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Translated extracts from the royal decree on the modification of the use of face masks April 19.
This royal decree establishes the areas where the mask will continue to be mandatory. However, it is recommended for all people with a greater vulnerability to COVID-19 infection to maintain the use of a mask in any situation in which there is prolonged contact with people at a distance of less than 1.5 meters.
For this reason, responsible use of the mask is recommended in closed spaces for public use in which people transit or spend a long time. Likewise, the responsible use of the mask in crowded events is recommended. In the family environment and in private gatherings or celebrations, responsible use is recommended based on the vulnerability of the participants.
In the work environment, in general, the use of masks will not be mandatory. However, those responsible for occupational risk prevention, in accordance with the corresponding risk assessment of the job, may determine the appropriate preventive measures that must be implemented in the workplace or in certain areas of the work centres, including the possible use of masks, if this is derived from the aforementioned evaluation.
Consequently, the mandatory use of a mask is maintained, first of all, in health centres, services and establishments, since these are areas where there may be a greater concentration of vulnerable people in whom the risk of serious illness is greater and, on the other hand, where the probability of transmission is higher, since they are places where there may be a greater number of people with communicable respiratory infections, in addition to COVID-19.
Secondly, attention must be paid to the specific situation of social health centres and, in particular, of residences for the elderly. In these centres, the probability of transmission is also high, especially in the event of outbreaks, with a high impact on vulnerable people Since the institution is the home of the people who reside there, the permanent use of the mask would affect the well-being of these people, considering, in addition, that the people who are inside the closed institution are not the source of infection, unlike the workers and visitors in contact with the outside, who may be the agents that introduce the infection. virus.
Finally, in the means of transport, a large population is concentrated in small spaces, with little interpersonal distance, sometimes for long periods of time.
Although many transports have good ventilation systems equipped with high-efficiency filters, this ventilation is not always guaranteed in all of them. That is why, in this area, the probability of transmission in the absence of a mask can be high, with.a moderate impact considering the diversity of people exposed, among whom there could be some especially vulnerable. Therefore, the obligation is maintained in air, rail or cable transport, in public passenger transport and in the closed spaces of ships and boats, when the safety distance cannot be maintained. However, it has been considered that this obligation to use the mask should not be maintained for passenger platforms and stations.
Likewise, this royal decree responds to the principles of good regulation established in article 129 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.
In particular, it conforms to the principles of necessity and efficacy since the proposal is justified in the general interest and pursues a clear goal, the adaptation of the use of masks to the favorable evolution of the current epidemiological situation. In addition, it is in accordance with the principle of proportionality, since it seeks to reduce the scope of the legal obligation to use the mask, being the only instrument provided for by the regulations. It also conforms to the principle of legal certainty by outlining and adapting the cases of mandatory use of the mask to the reality of the pandemic. Regarding the principle of transparency, this rule clearly defines its objectives and the reasons that justify its regulation, based on the indicators indicated in the previous paragraphs. Finally, regarding the principle of efficiency, it is pointed out that this rule does not affect the administrative burdens of citizens.
In accordance with the provisions of section 2 of the seventh final provision of Law 2/2021, of March 29, this regulation is adopted after hearing the Inter-territorial Council of the National Health System, at its meeting on April 6 of 2022.
The competence title by virtue of which this royal decree is issued is the one provided for in article 149.1.16.a of the Spanish Constitution, which attributes to the State the competence in matters of bases and general coordination of health.
By virtue of this, at the proposal of the Minister of Health, and after deliberation by the Council of Ministers at its meeting on April 19, 2022,
Only Article. Modification of the assumptions of mandatory use of masks
during the health crisis situation caused by COVID-19.
The obligation to wear masks, until now regulated in Royal Decree 115/2022, of February 8, which modifies the mandatory use of masks during the health crisis situation caused by COVID-19, provided in the sections 1 and 2 of article 6 of Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19, is hereinafter established in the following terms:
1. People six years of age and older are obliged to use masks in the following cases:
a) In health centres, services and establishments as established in Royal Decree 1277/2003, of October 10, which establishes the general bases for the authorisation of health centres, services and establishments, by workers , visitors and patients with the exception of hospitalised persons when they remain in their room.
b) In social health centres, workers and visitors when they are in shared areas.
c) In air, rail or cable means of transport and in buses, as well as in public passenger transport. In the closed spaces of ships and boats where it is not possible to maintain the distance of 1.5 meters, except in the cabins, when they are shared by groups of cohabitants.
2. The obligation contained in the previous section will not be enforceable in the following cases:
a) To people who present some type of illness or respiratory difficulty that may be aggravated by the use of the mask or who, due to their situation of disability or dependency, do not have the autonomy to remove the mask or present behavioral alterations that make its use unfeasible.
b) In the event that, due to the very nature of the activities, the use of the mask is incompatible, in accordance with the indications of the health authorities.
Unique derogatory provision. Regulatory repeal.
Royal Decree 115/2022, of February 8, which modifies the mandatory use of masks during the health crisis situation caused by COVID-19, is repealed.
First final provision.
This royal decree is issued under the protection of article 149.1.16.a of the Spanish Constitution, which attributes to the State the competence in matters of bases and general coordination of health.
Second final provision. Entry into force.
This royal decree will enter into force on the same day of its publication in the
“State official newsletter”.
Given in Madrid, on April 19, 2022.
Simplification posted by the government and on our FB page/group yesterday.
The Government approves the end of the mandatory nature of masks in interior spaces, in general, as of April 20.
The use of #masks will continue to be mandatory in certain contexts 👇🏼
😷 In health services and establishments, such as hospitals, health centres or pharmacies, for workers and visitors. Also for people admitted when they are out of their rooms.
😷 In socio-health centres, such as nursing homes, for workers and visitors. 🙂 Residents will not have to wear a mask.
😷 In air, rail or cable transport and on buses. Also on all public passenger transport, 🙂 except on platforms and passenger stations.
🙂 In the work environment, in general, the use of masks will not be mandatory. The risk assessment of the job will be what will allow a decision to be made on the appropriate preventive measures to be implemented.
