The draft of the Dpcm November 3

In the draft of the Dpcm November 3 the curfew is indicated at 22:00. These are the latest news from new coronavirus decree that the government has presented to the Regions and that will probably be signed tonight at the end of the governors’ statements. The Regions, without formally expressing an opinion, but only observations, reject the Dpcm system: they asked the Government for homogeneous measures throughout the national territory and that the classification for their inclusion in the three risk bands is contradictory with the Cts, before the Ministry of Health assigns the risk classification with the consequent closure measures. In addition, the governors ask that a decree be issued with economic compensation for economic categories, the 2020-21 tax exemption for all economic activities subject to closure measures and that parental leave be granted at the same time as the dpcm.

Now the government has to choose whether to proceed with the signing of the dpcm or postpone the signing and implement the regional indications. In fact, tomorrow the response on risk areas is expected, the division of Italy into the three bands – red, orange and green – as decided by the Ministry of Health.

++ Article updated at 21:26 ++

The draft clarifies the travel bans between regions and the capacity of public transport is reduced to 50%. The final document includes some annexes that are not yet present in this version.

The draft of the Dpcm November 3

“From 10 p.m. to 5 a.m., only trips motivated by proven work needs, situations of need or health reasons are allowed. In any case, it is strongly recommended to all natural persons, throughout the day, not to move , by means of public or private transport, except for reasons of work, study, health, situations of need or to carry out activities or use non-suspended services ”, reads the draft.

The measures will be valid until December 3, the departure date is November 5: this suggests that the approval may be postponed to 4: “The provisions of this decree apply from the date of November 5, 2020, replacing those of the decree of the President of the Council of Ministers of October 24, 2020, and are effective until December 3, 2020 “. The draft says that in areas with a high risk scenario:

• a) Any movement in and out of the territories referred to in section 1 is prohibited, except for movements motivated by proven labor needs or situations of need or for health reasons.
• b) Any movement by means of public or private transport to a municipality other than that of residence, domicile or domicile is prohibited, except for reasons of work, study, health or accredited situations of need.
• c) The activities of the catering services (including bars, pubs, restaurants, ice cream parlors, patisseries) are suspended, with the exception of dining rooms and continuous restoration on a contractual basis provided that the protocols or guidelines aimed at preventing or containing contagion.

Museums, exhibitions, bingo and casinos are closed. In addition, there is a limitation for squares and streets: “The streets or squares of urban centers, where meeting situations may occur, may be closed to the public throughout the day or at certain times of the day, without prejudice to the possibility of access and exit to legitimate businesses and private homes. “In the red zones the Public Administration is present only if there are activities that cannot be postponed. Hairdressers and beauticians only close in those areas.

The new Dpcm today November 3

The draft of the Dpcm November 3: curfew at 10pm and smart work

The preliminary draft provides for 100% of distance learning for secondary schools: “Second grade secondary schools adopt flexible forms in the organization of teaching” so that “100% of the activities are carried out through the use of teaching integrated digital “. However, there is an exception: “The possibility of carrying out activities in the presence is not affected if the use of laboratories is required or necessary due to the disability situation of the subjects involved and in the case of specific learning disorders and others. needs, special educational activities, guaranteeing in any case the online connection with the students of the class who are in integrated digital teaching, so as to guarantee an educational relationship that makes an effective inclusion. ”Primary and kindergarten continue to take place in presence. The project foresees 50% capacity in public transport, but school buses are excluded. Smart work is mentioned:

