Spain


Author: Bosco de Gispert Segura, Attorney-at-Law , GRUPO GISPERT (Professional profile)
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Author: Pepe Giménez Alcover, Attorney-at-Law , GRUPO GISPERT, (Professional profile)
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Author: Sönke Lund , Attorney-at-Law , GRUPO GISPERT, (Professional profile)
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Author: Maria López-Amo Musoles, Attorney-at-Law , GRUPO GISPERT, (Professional profile)
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Author: Natalia Davi Siewierska, Attorney-at-Law , GRUPO GISPERT, (Professional profile)
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Author: Oriol Rodriguez Cuixart, Attorney-at-Law , GRUPO GISPERT
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Author: Rafael Audivert Arau, Attorney-at-Law, TORNOS ABOGADOS ( 6. Public Law)
Contact: raudivert@tornosabogados.com (LinkedInProfile)

Author: Aleix Aguareles, Attorney-at-Law, TORNOS ABOGADOS ( 6. Public Law)
Contact: aaguareles@tornosabogados.com (LinkedInProfile)

Overview of legal measures as of May 10th, 2020 as response to the coronavirus. . Please note: Due to the extraordinary situation, the legsilation is in conitnuous evolution and may change very fast.

Introduction

SPAIN is a decentralized state consisting of seventeen autonomous communities and two autonomous cities.

In accordance with Title VII, Chapter 3 of the 1978 Constitution, the Spanish territorial system is based on the organization by Autonomous Communities. Through the system of autonomies, the State decentralizes several of its powers to these territorial entities. Therefore, the effective functioning of the State is similar in many aspects to the federal states.

The decentralization of competences in Spain is based on the Statutes of Autonomy. Each Autonomous Community has its own Statute of Autonomy which sets out the powers that the Autonomous Community has been assigned. In this way, the Statutes of Autonomy constitute the basic institutional norm of each Autonomous Community and the State recognizes and protects them as an integral part of its legal system.

The Autonomous Communities have political and financial autonomy. This means that the Autonomous Statutes grant the Autonomous Communities powers to approve laws and to carry out executive tasks in the areas regulated by the said Statutes. All this without prejudice to national legislation, which applies to the entire country.

In order to deal with the special situation and the management of the serious situations arising from the pandemic, the Spanish Government has temporarily centralized some matters corresponding to the Autonomous Communities (for example, health matters). Other competences, however, remain with the Autonomous Communities.

To cope with the health emergency caused by the coronavirus COVID-19, the Spanish Government has declared a state of alarm throughout the country. The declaration of the state of alarm aims to protect the health and safety of citizens, contain the progression of the disease, strengthen the public health system and mitigate the health, social and economic impact.

The state of alarm was initially declared for a period of fifteen days. This is without prejudice to the extensions that have already been indicated and those that may be agreed in the future (until today, the state of alarm extends from Saturday 14 March to Saturday 28 May, both inclusive). The measures taken during the spread of Covid19 are limited in time. Unless otherwise specified, the measures are limited until the state of alarm is lifted.

As indicated above, besides the national measures, the different Autonomous Communities may have adopted relevant measures (e.g. financial assistance to companies, purchase of medical equipment, etc.). Therefore, we will include a specific section (AUTONOMOUS REGULATION) with links to the specific legislation of each of the Autonomous Communities. In any case, all these measures must be consistent with the measures adopted by the Spanish Government.



1. INTERVENTIONS AND RESTRICTIONS

1.1 Legal basis

By Royal Decree Law 463/2020 of 14 March, the Government declared the state of alarm in Spain.

The state of alarm allows very drastic measures to be taken in circumstances of special and exceptional gravity such as "health crises, epidemics and serious pollution situations". These measures limit fundamental rights that affect the daily lives of citizens, such as limiting freedom of movement (obliging citizens to stay at home), food rationing, the closure of establishments, or even the requisitioning of movable property (for example the requisitioning of masks for use by hospital staff), etc.

The State of Alarm is established by law with an initial duration of 15 days, which can be extended if necessary, with the agreement of the Congress of Deputies. Until now, different extensions have been agreed, the last one being from April to May.

1.2 Border

In order to contain the spread of the virus, the European Commission recommended on March 16th that Member States apply a coordinated temporary 30-day restriction for non-essential travel from third countries to the EU. Likewise on March 17th, 2020 the Schengen Agreement was suspended by the UE for 30 days.

On 8 April, the Commission extended the temporary restrictions within EU until 15 May 2020, except of indispensable staff (hospital doctors and health professionals, researchers, frontier workers and seasonal agricultural workers).

Source: (Final Communication from the Commission “Covid-19 guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy”. Brussels, 30.3.2020 c (2020) 2050).

Access to Spain

Based on Article 1.1 of Order INT/270/2020, of 21 March (BOE 22 March 2020), entry to Spain is denied to any person who is a national of a third country, unless that person belongs to one of the following categories:

  • Residents of the European Union or Schengen Associated States, who proceed directly to their place of residence.

  • Holders of a long-stay visa issued by a Member State or Schengen Associated State, that are travelling to the country whose visa they're entitled to.

  • Cross-border workers.

  • Healthcare or elderly care professionals going to exercise their work activity.

  • Personnel engaged in the carriage of goods, in the course of their work, and flight crews required to carry out commercial air transport activities

  • Diplomatic, consular, international organizations, military personnel and members of humanitarian organizations, in the exercise of their duties.

  • Persons travelling for imperative family reasons duly accredited.

  • Persons who provide documentary evidence of force majeure or necessity, or whose entry is permitted on humanitarian grounds.

On the other hand, according to Article 1.2 of the Order INT/270/2020, of 21 March, EU citizens and their family members will be refused entry to Spain unless they belong to one of the following categories:

  • Registered as resident in Spain or going directly to their place of residence in another Member State or Schengen Associated State.

  • Those referred to for third country nationals.

In accordance with Article 1.4 of the Order INT/270/2020, of 21 March, the restriction on non-essential travel shall not apply at the land border with Andorra or at the Gibraltar checkpoint for persons, without prejudice to any police controls that may be carried out.


1.3 Visas

The fourth additional provision of Royal Decree Law 8/2020 of 17 March,regulates the extension of the validity of the national identity card for a period of one year.

On the other hand, according to the fourth additional provision of Royal Decree Law 463/2020 of 14 March, the periods of prescription and expiration of any actions and rights during the state of alarm are suspended. Consequently, the visas of foreigners residing in Spain will not be considered expired.

1.4 Prohibition of crowds

As provided for in Article 10.5 of Royal Decree 463/2020 of 14 March, the organization of street parties, parades and popular festivals is limited or prohibited.

Likewise, Article 11 of Royal Decree 463/2020 limits attendance at places of worship and civil and religious ceremonies, including funerals, to those cases where the size and characteristics of the venues allow for a distance of one metre between the participants.

1.5 Lockdown

By means of Royal Decree 463/2020 of 14 March (hereafter RDL 463/2020), the Government has declared the state of emergency in Spain.

In order to fight and contain the expansion of Covid-19, the following measures are applied throughout the country:

Restrictions on the mobility

On the basis of the Article 7.1 of the RDL 463/2020, freedom of movement is restricted. Persons may only travel on public roads to carry out the following activities:

a) Acquisition of food, pharmaceutical products and basic necessities.

b) Assistance to health centres, services and establishments.

c) Travel to the workplace to carry out their work, professional or business activities.

d) Return to the place of habitual residence.

e) Assistance and care for the elderly, minors, dependents, disabled persons or particularly vulnerable persons.

f) Moving to financial and insurance entities.

g) Due to force majeure or a situation of need.

h) Any other activity of a similar nature. In this case, the activity must be carried out individually, unless a vulnerable person must be accompanied.

Besides, the Instruction of 19 March 2020, of the Ministry of Health, clarifies the possibility of using public roads to carry out assistance and care activities for the elderly, minors, dependents, people with disabilities or especially vulnerable people.

In accordance with Article 7.2 of RDL 463/2020, the use of private vehicles is restricted to the above activities.

Suspension of activities:

By means of RDL 463/2020 the following activities are suspended:

  • Hotel and restaurant activities (Art. 10 RDL 463/2020)

  • Museums, archives, libraries, monuments, as well as premises and establishments where public shows, sports and leisure activities are held. (Art. 10 RDL 463/2020)

There has been adopted a measure of reduction to the overall supply of public transport operation, as regulated in article 14.

