Curfew from Thursday: here is the Lombardy ordinance



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The order establishing the curfew from 11:00 p.m. to 5:00 a.m. has been signed throughout Lombardy, starting on Thursday, October 22, and ending on November 13. The President of the Region Attilio fontana and the Minister of Health Roberto Speranza They signed it late on Wednesday morning and sent it to Anci and the mayors of the 12 provincial capitals. Shopping centers closed on weekends (except grocery stores) are not mentioned in this ordinance but a second regional should arrive.

Here is the text that establishes that from 11 at night until 5 in the morning of the next day we can move only for “proven work needs” situations of need and urgency and for health reasons. And in any case, the return home is allowed. A self-certification will be required and the sanctions are those provided by the decree of last March 25 on the emergency of the Coronavirus. The curfew decision was made after examining projections on infections that at the end of the month, if the trend does not change, could lead to up to 4,000 hospitalizations in normal wards and about 500 in intensive care.

THE MINISTER OF HEALTH
agreement with the president of the Lombardy region

HAVING SEEN articles 32, 117, paragraph 2, letter q), and 118 of the Constitution;

GIVEN art. 47-bis of the legislative decree of July 30, 1999, n. 300, which assigns to the Ministry of Health the functions that correspond to the State in matters of protection of human health;

GIVEN the law of December 23, 1978, n. 833, which contains “Establishment of the National Health Service” and, in particular, art. 32;

GIVEN art. 117 of the legislative decree of March 31, 1998, n. 112, regarding the attribution of functions and administrative tasks of the State to the regions and local authorities;

GIVEN the decree-law of March 25, 2020, n. 19, which contains “Urgent measures to counter the epidemiological emergency due to COVID-19” and in particular art. 2, paragraph 2 and art. 3, paragraph 1;
GIVEN the decree-law of May 16, 2020, n. 33, converted, with modifications, by art. 1, paragraph 1, of law n. 74 of July 14, 2020, which contains “New urgent measures to face the epidemiological emergency due to COVID-19”;

GIVEN the decree-law of July 30, 2020, n. 83 on “Urgent measures related to the expiration of the declaration of epidemiological emergency of COVID-19 resolved on January 31, 2020” that extends the state of emergency and the measures to contain the epidemic referred to in the decree-law of 25 March to October 15, 2020, n. May 19 and 16, 2020, n. 33;

GIVEN the decree-law of October 7, 2020, n. 125, which contains “Urgent measures related to the extension of the declaration of the epidemiological state of emergency of COVID19 and for the operational continuity of the COVID alert system, as well as for the implementation of Directive (EU) 2020/739 of June 3 2020 “;

GIVEN the decree of the President of the Council of Ministers of October 13, 2020, which contains “Other provisions for the execution of the decree-law of March 25, 2020, n. 19, converted, with modifications, by law May 25, 2020, n. 35, which contains “Urgent measures to face the epidemiological emergency of COVID-19”, and the decree-law of May 16, 2020, n. 33, converted, with modifications, by law July 14, 2020, n. 74, which contains “New urgent measures to face the epidemiological emergency due to COVID-19” published in the Official Gazette of the Italian Republic on October 13, 2020, n. 253;

GIVEN The decree of the President of the Council of Ministers of October 18, 2020 that contains “Other provisions for the application of the decree-law of March 25, 2020, n. 19, converted, with modifications, by law May 25, 2020, n. 35, which contains “Urgent measures to face the epidemiological emergency of COVID-19”, and the decree-law of May 16, 2020, n. 33, converted, with modifications, by law July 14, 2020, n. 74, which contains “New urgent measures to face the epidemiological emergency due to COVID-19” published in the Official Gazette of the Italian Republic on October 18, 2020, n. 258;

HAVING SEEN the resolutions of the Council of Ministers of January 31, 2020, July 29, 2020 and October 7, 2020 with which the state of emergency was declared and extended in the national territory regarding the health risk associated with the appearance of pathologies derived from transmissible viral agents;

TAKING INTO ACCOUNT the statement of the World Health Organization of March 11, 2020 with which the COVID-19 epidemic was evaluated as a “pandemic” in consideration of the levels of diffusivity and severity reached worldwide;

CONSIDERING the evolution of the epidemiological situation, the particularly widespread nature of the epidemic and the increase in cases in the national territory;

