies, which resume their activity from 4 May 2020, are also allowed to carry out all the preparatory activities reopening from April 27, 2020.
Is the continuation of the conservation and restoration of works of art allowed? Yes, are restoration activities aimed at the conservation of works of art such as paintings, frescoes, sculptures, mosaics, tapestries, archaeological heritage allowed? they are in fact substantially reducible to recreational or artistic profiles referred to in the Ateco 90.0 code, being instead attributable to the activities covered by Annex 3 of the Prime Ministerial Decree April 26, 2020 of the restoration of historic and monumental buildings (41.20), the wood industry (16), architecture, engineering, testing and technical analysis (71) and other professional, scientific and technical activities (74) as well as repairs of movable property (95).
Can subjects carrying out the repair and maintenance of railway, tramway, trolleybus and subway rolling stock continue their activity? Yes. The activity can continue to be carried out as expressly authorized by attachment 3 of the Presidential Decree of 26 April 2020, Ateco code 33.
Should professional activities, such as that of condominium administrator, be suspended if carried out in the form of an enterprise? All professional activities, regardless of the form in which they are carried out, are expressly permitted because the nature of the activity does not prevail the form in which it is exercised. Article 2, paragraph 2, of the Presidential Decree of 26 April 2020 provides that any activity, even if suspended, may continue to be exercised if organized remotely or in agile work (a circumstance also applicable to condominium administrations).
Can domestic workers, carers and babysitters continue to provide service if they live together? They can continue to provide service, regardless of cohabitation. This activity is in fact included in Annex 3 of the Presidential Decree of 26 April 2020, Ateco Code 97 (Activities of families and partnerships as employers for domestic staff).
I am not registered in the commercial register. Can I continue to carry out my production activity? It depends on the Ateco code of belonging to the activity actually carried out. In fact, it is always necessary to refer to the Ateco codes expressly authorized by attachment 3 of the Presidential Decree of 26 April 2020 and any subsequent changes made by ministerial decree. For this purpose, reference can be made to the Ateco codes resulting from the tax office of the Revenue Agency, indicated as primary or prevalent or secondary activity.
Do the construction sites remain open? In this regard, it should be noted that annex 3 to the Prime Ministerial Decree of 26 April 2020 refers to the “civil engineering” category, identified with the Ateco 42 code, which includes, by way of example, the construction of roads, motorways and tracks. airport, construction of railway and underground lines, construction of bridges and tunnels, construction of public utility works for the transport of fluids, construction of public utility works for electricity and telecommunications, construction of hydraulic works and completion of popular housing. On 24 April 2020, the Minister of Infrastructure and Transport shared with the Ministry of Labor and Social Policies, Anci, Upi, Anas Spa, RFI, ANCE, Alliance of cooperatives, Feneal-Uil, Filca-CISL and Fillea-CGIL a specific regulatory protocol for the containment of the spread of COVID-19 on construction sites, constituting Annex 7 to the Dpcm.
Is it allowed, even outside the municipality of residence, to carry out work on agricultural or forestry areas used for self-consumption production, including cutting firewood for self-consumption? Yes, the cultivation of the land for agricultural or forestry use and the direct production activity for self-consumption fall within the ATECO codes “0.1.” and “02” and are therefore permitted, provided that the interested party certifies, with complete self-declaration of all the necessary indications for the relative verification, the possession of this agricultural or forestry productive surface and that it is actually used for the aforementioned purposes, with indication of the shortest path to reach the site. However, it should be noted that the forest cuts can continue only if the competent Autonomous Region or Province has extended the terms for the cutting season with its own act. The possibility of using professionals in compliance with workplace safety regulations remains with particular reference to the provisions for the prevention of contagion from COVID-19
Can exam sessions and graduation sessions be held? Yes, they can be held in attendance provided that there is an organization of spaces and work such as to minimize the risk of proximity and aggregation and that they are adopted the organizational prevention and protection measures indicated by the Dpcm of 26 April 2020. In the event that the adoption of such measures cannot be ensured, or in all other cases where the presence of students is not possible, it is possible to resort to the remote modalities, in which case the necessary measures must be ensured to guarantee the required advertising.
What changes for the practical activities in the field of research and higher education (traineeships, research and experimental and / or didactic laboratory activities and exercises)? These activities may begin to be carried out in the presence provided that there is an organization of the spaces and work such as to minimize the risk of proximity and aggregation and that the organizational prevention and protection measures indicated by the Dpcm of 26 April 2020 are adopted.If the adoption of such measures cannot be ensured, or in all other cases where the presence of students and / or researchers is not possible, it will be possible to resort, where possible, also to remote modalities.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure can not be perfect.