Suspension of non-essential economic activity

Following the recommendations of the epidemiological experts, the Government adopted by Royal Decree Law 10/2020 that all workers in non-essential activities should stay at home between 30 March and 9 April, both dates included.

Measures taken by the Government to ensure compliance with restrictions and suspensions

To ensure the effectiveness of the above provisions, as well as their full compliance, the Government has adopted the following measures:

  • Based on Article 4 of RDL 463/2020, it is centralized in the decision-making process in the Spanish Government. In this regard, the competent authorities delegated, in their respective areas of responsibility, are as follows: the Minister of Defence; the Minister of the Interior; the Minister of Transport, Mobility and the Urban Agenda and the Minister of Health, with the latter being responsible for areas that do not correspond to any of the above.

The Ministers may, on their own initiative or at the reasoned request of the competent regional and local authorities and without the need for any administrative procedure, issue such orders, resolutions, provisions and interpretative instructions as may be necessary in their specific field of action to ensure the provision of all services, whether ordinary or extraordinary, for the protection of persons, property and places.

  • By means of Article 5 of RDL 463/2020 it is stated that the National Security Forces and Corps, the Police Forces of the Autonomous Communities and the local corporations shall be placed under the direct orders of the Minister of the Interior.

The Public Authority's Agents may check the persons, goods, vehicles, premises and establishments in order to verify or prevent the suspended services and activities from being carried out (except for those expressly exempted).


Lockdown extension

1. By means of Royal Decree 476/2020 and the Resolution of 25 March, (BOE of 28 March), the Government extended the lockdown measures until, 00:00 hours on April 12, 2020.

2. By Resolution of April 9, 2020 and Royal Decree 487/2020, (BOE of April 11), the Government authorizes the second extension of the lockdown, until 00:00 hours on April 26, 2020.

1.7 Open Businesses

Essential services

In accordance to RDL 8/2020 the following services are considered essential:

  1. Retail establishments for food, beverages, products and basic necessities,

  2. Pharmaceutical establishments,

  3. Medical facilities,

  4. Optics,

  5. Orthopaedic product establishments,

  6. Hygiene product establishments,

  7. Kiosks

  8. Gas stations

  9. Tobacco shops,

  10. Technological and telecommunications equipment establishments,

  11. Pet food establishments,

  12. Internet, telephone or post business

  13. Laundry and dry-cleaning services,

  14. Initially, hairdressers were also allowed, but this has been modified and they can only perform services at home.

In any case, agglomerations shall be avoided and consumers and employees shall be controlled to maintain a safety distance of at least one metre in order to avoid possible contagion.

Remote working

Enterprises should take appropriate measures if this is technically and reasonably possible and if the necessary adaptation effort is proportionate. These alternative measures, in particular distance working, shall take priority over temporary cessation or reduction of activity. (Art. 5 RDL 8/2020)

1.8 Shareholder's meetings and other meetings of companies

Article 40 of Royal Decree Law 8/2020, of 17 March, on urgent extraordinary measures to deal with the economic and social impact of COVID-19, establishes a series of measures to facilitate continuity of management in commercial companies.


Financial statement formulated

If the Board of Directors has formulated the annual accounts, before or during the state of alert, it will be effective and valid. In the case of not having submitted them to verification by the auditor, they may opt for the following possibilities:

  • Carry out the accounting verification within the legal period established under normal conditions, i.e. one month from the date the directors deliver the signed financial statements to the auditor (article 270 LSC).

  • Carry out the accounting verification using the extension established in article 40.4 of the RDL 8/2020, which is two months from the end of the state of alarm.

If only the approval of the accounts by the General Shareholders' Meeting is pending, there are two possible scenarios:

  • That the directors have not summoned the meeting yet: Article 164 of the LSC establishes the need for Ordinary General Meetings to be held within the first six months of each year, that is June 30th. However, in accordance with the provisions of article 40.5 of the Royal Decree-Law, the Meeting may be held within three months after the mentioned deadline.

  • That the directors have summoned the meeting: If the call was published before the declaration of the state of alarm but the day of the meeting is later, the board of directors may change the place and time foreseen by means of a notice published at least forty-eight hours in advance on the company's website or, in the absence thereof, in the BOE (article 40.6 Royal Decree-Law). In accordance with the same article 40.6, the board may revoke the agreement to call a meeting by means of the same system of publication indicated, in which case it will be necessary to call a new meeting within the month following the date on which the alarm condition ended.


Financial statement not formulated

If the directors have not formulated the financial statements, there are two options:

  • Alternatively, they can formulate the accounts using the procedures established in Article 40.1 and 2: in this way, even if the articles of association do not provide it, the meeting can be held by video call or multiple phone conference, provided that all the members of the board have the necessary means, the secretary of the body recognises their identity and states this in the minutes, which are immediately sent to the email addresses of each of the attendees. Agreements may also be adopted by means of a written vote without a meeting, provided that the Chairman decides to do so and if at least two of the members of the board so request.

Therefore, the formulation could be done now, during the state of alarm. All of this is provided that no administrator objects to it in accordance with Article 100 of the Commercial Registry Regulations.

1.9 Sanctions

During the period in which the state of alarm is in force, all citizens have an obligation to respect the confinement measures taken by the government.

Furthermore, citizens must not obstruct the work of the authority. This implies the duty to collaborate and not hinder the work of the authorities in their actions to contain the epidemic.

In this sense, failure to comply with the measures adopted by the Government to combat the spread of the epidemic or any disobedience to the actions ordered by the competent authority may be punished as follows:

A. Public Safety Act:

Art. 37.15.The removal of fences or other fixed or mobile elements placed by the Security Forces and Corps to delimit security perimeters, when it does not constitute a serious infringement it is foreseen a fine of 100 to 600 euros.

Art. 36.6. Disobedience or resistance to the authority in the exercise of their duties, as well as the refusal to identify oneself at the request of the authority or false or inaccurate data in the identification processes it is foreseen a fine of 601 to 30.000 euros.

B. General Law of Public Health

Art. 57.2.b). A fine of 3.001 up to 60.000 euros is established for carrying out conducts or omissions that may produce a risk or damage to the health of the population.

Art. 57.2.a) A fine of the amount 60.001 up to 600.000 euros can be imposed for the following:

➢ The performance of conducts or omissions that produce a risk for the health of the population.

➢ Repeated failure to comply with instructions received from the competent authority.

B. Law on the National Civil Protection System

Art. 45.4 b) A fine of 1.501 to 30.000 euros can be imposed for failing to comply with orders, prohibitions, instructions or requirements made by the heads of the competent bodies, or the duties to collaborate with the surveillance and protection services of public or private companies.

Artículo 45.3. A fine of 30.001 to 600.000 euros can be imposed in case of failure to comply with orders made by the head of the competent authorities, or the duties to collaborate with the surveillance and protection services of public or private companies, when it involves special danger or importance for the safety of people or property.

C. Criminal Law Act

Art. 556.- 1. Those who, without violence, put up serious resistance or disobey the authority, or private security personnel, duly identified, shall be punished by three months' to one year's imprisonment or a fine of six to eighteen months.

2. MEASURES TO ENSURE BASIC NEEDS

2.1 Legal basis

The measures implemented by the Government in the field of education are regulated in separate laws.

Royal Decree 463/2020 of March 14 declares the suspension of classroom-based educational activity

Royal Decree Law 8/2020, of March 17, of urgent extraordinary measures to address the economic and social impact of COVID-19.

In another order, Royal Decree-Law 11/2020 of 31 March refers to the termination of the contracts of university teaching staff during the state of alarm.

2.2 Food

The delegated competent authorities shall take the necessary measures to ensure the following (Art. 15 RDL 463/2020):

  • The supply of food enabling the distribution of food from origin to commercial establishments, including warehouses, logistics centres and markets at destination In particular, where it is necessary for safety reasons, it may be agreed that vehicles carrying out the transport of the above goods will be accompanied.

  • Where necessary, the establishment of sanitary channels to allow the entry and exit of persons, raw materials and processed products to and from establishments where food is produced, including farms, wholesale fish markets, animal feeding establishments and slaughterhouses.

