Royal Decree 463/2020
Of 14 March, through which the state of emergency is declared for the management of the health crisis situation brought about by the COVID-19
The World Health Organization raised on 11 March 2020 the situation brought about by the COVID-19 of public health emergency to international pandemic. The speed in the evolution of facts, on a national scale and international, requires the adoption of immediate and efficient measures to address this trade cycle. Extraordinary circumstances that they arise constitute, undoubtedly, a health unprecedented crisis and of enormous magnitude for the very high number of citizens concerned and for the extraordinary risk for its rights.
The article four, section b), of the Organic Law 4/1981, of 1 June, of the States of Alert, Exception and Space, it enables to the Government for, in the exercise of faculties that him attributes the article 116.2 of Constitución, to declare the state of emergency, in all or part of the country, when health crisis are produced that they suppose serious alterations of the normality.
To address this situation, serious and exceptional, the Government of Spain proceeded on 14 March to declare the State of Alarm with the aim of protecting the health and security of the citizens, to contain the progression of the illness and to strengthen the public health system.
The measured principals that are contained in the Royal Decree 463/2020, of 14 March, are:
Article 2. Territorial field
The statement of state of emergency affects to the whole of the country.
Article 3. Duration
The duration of the state of emergency that is declared for the present royal decree is of fifteen calendar days.
Article. 4. Statutory authority
1. To effects of the state of emergency, the statutory authority will be the Government.
2. For the exercise of the functions to that is made reference in this royal decree, under the superior address of the Prime minister, will be statutory authorities delegates, in its respective responsibility areas:
a) The Minister for Defence.
b) The Minister for Domestic Affairs.
c) The Minister of Transportations, Mobility and Agenda Urbana.
d) The Minister of Health. Similarly, in the areas of responsibility that they do not fall on some indicated Ministers' responsibility in the paragraphs a), b) or c), will be statutory authority delegate the Minister of Health.
Similarly, in the areas of responsibility that they do not fall on some indicated Ministers' responsibility in the paragraphs a), b) or c), will be statutory authority delegate the Minister of Health.
3. Designated Ministers as statutory authorities delegates in this royal decree are set up to dictate the orders, resolutions, provisions and instructions interpretative that, in the sphere specific to its activity, are necessary to guarantee the provision of all services, ordinary or extraordinary, with a view to the protection of people, goods and places, through the adoption of any of measures envisaged in the article eleven of the Organic Law 4/1981, of 1 June.
4. The acts, provisions and measures to that it adverts the previous paragraph by trade will be able to adopt or to motivated application of the competent local and autonomous authorities, in accordance with the applicable law in each case and they should provide attention to the vulnerable people. For this, will not be precise the procedure of administrative procedure one.
5. During the validity of the state of emergency is activated the Committee of Situation considered in the additional condition first of the Act 36/2015, of 28 September, of National Security, as a back-up body to the Government as statutory authority.
Article 5. Collaboration with the delegated statutory authorities
1. Members of the Forces and Bodies of Security of the State, the Police forces of autonomous communities and of the local corporations will be under the direct orders of the Minister for Domestic Affairs, to the effects of this royal decree, as soon as it is necessary to the protection of people, goods and places, being able to impose them extraordinary services because of its duration or for its nature.
2. Agents of the authority will be able to practice checkouts in the people, goods, vehicles, local and establishments that they are necessary to check and, where applicable, to impede that they are carried out suspended services and activities in this royal decree, except for the expressly excepted. For this, will be able to dictate necessary orders and bans and to suspend activities or services that are being carried out.
To this end, the citizenship has the duty of collaborating and not to hinder the work of the authority's agents in the fulfillment of this duties.
3. In those autonomous communities that have own police bodies, the Fees of Follow-up and Coordination considered in the respective Security Meetings will establish mechanisms needed to ensure the special thing in two previous sections.
4. The services of intervention and assistance in defined civil defence emergencies in the article 17 of the Act 17/2015, of 9 July, of the National System of Civil Defense, will act under the functional dependence of the Minister for Domestic Affairs.
5. The Minister for Domestic Affairs will be able to dictate the orders, resolutions, provisions and instructions that it considers necessary to all subjects included in the field of application of the Act 5/2014, of 4 April, of Private Security.
6. For the efficient fulfillment of measures included in the current royal decree, the delegated statutory authorities will be able to require the activity of Armed Forces, in accordance with it considered in the article 15.3 of the Organic Law 5/2005, of 17 November, of the National Defence.
Article 6. Normal process of the services
Every Administration will keep responsibilities that him gives the current legislation in the normal process of its services to adopt measures that it estimates necessary within the framework of the direct orders of the statutory authority to effects of the state of emergency and without prejudice to that established in the articles 4 and 5.
