Royal Decree 463/2020 Declaring a State of Alarm for the Management of the Health Crisis Caused by COVID-19

I. GENERAL PROVISIONS MINISTRY OF THE PRESIDENCY, RELATIONS WITH THE CORTES AND DEMOCRATIC MEMORY 3692 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 World Health Organization raised the situation of public health emergency caused by COVID-19 to an international pandemic on March 11, 2020. The rapid evolution of events, at both the national and international levels, requires the adoption of immediate and effective measures to address this situation. The extraordinary circumstances present undoubtedly constitute an unprecedented health crisis of enormous magnitude, both due to the very high number of citizens affected and the extraordinary risk to their rights.

Article 4(b) of Organic Law 4/1981, of June 1, on states of alarm, exception, and siege, empowers the Government to declare the state of alarm, in all or part of the national territory, when health crises occur that entail serious alterations to normality, in the exercise of the powers attributed to it by Article 116.2 of the Constitution.

Within this framework, the measures provided for in this regulation fall within the Government's decisive action to protect the health and safety of citizens, contain the progression of the disease, and strengthen the public health system. The temporary extraordinary measures already adopted by all levels of government must now be intensified without delay to prevent and contain the virus and mitigate the health, social, and economic impact.

To address this serious and exceptional situation, it is indispensable to proceed with the declaration of the state of alarm.

The measures contained in this Royal Decree are essential to address the situation, are proportionate to its extreme gravity, and do not entail the suspension of any fundamental right, as provided for in Article 55 of the Constitution.

Therefore, upon the 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 by the Council of Ministers in its meeting on March 14, 2020,

I HEREBY ORDER:

Article 1. Declaration of the state of alarm.

Under the provisions of Article 4(b) and (d) of Organic Law 4/1981, of June 1, on states of alarm, exception, and siege, the state of alarm is declared in order to address the health emergency situation provoked by the coronavirus COVID-19.

Article 2. Territorial scope.

The declaration of the state of alarm affects the entire national territory.

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Article 3. Duration.

The duration of the state of alarm declared by this Royal Decree is fifteen calendar days.

Article 4. Competent authority.

1. For the purposes of the state of alarm, the competent authority shall be the Government.

2. For the exercise of the functions referred to in this Royal Decree, under the superior direction of the President of the Government, the following shall be delegated competent authorities in their respective areas of responsibility: a) The Minister of Defense. b) The Minister of the Interior. c) The Minister of Transport, Mobility and Urban Agenda. d) The Minister of Health.

Likewise, in areas of responsibility that do not fall under the competence of any of the Ministers indicated in paragraphs a), b), or c), the Minister of Health shall be the delegated competent authority.

3. The Ministers designated as delegated competent authorities in this Royal Decree are empowered to issue the orders, resolutions, provisions, and interpretative instructions that are necessary within the specific sphere of their action to guarantee the provision of all services, ordinary or extraordinary, in order to protect persons, property, and places, by adopting any of the measures provided for in Article 11 of Organic Law 4/1981, of June 1.

The acts, provisions, and measures referred to in the previous paragraph may be adopted ex officio or upon motivated request from the competent autonomous and local authorities, in accordance with the legislation applicable in each case, and must pay attention to vulnerable persons. To this end, no administrative procedure processing shall be required.

4. During the validity of the state of alarm, the Situation Committee provided for in the additional provision first of Law 36/2015, of September 28, on National Security, is activated as a body supporting the Government in its capacity as the competent authority.

Article 5. Collaboration with delegated competent authorities.

1. Members of the State Security Forces and Corps, the Police Forces of the autonomous communities, and of local corporations, shall be under the direct orders of the Minister of the Interior, for the purposes of this Royal Decree, insofar as necessary for the protection of persons, property, and places, and may be imposed extraordinary services due to their duration or nature.

2. Law enforcement officers may carry out checks on persons, goods, vehicles, premises, and establishments that are necessary to verify and, if applicable, prevent the carrying out of services and activities suspended by this Royal Decree, except those expressly exempted. To this end, they may issue necessary orders and prohibitions and suspend activities or services that are being carried out.

To this end, citizens have the duty to collaborate and not obstruct the work of law enforcement officers in the exercise of their functions.

3. In those autonomous communities that have their own police forces, the Follow-up and Coordination Commissions provided for in the respective Security Boards shall establish the necessary mechanisms to ensure what is stated in the two preceding paragraphs.

4. The emergency intervention and assistance services defined in Article 17 of Law 17/2015, of July 9, on the National Civil Protection System, shall act under the functional dependence of the Minister of the Interior.

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5. The Minister of the Interior may issue the orders, resolutions, provisions, and instructions that he deems necessary to all subjects included within the scope of application of Law 5/2014, of April 4, on Private Security.

6. For the effective compliance with the measures included in this Royal Decree, the delegated competent authorities may request the action of the Armed Forces, in accordance with what is provided for in Article 15.3 of Organic Law 5/2005, of November 17, on National Defense.

Article 6. Ordinary management of services.