2.3 Goods and services necessary for the protection of public health

The Spanish Minister of Health may intervene in private property as established below (Art. 13 RDL 436/2020):

  1. Issue the orders necessary to ensure the supply of the market,

  1. intervene in and temporarily occupy industries, factories, workshops, holdings or premises of any kind, including privately owned health centres, services and establishments, as well as those operating in the pharmaceutical sector.

  1. Temporarily requisition 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.

2.4 Electricity, fuel products, natural gas and water.

According to art. 17 of RD 463/2020, the delegated competent authorities may take the necessary measures to guarantee the supply of electricity, petroleum products and natural gas, in accordance with Article 7 of Law 24/2013 of 26 December on the electricity sector and Articles 49 and 101 of Law 34/1998 of 7 October on the hydrocarbons sector.

Regarding vulnerable customers, according to art. 3 and 4 of the RD 897/2017, from October 6th, during the month following the entry into force of the RDL 8/2020 of March 17th, suppliers of electrical energy, water and natural gas cannot suspend the supply to them. (art. 4 RDL 8/2020). On March 31st another regulation entered into force (RDL 11/2020) which foresees this measure of the prohibition of suspension of the supplies to consumers who are natural persons in their common residence, for reasons other than security of supply. (art. 29 RDL 11/2020)

From the March 17th is suspended the regulation (art. 3.5 and 6 Order IET/389/2015, from March 5th) which determinates the system of automatic determination of maximum sales prices, before tax, for packaged liquefied petroleum gases and changes to the system of automatic determination of sales prices, before tax, for liquefied petroleum gases by pipeline, for the following three quarters, unless the application of the system of automatic determination of maximum prices would have the effect of fixing new prices lower than those in force. (art. 4.3 RDL 8/2020)


2.5 IT & Telecom

Electronic communications services

While the state of alarm is in force, the companies providing electronic communications services shall maintain the provision of publicly available electronic communications services contracted by their clients on the date that the state of alarm began, so that they may not suspend or interrupt them for reasons other than the integrity and security of the electronic communications networks and services. (art. 18 RDL 8/2020)

Universal service of telecommunications

While the alert state is in force, the electronic communications service provider designated to provide universal telecommunications service shall ensure the provision of the elements of universal telecommunications service and shall maintain the current beneficiary base as a minimum.

It shall therefore ensure the continuity and quality of services and may not reduce the number of beneficiaries. (art. 19 RDL 8/2020)

Suspension of portability

While the state of alert is in force, no extraordinary commercial campaigns for contracting electronic communications services requiring number portability shall be carried out by electronic communications service providers. (art. 20 RDL 8/2020)

As long as the state of alert is in force, operators providing electronic communications services may not increase the prices of services in contracts already concluded, whether by subscription or prepaid.


3. EDUCATION

3.1 Legal basis

The measures implemented by the Government in the field of education are regulated in separate laws.

Royal Decree 463/2020 of March 14 declares the suspension of classroom-based educational activity

Royal Decree Law 7/2020, of March 12, attributes competence to the educational administrations to reschedule the school calendar.

In another order, Royal Decree-Law 11/2020 of 31 March refers to the termination of the contracts of university teaching staff during the state of alarm.

3.2 Suspension of classroom-based educational activity

As mentioned in the first section, by means of Royal Decree Law 463/2020 of 14 March the Government declared the state of alarm in Spain.

Article 9 of Royal Decree Law 463/2020 of March 14, suspends the classroom based activity. In addition, it states that educational activities will be carried out through distance and online modalities whenever possible.


3.3 Rescheduling of the school calendar

Article 10 of Royal Decree 7/2020 of 12 March, authorizes educational administrations to reschedule the school calendar. In this way, the educational administrations can reduce the minimum number of school days in order to comply with the needs of health care.

In any case, the reorganization of the school calendar requires the adoption of other modalities of educational support for students (for example, online teaching).


3.4 University teaching staff contracts ending during the state of alarm

The twelfth additional provision of Royal Decree Law 11/2020 of 31 March provides for the extension of university staff contracts that expire during the state of alarm. The extension of contracts will have the same duration as the period in which the state of alarm has been in force (including extensions).

Exceptionally, the parties may agree to extend the contract for the duration of the state of alarm and three additional months.


4. RESEARCH TO TACKLE COVID-19

4.1 Legal basis

The measures adopted by the Government to promote scientific research on Covid-19 are regulated by Royal Decree-Law 8/2020 of 17 March.

4.2 Government authorization of credits to carry out research on Covid-19

Under Article 37 of Royal Decree-Law 8/2020 of 17 March, the Government authorizes the granting of extraordinary credits to meet the scientific challenges arising from the current health emergency.

The distribution of the credits authorized by the Government will be granted to the following entities:

  • The Carlos III Health Institute will receive 25.2 million euros, mostly for projects and research programs related to the coronavirus.

  • The National Center of Biotechnology of the CSIC will obtain 4.5 million to study the new coronavirus and work on the development of vaccines.

4.3 Exceptional employment measures applicable to public entities in the area of science, technology and research

Article 36 of Royal Decree-Law 8/2020, of 17 March, authorizes public science, technology and research entities to establish extraordinary working hours for their workers, who will be financially compensated through productivity bonuses or extraordinary bonuses.

It also authorizes the aforementioned entities to hire research personnel by signing temporary or indefinite contracts. This must be done in accordance with Law 14/2011 of 1June on Science, Technology and Innovation.

5. TAX MEASURES

5.1 Legal basis

The measures adopted by the Government in the Tax filed on Covid-19 are regulated by Royal Decree-Law 7/2020 of 12 March, Royal Decree-Law 8/2020 of 17 March, Royal Decree-Law 14/2020 of 14 April.


5.2 Debt deferral

RDL 7/2020 of 12 March provides for a series of measures to make deferrals more flexible for SMEs and the self-employed.

As established in article 14 of RDL 7/2020, the deferment of debt income will be granted, under the terms provided for in article 65 of the General Tax Law corresponding to all those tax returns-settlements and self-assessments for which the period for their filing and payment ends from the date of entry into force of the Royal Decree-Law (i.e. from 12 March 2020) and up to 30 May 2020, both inclusive, provided that the applications submitted up to that date meet the requirements referred to in article 82.2.a) of the General Tax Law. It shall also apply to the debts provided for in letters b), f) and g) of Article 65.2 of said Law.

The deadline for deferment of such returns and self-assessments has been extended by Royal Decree-Law 14/2020, also affecting those whose filing deadline is between 15 April and 20 May. In this case, the 6 months will begin to count from 20 May.

The debtor must be a person or entity with a turnover not exceeding 6.010.121,04 euros in 2019.

The conditions for the deferment will be as follows:

a) The period will be six months and is a fixed period; the deferment cannot be requested for a shorter or longer period.

b) No interest on arrears shall accrue during the first three months of the deferment.

5.3 Tax on property transfers and documented legal acts.

Final Provision 1 of RDL 7/2020 establishes the amendment of the revised text of the Law on Transfer Tax and Stamp Duty, which affects:

The deeds of formalization of contractual novations of loans and mortgage credits that take place under the protection of Royal Decree-Law 8/2020, of 17 March, on extraordinary urgent measures to face the economic and social impact of the COVID-19 -> EXEMPTION from the gradual quota of notarial documents of the modality of documented legal acts of this tax, provided that they are based on the moratorium of mortgage debt for the acquisition of a habitual residence.

6.Public Law

6.1 Legal basis

The measures adopted by the Government in the Public law filed on Covid-19 are regulated by Royal Decree-Law 6/2020, Royal Decree-Law 7/2020 of 12 March, Royal Decree-Law 8/2020 of 17 March, Royal Decree-Law 11/2020, Royal Decree-Law 15/2020.


6.2 Measures

Royal Decrees-law 6/2020 of 10 March 2020; 7/2020 of 12 March 2020 and 8/2020 of 17 March 2020

The Royal Decree-law 6/2020 of 10 March 2020 introduces measures in the economic and public health field due to an immediate response necessity in order to avoid a propagation of COVID-19 and health products shortage.

- On its article 5, stablishes that the contagion and isolation periods will be legally considered as an accident at work.

- At the same time, on its articles 4 and 5, modifies the Organic Law 3/1986 of 14 April about Special Measures in Public Health Field in order to stablish a centralized supply of necessary products for the health protection that do not have the consideration of health devices. This measure has been taken in order to avoid probable shortages.

The Article 7 of the Royal Decree-law 7/2020 of 12 March 2020 stablishes that the Government will have the change to regularize the health products and medicine’s prices that are not given by medical prescription.