Article 7. Limitation of the freedom of circulation of the people
1. During the validity of the state of emergency people only will be able to circular for ways of public use for the performance of following activities:
a) Acquisition of foodstuffs, pharmaceuticals and essential.
b) Assistance to centres, services and establishments health.
c) Displacement to the workplace to make its work provision, professional or business.
d) Return to the usual forced residence.
e) Assistance and taken care of great, minors, shop assistants, people with disabilities or people especially vulnerable.
f) Displacement to financial institutions and of insurances.
g) Because of need force majeure or situation.
h) Any other activity of analogous nature that it will have individually do, unless is accompanied to people with disabilities or for another justified cause.
2. Similarly, will afford the circulation of private cars for ways of public use for the performance of the above-mentioned activities in the previous section or for the repostaje in petrol stations or service stations.
3. In any case, in any displacement they should respect dictated recommendations and obligations by health authorities.
4. The Minister for Domestic Affairs will be able to agree the close to the circulation of roads or stretches theirs for reasons of public health, security or fluency of the traffic or the restriction in them of the access of certain vehicles for the same reasons.
When measures to those which advert previous paragraphs are adopted by trade will learn more prior to autonomous administrations that practice responsibilities of execution of the legislation of the State with regard to traffic, vehicle and road safety circulation.
State, autonomous and local authorities competent with regard to traffic, vehicle and road safety circulation will guarantee the disclosure between the town of the measures that they can affect to the vehicular traffic.
Article 8. Temporary and provisions inspections compulsory staffs
1. In accordance with the stated in article eleven b) of the Organic Law 4/1981, of 1 June, the delegated statutory authorities will be able to agree, by trade or to application of the autonomous communities or of the local entities, that temporary inspections are practiced of all type of goods necessary to the fulfillment of the intended purposes in this royal decree, in particular for the provision of the services of security or of the operators critics and essential. When the inspection by trade remembers, will learn more prior to the corresponding local or autonomous Administration.
2. In the same terms it will be able to impose the performance of personal provisions compulsory essential for the achievement of the ends of this royal decree.
Article 9. Measures of containment in the educational field and of the training
1. It recesses the educational activity in person in all centres and phases, cycles, degrees, courses and levels of education mentioned in the article 3 of the Organic Law 2/2006, of 3 May, of Education, included the university teaching, as well as whatever other educational activities or of training given in other public or private centres.
2. During the period of suspension will remain educational activities via types from a distance and «online », provided that it results possible.
Article 10. Measures of containment in the field of the trading activity, cultural facilities, establishments and activities recreational, hospitality industry and restaurant services activities, and other additional ones
1. It recesses the opening to the public of venues and retail establishments, with the exception of the retail diet commercial establishments, drinks, products and goods essential, pharmaceutical establishments, practitioners, optics and products orthopaedic, hygienic products, hairdressers', press and stationery store, fuel for the automotive industry, estancos, technological equipments and of telecommunications, animal feeding stuffs of company, trade on the internet, telephonic or mail, dry-cleaners' and launderettes. It recesses any other activity or establishment that in the opinion of the statutory authority can suppose a risk of contagion.
2. The permanence in the commercial establishments whose opening is allowed should be the strictly necessary to that consumers can carry out the acquisition of foodstuffs and essential goods, being suspended the possibility of product consumer spending in own establishments.
In any case, agglomerations will be avoided and it will be controlled that consumers and employees maintain the safety distance of at least a metre in order to avoiding possible contagions.
3. It recesses the opening to the public of museums, files, libraries, monuments, as well as of venues and establishments in which take place public events, leisure and sport activities indicated in the annexe of the present royal decree.
4. They recess the activities of hospitality industry and restaurant services, being able to provide exclusively services of home delivery.
5. They recess similarly the verbenas, parades and holidays popular.
Article 12. Measures directed to strengthen the National Health System throughout the whole of Spain
1. All health civil authorities of public administrations of the country, as well as the other civil servants and workers at the service of the same, will be under the direct orders of the Minister of Health as soon as it is necessary to the protection of people, goods and places, being able to impose them extraordinary services because of its duration or for its nature.
2. Without prejudice to the above, autonomous and local public administrations will maintain the management, within its competent field, of corresponding health services, ensuring at all times its suitable operation. The Minister of Health is reserved how many faculties' exercise result necessary to guarantee the cohesion and equity in the provision of the above-mentioned service.
3. Especially, the full willingness of the civil authorities will be ensured people responsible for the field of public health, and of the employees that they provide service in the same one.
4. These measures also will guarantee the possibility of determining the fairer distribution in the territory of all the technical means and staffs, in accordance with needs that they put on of manifesto in the management of this health crisis.
5. The delegated statutory authorities will act its faculties in order to ensuring that the staff and health centres and establishment of military character contribute to strengthen the National Health System throughout the whole of Spain.
6. Similarly, the Minister of Health will be able to practice those faculties that they result necessary according to this with regard to the centres, services and establishments health of private ownership.
