Necessity and Urgency Decree No. 67/2021: Mandatory and Preventive Social Isolation and Social Distancing.
Public Law Department Report | Necessity and Urgency Decree No. 67/2021: Mandatory and Preventive Social Isolation and Social Distancing
Dear Sir or Madam,
Within the state of the sanitary emergency currently in force, the President issued Necessity and Urgency Decree No. 67/2021 – published in the Official Gazette on January 30th, 2021- which fixed the parameters for Social Distancing, between February 1st and February 28th, 2021.
In the first chapter, the Decree specifies the provisions of Social Distancing that will govern all the people within the urban cities and jurisdictions of the different provinces that comply with the requirements set therefore, which are as follows: (i) an adequate health system with the capacity to respond the sanitary demand, (ii) that the jurisdiction is not considered as of viral community transmission by the National Sanity Authority, and (iii) the rate for confirmed cases within the last two closed epidemiologic weeks and the total of confirmed cases is inferior to 0,8.
The Decree also states that, up to today, all jurisdictions in the country are in the Social Distancing stage, and that jurisdictions are entitled to establish limitations according to areas or timings for circulation.
The requirement of protocols for the development of economical, industrial, business or service activities is maintained, and approval by the sanitary authority limiting closed spaces to 50% of its capacity is required. Within the AMBA region, gastronomic activities may only have a 30% of occupation in closed spaces.
Furthermore, the prohibition to develop the following activities is still maintained: (i) public or private events with an attendance of more than 20 people; (ii) the development of cultural, social, recreative or religious events in open space with more than 100 people; (iii) the practice of any sports with more than 10 people or that will not allow a 2-meter distancing; (iv) cinemas, theaters, clubs, cultural centers; (v) public transportation service for interurban, inter-jurisdictional and international passengers, except for the exceptions previously established (i.e., essential activities). As per the request of the Governors, the Chief of Cabinet may authorize exceptions to said prohibitions, with the requirement of a previously approved protocol.
As a new feature, the Decree states in-person classes are authorized to restart following specific evaluation parameters and risk determinations fixed in special regulations. For such purpose, special protocols are to be approved and the final decision is to be taken by the corresponding local authorities, which are entitled to start and suspend said classes depending on the epidemiologic situation.
Said Decree also states that in the case in which based on epidemiological reasons circulation needs to be reduced, the sanitary policy needs to prioritize in-person education modality.
Should you require any further information on this matter, please do not hesitate to contact us.
Juan Antonio Stupenengo