3. The public administrations referred to in article 1, paragraph 2, of Legislative Decree No. 165, ensure the highest possible percentages of agile work, compatible with the organizational potential and with the quality and effectiveness of the service provided in the manner established by one or more decrees of the Ministry of Public Function, guaranteeing at least the percentage to which it refers Article 263, paragraph 1, of the decree-law of May 19, 2020, n. 34, converted with amendments by law July 17, 2020, n. 77. 3 bis) In public administrations, taking into account the evolution of the epidemiological situation, each person in charge:

a) Organize your office ensuring, on a daily, weekly or multi-weekly basis, the performance of an agile work in the highest possible percentage, and in any case not less than that required by law, of the personnel assigned to the activities that can be carried out in according to these methods, compatible with the organizational potential and the efficiency of the service provided;

b) adopts towards the employees referred to in article 21-bis of the decree-law of August 14, 2020, n. 104, converted, with modifications, by law October 13, 2020, n. 126, as well as as a norm with regard to fragile workers, all useful solutions to ensure the performance of activities in an agile manner also by assigning them to different functions included in the same category or area of ​​employment as defined by collective agreements current, and specific professional training activities;

The draft of the Dpcm of November 3 establishes then that in the high-risk areas that fall within the scenarios 3 and 4 indicated in the ISS document – those characterized by a high-severity scenario and those in which there are situations of maximum gravity – “every movement inside and outside the territories is prohibited.” The measure, which will be adopted by ordinance of the Ministry of Health, may affect “entire regions or parts of them.” In Scenario 4 areas, movements “within the same territories” are also prohibited. In areas characterized by “a scenario of maximum severity and a high level of risk” – the so-called red bands – activities “carried out in open-air sports centers” are suspended, as well as “all events and competitions organized by the organizations. of sports promotion “.

The red areas in the confinement: even the walks only under the house

There is also a stop for cruise ships. And the public competitions are suspended: “The pre-screening and written tests of the procedures of public and private competitions and of those of qualification for the exercise of the professions are suspended, with the exception of cases in which the evaluation of the candidates is carried out exclusively on a curricular basis or in a telematic mode, or in which the commission deems to proceed to correct the written tests with remote connection, as well as exclude competitions for health personnel, including, where appropriate, state exams and qualification for the exercise of the profession of surgeon and of civil protection personnel. “Meanwhile, the meeting between the Minister of Regional Affairs, Francesco Boccia and the Regions has been suspended. According to reports, the governors took time to evaluate the draft.

Advances in the new Dpcm

The opinion of the Regions on the project

The president of the Conference of Autonomous Regions and Provinces, Stefano Bonaccini, sent the Government the opinion (here the pdf) on the DPCM project regarding new urgent measures to face the epidemiological emergency caused by COVID-19.

“The second wave of the pandemic is affecting the entire national territory in a generalized way, therefore the Regions have reiterated the request for univocal national measures and, in addition, more restrictive measures at the regional and local level.” In the provision there are measures that “arouse great perplexity and concern” and that “compress the role and tasks of the Regions”, attributing “every choice and decision to the Government based on the evaluations carried out by the technical bodies.” For this reason, it is “essential to initiate a dispute for the examination of the data with the prevention departments of the regional health services before the adoption of the lists of Regions” characterized by scenarios of high or maximum severity. According to the Regions, the opinion always says, “the procedures identified are not clear” and “the moment when the level of risk is declassified”. That is why it is important that the regions can “participate in the analysis process”, also because of the “impact of the measures at the regional level”. The Regions then request that “at the same time that the Prime Minister’s Decree is issued, the amount of the resources be defined with a provision of law, together with the methods and times of disbursement of the same, thereby proceeding to reestablish of the economic activities that have suffered and are going through “limitations, suspensions and / or closures.” And “with the same provision – it is emphasized in the opinion of the Regions – it is necessary to introduce mechanisms to suspend taxes corresponding to the years 2020 and 2021 for the same economic activities. ”Finally,“ regulatory measures and adequate economic resources are needed for the necessary parental leave for all employees, public and private, and economic conciliation measures for the self-employed ”.

The objective should be, the document concludes, to give “certainty to avoid a depressive effect and the consequent social problems, ensuring the contemporaneity of the measures to contain the epidemic with those to support the affected economic and social categories.”

Attached files