Actual decree-law 21/2020
Of 9 June, of urgent measures of prevention, containment and coordination to address the health crisis brought about by the COVID-19
The Royal Decree-Law 21/2020 has the aim establishment of a general duty of caution and protection that it consolidates behaviours of prevention in the whole of the town, and with a series of urgent measures' adoption of prevention, containment and coordination, directed to guarantee the right to the life and to the protection of health while it lasts the health crisis brought about by the COVID-19, once expired the validity of the state of emergency and of extraordinary containment measures, included the limiting ones of the freedom of circulation.
The spaciousness and gravity of this health crisis have highlighted certain deficiencies in the regulation within our ordinary legislation, regardless of the statement of the state of emergency, to address health crisis of this or similar nature. For this reason a series of punctual modifications of the health legislation is undertaken in such a way that is guaranteed to future the joint of an efficient reply and coordinated of the health authorities before this type of crisis.
The actual one decree-law is structured in seven chapters, 31 articles, six additional conditions, a repealing provision, eight final dispositions and an annexe.
Below, emphasise most significant features:
OBJECT (article 1).
It has the aim to establish the urgent measures of prevention, containment and coordination necessary to address the health crisis brought about by the COVID-19 and to prevent possible reappearances, with a view to the overcoming of the phase III of Plan for the Transition towards a New Normality by some provinces, territorial islands and units and, possibly, the expiry of the declared state of emergency's validity for the 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, and its extensions.
FIELD OF APPLICATION (article 2)
It will be of application in the whole of the country, although provisions of the chapters II to VII and the disp. Additional. Sixth will just be from application to the territories that they have exceeded the III phase of Plan for the Transition towards a New Normality, and in which have been without effect all measures of the state of emergency.
Once completed the extension of the state of emergency the measures within chapters II, III, IV, V, VI and VII and in the additional condition sixth will be of application throughout the whole of Spain until the Government declarede motivated way and in accordance with the available scientific evidence, previous report of the Centre of Alerts and Emergencies Coordination Health, the completion of the health crisis situation brought about by the COVID-19, previous enquiry of Autonomous Communities.
COMPETENT bodies (article 3)
1. With exceptional character and when thus they require it reasons for extraordinary gravity or emergency, the Central Administration will promote, will coordinate or it will adopt in accordance with its responsibilities how many measures are necessary to ensure the fulfillment of the provisions in this actual one decree-law, with the collaboration of the Autonomous Communities.
2. It will correspond to the Central Administration's competent bodies, of Autonomous Communities and of the local entities, the functions of vigilance, inspection and control of the correct fulfillment of the measures established in this Actual one decree-law.
PREVENTION MEASURES And HYGIENE (Cap. II)
1. Six-year people hereinafter are obliged to the use of masks in following suppositions:
In the public highway, in spaces outdoors and in any closed space of public use or that is found open to the public, provided that it does not result possible to guarantee the maintenance of an interpersonal safety distance of, at least, 1.5 metres.
In the air means of transport, maritime, in bus, or for railway, as well as in the public transports and private complementary of travelers in vehicles of until nine squares, included the driver, if occupants of the vehicles of tourism do not coexist in the same address.
2. It will not be demandable the use of mask for people that they present some type of illness or respiratory distress that it can is aggravated by the use of the mask or that, for its disability situation or dependence, do not have autonomy to wash out the mask, or they present alterations of conduct that they do unfeasible its use.
It neither be demandable in the case of individual sport exercise outdoors, nor in cases of need force majeure or situation or when, for the natural world of the activities, the use of the mask results incompatible.
3. The unitary sale of surgical masks that are not packeted individually only you will be able to carry out in the branches of drugstore.
