Agencia Estatal Boletín Oficial del Estado

The World Health Organization declared on March 11th, 2020 that the COVID-19 outbreak had become a global pandemic. The rapid spread of the virus, both nationally and internationally, necessitates immediate and effective measures to address this crisis. The extraordinary circumstances we face represent an unprecedented and significant public health crisis, with a high number of affected citizens and an extraordinary risk to their rights.

According to article four, section b), of the Organic Law 4/1981, of June 1st, on states of alarm, exception, and siege, the government is authorized, in exercising the powers granted by article 116.2 of the Constitution, to declare a state of alarm in the whole or part of the national territory when there is a serious disruption to normalcy due to a health crisis.

In this context, the measures outlined in this regulation are part of the decisive action taken by the government to protect the health and safety of citizens, contain the spread of the disease, and strengthen the public health system. The extraordinary temporary measures already implemented by all levels of government must now be intensified without delay to prevent and contain the virus, as well as mitigate the health, social, and economic impact.

To address this serious and exceptional situation, it is essential to declare a state of alarm.

The measures contained in this royal decree are indispensable to deal with the situation. They are proportionate to the extreme seriousness of the situation and do not entail the suspension of any fundamental rights, as provided for in article 55 of the Constitution.

Therefore, based on the proposal of the First Vice President of the Government and Minister of the Presidency, Relations with the Courts 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 at its meeting on March 14th, 2020,

I HEREBY ORDER:

Article 1. Declaration of the state of alarm.

Under the provisions of article four, sections b) and d), of the Organic Law 4/1981, of June 1st, on states of alarm, exception, and siege, a state of alarm is declared to address the health emergency caused by the COVID-19 coronavirus.

Article 2. Territorial scope.

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

Article 3. Duration.

The state of alarm declared by this royal decree will last for fifteen natural days.

Article 4. Competent authority.

1. For the purposes of the state of alarm, the competent authority will be the government.

2. For the exercise of the functions referred to in this royal decree, under the overall direction of the Prime Minister, the designated delegated competent authorities, in their respective areas of responsibility, shall be:

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.

In areas of responsibility not falling within the competence of any of the Ministers referred to 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 orders, resolutions, provisions, and interpretive instructions necessary to ensure the provision of all services, ordinary or extraordinary, aimed at the protection of individuals, property, and places, by adopting any of the measures provided for in article eleven of the Organic Law 4/1981, of June 1st. Acts, provisions, and measures as mentioned above may be taken ex officio or upon motivated request of the competent regional and local authorities, in accordance with the applicable legislation in each case, and must pay attention to vulnerable persons. For this purpose, no administrative procedure is required.

4. During the validity of the state of alarm, the Situation Committee provided for in the first additional provision of Law 36/2015, of September 28th, on National Security, will be activated as a support body to the Government acting as the competent authority.

Article 5. Collaboration with delegated competent authorities.

1. Members of the State Security Forces and Corps, police forces of the autonomous communities, and local police forces shall be under the direct orders of the Minister of the Interior for the purposes of this royal decree, as necessary to protect individuals, property, and places. They may be assigned extraordinary duties due to their duration or nature.

2. Law enforcement officers may carry out checks on individuals, goods, vehicles, premises, and establishments as necessary to verify and, if necessary, prevent the provision of suspended services and activities under this royal decree, except for expressly exempted services. To this end, they may issue necessary orders and prohibitions and suspend ongoing activities or services.

In carrying out their duties, citizens have a duty to cooperate and not hinder law enforcement officers in the exercise of their functions.

3. In autonomous communities with their own police forces, the Monitoring and Coordination Committees provided for in their respective Security Boards shall establish the necessary mechanisms to ensure compliance with the two previous paragraphs.

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

5. The Minister of the Interior may issue orders, resolutions, provisions, and instructions he deems necessary for all the persons subject to the provisions of Law 5/2014, of April 4th, on Private Security.