The Royal Decree-law 8/2020 stablishes, among other information, on its 34.2 article a time extension to minor contracts (“contratos menores”). This provision has been developed by an Information note of the General State Attorney (“Abogacía General del Estado”) of 19 March 2020. This time extension has been done in order to provide a facility on the contract’s fulfilment and it does not stablish a specific time extension, it will be discussed between the contractor and the Administration.

Order SND/257/2020 of 19 March 2020

By its Article 1, it has been suspended the public’s aperture of tourist’s accommodations such as hotels, caravan’s parking lots, camping sites, etc. As an exception it stablishes that the security and maintenance of the accommodation’s facilities will be allowed.

However, it is allowed for those accommodations that had clients on their facilities when the alarm state was declared to stay open only if they do have facilities where the first necessities activities can be done. Those establishment can not admit new clients.

By the Order TMA/277/2020 of 23 March 2020 some of the tourist’s accommodations its aperture have been suspended have been declared as essential services, so they have been reopened.

Order SND/271/2020 of 19 March 2020

Stablishes specific waste management instructions due to the COVID-19 crisis. By its Annex 1 the procedure of waste management in homes that do have a COVID-19-positive subject its specified. It stablishes that all the waste must be deposited in just one bag in the refuse container and it is considered as completely banned the deposition of those waste bags in the several separate gathering containers.

Decision of the Commission on Markets and Competition of 6 of April 2020

It declares that all the execution and development acts of the circular’s letters of the Commission will be still in process. However, this activity will be done in accordance with the suspension of procedure’s periods and processes within the framework of the alert state that has been declared by the Royal Decree nº 463/2020.

Royal Decree-law 11/2020 of 31 March 2020

Stablishes urgent measures in the social and economic field that are aimed to give support to workers, consumers, families, and vulnerable collectives along with other measures that are intended to have an impact in the economical scoop.

In the Public Law field, the following measures have been declared in order to adapt the administration’s functions to the actual crisis:

- Its Additional Disposition number nineteen, stablishes that the Government will approve a specific actuation plan in the contentious-administrative jurisdiction due to the possibility that its activity will be incremented as a result of the health crisis situation.

- A new section has been added to the article 46 of the Law that Regulates the Local Regime Databases in order to, in front of crisis situations that cause a non-ordinary presential functioning of the local entities, stablish a telematic way of work.

Royal Decree-law 15/2020 of 21 April 2020

Establishes urgent measures in the economy and employment field. In the Public Law area establishes the following modifications:

- Its Final Disposition number seven modifies the article 159.4.d of the Public Sector Contracts Act opening the possibility that in the simplified open procedure, the opening of the envelopes that contain criteria that is not subjected to a value judgement can be done using electronic devices.

- By its article 6 a new section has been added in the Additional Disposition number eight of the Royal Decree-law 11/2020 in relation with the contracts that are susceptible of appeal. It will not affect the possibility to present appeals the term suspension established by the Additional Disposition number three of the Royal Decree 463/2020, only if those contracts are related to alarm state’s matters.

Measures applicable to health care

Order SND/266/2020 of 19 March 2020

Ensures the access to the Pharmaceutical Provision which is part of the Health National System. In particular it talks about prescription visas of the medicines that are being given at the hospitals. It establishes the followings actions:

- Its first section temporarily exempts the obligation to stamp the recipe visa before the medicines dispensation in the pharmacies and hospitals of those medicines that are being given as part of a treatment. That guarantees to the subject that is being treated a non-alteration on its treatment because of the alarm state declaration.

- The new request’s authorizations of medical treatments will be processed following the ordinary process.

Order SND/233/2020 and SND/234/2020 of 15 March 2020

Stablishes information, supply, and fabrication obligations of certain medicines that must be presented in accordance with the declaration model that is stablished in the Unique Annex of the Order.

Order SND/326/2020 of 6 April 2020

By its articles 2, 3 and 4 the Order stablishes special measures in order to award licence to healthcare devise’s facilities and operations that do not have CE Marking. Its aim is to guarantee the supply of masks and surgical garments by bringing down the exigencies of the medical device’s legislation.

Reports and Criteria

Report nº 31/2020 of the General State Attorney (“Abogacía General del Estado”)

About the application of the Royal Decree-law 8/2020 of 17 March 2020 to public sector entities that do not take part in public contracts. The Report stablishes the following conclusion:

- The article 34 of the Royal Decree-law 8/2020 is applicable to all the entities that constitute the public sector as it is defined by article 3 of the Public Sector Contracts Act, with independence about their consideration or not, as adjudicatory powers.

Information note of 9 April 2020 of the Consultancy Board for Public Procurement (“Junta Consultiva de Contratación Pública”).

Stablishes the emergency processing procedure of COVID-19 against measure’s contracts. It stablishes at his point 2 the regulation of the emergency procedure by the article 120 of the Public Sector Contracts Act, that contents the scenarios that in general do justify the emergency procedure as well as the applicable limits and the conditions. In the present situation that regulation must be interpreted along with the special rule that is being stablished by the article 16 of the Royal Decree-law 7/2020.

Information note of 7 April 2020 of the Consultancy Board for Public Procurement (“Junta Consultiva de Contratación Pública” ).

About term computing procedure and suspension in the special appeal of the contracting area during the alarm state. This information note has been done under the light of the contracts that are regulated by the additional provision number 3 of the Royal Decree 463/2020.

This Information note stablishes that the rational interpretation of the additional provision of the Royal Decree 463/2020 that declares the alarm state should necessarily suppose that the extinction of the procedure’s suspension that refer to public contracts that are indispensable for the general interest’s protection or for the basic working of the services should also refer the procedure for the analysis of the potential irregularities that has been committed under its light, meaning by that, under the light of the special appeal in contract matters.

Information note of 23 of March 2020 of the Consultancy Board for Public Procurement (“Junta Consultiva de Contratación Pública”).

Interpretation about the third additional provision of the Royal Decree 463/2020 of 14 March 2020 that talks about administrative deadline’s suspensions.

The Information note stablishes that the additional provision that has been previously referred, applies to all the tenders that are currently in course. Those tenders must have been being developed by the entities that compose the public field.

However, there are some exemptions of the automatic suspension of the deadlines:

- When there are rights and interests of the procedure’s interested in danger if that suspension is produced.

- When the interested shows its conformity about a non-suspension of the deadlines.

- When the activity which is referring the deadline that is about to be suspended is considered as a basic activity for the crisis resolution.

In those situations, the automatically suspension of the deadlines will not operate.

Report of 20 of March 2020 of the General State Attorney (“Abogacía General del Estado”)

Stablishes the way forward when the term’s suspension that is being regulated in the Royal Decree 463/2020 comes to an end.

The General State Attorney stablishes that the procedure deadlines that have been suspended, once the alarm state has disappeared, will be renewed for the time that will last. Under any circumstances the deadline calculation will be renewed from the beginning of the deadline. Which means that those deadlines will be renewed and it has not to be seen as a restart.

General Council of the Judiciary Agreement (“Consejo General del Poder Judicial”) of 14 March 2020.

About the judicial actuation and the processual period’s suspension among all the national territory.

The General Council of the Judiciary Agreement has agreed the suspension among all the national territory of the programmed judicial actuations and the procedures deadlines during the alarm state.

6.2 Measures

Royal Decrees-law 6/2020 of 10 March 2020; 7/2020 of 12 March 2020 and 8/2020 of 17 March 2020

The Royal Decree-law 6/2020 of 10 March 2020 introduces measures in the economic and public health field due to an immediate response necessity in order to avoid a propagation of COVID-19 and health products shortage.

- On its article 5, stablishes that the contagion and isolation periods will be legally considered as an accident at work.

- At the same time, on its articles 4 and 5, modifies the Organic Law 3/1986 of 14 April about Special Measures in Public Health Field in order to stablish a centralized supply of necessary products for the health protection that do not have the consideration of health devices. This measure has been taken in order to avoid probable shortages.

The Article 7 of the Royal Decree-law 7/2020 of 12 March 2020 stablishes that the Government will have the change to regularize the health products and medicine’s prices that are not given by medical prescription.