2. Work centres (Article 7)
1. Without prejudice to the fulfillment of the regulations of risk prevention at work and of the rest of the work regulations that it results of application, the holder of the economic activity or, where applicable, the director of the centres and companies, will owe:
a) To adopt measures of ventilation, neatness and disinfection suitable to use characteristics and intensity of work centres.
b) To offer the workers water and soap, or hydroalcoholics or disinfectant gels with activity virucida, authorised and registered by the Ministry of Health Care for the neatness of hands.
c) To adapt working conditions, included the ordainment of work the positions and the organisation of the turns, as well as the use of the trite remarks in such a way that the maintenance of an interpersonal safety distance is guaranteed minimum of 1.5 metres among workers. When it is not possible, he should give to the hard-working protective equipment suitable to the risk level.
d) To adopt measures to avoid the people' massive coincidence, both workers and clients or users, in the work centres during time slots of predictable great influx.
e) To adopt measures for the progressive return of way in person to the positions of work and the increase of the use of the working online when for nature of the work activity is possible.
2. The people that present symptoms compatible with COVID-19 or they are in isolation domestic because of a diagnosis for COVID-19 or that are found in period of quarantine domestic because of credit had narrow contact with some person with COVID-19 they should not attend to its work centre.
3. If a worker started to have compatible symptoms with the illness, will be contacted immediately with the set up telephone for this by the autonomous community or corresponding health centre, and, where applicable, with corresponding occupational risk prevention services. Immediately, the worker a mask will be placed and it will follow recommendations that indicate him to him, until its medical situation is considered by a health worker.
3. Centres, services and establishments health (Article 8)
The competent health administration will guarantee that are adopted organisational measures, of prevention and hygiene to ensure the well-being of workers and patients. It will guarantee the availability of the materials of necessary protection in the pertinent locations, the neatness and disinfection of the areas used and the elimination of waste residues, as well as the teams's suitable maintenance and facilities.
MEASURES REGARDING MEDICATIONS, HEALTH And PRODUCTS PRODUCTS NECESSARY TO THE PROTECTION OF THE HEALTH (Chapter IV)
Only to emphasise that manufacturers and holders of medication marketing authorisations, health and products products necessary to the protection of the health should establish necessary actions and to enable protocols that allow guaranteeing the supply of the medications that it determines the holder of the Address of the Spanish Agency for Medicine and Healthcare Products to centres and health services in accordance with its needs. Similarly, these measures should ensure the enough supply during holiday and weekends periods.
EARLY DETECTION, CONTROL OF FUENTES OF INFECTION And EPIDEMIOLOGICAL SURVEILLANCE (Cap. V)
1. Compulsory statement of COVID-19 (Article 22)
The COVID-19 is an urgent notifiable disease, for the purpose of it considered in the Royal Decree 2210/1995, of 28 December, through which the national epidemiological surveillance network is created.
2. Obligation of information (Article 23)
- The obligation is established of providing to the authority of public health competent all the details necessary to the follow-up and the epidemiological surveillance of the COVID-19 that they are him required by this, in the suitable format and in a diligent way, included, where applicable, the details necessary to the personal identification.
- This established obligation is of application to the set of one public administrations, as well as to any centre, body or agency depending from these and to any other public or private company whose activity has implications in the identification, diagnosis, follow-up or handling of cases COVID-19.
- In particular, will be of application to all the centres, services and establishments health and social services, so much of the public sector as of the private, as well as to the health workers that they work in them.
3. Detection and notification (Article 24)
- Healthcare services of the Autonomous Communities will guarantee that, at all levels of the assistance, and of special form in the primary care of health, to all suspect case of COVID-19 a diagnostic test will carry out him to him by PCR or another molecular diagnosis technique, as soon as is possible from the knowledge of the symptoms, and that all the derivative information is transmitted in due time and proper form according to is established by the competent health authority.
- Health authorities of the Autonomous Communities will communicate to the Ministry of Health Care the information of cases and outbreaks according to is established in the approved protocols within the National Health System's Inter-territorial Council.
- Protocols of approved vigilance within the National Health System's Inter-territorial Council will be of compulsory application throughout the whole of Spain, without prejudice to that Autonomous Communities and cities of Ceuta and Melilla can adapt them to its respective situations, maintaining always agreed minimum objectives.
- In the protocols the definitions necessary to guarantee will be included the homogeneity of the vigilance, information sources, epidemiological interest variables, the circuit of information, the capture way and frequency of details, the consolidation and the information analysis.