6. For the effective implementation of the measures included in this royal decree, the delegated competent authorities may request the intervention of the Armed Forces, in accordance with the provisions of article 15.3 of Organic Law 5/2005, of November 17th, on National Defense.

Article 6. Ordinary management of services.

Each administration shall retain the competences granted to it by current legislation in the normal management of its services in order to adopt the necessary measures within the framework of the direct orders of the competent authority for the state of alarm, and without prejudice to the provisions of articles 4 and 5.

Article 7. Restriction on freedom of movement.

1. During the state of alarm, individuals may only travel on public roads for the following activities:

a) Acquisition of food, pharmaceuticals, and essential goods.

b) Attendance at health centers, services, and facilities.

c) Travel to the workplace to perform work, professional, or business duties.

d) Return to the habitual place of residence.

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

f) Travel to financial and insurance entities.

g) Due to force majeure or necessity.

h) Any other similar activity that must be carried out individually, except when accompanying individuals with disabilities or for other justified cause.

2. Likewise, private vehicles may circulate on public roads for the aforementioned activities or for refueling at gas stations.

3. In any case, all movements must comply with the recommendations and obligations set forth by health authorities.

4. The Minister of the Interior may close roads or sections of them for reasons of public health, traffic safety, or traffic fluidity, or restrict access of certain vehicles for the same reasons.

When such measures are taken ex officio, the competent regional administrations responsible for enforcing traffic legislation shall be informed in advance.

The competent state, regional, and local authorities in matters of traffic, vehicle circulation, and road safety shall ensure the dissemination of measures that may affect traffic.

Article 8. Temporary requisitions and mandatory personal services.

1. In accordance with the provisions of article eleven b) of Organic Law 4/1981, of June 1st, the delegated competent authorities may, ex officio or at the request of autonomous communities or local entities, order temporary requisitions of all types of goods necessary for the fulfillment of the purposes provided for in this royal decree, particularly for the provision of security services or services of critical and essential operators. When requisitions are ordered ex officio, the corresponding autonomous or local administration shall be informed in advance.

2. In the same terms, the mandatory performance of essential personal services necessary to achieve the purposes of this royal decree may be imposed.

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

1. Face-to-face educational activities in all educational stages, cycles, degrees, courses, and levels of education provided for in article 3 of Organic Law 2/2006, of May 3rd, on Education, including university education, as well as any other educational or training activities provided in public or private centers, are suspended.

2. During the suspension period, educational activities will continue through distance and online modalities, whenever possible.

Article 10. Containment measures in the commercial, cultural, recreational, hospitality, and other sectors.

1. The opening of retail establishments to the public is suspended, with the exception of food, beverage, essential goods, pharmaceutical, medical, optical, and orthopedic retail establishments, as well as hygienic products, hair salons, press and stationery stores, automotive fuel retailers, tobacco shops, technological equipment and telecommunications retailers, pet food retailers, online, telephone or mail order commerce, dry cleaners and laundries. Any other activity or establishment that may pose a risk of contagion, as determined by the competent authority may also be suspended.

2. The stay in commercial establishments where opening is permitted shall be strictly limited to the time necessary to allow consumers to purchase food and essential products, and the consumption of products on the premises shall be suspended.

In any case, crowds should be avoided, and consumers and employees must maintain a safe distance of at least one meter to prevent possible infections.

3. Museums, archives, libraries, monuments, as well as venues and establishments that host public shows, cultural and artistic activities, are closed, as indicated in the annex to this royal decree.

4. The provision of hospitality and restaurant services is suspended, with the exception of home delivery services.

5. Festivals, parades, and popular celebrations 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 funeral ceremonies, is subject to the adoption of organizational measures to avoid crowded gatherings of people, taking into account the dimensions and characteristics of the places and ensuring that attendees can maintain a minimum distance of at least one meter between them.

Article 12. Measures to strengthen the National Health System throughout the national territory.

1. All civilian health authorities of the public administrations in the national territory, as well as other officials and employees serving them, shall be under the direct orders of the Minister of Health whenever necessary for the protection of individuals, property, and places, and may be assigned extraordinary duties due to their duration or nature.