Article 13. Measures for the assurance of the supply of goods and necessary services to protect the public health
The Minister of Health will be able to:
a) To give the orders necessary to ensure the supply of the market and the operation of the services of the production centres affected by the shortage of supplies of products necessary to the protection of the public health.
b) To intervene and temporarily occupy industries, factories, workshops, operations or local of any nature, included the centres, services and establishments health of private ownership, as well as anyone who develop its activity in the pharmaceutical sector.
c) To practice temporary inspections of all type of goods and to impose compulsory personal provisions in those cases in which results necessary to the suitable protection of the public health, in the context of this health crisis.
Article 15. Measures to guarantee the food supply
1. The delegated statutory authorities will adopt the necessary actions to guarantee:
a) The food supply in the places of consumer spending and the operation of the services of the production centres, allowing the distribution of foodstuffs from the origin until commercial establishments of sale to the consumer, including stores, logistic and markets centres in destination. In particular, when it resulted necessary for security purposes, you will be able to agree the accompaniment of the vehicles that carry out the transportation of mentioned the goods.
b) When is precise, the establishment of health corridors to allow people' entrance and exit, raw materials and manufactured goods with destination or from establishments in which foodstuffs are produced, included farms, lonjas, factories of fodder for animal foods and slaughterhouses.
2. Similarly, statutory authorities will be able to agree the intervention of companies or services, as well as the mobilisation of the Forces and Bodies of Security of the State and of the Armed Forces in order to ensure the good operation of the willing thing in the current article.
Article 17. Electricity supply guarantee, by-products of the oil and natural gas
The delegated statutory authorities will be able to adopt necessary actions to guarantee the supply of electricity, of by-products of the oil, as well as of natural gas, in accordance with it considered in the article 7 of the Act 24/2013, of 26 December, of the Electricity Sector, and in the articles 49 and 101 of the Act 34/1998, of 7 October, of the sector of hydrocarbons.
Article 18. Services critical operators essential
1.Los services critical operators essential considered in the Act 8/2011, of 28 April, through which measures are established for the protection of critical infrastructures, will adopt necessary actions to ensure the provision of the essential services that them are own.
2.Dicha demand will be also adopted by those companies and suppliers that, not having the consideration of critics, are essential to ensure the supply of the town and the own essential services.
Additional condition second. Procedural term suspension
1. They recess terms and they recess and they interrupt prescribed periods in the procedural laws for everyone jurisdictional orders. The computation of the terms will be resumed in the moment it loses validity the present royal decree or, where applicable, its extensions.
2. In the jurisdictional order penintentiary the suspension and interruption will not be applied to procedures of habeas corpus, to activities entrusted to services on call, to activities with detainee, to orders of protection, to urgent activities with regard to prison vigilance and to any protective measure with regard to violence on the woman or minors.
Similarly, in phase of instruction, the judge or competent court will be able to agree the practice of those activities that, for its urgent character, are inaplazables.
3. In relation to the rest of jurisdictional orders the interruption to that which adverts the section first will not be of application to the following suppositions:
a) The procedure to protect the fundamental rights of the person considered in articles 114 and following of the Act 29/1998, of 13 July, regulator of the Administrative Jurisdiction, nor to the procedure of the authorisations or judicial ratifications considered in the article 8.6 of the aforementioned law.
b) procedures of industrial dispute and for the guardianship of the fundamental rights and regulated public freedoms in the Act 36/2011, of 10 October, regulator of the social jurisdiction.
c) The judicial authorisation for the internment involuntary by reason of mental disorder considered in the article 763 of the Act 1/2000, of 7 January, of Enjuiciamiento Civilian.
d) The adoption of measures or provisions of protection of the minor considered in the article 158 of the Civil Code.
4. Nonetheless the willing thing in the previous sections, the judge or court will be able to agree whatever's practice prosecutions that they are necessary to avoid irreparable disservices in the rights and legitimate interests of the parts in the process.
Third additional provision. Administrative term suspension
1. They recess terms and terms are interrupted for the procedure of the procedures of the companies of the public sector. The computation of the terms will be resumed in the moment it loses validity the present royal decree or, where applicable, its extensions.
2. The suspension of terms and the interruption of terms will be applied to all the defined public sector in the Act 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations.
3. Notwithstanding the above, the competent body will be able to agree, through motivated resolution, the measures of ordainment and instruction strictly necessary to avoid serious disservices in the rights and the interested party's interest in the procedure and provided that this states its compliance, or when the interested party states its compliance with that it does not recess the term.
4. The present willingness will not affect to procedures and resolutions to those which makes reference the section first, when these avenge referring to situations closely linked to vindicative facts of the state of emergency.
Additional condition fourth. Limitation period and expiry suspension
Limitation periods and expiry of whatever stock and rights will be suspended during the term of validity of the state of emergency and, where applicable, of extensions that are adopted.
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