The Royal Decree-law 8/2020 stablishes, among other information, on its 34.2 article a time extension to minor contracts (“contratos menores”). This provision has been developed by an Information note of the General State Attorney (“Abogacía General del Estado”) of 19 March 2020. This time extension has been done in order to provide a facility on the contract’s fulfilment and it does not stablish a specific time extension, it will be discussed between the contractor and the Administration.

Order SND/257/2020 of 19 March 2020

By its Article 1, it has been suspended the public’s aperture of tourist’s accommodations such as hotels, caravan’s parking lots, camping sites, etc. As an exception it stablishes that the security and maintenance of the accommodation’s facilities will be allowed.

However, it is allowed for those accommodations that had clients on their facilities when the alarm state was declared to stay open only if they do have facilities where the first necessities activities can be done. Those establishment can not admit new clients.

By the Order TMA/277/2020 of 23 March 2020 some of the tourist’s accommodations its aperture have been suspended have been declared as essential services, so they have been reopened.

Order SND/271/2020 of 19 March 2020

Stablishes specific waste management instructions due to the COVID-19 crisis. By its Annex 1 the procedure of waste management in homes that do have a COVID-19-positive subject its specified. It stablishes that all the waste must be deposited in just one bag in the refuse container and it is considered as completely banned the deposition of those waste bags in the several separate gathering containers.

Decision of the Commission on Markets and Competition of 6 of April 2020

It declares that all the execution and development acts of the circular’s letters of the Commission will be still in process. However, this activity will be done in accordance with the suspension of procedure’s periods and processes within the framework of the alert state that has been declared by the Royal Decree nº 463/2020.

Royal Decree-law 11/2020 of 31 March 2020

Stablishes urgent measures in the social and economic field that are aimed to give support to workers, consumers, families, and vulnerable collectives along with other measures that are intended to have an impact in the economical scoop.

In the Public Law field, the following measures have been declared in order to adapt the administration’s functions to the actual crisis:

- Its Additional Disposition number nineteen, stablishes that the Government will approve a specific actuation plan in the contentious-administrative jurisdiction due to the possibility that its activity will be incremented as a result of the health crisis situation.

- A new section has been added to the article 46 of the Law that Regulates the Local Regime Databases in order to, in front of crisis situations that cause a non-ordinary presential functioning of the local entities, stablish a telematic way of work.

Royal Decree-law 15/2020 of 21 April 2020

Establishes urgent measures in the economy and employment field. In the Public Law area establishes the following modifications:

- Its Final Disposition number seven modifies the article 159.4.d of the Public Sector Contracts Act opening the possibility that in the simplified open procedure, the opening of the envelopes that contain criteria that is not subjected to a value judgement can be done using electronic devices.

- By its article 6 a new section has been added in the Additional Disposition number eight of the Royal Decree-law 11/2020 in relation with the contracts that are susceptible of appeal. It will not affect the possibility to present appeals the term suspension established by the Additional Disposition number three of the Royal Decree 463/2020, only if those contracts are related to alarm state’s matters.

Measures applicable to health care

Order SND/266/2020 of 19 March 2020

Ensures the access to the Pharmaceutical Provision which is part of the Health National System. In particular it talks about prescription visas of the medicines that are being given at the hospitals. It establishes the followings actions:

- Its first section temporarily exempts the obligation to stamp the recipe visa before the medicines dispensation in the pharmacies and hospitals of those medicines that are being given as part of a treatment. That guarantees to the subject that is being treated a non-alteration on its treatment because of the alarm state declaration.

- The new request’s authorizations of medical treatments will be processed following the ordinary process.

Order SND/233/2020 and SND/234/2020 of 15 March 2020

Stablishes information, supply, and fabrication obligations of certain medicines that must be presented in accordance with the declaration model that is stablished in the Unique Annex of the Order.

Order SND/326/2020 of 6 April 2020

By its articles 2, 3 and 4 the Order stablishes special measures in order to award licence to healthcare devise’s facilities and operations that do not have CE Marking. Its aim is to guarantee the supply of masks and surgical garments by bringing down the exigencies of the medical device’s legislation.

Reports and Criteria

Report nº 31/2020 of the General State Attorney (“Abogacía General del Estado”)

About the application of the Royal Decree-law 8/2020 of 17 March 2020 to public sector entities that do not take part in public contracts. The Report stablishes the following conclusion:

- The article 34 of the Royal Decree-law 8/2020 is applicable to all the entities that constitute the public sector as it is defined by article 3 of the Public Sector Contracts Act, with independence about their consideration or not, as adjudicatory powers.

Information note of 9 April 2020 of the Consultancy Board for Public Procurement (“Junta Consultiva de Contratación Pública”).

Stablishes the emergency processing procedure of COVID-19 against measure’s contracts. It stablishes at his point 2 the regulation of the emergency procedure by the article 120 of the Public Sector Contracts Act, that contents the scenarios that in general do justify the emergency procedure as well as the applicable limits and the conditions. In the present situation that regulation must be interpreted along with the special rule that is being stablished by the article 16 of the Royal Decree-law 7/2020.

Information note of 7 April 2020 of the Consultancy Board for Public Procurement (“Junta Consultiva de Contratación Pública” ).

About term computing procedure and suspension in the special appeal of the contracting area during the alarm state. This information note has been done under the light of the contracts that are regulated by the additional provision number 3 of the Royal Decree 463/2020.

This Information note stablishes that the rational interpretation of the additional provision of the Royal Decree 463/2020 that declares the alarm state should necessarily suppose that the extinction of the procedure’s suspension that refer to public contracts that are indispensable for the general interest’s protection or for the basic working of the services should also refer the procedure for the analysis of the potential irregularities that has been committed under its light, meaning by that, under the light of the special appeal in contract matters.

Information note of 23 of March 2020 of the Consultancy Board for Public Procurement (“Junta Consultiva de Contratación Pública”).

Interpretation about the third additional provision of the Royal Decree 463/2020 of 14 March 2020 that talks about administrative deadline’s suspensions.

The Information note stablishes that the additional provision that has been previously referred, applies to all the tenders that are currently in course. Those tenders must have been being developed by the entities that compose the public field.

However, there are some exemptions of the automatic suspension of the deadlines:

- When there are rights and interests of the procedure’s interested in danger if that suspension is produced.

- When the interested shows its conformity about a non-suspension of the deadlines.

- When the activity which is referring the deadline that is about to be suspended is considered as a basic activity for the crisis resolution.

In those situations, the automatically suspension of the deadlines will not operate.

Report of 20 of March 2020 of the General State Attorney (“Abogacía General del Estado”)

Stablishes the way forward when the term’s suspension that is being regulated in the Royal Decree 463/2020 comes to an end.

The General State Attorney stablishes that the procedure deadlines that have been suspended, once the alarm state has disappeared, will be renewed for the time that will last. Under any circumstances the deadline calculation will be renewed from the beginning of the deadline. Which means that those deadlines will be renewed and it has not to be seen as a restart.

General Council of the Judiciary Agreement (“Consejo General del Poder Judicial”) of 14 March 2020.

About the judicial actuation and the processual period’s suspension among all the national territory.

The General Council of the Judiciary Agreement has agreed the suspension among all the national territory of the programmed judicial actuations and the procedures deadlines during the alarm state.

7. FINANCIAL MEASURES FOR THE SUPPORT OF NATURAL PERSONS

7.1 Legal basis


The measures adopted by the Government are regulated by, Royal Decree-Law 11/2020, and Royal Decree 463/2020, of 14 March, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.


7.2 Donations

Donations ordered to finance the costs of the COVID-19 crisis are regulated by Article 47 of Royal Decree Law 11/2020 of 31 March.

Monetary donations

Monetary donations shall be paid to the Treasury account ES17 9000 0001 2002 5001 2346 or another account designated for this purpose. The amounts paid into these accounts will generate credit in accordance with Law 47/2003 of 26 November 2003, General Budgetary Law at the Ministry of Health.

The donation shall not require express acceptance by public bodies.

Donations of supplies to tackle COVID-19

Donations consisting of medical equipment to combat COVID-19 will be understood to have been accepted at the time of receipt. The reception of the material will be carried out by the Ministry of Health, or any other delegated by it.

Donations of real estate

Donations of real estate will be accepted by the Minister of Finance, in the manner provided for in the legislation on public administration assets. The real estate may be used directly for the fight against COVID-19. However, it is also allowed to sell the real estate to invest the price in combating COVID19.