2. Notwithstanding the above, regional and local public administrations shall maintain the management of their respective health services within their areas of competence, ensuring their proper functioning at all times. The Minister of Health reserves the right to exercise any necessary powers to guarantee cohesion and equity in the provision of these services.

3. In particular, the full availability of civil authorities responsible for public health, as well as employees working in the same field, shall be ensured.

4. These measures shall also guarantee the possibility of determining the best distribution throughout the territory of all technical and personnel resources, in accordance with the needs that arise in the management of this health crisis.

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

6. Likewise, the Minister of Health may exercise any necessary powers in this regard with respect to private health centers, services, and establishments.

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

The Minister of Health may:

a) Issue the necessary orders to ensure the supply of goods to the market and the functioning of services in production centers affected by shortages of products necessary for public health protection.

b) Intervene and temporarily occupy industries, factories, workshops, and premises of any nature, as well as private health centers, services, and establishments engaged in pharmaceutical activities.

c) Order temporary requisitions of all types of goods and impose mandatory personal services when necessary for the proper protection of public health in the context of this health crisis.

Article 14. Measures in the transport sector.

1. In relation to all means of transportation, regardless of the competent authority responsible for them, the following shall apply:

a) The Minister of Transport, Mobility, and Urban Agenda is empowered to issue the acts and provisions necessary to establish conditions for mobility services, whether regular or extraordinary, in order to protect individuals, property, and places within the specific scope of his/her action.

b) The acts, provisions, and measures referred to in the preceding paragraph may be adopted ex officio or at the motivated request of the competent regional and local authorities, in accordance with the applicable legislation in each case. No administrative procedure is required for this purpose.

2. Likewise, the following measures shall be applied to domestic transportation:

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 operations by at least 50%. The Minister of Transport, Mobility, and Urban Agenda may modify this percentage and establish specific conditions accordingly.

b) Public passenger transport services by road, rail, air, and sea subject to state competition that are subject to public contracts or PSOs shall reduce their total operations by at least the following percentages:

i. Medium-distance services: 50%.

ii. Medium-distance AVANT 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.

The Minister of Transport, Mobility, and Urban Agenda may modify the percentage reductions for the abovementioned services and establish specific conditions accordingly. This resolution should take into account the need to ensure that citizens can access their workplaces and basic services if necessary.

c) Public passenger transport services by road, rail, and sea subject to regional or local competition, or public owned, shall maintain their transport services.

The Minister of Transport, Mobility, and Urban Agenda and the regional and local authorities with powers in matters of transport may establish a service reduction percentage only if the health situation requires it, as well as other specific conditions for the provision of these services.

When adopting these measures, the need to ensure that citizens can access their workplaces and basic services if necessary should be taken into account.

d) Specific criteria shall be established for transportation between the Peninsula and non-peninsular territories, as well as transportation between islands.

e) All transport service operators are required to carry out daily cleaning of their vehicles according to the recommendations established by the Ministry of Health.

f) Online ticket sales systems must include a clearly visible message during the ticket purchasing process advising against travel unless absolutely necessary. The Minister of Transport, Mobility, and Urban Agenda may establish the content and characteristics of this announcement by order.

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

3. Transport operators shall make the necessary adjustments to comply with the percentages established in this article as uniformly as possible among the different services they provide and may request the Ministry of Transport, Mobility, and Urban Agenda to interpret or clarify any issues they deem necessary.

If the direct application of the percentages established from the first day is not technically or operationally feasible, the adjustment of services must be carried out as quickly as possible and must not last more than five days.

4. The Minister of Transport, Mobility, and Urban Agenda shall establish the necessary conditions to facilitate the transportation of goods throughout the national territory in order to ensure the supply.

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

Article 15. Measures to ensure food supply.