4. Data communication for laboratories (Article 25)
Laboratories, public and private, authorised in Spain for the diagnostic test performance for the detection of SARS-CoV-2 through PCR or other molecular tests they should send daily to the Ministry of Health Care and to the health authority of the autonomous community in which are found details of all made tests via the Information system established by the administration respective.
5. Essential information supply for the traceability of contacts (Article 26)
Establishments, means of transport or any other place, centre or company public or private in which health authorities identify the need of carrying out traceability of contacts, they will have the obligation of providing to the health authorities the information which arrange or that it is them requested regarding the identification and contact details of the people potentially affected.
6. Personal data protection (Article 27)
- The information processing of personal character that is made as a result of the development and application of the actual present decree-law will be done according to the willing thing in the Regulations (EU) 2016/679 of the European Parliament and of the Board, of 27 April 2016, regarding the protection of individuals as for the personal data processing and to the free flow of these details and through which the Directive is repealed 95/46/EC, in the Organic Law 3/2018, of 5 December, of Personal and guarantee Data protection of digital rights, and in that established in articles eight.1 and twenty-three of the Act 14/1986, of 25 April, General of Health. In particular, obligations of information to the interested parties regarding obtained data by subjects included in the field of application of the actual one decree-law they will conform to the stated in article 14 of the Regulations (EU) 2016/679 of the European Parliament and of the Board, of 27 April 2016, taking into account exceptions and obligations set out in its section 5.
- The processing will have for aim the follow-up and epidemiological surveillance of the COVID-19 to prevent and to avoid exceptional situations of special gravity, attending to public interest reasons essential in the field specific to the public health, and for the protection of vital interest of the affected ones and of other individuals under the protection of that established in the Regulations (EU) 2016/679 of the European Parliament and of the Board, of 27 April 2016. Data collected will be used exclusively with this aim.
- People responsible for the processing will be Autonomous Communities and the Ministry of Health Care, in the field of its respective responsibilities, that they will guarantee the application of the prescriptive security measures that they result of the corresponding risks analysis, these processing will be made by public administrations obliged to the fulfillment of the National Outline of Security.
MEASURES TO GUARANTEE SKILLS OF THE HEALTH SYSTEM (Cap. VI)
Competent administrations will look after to guarantee the enough health workers availability with skills of reorganisation of the same in accordance with priorities at all times. Health authorities of the Autonomous Communities must have contingency plans that guarantee the capacity of response and the coordination between services of Public Health, hospitable primary care and attention.
The primal and hospitable help centres, of ownership public or private, they must have internal plans to address the management of clutch situations related to COVID-19. These plans also should include specific activities for the return to the normality. (article 29).
Autonomous Communities should send to the Ministry of Health Care the information on the situation of the welfare skills and of human resource and material needs, in the terms that are established by the holder of the Directorate General of Public Health, Quality and Innovation of the Ministry of Health Care, previous enquiry to Autonomous Communities.
Another number of measures are established that only enumerate:
- Educational centres.
- Social services.
- Commercial establishments.
- Hotels and tourist accommodation.
- Hospitality industry and restaurant services activities.
- Cultural facilities, public events and other recreational activities.
- Facilities for sport activities and competitions.
- Measured public transport
- Health and operational controls in airports managed by Aena.
- Outside health in general interest harbors.
SANCTIONING PROCEEDING (Cap. VII)
- The non-compliance of the prevention measures and of the obligations established in this actual one decree-law, when they constitute administrative offences in public health, will be sanctioned in the terms considered in the VI title of the Act 33/2011, of 4 October, Public Health General.
- The vigilance, inspection and control of these measures' fulfillment, as well as the instruction and resolution of the sanctioning procedures appropriate, will correspond to competent bodies of the State, of the CAA and of the local entities in the field of its respective responsibilities.
- The non-compliance of the obligation of use of masks it will be considered slight offence for the purpose of it considered in the article 57 of the Act 33/2011, of 4 October, and sanctioned with fine of until one hundred euros.
