2020-03-18
The Spanish Government, through the Ministry of the Presidency, issued Royal Decree 465/2020 to urgently modify the existing state of alarm regulations to strengthen public health protection and ensure essential services. The decree restricts public movement to specific justified activities, suspends public access to non-essential commercial and cultural establishments while allowing essential retail and home-based professional services, and empowers the Minister of Health to adjust these measures. Additionally, it exempts social security and tax procedures from administrative deadline suspensions and mandates conditions to guarantee the transport of goods for internet and remote commerce.
I. GENERAL PROVISIONS MINISTRY OF THE PRESIDENCY, RELATIONS WITH THE CORTES AND DEMOCRATIC MEMORY
3828 Royal Decree 465/2020, of March 17, amending Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.
Under the provision contained in the second final provision of Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, it is necessary to introduce modifications aimed at strengthening the protection of public health and ensuring the functioning of essential public services.
By virtue thereof, upon the proposal of the First Vice President of the Government and Minister of the Presidency, Relations with the Cortes and Democratic Memory, and the Ministers of Health and of Transport, Mobility and Urban Agenda, and after deliberation by the Council of Ministers in its meeting on March 17, 2020,
I HEREBY ORDER:
Sole Article. Amendment of Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.
Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, shall be drafted as follows:
One. The first clause and letter h) of Article 7.1 are amended, with the following wording:
"1. During the validity of the state of alarm, persons may only circulate through public roads or spaces for the performance of the following activities, which must be carried out individually, unless accompanied by persons with disabilities, minors, the elderly, or for another justified cause."
"h) Any other activity of an analogous nature."
Two. The title and paragraph 1 of Article 10 are amended, and a new paragraph 6 is introduced, with the following wording:
"Article 10. Containment measures in the field of commercial activity, cultural facilities, establishments and recreational activities, hospitality and restaurant activities, and other additional ones."
"1. The opening to the public of retail premises and establishments is suspended, with the exception of retail commercial establishments for food, beverages, products and goods of first necessity, pharmaceutical establishments, health facilities, veterinary centers or clinics, optical shops and orthopedic products, hygiene products, press and stationery, automotive fuel, tobacco shops, technological and telecommunications equipment, pet food, internet, telephone or mail order commerce, dry cleaners, laundries, and the professional exercise of hairdressing activity at home. In any case, the activity of any establishment that, in the judgment of the competent authority, could pose a risk of contagion due to the conditions under which it is being developed, shall be suspended."
"6. The Minister of Health is authorized to modify, expand, or restrict the measures, places, establishments, and activities listed in the preceding paragraphs, for justified public health reasons."
Three. Paragraph 4 of Article 14 is amended, which shall be drafted as follows:
"4. By resolution of the Minister of Transport, Mobility and Urban Agenda, the necessary conditions shall be established to facilitate the transport of goods throughout the national territory, with the aim of guaranteeing the supply and delivery of products purchased via internet, telephone, or mail order."
Four. Paragraph 4 of Additional Provision Third is amended, and two new paragraphs 5 and 6 are added, with the following wording:
"4. Without prejudice to the provisions in the preceding paragraphs, from the entry into force of this Royal Decree, public sector entities may motivatedly agree to the continuation of those administrative procedures that are closely linked to the facts justifying the state of alarm, or that are indispensable for the protection of the general interest or for the basic functioning of services."
"5. The suspension of terms and the interruption of deadlines referred to in paragraph 1 shall not apply to administrative procedures in the areas of affiliation, assessment, and contribution to Social Security."
"6. The suspension of terms and the interruption of administrative deadlines referred to in paragraph 1 shall not apply to tax deadlines, subject to special regulations, nor shall it affect, in particular, the deadlines for the presentation of tax returns and self-assessments."
Five. The title of the Annex is amended with the following wording:
"ANNEX. List of facilities and activities whose opening to the public is suspended in accordance with the provisions of Article 10."
Sole Final Provision. Entry into force.
This Royal Decree shall enter into force at the moment of its publication in the "Boletín Oficial del Estado".
Given in Madrid, on March 17, 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
OFFICIAL STATE GAZETTE No. 73 Wednesday, March 18, 2020 Sec. I. Page 25944 cve: BOE-A-2020-3828 Verifiable at https://www.boe.es
OFFICIAL STATE GAZETTE No. 73 Wednesday, March 18, 2020 Sec. I. Page 25945 cve: BOE-A-2020-3828 Verifiable at https://www.boe.es https://www.boe.es OFFICIAL STATE GAZETTE D. L.: M-1/1958 - ISSN: 0212-033X