8. FINANCIAL MEASURES FOR THE SUPPORT OF NATURAL PERSONS

8.1 Legal basis


The measures adopted by the Government are regulated by, Royal Decree-Law 11/2020, and Royal Decree 463/2020, of 14 March, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.


8.2 Consumers

Article 36 of Royal Decree Law 11/2020 of 31 March (hereinafter RDL 11/2020) regulates the measures for the protection of consumers and users affected by the declaration of the state of alarm.

Contracts for goods and services

Based on article 36.1 of RDL 11/2020, consumers/users are allowed to terminate without penalty the contracts for goods and services that they have signed, as long as the measures of the state of alarm make it impossible to comply with the contract.

In this case, the consumer must terminate the contract within a maximum period of 14 days from its impossible fulfillment.

Instead of terminating the contract, the parties may reach a solution that restores the reciprocity of interests of the agreement (e.g. substitute vouchers or bonds). The contract will be terminated if the parties do not reach an agreement that restores the reciprocity of the contract within a maximum period of 60 days.

Article 36.2 of RDL 11/2020 establishes the employer's obligation to return the sums paid to the consumer/user, when no agreement has been reached that restores the reciprocity of the contract.

Contracts for the provision of successive services

The reimbursement of contracts for the provision of successive services is regulated in article 36.3 of RDL 11/2020. In these contracts, the service provider may offer the consumer the possibility of recovering the service not offered during the state of alarm.

Only if the consumer does not accept the company's proposal, the amount corresponding to the period in which the service has not been provided must be reimbursed.

Combined Travel Contracts

Article 36.4 of RDL 11/2020 regulates the protection of consumers when they have entered into package travel contract.

In the event of cancellation of the combined trips on the occasion of the COVID19, the organizer/retailer may replace the contracted service with a voucher of the same amount, which must be used within one year (from the end of the alarm state).

If the consumer expressly rejects the voucher, the company must reimburse the amount corresponding to the signed contract.

If the consumer does not make use of the voucher within one year, the company must also proceed with the reimbursement.



8.3 Pension schemes

By means of the twentieth additional provision of Royal Decree Law 11/2020, of 31 March, the Government authorizes some participants to recover the contributions made to their own pension plans.

Those entitled to recover contributions from their own pension plans are listed below:

a) Pension plan participants who are legally unemployed as a result of a temporary employment regulation file resulting from the health crisis caused by the COVID-19.

b) Entrepreneurs whose establishments have been closed to the public as a result of the provisions of Article 10 of Royal Decree 463/2020 of 14 March.

c) Self-employed workers integrated into the Social Security system who have ceased their activity as a result of the health crisis caused by the COVID-19.

The amount of contributions recovered may in no case exceed the following amounts:

Persons who have been subject to a temporary employment regulation scheme may recover from their pension plans the amount corresponding to the lost wages.

In the case of employers who have closed their business premises, and self-employed workers who have ceased their activity, they may recover from their pension plans the net income that they have not received during the state of alarm.

The above measures shall apply for a period of 6 months from the date of implementation of Royal Decree Law 463/2020 of 14 March.



9. Intellectual and industrial property

9.1 Legal basis


The measures adopted by the Government are regulated by Royal Decree 463/2020, of 14 March, and OEPM resolutions.


9.2 Mesures

  • Industrial property - administrative procedures

As a first and most obvious measure after the declaration of the state of emergency, the Spanish Patent and Trademark Office (OEPM) agreed to eliminate the attention to the public in person and to continue all the procedures at its website.

On the other hand, by virtue of the Third Additional 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 was agreed to suspend terms and to interrupt the deadlines for the processing of administrative procedures of public sector entities. Based on this rule, the OEPM agreed by resolution dated 16 March 2020 to suspend the administrative procedures managed by the OEPM.

However, the suspension of the terms and the interruption of the administrative deadlines does not imply an automatic suspension of all procedures; the proceedings in course or initiated during this period will continue with all the procedures that do not require prior action by the interested parties or those in which they agree that the deadline should not be suspended and that the administrative procedure can continue. In this regard, by resolution dated 25 March 2020, the OEPM agreed to issue a list of procedures in the field of distinctive signs, industrial designs and inventions which may be carried out provided that the interested party submits its consent. These are essentially responses to procedures carried out by the OEPM itself: reply to suspensions, requests to rectify defects, renewals, etc.

On the other hand, the period for lodging contentious-administrative appeals against OEPM editions is also suspended, from the working day following the date of completion of the declaration of the state of alert. As in administrative procedures, it is understood that the deadline for lodging said contentious-administrative appeal can be lifted, provided that the interested party shows his or her agreement.

With regard to the procedures followed before the European Union Intellectual Property Office (EUIPO), on May 13, 2010, this body issued a decision extending all the deadlines that had expired between March 9 and April 30, 2020, until May 1, 2020. In practice, this means that the deadlines are extended until Monday 4 May, given that Friday 1 May is a public holiday in Spain. The Office clarifies that the expression "all time limits" is to be understood in a literal sense and covers all types of proceedings, including payment of fees, exercise of priority rights, opposition periods, renewals, etc.

  • Intellectual and industrial property and competition - legal proceedings

The various legal proceedings in the field of intellectual and industrial property and competition are affected by the provisions of Royal Decree 463/2020 of 14 March, the Second Additional Provision of which provides for the suspension of all terms and the interruption of the periods laid down in the procedural laws for all jurisdictional orders. This includes all proceedings of an administrative nature in the field of industrial property followed before the contentious-administrative jurisdiction, as well as all private proceedings in the field of intellectual and industrial property, unfair competition and the defense of competition before the commercial courts. The calculation of the time limits will be resumed once the state of emergency is lifted.

Since 15 April, the electronic filing of non-urgent documents, such as letters of complaint, has been permitted, and since that date judicial activity has resumed that does not give rise to new deadlines or court hearings.

With regard to precautionary measures and preventive documents, the Second Additional Provision of Royal Decree 463/2020, of 14 March, establishes that it may be agreed to take any legal action that may be necessary to avoid irreparable damage to the rights and legitimate interests of the parties to the proceedings. The procedural precautionary measures could fit in this case, but if the need for a hearing is agreed upon, it is understood that it will be postponed until the state of alarm is lifted, as it is not possible to hold hearings during the term of the hearing.

  • National Commission for Markets and Competition (CNMC) - administrative procedures

The CNMC also cancelled its face-to-face service to the public and continues its activity through its website.

Without prejudice to the suspension of terms and the interruption of periods of time operated under the Third Additional Provision of Royal Decree 463/2020 of 14 March, the CNMC also recalls that, if the interested party so requests, it may agree not to suspend a certain period of time and to take appropriate measures in order to avoid serious damage to the rights and legitimate interests of those administered.

In addition, the CNMC has agreed to continue reporting on actions that remain fully operational, because of their economic impact on the agents of the various sectors under its supervision or because of their link to procedures established by European Union regulations.




10. SUPPORT OF THE AGRICULTURE SECTOR

10.1 Legal basis

10.2 Mesures

Both Royal Decree-Law 8/2020 of 17 March, Royal Decree-Law 11/2020 of 31 March and Royal Decree-Law 15/2020 of 21 April provide for a series of measures directly affecting the agricultural sector, such as the following:

- Financial measures aimed at farmers who have taken out loans as a result of the drought in 2017.

As laid down in Article 35 of RDL 8/2020, it will be made easier, on a voluntary basis, for the borrowers of financial credits granted to agricultural farm owners affected by the drought in 2017 under orders AAA/778/2016 of 19 May, order APM/728/2017 of 31 July and APM/358/2018 of 2 April, establishing the regulatory bases for the granting of public subsidies to obtain guarantees from the Sociedad Anónima Estatal de Caución Agraria, agree with the financial institutions to extend the repayment period of the loans taken out by up to one year, which may be a grace period.

Who can request this deferment? All those borrowers, who are owners of farms, who have taken out a loan linked to the drought of 2017.

How will it be processed? The presentation of the application will imply the authorization to SAECA to obtain from the State Agency of Tributary Administration and the General Treasury of the Social Security information relative to the fulfillment on the part of the applicant of his tributary obligations and with the Social Security whenever this documentation has not been contributed by the own applicant. The Minister of Agriculture, Fisheries and Food shall issue a reasoned decision in the light of the proposal for a resolution submitted by SAECA.