MANAGEMENT OF THE PRESCRIPTION DRUG ALLOWANCE (Provision. Additional. 6th)
- Up to now that the aforementioned completion is declared, when there is an exceptional situation health, in order to protect the public health, or when the clinical situation, of dependence, vulnerability, risk or of physical distance of the patient to indicated centres in the paragraphs b) and c) of the article 3.6 of the legislative law of the Act of rational guarantees and use of health medications and products thus it requires it, bodies, or statutory authorities of the management of the prescription drug allowance of the Autonomous Communities they will be able to establish opportune measures for the distribution of medications in type not in person, guaranteeing the optimum attention with the delivery, if it proceeds, of medications in health centres or, in authorised health establishments for the distribution of medications next to the address of the patient, or in its own address.
- The supply of the medications until the destination point, as well as the follow-up farmacoterapéutico will be responsibility of the service of drugstore dispenser. The transportation and delivery of the medication should carry out so that it is ensured that does not suffer no alteration nor loss of its quality.
MODIFICATION OF THE ACT 16/2003, OF 28 MAY, OF COHESION And QUALITY OF THE NATIONAL SYSTEM OF HEALTH (Provision. End 2nd)
- Modification Article 65. Coordinated activities in public health and in food safety.
“1. The statement of coordinated activities in public health will correspond to the Ministry of Health Care, previous agreement of the National Health System's Inter-territorial Council, with audience of the communities directly affected, except for in situations of urgent need, in which case measures will be taken that they are strictly necessary and will inform him to him in an urgent way of adopted measures.
2. The statement of coordinated activities compels to all parts included in her and they should classify in some following suppositions:
1st. To reply to situations of special risk or alarm for the public health.
2nd. To fulfill international agreements, as well as to programmes derived from the demands of the emanated regulations of the European Union, when its fulfillment and development must be homogenous in all the State.
For the performance of the coordinated activities will be able to attend, among others, to the following mechanisms:
a) common Use of instruments technicians.
b) Coordination and support of the Network of Health Laboratories Public.
c) minimum standard Definition for the analysis and intervention on health problems.
d) Support of the epidemiological information systems for the decision making and of the corresponding promotion programmes, disease prevention and control, when its effects emerge the autonomous field.
e) plans Activation or design and strategies of activity to face health emergencies.
3. The statement of coordinated activities with regard to food safety will correspond to the Spanish Agency of Food Safety and Nutrition, in accordance with that established in the Act 11/2001, of 5 July.”
- New article 65 bis:
“Article 65 bis. Contribution of information to the Ministry of Health Care in clutch situations for the public health.
Competent bodies with regard to public health of the autonomous communities will owe, in the case of a clutch situation for the public health and without prejudice to that established in the article 65 of this law, to contribute with immediate character to the Ministry of Health Care the epidemiological information and the one regarding the welfare skills that is required and the identification of responsible for people the same one, as well as the prevention measures, control and containment adopted by the autonomous communities and realised local entities in its territorial field, in the terms that are established by the Ministry of Health Care. When it is local entities, this information will will be obtained by the competent body with regard to public health of the corresponding autonomous community, that it should broadcast her to the Ministry of Health Care.
In any case, the Ministry of Health Care will call with urgent character the National Health System's Inter-territorial Council to inform of the acquited thing.”
MODIFICATION OF THE LEGISLATIVE LAW OF THE ACT OF GUARANTEES And USE RATIONAL OF HEALTH MEDICATIONS And PRODUCTS, APPROVED BY THE LEGISLATIVE ROYAL DECREE 1/2015, OF 24 OF JULIO (Provision. End 3rd)
Modification of the article 94.3:
“3. The Government will be able to regular the mechanism of fixation of health drug pricings and products not subjects to medical prescription, as well as of other products necessary to the protection of the population health that are given in the Spanish territory, following an objective general scheme and transparent.
When there is an exceptional situation health, in order to protect the public health, the Interministerial Fee of Drug pricings will be able to set the maximum amount from sale to the public of medications and products to that it adverts the paragraph previous by the time that lasts this exceptional situation. The procedure for the fixation of the maximum amount from sale to the public will be agreed within the aforementioned Fee.”
