Coronavirus - Flexibilisation Phase Two

Update from the State Gazette from the 27th of May, valid as of same day.

Updates from the State Gazette published on the 23rd of May, valid as of 25.5.2020

Flexibilisation Phase Two

All those residing or undertaking activities in the areas that have moved to Phase 2 can make use of the flexibilisation of the restrictions. People vulnerable to COVID-19 as well, provided that their clinical condition is controlled and allows it, and maintaining rigorous protection measures.
Not allowed, either to rejoin their job or to go to the premises, establishments, centres, or carry out the activities referred to in this order, are people who present symptoms or are in home isolation due to a diagnosis by COVID-19, or found in a period of home quarantine for having had close contact with any person with symptoms or diagnosed with COVID-19.

Among the main measures established by this order, first of all, a series of measures to guarantee the protection of workers in their job. Working from home remains the preferred way to carry out your work activities, wherever possible. Health & Safety measures the same as in Phase 1, make sure employees have hydroalcoholic gel or soap and water at their disposal at all times, provide protection gear when the minimum safety distance cannot be guaranteed, make arrangements to avoid crowds when entering or exiting premises.

In the social sphere. For wakes: max. 25 people when outdoor, 15 when indoor. Burials or cremation ceremonies: max. of 25 attendants. Places of worship: max. 50 per cent of occupancy. Likewise, wedding celebrations or other social religious ceremonies for a limited number of attendees: 50 per cent of occupancy of either indoor or outdoor facilities, with a maximum of 50 attendants indoor or 100 attendants outdoor.

The timeslots for non-professional individual outdoor sports activities will only remain for the ‘vulnerable group’, so those 70, disabled, needing care etc., so from 10 to 12 and from 19 to 20 hrs. All others can carry them out at any time of the day between 6 and 23 hrs, except during the timeslots mentioned just now. Individual Town Halls can decide to adjust these timeslots, starting them at the most 2 hrs earlier or ending them at the most 2 hrs later, but not extending the total max. duration of each timeslot. No longer limited to exercising individually, you can do individual sports in a group of max. 15 people.  As of 27.5.2020 activities/walks with children plus individual sports activities for those under 70 no longer limited to their respective timeslots nor to one hour one time a day nor to maximum distance from home of 1 km (re walks), but must respect timeslots for over 70. Individual non professional sports activities not limited to your municipality but your province . Info for municipalities of up to 10.000 inhabitants.

People can meet up with friends and family in groups up to 15 people, no limitations if they are all from the same household.

In the field of retail and service provision, shopping centres and shopping parks can reopen to the public,  prohibiting the permanence in common areas or recreational areas (except for bars and restaurants, they have their own set of rules) and limiting the capacity of the commercial establishments located in them at forty per cent, but the total amount of shoppers allowed entrance to the centre or park at 30 per cent.

Health & Safety measures shopping centres and shopping parks
a) The use of family toilets and lactation rooms will be restricted to a single family, not to be used by two family units simultaneously.
b) The use of the toilets and common lactation rooms of the commercial centres/parks must be controlled by their staff, they must proceed to its cleaning and disinfection in accordance with measures in place (link to separate article below).
c) Security personnel will ensure that the two-meter interpersonal minimum distance is respected and will avoid the formation of large groups and agglomerations that may form, paying special attention to areas of escalators and elevators.
d) In the parking area, in addition to the continuous disinfection of the usual contact points and making available hydroalcoholic gel to the client, payment will be encouraged by electronic means without contact.
e) If necessary, fences or equivalent signalling systems will be used for better access control and people management in order to avoid any agglomeration. Preferably, provided that the centre or commercial park has two or more accesses, they can establish a different use for the entrance and the exit, thus reducing the risk of formation of crowds.
f) Systems must be established that allow the count and control of the capacity of so that it is not overcome at any time, and it must include their own workers.

For small shops the limitation of 40 per cent is valid as well, plus what was valid for  Phase 1 is also valid for Phase 2: establish a timeslot for priority service for the vulnerable group, ensure a distance between clients of min. 2 metres and where this is not possible, only one customer at a time allowed inside. Excluded are the ‘necessity’ retailers who have been allowed to remain open all through the State of Alarm.

Health and Safety regulations for retail businesses and people working there, same as Phase 1, for info THIS ARTICLE. For clients, THIS ARTICLE.

The commercial or promotional actions carried out by the commercial establishments must be accompanied by measures intended to ensure that there are no crowds that prevent the maintenance of the safety distance , compliance with capacity limits, or compromise the rest of the measures established in this order, having to adopt the adequate measures to avoid them, including the immediate cessation of the aforementioned commercial or promotional actions if necessary.

The number of stalls that can operate in open-air markets  is limited to a third of the habitual or authorised positions, at the same time limiting the influx of customers. Town Halls decide when they will be held again and they can give preference to stalls selling fresh produce and have the choice to expand the surface the markets occupy etc. to make sure the social distance of two meters is ensured.

Educational administrations may provide for the flexibility of containment measures and the resumption of face-to-face activities in the non-university educational field and training. Likewise, the educational administrations may decide to maintain the educational activities through distance and online modalities, whenever possible, and even if this was not the educational modality established as a specific form of teaching in the centres.