Thus, the Government, through the Ministry of Agriculture, Fisheries and Food, will finance the additional cost of the guarantees granted by the Sociedad Anónima Estatal de Caución Agraria (SAECA) arising from the extension of the period of said operation.

SAECA will act as a collaborating entity for the subsidies within the framework of the collaboration agreement signed for this purpose with the Ministry of Agriculture, Fisheries and Food, for which purpose it will assume the full management of the subsidies, including the justification and control.

- Availability of pension schemes in the event of unemployment or cessation of activity as a result of the health crisis caused by the COVID-19.

On the other hand, as established in Additional Provision Twenty of Royal Decree Law 11/2020, of 31 March, during the period of six months from the entry into force of Royal Decree 463/2020, of 14 March, declaring the state of alarm, the participants in the pension plans may, exceptionally, make their consolidated rights effective, provided they are self-employed farmers with seasonal production included in the Special System for Own-Account Farm Workers, when their average turnover in the months of the production year prior to that for which the benefit is requested is reduced by at least 75 per cent in relation to the same months of the previous year's campaign.

- Contribution in a situation of inactivity in the Special System for Employed Agricultural Workers established in the General Social Security System.

Finally, as established in article 25 of RDL 15/2020 of 21 April, workers who have contributed a maximum of 55 real days in 2019, will have a 19.11 per cent reduction applied to the resulting contributions during periods of inactivity in 2020.



11. Progressive removal of restrictions

11.1 Legal basis

Although it is not statutory, the Spanish government has published a document called "Plan for the transition to a new normality" which can be found at the following link.

The following Annexes have been published with it:

ANNEX I.- INTEGRAL INDICATOR PANEL

ANNEX II.- GUIDELINE FOR LIFTING NATIONAL LIMITATIONS SET IN THE STATE OF ALARM, BASED ON THE TRANSITION PHASES TO A NEW STANDARD

ANNEX III.- GUIDELINE CHRONOGRAM FOR THE TRANSITION TO A NEW NORMALITY

By means of these documents, the Government has established the forecasts, which are merely indicative and not exhaustive, for the return to normality of the different areas of activity, establishing four phases, each of which will last about 15 days and will therefore be implemented:

STAGE 0 - 4 May

STAGE I - 10 May

STAGE II - 25 May and

STAGE III - 8 June

However, the decisions and specific dates on the effective lifting of the limitations established during the state of alert will be determined through the corresponding legal instruments. In addition, the dates and entry into force of each phase may vary depending on the evolution of the pandemic in each of the provinces of the State.


11.2 Labour mesures

STAGE 0 – 4th May

  • Preferred remote working, in companies and positions where possible.

  • Gradual entry and exit of workplaces.

STAGE I – 10th May

  • Analysis of the Occupational Risk Prevention requirements necessary in the different activities, adapted to the COVID-19.

STAGE II – 25th May

  • N/A

STAGE III – 8th June

  • Protocols for returning to the workplace (use of PPE and/or other security measures), with graduated hours and guarantees of reconciliation.

11.3 Personal mesures

STAGE 0 – 4th May

  • Walks of children, adults and housemates..

  • Care of family orchards, for self-consumption, as long as they are in the same municipal area as their residence, or a nearby one, and the appropriate hygienic or social distancing precautions are adopted.

  • Necessary management of the traffic demand (peak time flexibility, etc.) to avoid crowding.

  • Support of messaging and posting in areas with possible agglomerations (train and bus stations, metro and bus stops, airports, ports, etc.) reminding of safety distance, hygiene measures, etc.

  • High recommendation of facemasks in public transport and all kinds of activities outside the home.

STAGE I – 10th May

  • Establishment of measures for the specific protection of all vulnerable groups in the development of relief measures

  • Social contact in small groups for people who are not vulnerable or had previous pathologies.

  • Limitation of the occupation of private vehicles, except for persons residing in the same dwelling who could go together.

  • Wakes for a limited number of family members, with protocols for physical distance and security.

STAGE II – 25th May

  • Establishment of measures for the specific protection of a small number of vulnerable groups in the development of relief measures

  • Social contact in larger groups for people who are not vulnerable or had previous pathologies.

  • Travel to second residences is allowed as long as they are in the same province.

  • Weddings for a limited number of attendees

  • Wakes for a less limited number of family members, with safety and physical distance protocols.

STAGE III – 8th June

  • Setting up measures for the specific protection of specific vulnerable groups in the development of relief measures

  • Social contact for people who are not vulnerable or had previous pathologies.

  • Wakes for a larger number of people, with protocols of physical distance and security.

  • Weddings for a larger number of attendees.

11.4 Social services

STAGE 0 – 4th May

  • Complete the incorporation of social workers given their importance in the protection for especially vulnerable groups.

STAGE I – 10th May

  • Progressive reactivation of social services, with priority attention to the most vulnerable groups, in accordance with established health recommendations

  • Among them, and in attention to people with disabilities, early care, occupational, rehabilitation and psychosocial therapies.

  • Home care and continuous monitoring of elderly people who do not live in residential homes

STAGE II – 25th May

  • Visits by a family member to persons with disabilities in residential homes and sheltered housing (except in the case of nursing homes)

STAGE III – 8th June

  • Scaling forecast and model review of nursing homes.

11.5 Education

STAGE 0 – 4th May

  • On-line or remote education will be encouraged.

STAGE I – 10th May

  • The educational centres will open for disinfection, conditioning and the administrative and preparatory work of the teachers and auxiliary staff.

  • Universities will be opened for disinfection, conditioning and administrative and research work.

  • Opening of university laboratories.

STAGE II – 25th May

  • Opening of childcare up to 6 years old for families who can prove that the parents have to do a work in person without the possibility of flexibility. Always with limited capacity.

  • On a voluntary base for the students, the terminal courses (4th ESO (Middle School), 2nd of Bachillerato (High School), 2nd of FP of Medium and Superior grade and last year of Special Regime Teaching) will begin with a division of the groups with more than 15 students at 50% for alternate attendance or in parallel semi-groups.

  • The opening of Special Education centres is permitted, and the attendance of students will be voluntary.

  • The educational centres will prepare educational reinforcement programmes to be developed at the centre for the students not mentioned above.

STAGE III – 8th June

  • N/A

11.6 Innovation and investigation

STAGE 0 – 4th May

  • Gradual reopening of those scientific and technical facilities that were closed in the first phase of the pandemic because they were not considered essential in the short term.

  • Scientific or innovative seminars and conferences may be held, respecting social distances of more than 2 metres and less than 30 attendees, guaranteeing compliance with safety protocols.

STAGE I – 10th May

  • Scientific or innovative seminars, respecting social distance of more than 2 and less than 50 participants, ensuring compliance with safety protocols.

  • Opening of the residences for researchers subject to the conditions established for hotel establishments.

  • Opening of the Science and Technology Museums and Science Houses to the public, under the same rules in force for other museums and cultural centres.

STAGE II – 25th May

  • Seminars, congresses and scientific or innovation fairs, respecting social distance of more than 2 meters and less than 80 people, guaranteeing compliance with safety protocols.

  • Scientific-technical outreach activities, informative workshops, with the necessary restrictions.

STAGE III – 8th June

  • N/A

11.7 Retail trade and service provision activities

STAGE 0 – 4th May

  • Opening of premises and establishments by appointment for the individual attention of customers. These premises must have a counter, screen or, when this is not possible, guarantee maximum individual protection

  • Preferential opening hours will be established for persons over 65 years of age.

  • When the professional service requires contact with the client, the use of protective measures such as masks or gloves will be mandatory.

STAGE I – 10th May

  • Widespread opening of commercial premises and establishments that do not have the character of a shopping centre or park.

  • This does not alter the activity of establishments located in shopping centres that have been allowed to remain open to the public during the state of alarm.

  • Capacity limited to 30%. A minimum distance of 2 metres between customers will be guaranteed. When this is not possible, only one customer will be allowed to be present.

  • Preferential opening hours will be established for persons over 65 years of age.

  • When proposed by the corresponding town hall, open air markets/non-sedentary sales (street markets) may also resume their activity on the street, with conditions of distance between stands, and delimitation of the street market for proper control of the capacity by the security forces. Initial limitation to 25% of the usual stands or increase in surface area to ensure that a safe distance is maintained between the stands and passers-by.

STAGE II – 25th May

  • Opening of shopping centres or parks to the public, prohibiting the stay in common areas or recreational areas.

