Necessity and Urgency Decree No. 754/2020: mandatory and preventive social isolation and social distancing.
Public Law Department Report | Necessity and Urgency Decree No. 754/2020: mandatory and preventive social isolation and social distancing.
Within the state of the sanitary emergency currently in force, the President issued the Necessity and Urgency Decree No. 754/2020 -published on September 20th, 2020- which introduced some modifications to those areas subject to Mandatory and Preventive Social Insulation and for those under and Social Distancing, between September 20th and October 11th, 2020.
Along its first chapter, said Decree identifies the jurisdictions that will be subjected to the Social Distancing regime, being them: every department belonging to the provinces of Catamarca, San Juan, Tucumán, Chaco, Chubut, Córdoba, Corrientes, La Pampa, Formosa, Mendoza, Misiones, Neuquén, San Luis, Santa Fe, Entre Ríos, except for Paraná, Colonia Avellaneda, Oro Verde, San Benito and Gualeguaychú, Tucumán, Tierra Del Fuego, Antártida e Islas del Atlántico Sur, except for Río Grande and Tolhuin, Santa Cruz, except for the agglomeration of Rió Gallegos, Jujuy, except for Manuel Belgrano, Ledesma, El Carmen, Yavi, Susques, Rinconada, Palpalá and San Pedro, Río Negro, except for the agglomerations of Bariloche and Dina Huapi and the department of General Roca, La Rioja, except for Capital, Salta, except for José de San Martín, Cerrillos, Rosario de Lerma, General Guemes, La Caldera, Capital and Orán, Santiago del Estero, except for Capital and La Banda and all of the Departments of the Buenos Aires Province, with exception of those included in the AMBA region, General Pueyrredón, Bahía Blanca and Tandil.
Social Distancing requires compliance with the following requirements: (i) an adequate health system with capacity to respond the sanitary demand, (ii) that the jurisdiction is not considered as of viral community transmission by the National Sanity Authority, (iii) confirmed cases duplication time isn’t inferior to 15 days. When any of the mentioned requirements is not fulfilled, both National and provincial authorities should define which requirements are to be applicable.
Moreover, the Decree states people circulation is only allowed within the limit of their department or municipality, unless for those with Unique Circulation Certificate. Specific conduct parameters will need to be fulfilled, e.g., minimum distance of 2 meters. Also, said Decree states provincial authorities are entitled to dictate regulations in order to limit circulation to specific timeframes or zones, and state 14 days isolation with regards to people entering their provinces from other jurisdictions.
Also, it is important to point out that for the developing of economical, industrial, business or services activities a special protocol is to be required, approved by the sanitary authority and always limiting closed spaces to 50% of its capacity.
Furthermore, prohibition to develop the following activities is still maintained: (i) public or private events with an attendance of more than 10 people, (ii) the practice of any sports with more than 10 people or that won’t allow a 2 meter distancing, (iii) cinemas, theaters, clubs, cultural centers, (iv) public transportation service for interurban, interjurisdictional and international passengers, except for the exceptions previously established (i.e., essential activities), (v) touristic activities, (vi) meetings during working hours that do not comply with 2 meters distance and correct ventilation of spaces and (vii) prohibition of family reunions or events in closed spaces or in people’s domiciles. As per request of the Governors, the Chief of Cabinet may authorize exceptions to said prohibitions, with requirement of a previously approved protocol.
Also, said Decree keeps the prohibition of personal classes in all of the levels and all of the modalities. The National Ministry of Education will establish for each level and modality, the mechanisms and authorities entitled to regulate the renewal of classes.
In its second chapter, Decree No. 714/2020 establishes Mandatory and Preventing Social Insulation for the following jurisdictions: the Metropolitan Area of Buenos Aires, as defined in the Decree, the Departments of General Pueyrredón, Bahía Blanca and Tandil, Provincia de Buenos Aires, Paraná, Colonia Avellaneda, Oro Verde, San Benito and Gualeguaychú, from Entre Ríos, Manuel Belgrano, Ledesma, Palpalá, Susques, Yavi, Rinconada, El Carmen and San Pedro from Jujuy, Río Gallegos from Santa Cruz, Río Grande and Tolhuin from Tierra del Fuego, Antártida e Islas del Atlántico Sur, Capital, from La Rioja, General José de San Martin, Cerrillos, Rosario de Lerma, General Güemes, La Caldera and Orán from Salta and Capital City and La Banda, from Santiago del Estero.
Essential and authorized activities remain as established by Decree 714/2020, along with those activities that were incorporated by later Decisions, requiring the approval of protocols by sanitary provincial or City of Buenos Aires authorities.
The granting of new authorizations for new activities is also kept with no changes and depends on the amount of inhabitants of each region (over or under 500,000) and of the specific distinctions made for special jurisdictions (for instance, AMBA).
Also, Mandatory and Preventing Social Insulation maintains restrictions for the developing of activities implying people’s reunion; among others, those concerning public and private events, teaching classes, shopping malls and tourism. The Chief of Cabinet is entitled to the authorization of any of the aforementioned activities, as per request of the Governor or the Chief of the City of Buenos Aires.
Lastly, said Decree has a third chapter including common dispositions to both Mandatory and Preventing Social Insulation and Social Distancing, mainly regarding to epidemiology monitoring schemes, the restriction to circulate for suspected or confirmed COVID-19 cases, the extension of the closure of Argentine borders and interjurisdiccional circulation.
Please do not hesitate in coming back should you have any queries.
Juan Antonio Stupenengo