El Peruano – Supreme Decree that extends the Sanitary Emergency declared by Supreme Decree No. 008-2020-SA, extended by Supreme Decrees No. 020-2020-SA, No. 027-2020-SA, No. 031-2020-SA, No. 009-2021 -SA and N° 025-2021-SA – SUPREME DECREE – N° 003-2022-SA – EXECUTIVE POWER

SUPREME DECRET

No. 003-2022-SA

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, Legislative Decree No. 1156, Legislative Decree that dictates measures aimed at guaranteeing the public health service in cases where there is a high risk or damage to the health and life of the populations, has the purpose of identifying and reducing the potential negative impact on the population due to the existence of situations that represent a high risk or damage to the health and life of the populations and order actions aimed at preventing situations or events that lead to the configuration of these;

That, literal e) of article 6 of Legislative Decree No. 1156, consistent with number 5.5 of article 5 of its Regulations, approved by Supreme Decree No. 007-2014-SA, establishes as an assumption that it constitutes the configuration of a health emergency, the declaration by the World Health Organization of the occurrence of a pandemic;

That, with Supreme Decree No. 008-2020-SA, a health emergency is declared at the national level, for a period of ninety (90) calendar days, due to the existence of COVID-19, which is extended by Supreme Decrees No. 020-2020 -SA, No. 027-2020-SA, No. 031-2020-SA, No. 009-2021-SA and No. 025-2021-SA, term that expires on March 1, 2022;

That, through Supreme Decree No. 010-2020-SA, modified by Supreme Decree No. 011-2020-SA, the “Action Plan – Surveillance, containment and care of cases of the new COVID-19 in Peru” is approved; and, the list of “Goods or services required for the activities of the COVID-19 health emergency”, corresponding to the Ministry of Health, the National Institute of Health and the Social Health Insurance – EsSalud;

That, with Supreme Decree No. 029-2020-SA, Annex I “Action Plan – Surveillance, containment and care of cases of the new COVID-19 in Peru” of Supreme Decree No. 010-2020-SA, modified by Decree Supreme Decree No. 011-2020-SA, and the list of goods and services is incorporated into Annex II “Goods or services required for the activities of the COVID-19 health emergency” of Supreme Decree No. 010-2020-SA, modified by Supreme Decree Nº 011-2020-SA, regarding the Ministry of Health and the National Institute of Health;

That, article 11 of the Regulations of Legislative Decree No. 1156, approved by Supreme Decree No. 007-2014-SA, modified by Supreme Decrees No. 022-2020-SA and No. 008-2021-SA, states that the entity or body that formulated the request for the declaration of a health emergency may request its extension, following evaluation and support that determines the need for its continuity over time, and exceptionally, request its extension more than once as long as the event or situation that configured the emergency continues. declaration of health emergency. Likewise, it contemplates that the duration of the extension to be requested must not exceed the duration of the declared health emergency, being exceptional and in duly justified cases, that the term of each extension may include the period of up to one hundred and eighty calendar days, and its The request must be made no less than fifteen calendar days prior to the conclusion of the validity of the term indicated in the declaration of the health emergency or, if applicable, its extension;

That, the National Center for Epidemiology, Disease Prevention and Control of the Ministry of Health, through the Technical Report on the Situation of COVID-19 in the third wave in Peru, with Code: IT-CDC No. 004-2022, has stated that COVID-19 continues to be an event of great importance for public health, in consideration of its high pathogenicity, high transmissibility and high risk of mortality for population groups such as the elderly and people with comorbidities, since the trend of cases confirmed by COVID-19 is shown in ascending order from the epidemiological week – EW 43, the date that the third wave began in Peru and the increase in cases in recent weeks coincides with the isolation (EW 50) of the new lineage of the SARS virus -CoV-2 called the Omicron variant, which may spread more easily than the original SARS-CoV-2 virus;

That, the National Institute of Health, through Official Letter No. 066-2022-JEF-OPE/INS, which attaches Informative Note No. 004-2022-UIE-CNSP/INS and the Technical Report Increase in cases of SARS infection -Cov-2 and Dissemination of the Ómicron variant of concern during the Third Wave of Contagions in Peru, has indicated that, in the last epidemiological weeks of the year 2021 and in the first weeks of the year 2022, an exponential increase in the number has been appreciated. of cases of people with positive molecular and antigenic tests, having gone from an average of 2,000 cases per day to more than 16,000 cases per day, a situation that can also be seen in the percentage of positivity of molecular and antigenic tests, which has gone from between 3 to 6% to more than 30%. This has occurred in parallel with a progressive increase in the distribution of the Ómicron variant in the country, which is becoming the predominant variant, displacing other variants in circulation in the country in a few weeks, since it is estimated that more than 80% of the samples from Lima and Callao correspond to this variant and it is expected that in the coming weeks this will also occur in other regions of the country;

