Royal Decree 487/2020 of 10 April extending the state of alarm declared by Royal Decree 463/2020 for the management of the COVID-19 health crisis

I. GENERAL PROVISIONS MINISTRY OF THE PRESIDENCY, RELATIONS WITH THE CORTES AND DEMOCRATIC MEMORY 4413 Royal Decree 487/2020, of April 10, extending the state of alarm declared by Royal Decree 463/2020, of March 14, which declares the state of alarm for the management of the health crisis situation caused by COVID-19.

On March 11, 2020, the World Health Organization declared the emergency situation caused by the COVID-19 epidemic outbreak an international pandemic. The Government, in the extraordinary meeting of the Council of Ministers on March 14, 2020, approved Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.

The declaration of the state of alarm was extended to the entire national territory. The Government was designated as the competent authority so that, under the superior direction of its President, the Minister of Defense, the Minister of the Interior, the Minister of Transport, Mobility and Urban Agenda, and the Minister of Health would act as delegated competent authorities, with the objective of ensuring unity of action and the immediate mobilization of all available resources. As an essential complement to achieve this objective, each Administration retained the competencies granted by current legislation in the ordinary management of its services.

Attending to the principle of proportionality, the declaration of the state of alarm involved the establishment of containment measures considered strictly indispensable to protect the life and health of citizens, limit the progression of the disease, and strengthen the healthcare system, both in terms of care and public health. Likewise, it was decided what was necessary to ensure the supply of goods and services required for the protection of public health, food supply, the guarantee of energy supply, and the functioning of essential services.

In a context characterized by the rapid evolution of the health crisis, the Government approved Royal Decree 465/2020, of March 17, modifying Royal Decree 463/2020, of March 14, with the object of strengthening public health protection instruments, as well as guaranteeing the provision of essential public services.

Article 3 of Royal Decree 463/2020, of March 14, established, within the framework of what is provided by article six.two of Organic Law 4/1981, of June 1, on states of alarm, exception, and siege, that the duration of the state of alarm would be fifteen calendar days.

Based on the available data and the evaluation reports prepared by the delegated competent authorities during that period, the Government concluded that the health emergency situation generated by the COVID-19 epidemic outbreak would not be overcome within the time frame initially provided for by Royal Decree 463/2020, of March 14. In order to guarantee the effective management of said health emergency and contain the spread of the disease, by Agreement of the Council of Ministers of March 24, 2020, authorization was requested from the Congress of Deputies to extend the state of alarm declared by the aforementioned Royal Decree, as well as the validity of the measures contained therein, until 00:00 hours on April 12, 2020.

The Plenary of the Congress of Deputies, in its session on March 25, 2020, agreed to grant the required authorization and the inclusion of an additional provision in Royal Decree 463/2020, of March 14, which establishes the obligation of the Government to submit weekly information to the Congress on the degree of execution of the adopted measures and their effectiveness in achieving the proposed objectives.

By Royal Decree 476/2020, of March 27, extending the state of alarm declared by Royal Decree 463/2020, of March 14, the state of alarm was extended under the same conditions until 00:00 hours on April 12, 2020, and the additional provision requested by the Congress was incorporated.

The Government has submitted weekly to the Congress of Deputies the information required under the new additional sixth provision of Royal Decree 463/2020, of March 14. Along with the reports provided by the National Epidemiological Surveillance Network, the Congress of Deputies has been informed of the set of provisions, orders, instructions, and resolutions adopted by the delegated competent authorities and by the Council of Ministers. Likewise, the Government has appeared weekly to assess the evolution of the situation.

In light of the information provided, it can be concluded that, during the validity of the state of alarm and its first extension, the objectives of ensuring unity of action and mobilizing all available human and material resources to contain the pandemic and mitigate its effects have been achieved. The delegated competent authorities, in close collaboration with the competent public administrations, have adopted provisions and acts intended to reinforce in the health field human resources and the supply of medicines, sanitary products, and other products necessary for health protection; complete and apply the measures decreed to halt the spread of the disease; establish prohibitions, reductions, and instructions applicable in the matter of transport, in accordance with mobility needs and the evolution of the health crisis; ensure food and first necessity goods supply; and guarantee energy supply, among others.