  • Capacity limited to 40%. In any case, a minimum distance of 2 metres between customers must be guaranteed.

  • In premises where this distance is not possible, only one customer will be allowed to stay on the premises.

  • Preferential opening hours will be established for persons over 65 years of age.

  • In non-sedentary sales/open-air markets, the number of stands that can operate may be increased to 1/3 of the usual number, or a similar separation distance with an increase in surface area, with the measures indicated in Stage I.

  • Opening of educational and training centres (driving schools, academies, etc.) that are not included in the Education and Science sections. Appropriate measures of distance, hygiene and protection will be established.

STAGE III – 8th June

  • The ban on the use of common areas and recreational areas in shopping centres is lifted

  • Capacity limited to 50%. Safety distance will be maintained at 2 meters.

  • The open air markets/non-sedentary sales may increase their activity up to 50% of the stalls or increase the surface area to allow for a similar distance between stalls, at the discretion of the town halls which must guarantee a safety distance of 2 metres between people.

11.8 Restaurants and cafes

STAGE 0 – 4th May

  • Opening of restaurants and cafes with take-away delivery. No consumption on the premises.

STAGE I – 10th May

  • Opening of outdoor terraces: will be limited to 30% of the tables allowed in previous years based on the municipal license ensuring distances. There could be a greater number of tables if the council allows more space available, respecting the 30% table/surface ratio and with a proportional increase in pedestrian space on the same length of public road.

STAGE II – 25th May

  • For premises, consumption in the premises with table service with guaranteed separation between customers at the table and between tables, except nightclubs and night bars. Limited to 1/3 of the capacity. Only consumption in the restaurant or to go.

STAGE III – 8th June

  • For premises, the capacity will be extended to a maximum of 1/2 of its capacity to ensure separation of customers. People are allowed to stand with a minimum separation of 1.5 meters between customers of the bar.

  • On outdoor terraces: it will be limited to 50% of the tables allowed in previous years based on the municipal license. They could have tables if the municipality allows more space while respecting the 50% table/surface ratio.

  • Nightclubs and night bars with a maximum capacity of 1/3.

11.9 Hotels and tourist accommodations

STAGE 0 – 4th May

  • No activity is allowed except for already regulated exceptions

STAGE I – 10th May

  • Opening without the use of common areas and with restrictions, for example, in catering, among other activities, disinfection and reinforcement of health and hygiene standards.

STAGE II – 25th May

  • Opening of common areas limited to 1/3 of capacity except for hotels, restaurants and cafes which will be subject to the restrictions laid down for this sector.

STAGE III – 8th June

  • Opening of common areas limited to 1/2 capacity except for hotels, restaurants and cafes which will be subject to the restrictions laid down for this sector.

11.10 Agricultural trade

STAGE 0 – 4th May

  • Opening of activities in the agro-food and fisheries sector that maintained restrictions

STAGE I – 10th May

  • Resumption of hunting and sport fishing

STAGE II – 25th May

  • N/A

STAGE III – 8th June

  • N/A

11.11 Culture and leisure

STAGE 0 – 4th May

  • Opening of archives

STAGE I – 10th May

  • Libraries (lending and reading with limited capacity).

  • Cultural events and shows for less than 30 people in closed places (with 1/3 of the capacity).

  • Open-air cultural events and shows for less than 200 people (as long as it is seated and maintained at the necessary distance).

  • Museums (visits only, no cultural activities) 1/3 capacity with crowd control in halls.

  • Active and nature tourism for limited groups of people.

  • Audiovisual production and shooting of films and series.

STAGE II – 25th May

  • Cinemas, theaters, auditoriums and similar spaces (with pre-assigned seats) with a 1/3 capacity limitation.

  • Monuments and other cultural facilities (visits only; no cultural activities) 1/3 capacity.

  • Exhibition rooms, conference rooms and multipurpose rooms 1/3 capacity, with crowd control.

  • Cultural events and shows for less than 50 people in closed areas (1/3 capacity).

  • Cultural and leisure events and shows in the open air for less than 400 people (provided it is seated and maintained at the necessary distance).

  • Active and nature tourism for larger groups of people.

STAGE III – 8th June

  • Activities with 1/3 capacity in stage II may be increased to 1/2 capacity in this stage.

  • Performing arts and music rooms with a 1/3 capacity limitation.

  • Cultural events and shows with less than 80 people in closed places (1/3 capacity).

  • Squares, enclosures and bullfighting facilities with a capacity limit of one person per 9 m2.

  • Cultural events and shows, theme parks and open-air leisure facilities for less than 800 people (as long as they are seated and maintain the necessary distance).

  • Active and nature tourism.

  • Beaches, in safe and distant conditions.

11.12 Sport

STAGE 0 – 4th May

  • Professional

    • Individual training of professionals and federations

    • Basic professional league training.

    • Non-contact sports activity

  • Non-professional

    • Non-contact sports activity (cycling, running, skating, surfing, etc.) as long as it is done individually and with adequate protection (distance, mask in non-water sports, when possible, etc.)

STAGE I – 10th May

  • Professional

    • Opening of high-performance centres with reinforced hygiene and protection measures and, if possible, shifts

    • Average training in professional leagues

  • Non-professional

    • Outdoor sports facilities without an audience (only for non-contact sports: athletics, tennis)

    • Individual sports activities by appointment in sports centres that do not involve physical contact or use of changing rooms.

STAGE II – 25th May

  • Professional

    • Basic training in federated non-professional leagues.

    • Total training in professional leagues.

    • Reopening of professional championships through closed or capacity-limited matches, which can be broadcast.

  • Non-professional

    • Outdoor sports and shows with limited capacity, in similar terms to the cultural and leisure activities of this Stage.

    • Sports facilities in closed spaces without an audience (only for sports where there is no contact or a low risk of contagion).

STAGE III – 8th June

  • Professional

    • Average training in federated non-professional leagues.

  • Non-professional

    • Open-air shows and sports activities with less limited capacity, in similar terms to the cultural and leisure activities of this Phase.

    • Indoor sports events and activities (only for sports where there is no contact or a moderate risk of contagion, e.g. skating rink). Audience limited to 1 person per 20 m2.

    • Matches with a maximum of 1/3 of the capacity, always guaranteeing safety separation between spectators and outdoor sports activities or with a maximum of 1/3 of the capacity of the gyms, without the use of changing rooms.

11.13 Religious cult

STAGE 0 – 4th May

  • N/A

STAGE I – 10th May

  • Limitation of 1/3 of the capacity.

STAGE II – 25th May

  • Limitation of 1/2 of the capacity.

STAGE III – 8th June

  • N/A

11.14 City mobility

STAGE 0 – 4th May

  • Progressive increase of frequencies in public transport, especially at rush hour.

  • Preparation of enhanced mobility plans, including demand management

  • In the distribution of occupation, special attention will be paid to the fitting out of spaces for people with disabilities.

STAGE I – 10th May

  • Public transport in urban and interurban environments at service levels of 80-100%.

  • Passenger demand management measures.

  • A reference occupation factor will be established

STAGE II – 25th May

  • N/A

STAGE III – 8th June

  • All public transport services 100%.

11.15 Public transport for medium and long distance

STAGE 0 – 4th May

  • Maintenance of the current conditions (limitation of the number of services to 30% with respect to the normal period).

  • In the distribution of occupation, special attention will be paid to the fitting out of spaces for people with disabilities.

STAGE I – 10th May

  • Maintenance of the current conditions (limitation of the number of services offered to 30%) Limitation of occupation to 50% of the vehicles.

  • Prohibition of catering on trains.

STAGE II – 25th May

  • N/A

STAGE III – 8th June

  • Possible increase in vehicle occupancy (buses and trains)

11.16 Maritime transport

STAGE 0 – 4th May

  • Maintenance of current conditions.

  • In the distribution of occupation, special attention will be paid to the fitting out of spaces for people with disabilities.

STAGE I – 10th May

  • The current conditions are maintained, unless otherwise agreed with the Autonomous Communities and cities concerned in the working group.

  • Occupation: 50% in an armchair or separation of armchairs over 2 metres. 100% in cabins as long as they are occupied by people living in the same address.

STAGE II – 25th May

  • N/A

STAGE III – 8th June

  • The regulatory limitation not to embark passengers on the ferries is removed, depending on the evolution of sanitary parameters.

  • Recreational sailing activities are authorised.