That, with Report No. 001-2022-NCL-DIMON-DGOS/MINSA, the General Directorate of Health Operations of the Ministry of Health, taking into account the persistence of the assumption that configures the health emergency by COVID-19 declared by Supreme Decree No. 008-2020-SA, extended by Supreme Decrees No. 020-2020-SA, No. 027-2020-SA, No. 031-2020-SA, No. 009-2021-SA and No. 025-2021-SA, has requested the extension of the same for a period of one hundred and eighty (180) calendar days, in order to guarantee that surveillance, prevention and control actions for COVID-19 continue to be implemented at the national level;

That, the Technical Committee formed by Ministerial Resolution No. 354-2014-MINSA and modified by Ministerial Resolutions No. 723-2016-MINSA and No. 551-2019-MINSA, through Report No. 001-2022-TECHNICAL COMMITTEE DS No. 007- 2014-SA, issues a favorable opinion for the extension of one hundred eighty (180) calendar days of the health emergency declared by Supreme Decree No. 008-2020-SA, extended by Supreme Decrees No. 020-2020-SA, No. 027-2020- SA, No. 031-2020-SA, No. 009-2021-SA and No. 025-2021-SA, as the persistence of the assumption that has shaped the health emergency due to the COVID-19 pandemic is evident;

In accordance with Law No. 29158, Organic Law of the Executive Power; Legislative Decree No. 1161, Law of Organization and Functions of the Ministry of Health, modified by Law No. 30895, Law that strengthens the governing function of the Ministry of Health, and by Legislative Decree No. 1504, Legislative Decree that strengthens the National Institute of Health for the prevention and control of diseases; Legislative Decree No. 1156, Legislative Decree that dictates measures aimed at guaranteeing the public health service in cases where there is a high risk or damage to the health and life of the populations, modified by Law No. 31027; and, its Regulations approved by Supreme Decree No. 007-2014-SA, modified by Supreme Decrees No. 015-2015-SA, No. 022-2020-SA and No. 008-2021-SA;

With the approval vote of the Council of Ministers;

DECREE:

Article 1.- Extension of the declaration of health emergency

Extend from March 2, 2022, for a period of one hundred and eighty (180) calendar days, the health emergency declared by Supreme Decree No. 008-2020-SA, extended by Supreme Decrees No. 020-2020-SA, No. 027 -2020-SA, No. 031-2020-SA, No. 009-2021-SA and No. 025-2021-SA, for the reasons stated in the consideration part of this Supreme Decree.

Article 2.- Participating Entities and Action Plan

It corresponds to the Ministry of Health, the National Institute of Health and the Social Health Insurance – EsSalud, to carry out the immediate actions developed in the “Action Plan-Surveillance, containment and care of cases of the new COVID-19 in Peru” that as Annex I is an integral part of Supreme Decree No. 010-2020-SA, modified by Supreme Decrees No. 011-2020-SA and No. 029-2020-SA.

Article 3.- List of goods and services

3.1 During the extension declared in article 1 of this Supreme Decree, the contracting of the goods and services detailed in the lists of “Goods or services required for the activities of the COVID-19 health emergency” will continue, contained in Annex II of Supreme Decree No. 010-2020-SA, modified by Supreme Decrees No. 011-2020-SA and No. 029-2020-SA.

3.2 Contracting and acquisitions that continue to be carried out under this Supreme Decree and Supreme Decrees No. 008-2020-SA, No. 010-2020-SA, No. 011-2020-SA, No. 020-2020-SA, No. 027 -2020-SA, No. 029-2020-SA, No. 031-2020-SA, No. 009-2021-SA and No. 025-2021-SA, must be used exclusively for the purposes established by said regulations, under responsibility.

Article 4.- Final report

Once the extension declared by article 1 of this Supreme Decree has concluded, the authorities responsible for the execution of the Action Plan must report on the activities and resources executed, as well as on the results achieved, within the framework of the provisions of articles 24 and following of the Regulation of Legislative Decree No. 1156, approved by Supreme Decree No. 007-2014-SA, modified by Supreme Decrees No. 015-2015-SA, No. 022-2020-SA and No. 008-2021-SA.

Article 5.- Endorsement

This Supreme Decree is endorsed by the Minister of Health and the Minister of Labor and Employment Promotion.

Given at the Government House, in Lima, on the twenty-first day of the month of January of the year two thousand and twenty-two.

JOSE PEDRO CASTILLO TERRONES

Republic President

HERNANDO CEVALLOS FLORES

Health Minister

BETSSY BETZABET CHAVEZ CHINO

Minister of Labor and Employment Promotion

2032894-3

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