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Viale Crispi © AndriaLive
The president of the Puglia Region Michele Emiliano issued ordinance n. 448 with which it has, effective from December 8 to December 14, 2020, configure the following Municipalities as “orange zone”:
Andria, Barletta, Bisceglie and Spinazzola for the BAT province;
Accadia, Ascoli Satriano, Carapelle, Cerignola, Lucera, Manfredonia, San Marco in Lamis, San Nicandro Garganico, San Severo, Torremaggiore, Troia, Zapponeta, Foggia and Monte Sant’Angelo in the province of Foggia;
as well as in the municipalities of Altamura and Gravina in Puglia in the province of Bari.
“In the Municipalities informed by the Department of Health Promotion of the Puglia Region – declares President Michele Emiliano – there are still situations of epidemiological risk that we intend to control by extending the regime of the so-called ‘orange area’ for a week, with the hope to see infections decrease. If this circumstance occurs, it will also happen in the aforementioned municipalities in the yellow zone from December 14. The order was previously agreed with the Government ”.
The ordinance establishes that, in the twenty aforementioned municipalities, the following measures be applied to contain the risk of spreading the virus:
- Any movement with public or private means of transport in a municipality other than that of residence, domicile or domicile is prohibited, except for a proven need for work or study, for health reasons, for situations of need or for carrying out activities or use. of services not suspended and not available in that Municipality;
- 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 in a contractual manner provided that the protocols or guidelines aimed at preventing or containing infection Only catering with home delivery is allowed in compliance with sanitary and hygienic regulations for both packaging and transport activities, as well as catering with take-out food until 10:00 p.m., with prohibition of consumption on the spot or at the vicinity. In any case, the food and beverage outlets located in the service and refueling areas located along the motorways, the European routes E45 and E55, in hospitals, airports, ports and interports remain open, with the obligation of ensure in any case respect for interpersonal distance of at least one meter;
- Regional Ordinance n. 444 of December 4, 2020 and the other measures provided by the Prime Minister’s Decree of December 3, 2020, with the exception of those mentioned in article 3, also apply to the territories referred to in this ordinance;
- Without prejudice to the power of the Mayors to adopt more restrictive measures within their competence in the territorial scope of reference, in compliance with the principles of adequacy and proportionality, if such measures are justified by a particular local situation;
- Unless the act constitutes a crime, failure to comply with the provisions of this ordinance entails the application of the sanctions provided in art. 2 of Legislative Decree 33 of May 16, 2020 converted, with amendments by law July 14, 2020, n. 74.
On the basis of ordinance n. 448 there are the following considerations:
The Health Department has transmitted the analysis of the monitoring data on the spread of the infection, based on the monitoring indicators referred to in the Ministerial Decree of April 30, 2020 calculated at the provincial level, from which questions arise Specific criticisms for the provinces of Foggia and BAT, which involve a “high” risk assessment with reference to the probability of spread of the epidemic, as well as a “high” risk assessment with reference to the impacts on the regional health system ;
The Department also transmitted an additional analysis of the follow-up data, which highlighted specific criticalities in some municipal areas, taking into consideration several indicators at the municipal level, including: the absolute number of new positive cases in the molecular test for the diagnosis of the infection. SARS-CoV-2 detected in the last two weeks of follow-up (period 16-22 and 23-29 November); the incidence rate (number of new cases compared to the resident population) for each of the two weeks, the relationship between the municipal incidence rate and the similar regional rate for each of the two weeks;
The analysis carried out is based on an evaluation methodology that foresees that in the municipalities where there is a number of positive cases in the molecular test for the diagnosis of SARS-CoV-2 infection detected in each of the two weeks greater than 10, The exceeding of one of the following two risk thresholds is evaluated:
■ Relationship between the municipal incidence rate and the regional incidence rate greater than the value of 1.3 (which corresponds to an excess of 30% of the municipal incidence compared to the regional value) in both weeks of follow-up;
■ relationship between the municipal incidence rate and the regional incidence rate of more than 2 in the last week of follow-up (corresponding to an excess of more than 100% compared to the regional value);
The results of the analysis led the Department of Health to point out that, in the two provinces classified with a “high” risk assessment, some municipalities exceed at least one of the risk thresholds specified below:
■ In BAT province, the municipalities of: Andria, Barletta, Bisceglie and Spinazzola (number of cases per week greater than 10; relationship between municipal rate and regional rate greater than 1.3 for two weeks);
■ in the province of Foggia, the municipalities of: Accadia, Ascoli Satriano, Carapelle, Cerignola, Lucera, Manfredonia, Monte Sant’Angelo, San Marco in Lamis, San Nicandro Garganico, San Severo, Torremaggiore, Troia, Zapponeta (upper n. at 10; ratio between municipal rate and regional rate greater than 1.3 for two weeks), Foggia (no. cases per week greater than 10; ratio between municipal rate and regional rate greater than 2 in the last week);
Outside of the two provincial areas classified as “high” risk according to the indicators and the evaluation algorithm mentioned in the Ministerial Decree of April 30, 2020, the Department of Health also found a specific additional criticality in the municipalities of Altamura and Gravina in Puglia. the province of Bari, which shows a relationship between the municipal incidence rate and the regional incidence rate greater than 2 in both weeks of follow-up;
The Department concluded that in the municipalities of the provinces of Foggia and BAT, as mentioned above, and in the municipalities of the province of Bari, Altamura and Gravina in Puglia, the monitoring data revealed a high risk, both with reference to the probability of spread of contagion than the evaluation of the impacts on the regional health system, such as requiring the adoption of additional appropriate measures to (re) locate the aforementioned territories in infra-regional “orange” areas, applying the measures referred to in the Article 2 of the aforementioned Dpcm December 3, 2020;
The order was also issued:
considering the need to contain the spread of the SARS-CoV-2 / COVID-19 virus and without prejudice to the other measures prescribed by the Dpcm of December 3, 2020 and by the Ordinance of the President of the Regional Council n. 444 of December 4, 2020, in the municipalities of Andria, Barletta, Bisceglie and Spinazzola of the BAT province; in the municipalities of Accadia, Ascoli Satriano, Carapelle, Cerignola, Lucera, Manfredonia, San Marco in Lamis, San Nicandro Garganico, San Severo, Torremaggiore, Troia, Zapponeta, Foggia and Monte Sant’Angelo in the province of Foggia; as well as in the municipalities of Altamura and Gravina in Puglia in the province of Bari, with effect from December 8, 2020 until the end of December 14, the following requirements are met:
1) Any movement by means of public or private transport in a municipality other than that of residence, domicile or domicile is prohibited, except for proven needs for work or study, for health reasons, for situations of need or to carry out activities or use services that are not suspended and not available in that municipality;
2) 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 in a contractual manner provided that the protocols or guidelines aimed at preventing or containing contagion. Only catering with home delivery is allowed in compliance with sanitary and hygienic regulations for both packaging and transport activities, as well as catering with take-out food until 10:00 p.m., with prohibition of consumption on the spot or at the vicinity. However, the food and beverage points of sale located in the service and refueling areas located along the motorways, European routes E45 and E55, in hospitals, airports, ports and interports remain open, with the obligation to insure in In all cases, respect the interpersonal distance of at least one meter.
3) The power of the Mayors to adopt more restrictive measures within their competence in the territorial scope of reference remains intact, in compliance with the principles of adequacy and proportionality, if such measures are justified by a particular local situation;
found that the power to dictate more restrictive measures by the President of the Region finds a source of legislation in the emergency provisions referred to in the introduction (Decree-Law May 16, 2020, n.33, converted, with modifications , by law of July 14, 2020, n.74 and, subsequently, by article 1, paragraph 2, letter a), Legislative Decree October 7, 2020, n. 125, which contains “New urgent measures to attend the epidemiological emergency due to COVID-19”) and in the same Dpcm of December 3, 2020, as well as, of course, in article 32 of Law 833/1978,
having recognized the existence of the conditions and prerequisites referred to in article 32 of the Law of December 23, 1978, no. 833, as well as the conditions and conditions referred to in the aforementioned emergency legislation, having formally notified the Minister of Health, without prejudice to new evaluations being carried out by the competent Department of Health in light of the evolution of the situation epidemiological.
In addition, the Puglia region, within the limits of the allocation established by the Government with the ‘refreshments quater’ decree, will face refreshments for the categories in question subject to restrictions.
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