Italy is Facing the Second Wave of Covid-19: The DPCM 06/11/20

On November 6th, 2020 the Italian Prime Minister’s new Decree came into force (hereinafter referred to as “DPCM”) and will be effective until December 3rd 2020. The adoption of the decree was considered necessary in order to establish new measures able to cope with the second wave of the Covid-19 pandemic in Italy.

The new DPCM divides Italy into three zones (yellow (I), orange (II) & red (III)), based on the current level of emergency; such division will be subsequently updated every week, using as a criterion for the monitoring of epidemiologic data (e.g. the number of infected people and free hospital beds) of each region. Travel to and from regions included in the red and oranges areas shall be forbidden, except for (1) proven work needs, (2) reasons of absolute urgency or (3) for health reasons.

The yellow area (I) includes the following Regions: Abruzzo, Marche, Molise, Lazio, Veneto e Trentino Alto-Adige, Friuli-Venezia Giulia, Liguria, Toscana, Emilia-Romagna, Umbria, Sardegna, Campania and Basilicata.

In this zone, the new DPCM establishes provisions which are less stringent. Among the measures adopted, in accordance with Article 1, there is a general prohibition of movement from 10 pm to 5 am – except for those justified by the aforementioned numbers (1), (2) or (3). Bars and restaurants may continue their activities from 5 am to 6 pm; take-away services are allowed until 10 pm, while there are no restrictions for home delivery services. Shopping malls shall close during bank holidays and days before bank holidays – except for pharmacies, parapharmacies, grocery stores, tobacconists and newsstands located inside them. Museums and exhibitions shall close, as well as swimming pools, theatres, gyms, cinemas – except for sport centers. Furthermore, the activities of betting and gaming rooms, bingo and slot machines are suspended.

The orange area (II) includes the Puglia and Sicilia Regions.

The new DPCM refers to the orange area within Article 2, prescribing that in this zone there shall be a prohibition of movement from 10 pm to 5 am – except for those justified by reasons (1), (2) and (3).

In addition to the restrictions already issued for the yellow area, restaurants and bars shall be closed as well; however, take-away services are allowed until 10 pm and home delivery services may operate with no restrictions. Furthermore, it is forbidden to move between municipalities – except for the reasons mentioned above.

Finally, in the red area (III) more restrictive measures have been provided by Article 3. This zone currently covers the following Regions: Lombardy, Piemonte, Calabria and Valle d’Aosta. In these Regions, all movements are forbidden – except for proven work needs, reasons of absolute urgency or for health reasons.

Bars and restaurants shall be closed, even though take-away services are allowed until 10 pm and there are no restrictions for home delivery services.

All shops shall close, other than supermarkets, grocery stores and shops for goods of necessity. Newsstands, laundries, tobacconists, hairdressers and barbers may continue their activities – with the exception of beauty centers. Sports competitions are suspended, with the exception of those recognized as being of national interest by CONI and CIP. The activity of sports centres is suspended; motor activity is allowed if carried out in the vicinity of the house, as well as outdoor sporting activity; both of which must be carried out individually.

Prime Minister Conte has announced that the economic operators affected by these new restrictive measures will be promptly supported through the recognition of new allowances.

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