Educational and training centres not provided for in the previous article, such as driving schools or academies, may provide for the resumption of their face-to-face activity, provided that it does not exceed a third of its capacity. Likewise, they should prioritize, whenever possible, the training modalities to distance and “online”.
The same as for restaurants, making available hand disinfectants on entry of the facilities, is valid for educational centres.
In the case of practical driving classes, the use of masks in the practice vehicle, both by the teacher and by
the student is mandatory.
Likewise, the training vehicle must be cleaned and disinfected before and after use by each student, paying special attention to the elements in common use and control of the vehicle, as well as carrying out its ventilation after use.
With respect to the bar and restaurant activities, the reopening to the public of these establishments for consumption on the premises, except for nightclub bars and nightlife bars, as long as they do not exceed forty
per cent of their capacity and the measures established in this order are complied with. Consumption within the premises can only be done sitting at the table, or table groupings, and preferably by prior reservation. In no case is self-service at the bar by the customer allowed. Customers are allowed to enter the premises to order takeaway food and drinks.
Free-service products may be offered, whether fresh or made with anticipation, for disposition of the clients whenever it is assisted with screen protection, through individual plating and/or single-dose properly preserved from contact with the environment.
The provision of the service in the outdoor terraces of the establishments of hospitality and catering will be carried out in accordance with the provisions for Phase One. Autonomous Governments can vary both the occupancy indoors as on terraces between 30 and 50 percent. 
The maintenance of the proper physical distance of two meters must be ensured between the tables or, where appropriate, groupings of tables. The table or group of tables that are used for this purpose, must be according to the number of people, respecting the minimum interpersonal safety distance. When in accordance with the provisions of this order the use of the toilets is allowed by clients, visitors or users, its maximum occupation will be one person, except in those cases of people who may require assistance, in which case use by their companion will also be allowed. Cleaning should be reinforced and disinfection of said toilets, always guaranteeing a state of sanitation and hygiene of the same.
Health & Safety regulations bars and restaurants as in Phase One. Information in THIS ARTICLE.

The autonomous communities may allow visits by a relative to supervised homes and residential centres for people with disabilities, provided that in these residences there are no confirmed cases of COVID-19 or any of the residents are in quarantine period and compliance with established hygiene and prevention measures is guaranteed.

The applicable measures in science and innovation are also established relating to the restart of the activity of the research staff residences, scientific and technical, as well as those related to the allowed capacity.

The public areas of the hotels and tourist accommodation may be reopened to the public, provided that they do not exceed a third of their capacity. Bars or restaurants in these areas must comply with the regulations stated above.
Each establishment must determine the capacity of the different communal spaces as well as those places where events can be held and the safer conditions for its realization according to the maximum capacity provided in the
previous article and in accordance with hygiene, protection and minimum distance measures marked.
Those closed spaces where events, animation activities take place, or gyms, must be ventilated two hours before use.
Animation activities or group classes must be designed and planned with a maximum capacity of twenty people and respecting the minimum distance of security between people and between them and the entertainer or coach. Otherwise, they should use masks. Animation activities or group classes will preferably take place outdoors and the exchange of objects will be avoided.
The corresponding disinfection of objects and material used in the animation activities will take place after each use and hydro alcoholic gel or disinfectants with virucidal activity will be available, as well as surface disinfectant.
In the case of sports facilities, hygiene measures and prevention provided for in articles 42 and 43 of this order and in article 41 of the Order SND / 399/2020, of May 9.
Likewise, for swimming pools and spas, the establishment will determine the guidelines and recommendations for its use, in accordance with the rules of prevention and hygiene established by the health authorities, and the provisions of Chapter X in this order (see THIS ARTICLE).

Cinemas, theatres, auditoriums and other similar establishments for cultural performances may re-open, at a third of their capacity, and provided they have numbered seats. If they don’t they have to meet the following stipulations.
a) If it is held indoors, it cannot exceed one third of the authorized capacity, or gather more than fifty people.
b) In the case of outdoor activities, the public must remain seated, keeping the necessary distance and may not exceed a third of the authorized capacity, nor gather more than four hundred people.
However, the provisions of the preceding paragraph, in territorial units referred to in section 13 of the annex (Murcia), may not exceed one third of the authorised capacity nor gather more than a hundred people. In any case, in the resumption of the activity the conditions established in this Order must be observed.
The provision of complementary services is allowed, such as a store, cafeteria or similar, which will comply with the rules that this order establishes for said activities. No cloakroom or left luggage service will be provided.

The computers in public libraries may now be used by the public and have to be cleaned after each use. But the zones for children and free access to the collections will remain closed to the public.