1. The delegated competent authorities shall take the necessary measures to guarantee:

a) The food supply at consumer locations and the operation of services at production centers, allowing the distribution of food from the source to retail establishments, including warehouses, logistics centers, and destination markets. In particular, in case of security reasons, the transport of the mentioned goods may be accompanied.

b) When necessary, the establishment of sanitary corridors to allow the entry and exit of people, raw materials, and products destined to or originating from establishments in which food is produced, including farms, fish markets, animal feed factories, and slaughterhouses.

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

Article 16. Customs transit.

The delegated competent authorities shall take the necessary measures to ensure customs transit at entry or border inspection points located in ports or airports. Priority will be given to products that are essential.

Article 17. Guarantee of electricity supply, petroleum products, and natural gas.

The delegated authorities may take the necessary measures to ensure the supply of electricity, petroleum products, as well as natural gas, in accordance with the provisions of article 7 of Law 24/2013, of December 26th, on the Electric Power Sector, and articles 49 and 101 of Law 34/1998, of October 7th, on the Hydrocarbon Sector.

Article 18. Critical operators of essential services.

1. Critical operators of essential services provided for in Law 8/2011, of April 28th, on the Protection of Critical Infrastructures, shall take the necessary measures to ensure the provision of their respective essential services.

2. The same requirement shall apply to non-critical companies and suppliers that are essential for ensuring the supply of the population and essential services.

Article 19. Public and private media.

Public and private media are obligated to include messages, advertisements, and communications that the delegated competent authorities, as well as regional and local administrations, consider necessary to broadcast.

Article 20. Sanctioning regime.

Failure to comply with or resistance to the orders of the competent authorities during the state of alarm shall be punishable in accordance with the law, as provided for in article ten of Organic Law 4/1981, of June 1st.

First additional provision. Foreign personnel accredited as members of diplomatic missions.

Members of foreign personnel accredited as members of diplomatic missions, consular offices, and international organizations located in Spain are exempt from limitations on freedom of movement for travel within the national territory or to and from their country of origin or other States where they are also accredited, provided that such travel is related to the performance of official functions.

Second additional provision. Suspension of procedural deadlines.

1. The terms and deadlines provided for in procedural laws for all jurisdictional orders are suspended and interrupted. The calculation of these deadlines will resume when this royal decree or, if applicable, its extensions cease to be in force.

2. In the criminal jurisdiction, the suspension and interruption shall not apply to habeas corpus proceedings, activities entrusted to the guard services, actions involving detainees, protection orders, urgent actions in the field of prison surveillance, or any precautionary measures in cases of violence against women or minors.

In addition, during the investigatory phase, the competent judge or court may carry out any necessary urgent actions.

3. In relation to the other jurisdictional orders, the interruption referred to in the first paragraph shall not apply to the following cases:

a) Proceedings for the protection of fundamental rights provided for in articles 114 et seq. of Law 29/1998, of July 13th, on the Contentious-Administrative Jurisdiction, nor to the processing of authorizations or judicial ratifications provided for in article 8.6.2º of the aforementioned law.

b) Procedures for collective conflict resolution and for the protection of fundamental rights and public freedoms governed by Law 36/2011, of October 10th, on Social Jurisdiction.

c) Judicial authorization for involuntary internment due to mental disorder provided for in article 763 of Law 1/2000, of January 7th, on Civil Procedure.

d) Adoption of measures or provisions for the protection of minors provided for in article 158 of the Civil Code.

4. Notwithstanding the provisions of the previous paragraphs, the judge or court may carry out any necessary judicial actions to prevent irreparable harm to the rights and legitimate interests of the parties to the proceedings.

Third additional provision. Suspension of administrative deadlines.

1. Terms and deadlines for the processing of proceedings by public sector entities are suspended and interrupted. The calculation of these periods and deadlines will resume when this royal decree or, if applicable, its extensions cease to be in force.

2. The suspension and interruption of terms and deadlines shall apply to the entire public sector defined in Law 39/2015, of October 1st, on the Common Administrative Procedure of Public Administrations.