MODIFICATION OF THE REAL DECREE-ACT 8/2020, OF 17 MARCH, OF EXTRAORDINARY URGENT MEASURES TO ADDRESS THE ECONOMIC IMPACT And SOCIAL OF THE COVID-19 (Provision. End 4th)
1. Modification of the article 40.1 and 40.2 (Applicable extraordinary measures to the legal persons of Private law):
“1. Although statutes would not had planned it, during the period of alarm and, once completed the same one, until 31 of December 2020, sessions of the governing bodies and of administration of the associations, of the civil societies and mercantile, of the advice vice-chancellor of the co-operative societies and of the board of foundations will be able to celebrate for videoconference or for multiple conference call, provided that all members of the body have necessary means, the secretary of the body recognises its identity, and thus it expresses it in the law report, that it will send immediately to e-mail addresses of each one of the concurrent ones. The same rule will be from application to the fees delegates and to the other compulsory fees or volunteers that it had set up. The session will be understood held in the address of the legal person.
Although statutes would not had planned it, during the period of alarm and, once completed the same one, until 31 of December 2020, partners' meetings or assemblies or of members will be able to celebrate for video or for multiple conference call provided that all the people that had right of assistance or who represent them have necessary means, the secretary of the body recognises its identity, and thus it expresses it in the law report, that it will send immediately to e-mail addresses.
Although statutes would not had planned it, during the period of alarm and once completed the same one, until 31 of December 2020, agreements of the governing bodies and of administration of the associations, of the civil societies and mercantile, of the advice vice-chancellor of the co-operative societies and of the board of foundations will be able to adopt through vote in writing and without session provided that it decides it the chairman and they should adopt thus when it requests it, at least, two of the members of the body. The same rule will be from application to the fees delegates and to the other compulsory fees or volunteers that it had set up. The session will be understood held in the registered office. It will be of application to all these agreements that established in the article 100 of the Royal Decree 1784/1996, of 19 July, through which the Regulations of the Mercantile Register is approved, although it does not be trading companies.”
2. Derogation of the article 42 (Suspension of the term of expiry of the entries in the register during the validity of the royal decree of statement of the state of emergency).
MODIFICATION OF THE REAL DECREE-ACT 11/2020, OF 31 MARCH, THROUGH WHICH COMPLEMENTARY URGENT MEASURES ARE ADOPTED IN THE SOCIAL FIELD And ECONOMIC TO ADDRESS THE COVID-19 (Provision. End 5th) Modification of the article 36.1 and 36.4 (Law of resolution of certain contracts without penalty by consumers and users):
«1. If as a result of measures adopted by the statutory authorities during the validity of the state of emergency or during phases of desescalada or new normality, contracts subscribed by the consumers and users, are already of good or provision of services purchase and sale agreement, included those of tracto successive, resulted of impossible fulfillment, the consumer and user will have right to solve the contract during a term of 14 days from the impossible execution of the same provided that it remains the validity of the adopted measures that have motivated the impossibility of its fulfillment. The pretension of resolution only will be able to be estimated when it does not fit to obtain from the review proposal or proposals offered by each of the parts, on the base of the good faith, a solution that restores the reciprocity of interest of the contract. Proposals of review will be able to cover, between other, the offer of bonds or rainchecks sustitutorios to the reimbursement, that in any case will be subjected to the acceptance by the consumer or user. According to this, it will be understood that does not fit to obtain proposal of review that restores the reciprocity of interest of the contract when it has passed a period of 60 days from the application of contractual resolution by the consumer or user without has agreement between parts on the proposal of review.”
“4. In the event that it is on a trip combined contracts, that they have been cancelled on the occasion of the COVID19, the organiser or, where applicable the retailer, will be able to deliver to the consumer or user, previous acceptance by this, a bond to be used within a year from the completion of the state of emergency's validity and its extensions, for an amount equal to the reimbursement that it would have corresponded. Elapsed the period of validity of the bond without credit been used, the consumer will be able to request the complete reimbursement of any payment made that it should pay, at the latest, in 14 days. In any case, the eventual offer of a bond sustitutorio storm should have the enough financial backup that guarantees its execution.”
Vigor: 11 June 2020.
Download Actual decree-law 21/2020