NOTING that, according to the monitoring report of the Higher Institute of Health (ISS) of October 16, 2020, the Lombardy region is classified as moderate risk;

While:

– Based on daily monitoring of COVID-19 cases and related hospitalizations, continued growth in infections has been observed regionally since early October 2020, despite the presence of a significant increase in capacity for test, with values ​​of RT per hospital hospitalization calculated by the ISS for the week of October 5 to 11, 2020 equal to 1.68 and an increase is estimated for the week of October 12 to 18, 2020;

– The average daily number of cases was 708 for the week of October 5 to 11, 2020 (266 the previous week) and it is 1964 for the period of October 12 to 18;

– The total number of positives is currently 26,634, of which 1,136 in hospitalization not in intensive care (on October 8, 2020 there were 361) and 113 in intensive care (on October 8 last, 41);

– for the period from 12 to 18 October 2020, the average daily incidence at the regional level is 16.4 cases per 100,000 inhabitants for the Lombardy region;

CONSIDERING that the “Covid-19 RL Indicators Commission”, established with DGR 3243/2020 for the evaluation of the indicators identified in the decree of the Ministry of Health of April 30, 2020 with the consequent mandate to report any emergency situations of greater risk of the spread of the disease that make up the need for limiting interventions, even of local value, he highlighted that as of October 31 – according to the curve of the last days – it is plausible that there are on average 594 (range from 434 to 815) hospitalized in intensive care and even
up to 4,000 admissions outside the ICU;

CONSIDERING, therefore, that the trend of contagions requires the adoption of urgent specific restrictive measures, aimed at containing the contagion, with special attention to the night time slot that can determine in social contexts a relaxation in the fulfillment of the prevention measures of contagion, with the risk of reunion and non-compliance with interpersonal distancing;

CONSIDERING it necessary to adopt this provision which, by involving measures that limit the freedom of movement of people, makes it convenient to share the national health authority and the regional health authority, as well as the active contribution of the state bodies in charge of monitoring compliance with the measures ;

HAVING LISTENED on October 19, 2020 to the mayors of the capital municipalities of the metropolitan city and the provinces who expressed themselves favorably to adopt a measure in the terms indicated in this provision;

AGREED with the Mayor of Bergamo Giorgio Gori, the Mayor of Brescia Emilio Del Bono, the Mayor of Como Mario Landriscina, the Mayor of Cremona Gianluca Galimberti, the Mayor of Lodi Sara Casanova, the Mayor of Lecco Mauro Gattinoni, the Mayor of Mantova Mattia Palazzi, the Mayor of Milan Giuseppe Sala, the Mayor of Monza Dario Allevi, the Mayor of Pavia Fabrizio Fracassi, the Mayor of Varese Davide Galimberti, the Mayor of Sondrio Marco Scaramellini, the President of Anci Lombardia Mauro Guerra and the President of UPL Vittorio Poma;

GIVEN the note of October 20, 2020 with which the President of the Lombardy Region, due to the peculiar epidemiological situation in the area and what was highlighted in the aforementioned meeting of October 19, 2020, represents the need to adopt measures more restrictive, in accordance with Art. 2, paragraph 2, of the decree-law of March 25, 2020, n. 19;

issues the following ordinance:

Art. 1 (Limitations for traveling at night)

1. To counteract and contain the spread of the COVID – 19 virus, throughout the territory of the Lombardy Region, from 11:00 p.m. to 5:00 a.m. the following day, only movements motivated by proven work needs or situations of need or need. urgency or for health reasons; in any case, the return to the home, residence or residence is allowed.

2. The existence of situations that allow the possibility of moving rests with the interested party. This burden can be met by submitting a self-declaration in accordance with art. 46 and 47 of the DPR December 28, 2000, n. 445.

Art. 2 (Final provisions)

1. The provisions of this ordinance produce their effects from the date of October 22, 2020 and are effective until the adoption of a subsequent decree by the President of the Council of Ministers and, in any case, until November 13 2020.

2. Non-compliance with the measures referred to in this ordinance is sanctioned, in accordance with the provisions of art. 4 of decree-law n. 19/2020.

3. This ordinance is published in the Official Gazette of the Italian Republic and in the Official Gazette of the Lombardy Region (BURL) and on the Internet portal of the Lombardy Region, pages dedicated to the Corona virus – health emergency COVID 19.

Health Minister Roberto Speranza
The President of the Lombardy Region, Attilio Fontana



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