3. Notwithstanding the above, the competent body may, by reasoned resolution, issue the strictly necessary regulatory and instructional measures to prevent serious harm to the rights and interests of the interested party in the procedure, provided that the interested party agrees, or when the interested party expresses agreement with the non-suspension of the deadline.

4. This provision shall not apply to the proceedings and resolutions referred to in the first paragraph, when they are closely related to the justifications for the state of alarm.

Fourth additional provision. Suspension of prescription and expiry periods.

The periods of prescription and expiry of any actions and rights shall be suspended for the duration of the state of alarm and, where applicable, any additional extensions.

Fifth additional provision. Armed Forces members as law enforcement agents.

In accordance with the third additional provision of Law 39/2007, of November 19th, on Military Careers, in relation to articles 15.3 and 16 e) of Organic Law 5/2005, of November 17th, on National Defense, members of the Armed Forces exercising their functions under this royal decree shall have the status of law enforcement agents.

First final provision. Ratification of measures taken by the competent authorities of Public Administrations.

1. All provisions and measures previously adopted by the competent authorities of the autonomous communities and local entities in relation to the COVID-19 coronavirus shall be ratified and shall remain in force, producing the effects provided for in them, as long as they are compatible with this royal decree.

2. The ratification provided for in this provision shall be without prejudice to the judicial ratification provided for in article 8.6.2º of Law 29/1998, of July 13th.

Second final provision. Empowerment.

During the state of alarm declared by this royal decree, the government may issue successive decrees modifying or expanding the measures established herein. These decrees shall be reported to the Congress of Deputies in accordance with the provisions of article eight.2 of Organic Law 4/1981, of June 1st.

Third final provision. Entry into force.

This royal decree shall enter into force upon its publication in the Official State Gazette.

Given in Madrid, on March 14th, 2020.

FELIPE R.

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

CARMEN CALVO POYATO

Annex

List of facilities and activities whose opening to the public is suspended in accordance with article 10.3

Museums.

Archives.

Libraries.

Monuments.

Public shows.

Recreation and entertainment:

Café-shows.

Circuses.

Exhibition centers.

Dance halls.

Nightclubs.

Restaurants with live music performances.

Cultural and artistic venues:

Auditoriums.

Cinemas.

Bullfighting venues.

Other cultural and artistic venues.

Exhibition centers:

Congress halls.

Concert halls.

Conference halls.

Exhibition halls.

Multipurpose halls.

Theaters.

Sports venues:

Indoor sports venues.

Football, rugby, baseball fields, and their equivalents.

Basketball, handball, volleyball fields, and their equivalents.

Clay pigeon shooting, skeet shooting fields, and their equivalents.

Shooting galleries.

Tennis courts and their equivalents.

Skating rinks, ice hockey rinks, roller rinks, and their equivalents.

Swimming pools.

Boxing, wrestling, judo venues, and their equivalents.

Permanent motorcycle, automobile, and their equivalents circuits.

Velodromes.

Racecourses, dog tracks, and their equivalents.

Frontons, trinquets, squash courts, and their equivalents.

Sports centers.

Bowling alleys and their equivalents.

Billiard halls and their equivalents.

Gyms.

Athletic tracks.

Stadiums.

Other venues, installations, or activities equivalent to those mentioned above.

Open spaces and public roads:

Running courses.

Bicycle, motorcycle, car, and their equivalents racing tracks.

Motocross, trial, and their equivalents tracks.

Nautical events and exhibitions.

Aeronautical events and exhibitions.

Other venues, installations, or activities equivalent to open-air activities in public roads.

Recreational activities:

Dance venues:

Discotheques and dance halls without live music performances.

Discotheques and dance halls with live music performances.

Hospitality and restaurant activities:

Taverns and wineries.

Cafeterias, bars, coffee bars, and their equivalents.

Chocolate shops, ice cream parlors, tea rooms, croissanteries, and their equivalents.

Restaurants, self-service establishments, and their equivalents.

Bar-restaurants.

Hotel bars and restaurants, except for serving guests.

Banquet halls.

Terraces.