Each Administration shall retain the powers granted to it by current legislation in the ordinary management of its services to adopt the measures it deems necessary within the framework of the direct orders of the competent authority for the purposes of the state of alarm and without prejudice to what is established in Articles 4 and 5.

Article 7. Limitation of the freedom of movement of persons.

1. During the validity of the state of alarm, persons may only circulate on public roads for the following activities: a) Acquisition of food, pharmaceutical products, and first necessity items. b) Attendance at health centers, services, and establishments. c) Travel to the workplace to perform labor, professional, or business duties. d) Return to the place of habitual residence. e) Assistance and care for the elderly, minors, dependents, persons with disabilities, or especially vulnerable persons. f) Travel to financial and insurance entities. g) By reason of force majeure or situation of necessity. h) Any other activity of an analogous nature that must be carried out individually, unless accompanied by persons with disabilities or for another justified cause.

2. Likewise, the circulation of private vehicles on public roads is permitted for the activities referred to in the previous paragraph or for refueling at gas stations or service stations.

3. In any case, in any travel, the recommendations and obligations issued by health authorities must be respected.

4. The Minister of the Interior may agree to the closure of roads or sections thereof to circulation for reasons of public health, security, or traffic flow, or the restriction of access of certain vehicles to them for the same reasons.

When the measures referred to in the previous paragraphs are adopted ex officio, the autonomous administrations that exercise execution competencies of State legislation in matters of traffic, vehicle circulation, and road safety shall be informed previously.

The state, autonomous, and local authorities competent in matters of traffic, vehicle circulation, and road safety shall guarantee the dissemination among the population of measures that may affect road traffic.

Article 8. Temporary requisitions and mandatory personal services.

1. In accordance with what is provided for in Article 11(b) of Organic Law 4/1981, of June 1, the delegated competent authorities may agree, ex officio or upon request from the autonomous communities or local entities, that temporary requisitions of all types of goods necessary for the fulfillment of the purposes provided for in this Royal Decree be carried out, particularly for the provision of security services or by critical and essential operators. When the requisition is agreed upon ex officio, the corresponding autonomous or local Administration shall be informed previously.

2. In the same terms, the performance of mandatory personal services essential for the achievement of the purposes of this Royal Decree may be imposed.

Article 9. Containment measures in the educational and training field.

1. Presential educational activity is suspended in all centers and stages, cycles, degrees, courses, and levels of teaching contemplated in Article 3 of Organic Law 2/2006, of May 3, on Education, including university teaching, as well as any other educational or training activities provided in other public or private centers.

2. During the suspension period, educational activities shall be maintained through distance and "online" modalities, whenever possible.

Article 10. Containment measures in the field of commercial activity, cultural facilities, recreational establishments and activities, hospitality and catering activities, and others.

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 first necessity goods, pharmaceutical establishments, medical offices, optical shops, and orthopedic products, hygiene products, hairdressers, press and stationery, fuel for automobiles, tobacco shops, technological and telecommunications equipment, pet food, internet, telephone, or mail order commerce, dry cleaners, and laundries. Any other activity or establishment that, in the judgment of the competent authority, may pose a risk of contagion is suspended.

2. The stay in commercial establishments whose opening is permitted must be strictly necessary for consumers to acquire food and first necessity products, and the possibility of consuming products within the establishments themselves is suspended.

In any case, gatherings must be avoided and it must be controlled that consumers and employees maintain a safety distance of at least one meter to avoid possible contagions.

3. The opening to the public of museums, archives, libraries, monuments, as well as premises and establishments where public spectacles, sports, and leisure activities indicated in the annex of this Royal Decree take place, is suspended.

4. Hospitality and catering activities are suspended, with delivery services being provided exclusively.

5. Fairs, parades, and popular festivals are also suspended.

Article 11. Containment measures regarding places of worship and civil and religious ceremonies.

Attendance at places of worship and civil and religious ceremonies, including funerals, is conditioned on the adoption of organizational measures consisting of avoiding crowds of people, based on the dimensions and characteristics of the places, such that attendees are guaranteed the possibility of respecting a distance of at least one meter between them.

Article 12. Measures aimed at strengthening the National Health System throughout the national territory.

1. All civil health authorities of the public administrations of the national territory, as well as other officials and workers serving them, shall be under the direct orders of the Minister of Health insofar as necessary for the protection of persons, property, and places, and may be imposed extraordinary services due to their duration or nature.

2. Without prejudice to the foregoing, the autonomous and local public administrations shall maintain the management, within their scope of competence, of the corresponding health services, ensuring at all times their adequate functioning. The Minister of Health reserves the exercise of any powers necessary to guarantee cohesion and equity in the provision of said service.

3. In particular, the full availability of the civil authorities responsible for the public health sector, and of the employees serving therein, shall be ensured.

4. These measures will also guarantee the possibility of determining the best distribution in the territory of all technical and personal resources, in accordance with the needs that become apparent in the management of this health crisis.

5. The delegated competent authorities shall exercise their powers to ensure that military health personnel and centers and establishments contribute to strengthening the National Health System throughout the national territory.