The guidelines and recommendations for the resumption of the activity of exhibitions (at 30 percent occupancy), galleries, and centres with public visits will be given, where there are cultural assets publicly displayed, with the presence of public service personnel in the room, as well as security and cleaning personnel, and where assembly and disassembly of exhibitions involving the transfer and manipulation of cultural assets take place.
Those responsible for the facilities will avoid holding opening celebrations of exhibitions that may represent an agglomeration of people in a closed space. Likewise, the necessary measures will be adopted to avoid crowds
during visits and attention to the public or the development of their activity.
Cloakroom and left luggage services cannot be provided.
The use of exposed elements designed for tactile use by the visitor will be disabled. Audio guides, brochures or other similar material will also not be available to visitors.

The conditions under which monuments and other cultural facilities can reopen to the public are indicated. At 30 per cent occupancy and limited to visits, no other cultural activities may take place there.
Those responsible for the buildings will only allow individual visits or from cohabiting people, avoiding parallel or complementary activities to the visit itself.
Cloakroom and left luggage services cannot be provided, managers are allowed to reserve the right of admission when visitors carry objects such as bags, backpacks or similar that pose a danger to the safety of people or property guarded. The use of exposed elements designed for tactile use by the visitor will be disabled. Audio guides, brochures or other similar material will also not be available to visitors.
When the characteristics of the property imply that the restriction of the capacity to a third does not allow compliance with the recommended distance, the application of the interpersonal safety distance as a criterion to determine the maximum permitted capacity will prevail.

In the field of sport, criteria and conditions for the resumption of professional leagues and for reopening of covered sports facilities and swimming pools for sports use, requiring prior appointment and establishment of hourly shifts in order to avoid crowds, as well as compliance with the necessary hygiene and protection measures. Similar to those established for Phase One, with the addition of swimming pools.

The conditions for opening recreational pools and beaches to the public are also established, providing the necessary measures to ensure that both facilities such as the water in the pool are free of pathogenic microorganisms and substances that may adversely affect the health of the user. Further info in THIS ARTICLE.  And in THIS GUIDE from the Ministry. Please note that autonomous associations of Administrators of Communities may decide against opening community pools, for cost-prohibitive reasons or impossibility to comply with the regulations to do so.
In continental waters, such as agricultural deposits, backwaters and freshwater channels with low flow, bathing and recreational uses are not recommended for this 2020 season.

Groups that can carry out active and nature tourism activities are expanded to twenty people and congresses, business meetings and conferences are allowed without exceeding fifty attendees and always provided that the required physical distance of two meters is respected. Natural parks are allowed to re-open at 20% occupancy ‘Telefericos ‘/cable cars can re-open at max. 50% occupancy.

Hunting activity is permitted in all its forms, provided that the safety distance and hygiene and prevention measures as set by the health authorities are respected
For the development of organized hunting activity involving more than one hunter, an action plan must be available from the person in charge that details the prevention and hygiene measures to observe.

The practice of sport and recreational fishing is allowed in all its modalities provided COVID-19 health and safety measures are adhered to.

Order SND / 388/2020, of May 3, which establishes the conditions for opening certain shops and services to the public, and the opening of archives, as well as for the practice of professional and federated sport, in order to relax certain restrictions to those territorial units that remain in phase 0. As of the 18th of May the following from Phase 1 is also valid for Phase 0. Retail businesses and service providers with premises up to 400 m2 can open without prior appointment, town halls can change the timeslots for individual outdoor activity,  the health & safety regulations with regards to preference of working from home and face-to-face in shops apply. The attendance amplification for wakes and funerals and places of worship, the regulations for Social Services, for education centres, the re-opening of science/tech installations, libraries and museums. And finally, the prohibition for businesses to engage in promotional activities that can cause agglomerations in or around the premises.

Finally, Order SND / 399/2020, of May 9, is modified for flexibility of certain national restrictions, established after the declaration of the alarm status in application of Phase 1 of the Plan for the transition to a new normality, to allow, among other aspects, hunting and sport and recreational fishing.

Likewise, in relation to retail and commercial establishments and premises of assimilated services, if their surface exceeds the max. 400 m2 established for Phase 1, but they can limit the space that is re-opened to the public to this threshold and they have direct access from the outside, then they are allowed to open. When necessary, these establishments may set up a waiting area inside the premises, in addition to the authorized 400 square meters, guaranteeing the compliance with other security and hygiene measures.
The reasoning behind not allowing to open fully: difficult to guarantee compliance with safety measures, agglomeration of customers at entrances and exits. It will cause more displacements, by public and private transport, thus causing additional risks there as well, plus the time people spend in a shopping centre tends to be longer and is supposed to be minimised in these phases of the de-escalation as longer exposure time to the virus could have a negative effect on both the individuals and the community.

Summary in Spanish from the Moncloa website.

Note 1: the opening of communal areas in hotels and tourist accommodations is not yet allowed in the following provinces of Castilla La Mancha: Guadalajara, Cuenca, Toledo, Albacete and Cuidad Real.

Note 2: the resuming of Professional Sport Leagues, the opening of covered sports facilities, the stipulations in this order with regards to Culture, Sport, Pools/Beaches and Active or Nature Tourism are not yet allowed in Pais Vasco and the historical territories of Araba/Ávala, Bizkaia and Gipuzkoa.

Disclaimer, this summary contains information on subjects we think are of interest to our members and doesn’t claim to be exhaustive or complete.


Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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