During that period, the data provided by the National Epidemiological Surveillance Network evidence that the measures applied during the validity of the state of alarm are gradually achieving the objective of decreasing the transmission of the disease and, what is most critical at these moments, reducing to the maximum the risk of collapse in hospital intensive care units.

In effect, the data published both by the Epidemiological Surveillance Network and by the Ministry of Health show a certain flattening in the notification of new cases, even a decrease in several autonomous communities. Likewise, they show the flattening and even the decrease in the number of new hospitalized cases, despite the accumulation of cases due to long stays, both in conventional hospitalization wards and in intensive care units.

However, the dynamic nature and the context of high uncertainty that characterize the evolution of this unprecedented global health crisis oblige us to exercise extreme prudence. While transmission continues, a return to normality could imply the start of new transmission chains and a setback in the efforts to control this epidemic, which could also undermine citizen confidence. Models developed by experts, both national and international, show that an adequate management of the phase of de-escalation of the control and containment measures applied is crucial to achieving victory over the epidemic.

To these ends, the risk assessment for the life and health of persons must be carried out objectively and transparently, in accordance with the best available scientific evidence. The analyses performed based on the data provided by the National Epidemiological Surveillance Network and its modeling allow us to conclude that a second extension will decisively contribute to reinforcing the containment of the spread of the disease throughout the national territory to save lives, avoid the saturation of health services, and maintain possible outbreaks at levels manageable by the healthcare system. This second extension constitutes an indispensable measure to try to guarantee that patients requiring hospitalization, admission to intensive care units, or mechanical ventilation do not exceed the threshold that would prevent providing adequate care quality based on currently available resources.

The new extension will extend until 00:00 hours on April 26, 2020. In determining this period, the comparative experience in the application of similar measures adopted in States where there has been a more intense and earlier incidence of the pandemic has been taken into account. Only if the favorable evolution detected regarding transmission data, number of hospitalizations, admissions to intensive care units, or deaths is consolidated, can a scenario be considered in which containment measures can be progressively eliminated.

Therefore, in light of the available data and the evaluation reports prepared by the delegated competent authorities, it is deemed essential to extend again the state of alarm initially declared by Royal Decree 463/2020, of March 14, and previously extended by Royal Decree 476/2020, of March 27, as well as the validity of the measures contained therein, until 00:00 hours on April 26, 2020.

Organic Law 4/1981, of June 1, on states of alarm, exception, and siege, provides that the state of alarm requires, to be extended, the express authorization of the Congress of Deputies, which may establish the scope and conditions valid during the extension.

By Agreement of the Council of Ministers of April 7, 2020, the Government requested authorization from the Congress of Deputies to extend for the second time the state of alarm declared by Royal Decree 463/2020, of March 14, in order to guarantee the effective management of the health emergency and contain the spread of the disease.

The Plenary of the Congress of Deputies, in its session on April 9, 2020, agreed to grant the required authorization.

By virtue thereof, upon proposal of the First Vice President of the Government and Minister of the Presidency, Relations with the Cortes and Democratic Memory, the Minister of Health, the Minister of Defense, and the Ministers of the Interior and of Transport, Mobility and Urban Agenda, and after deliberation of the Council of Ministers in its meeting on April 10, 2020,

I HEREBY ORDER:

Article 1. Extension of the state of alarm. The state of alarm declared by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, is extended.

Article 2. Duration of the extension. The extension established in this Royal Decree will extend until 00:00 hours on April 26, 2020, and will be subject to the same conditions established in Royal Decree 463/2020, of March 14, modified by Royal Decree 465/2020, of March 17, and by Royal Decree 476/2020, of March 27, which extends the state of alarm declared by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.

SINGLE FINAL PROVISION. Entry into force. This Royal Decree will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, April 10, 2020.

FELIPE R.

The First Vice President of the Government and Minister of the Presidency, Relations with the Cortes and Democratic Memory

CARMEN CALVO POYATO