6. Likewise, the Minister of Health may exercise those powers necessary for these purposes regarding centers, services, and health establishments of private ownership.

Article 13. Measures to ensure the supply of goods and services necessary for the protection of public health.

The Minister of Health may: a) Issue the necessary orders to ensure the supply of the market and the functioning of services of production centers affected by the shortage of products necessary for the protection of public health. b) Intervene and temporarily occupy industries, factories, workshops, farms, or premises of any nature, including centers, services, and health establishments of private ownership, as well as those that carry out their activity in the pharmaceutical sector. c) Carry out temporary requisitions of all types of goods and impose mandatory personal services in those cases where it is necessary for the adequate protection of public health, in the context of this health crisis.

Article 14. Measures in the matter of transport.

1. Regarding all means of transport, regardless of the competent Administration over them, the following shall apply: a) The Minister of Transport, Mobility and Urban Agenda is empowered to issue the acts and provisions that, within the specific sphere of his action, are necessary to establish conditions for mobility services, ordinary or extraordinary, in order to protect persons, property, and places. b) The acts, provisions, and measures referred to in the preceding paragraph a) may be adopted ex officio or upon motivated request from the competent autonomous and local authorities, in accordance with the legislation applicable in each case. To this end, no administrative procedure processing shall be required.

2. Likewise, the following measures applicable to internal transport are adopted: a) In public passenger transport services by road, rail, air, and sea that are not subject to public contracts or public service obligations (PSO), transport operators shall reduce the total offer of operations by at least 50%. By resolution of the Minister of Transport, Mobility and Urban Agenda, this percentage may be modified and specific conditions established regarding it.

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b) Public passenger transport services by road, rail, air, and sea of state competence that are subject to public contracts or PSOs shall reduce their total offer of operations by at least the following percentages: i. Medium-distance rail services: 50%. ii. Medium-distance AVANT rail services: 50%. iii. Regular road passenger transport services: 50%. iv. Air transport services subject to PSOs: 50%. v. Maritime transport services subject to navigation contracts: 50%.

Commuter rail services shall maintain their service offer.

By resolution of the Minister of Transport, Mobility and Urban Agenda, the reduction percentages of the services referred to above may be modified and specific conditions established regarding them. In this resolution, the need to guarantee that citizens can access their workplaces and basic services if necessary shall be taken into account.

c) Public passenger transport services by road, rail, and sea of autonomous or local competence that are subject to public contracts or PSOs, or are of public ownership, shall maintain their transport offer.

The Minister of Transport, Mobility and Urban Agenda and the autonomous and local authorities with competencies in matters of transport may establish a percentage of service reduction if the health situation so advises, as well as other specific conditions of provision. When adopting these measures, the need to guarantee that citizens can access their workplaces and basic services if necessary shall be taken into account.

d) Without prejudice to what is established in paragraphs a), b), and c), specific criteria shall be established for transport between the Peninsula and non-peninsular territories, as well as for transport between islands.

e) Regarding all means of transport, passenger transport service operators are obliged to carry out daily cleaning of transport vehicles, in accordance with the recommendations established by the Ministry of Health.

f) Online ticket sales systems must include a sufficiently visible message during the ticket sales process advising against travel except for unavoidable reasons. By order of the Minister of Transport, Mobility and Urban Agenda, the characteristics and content of this announcement may be established.

g) In those services where the ticket grants a seated place or cabin, transport operators shall take the necessary measures to ensure the maximum possible separation between passengers.

3. Transport operators shall carry out the necessary adjustments to comply with the percentages established in this article in the most homogeneous way possible among the different services they provide and may raise with the Ministry of Transport, Mobility and Urban Agenda any issues requiring interpretation or clarification.

If due to technical or operational reasons the direct application of the established percentages is not viable from the first day, the fastest possible adjustment of services must be carried out, which shall not last more than five days.

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, in order to guarantee supply.

5. The delegated competent authorities may adopt all those additional measures necessary to limit the circulation of collective transport means that are necessary and proportionate to preserve public health.

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Article 15. Measures to guarantee food supply.

1. The delegated competent authorities shall adopt the necessary measures to guarantee: a) Food supply at consumption points and the functioning of services of production centers, allowing the distribution of food from the origin to commercial establishments selling to consumers, including warehouses, logistics centers, and destination markets. In particular, when necessary for security reasons, the accompaniment of vehicles carrying out the transport of the aforementioned goods may be agreed upon. b) When necessary, the establishment of health corridors to allow the entry and exit of persons, raw materials, and finished products destined for or coming from establishments where food is produced, including farms, fish markets, animal feed factories, and slaughterhouses.

2. Likewise, the competent authorities may agree on the intervention of companies or services, as well as the mobilization of the State Security Forces and Corps and the Armed Forces in order to ensure the proper functioning of what is provided for in this article.

Article 16. Customs transit.

The delegated competent authorities shall adopt the necessary measures to guarantee customs transit at entry points or border inspection points located in ports or airports. In this regard, priority shall be given to products that are...