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Update. The exemption for UK has been removed.
Those travelling from the UK will be exempt as not on the high risk countries list. No change on the Government Requirements for Entry site,
Royal Decree-Law 8/2021, of May 4, which adopts urgent measures in the health, social and jurisdictional order, to be applied after the end of the validity of the state of alarm declared by Royal Decree 926/2020 , of October 25, which declares the state of alarm to contain the spread of infections caused by SARS-CoV-2, contemplates in its first article that the Ministry of Health will determine the necessary sanitary controls to which they must undergo the passengers arriving in Spain and the scope of said controls, being responsible for their execution, without prejudice to the border control measures that, in accordance with European Union law, may be adopted.
Since the beginning of the implementation of these health controls for passengers arriving in Spain, regulated through the Resolutions of the General Directorate of Public Health, of June 29, November 11 and December 9, 2020, the epidemiological situation Regarding the COVID-19 pandemic, it has been changing, not only in our country but also globally, with a heterogeneous evolution in the different countries. On the other hand, the Recommendations that affect the external borders within the framework of the European Union have been reviewed and updated, through Council Recommendation (EU) 2020/912 of June 30, 2020, on the temporary restriction of non-essential travel to the EU and the possible lifting of said restriction and the Council Recommendation (EU) 2020/1475 of 13 October 2020 on a coordinated approach to restricting free circulation in response to the COVID-19 pandemic, which affects internal borders. On the other hand, within the regulatory framework of the European Union, the framework for the issuance, verification and acceptance of interoperable certificates of vaccination, diagnostic tests and recovery is being developed to facilitate free movement between member states during the COVID-19 pandemic. , by introducing the EU Digital COVID Certificate.
The development of different vaccines against SARS-CoV-2, the implementation of vaccination programs mainly in neighbouring countries, the improvement of different diagnostic techniques, basically in relation to rapid antigen detection tests, and Greater knowledge of the disease, together with the need to facilitate international human trafficking, mainly between the countries of the European Union, under conditions of sanitary security, allows the adoption of surveillance and control measures in addition to those that are are using so far.
On the other hand, the appearance of the variants of special concern of SARS-CoV-2 has represented a new challenge in the prevention of the transmission of the virus due to its possible association with an increase in transmissibility, virulence and modification of the capacity of response to vaccines, which has led to extraordinary measures to limit their spread. At first, by limiting the arrivals of means of transport from countries with community transmission of these variants and, later, with the implementation of mandatory quarantine for passengers from countries of special risk, mainly those with a high documented transmission of variants. . If necessary, measures of this type will continue to be implemented, in what has been called the application of the emergency brake.
All these situations imply the need to review and update the health surveillance and control mechanisms that countries have been implementing at their points of entry to control the importation of cases from passengers from countries at risk.
Hence, the European Commission has promoted a proposal for a Union Regulation on a framework for the issuance, verification and acceptance of interoperable digital certificates of vaccination, diagnostic tests and recovery to facilitate free movement during the COVID-pandemic. 19. Its objective is to regulate the issuance, verification and acceptance of these certificates, generically called the EU COVID Digital Certificate, in order to facilitate free movement within the EU during the COVID-19 pandemic.
The measures taken to monitor and control the spread of COVID-19 arising from international movements of people are based on specific public interest reasons and limited for reasons of public health protection. These measures must be applied in compliance with the general principles of Union law, in particular proportionality and non-discrimination and respect for the free movement of persons within the territory of the EU. Whose specifications may be extended, with their corresponding modifications, to the certification of vaccination, diagnostic tests and recovery of passengers from third countries.
In this sense, the health control of passengers coming from abroad must be carried out in an agile way, creating the least possible interference in the dynamics of activity of the international terminals of ports and airports, but guaranteeing and maintaining the security levels that are precise, especially for those passengers coming from countries or areas of risk or where there is documented transmission of variants of special concern for public health.
To do this, maintaining that all passengers who arrive in Spain by air or sea, including those who come in transit to other countries, must complete a health control form before departure through the website www.spth. gob.es or the Spain Travel Health –SpTH– application. It has been necessary to modify said information system in such a way that it has been necessary to adapt the health control form, to facilitate the location of those passengers on whom there are to apply traceability measures; as well as the inclusion in the control procedure of the vaccination certification, diagnostic test and recovery that passengers from countries or risk areas may present. Likewise, the verification of the EU COVID Digital Certificates issued within the framework of the European Union regulation has been enabled. In this case, the verification will be carried out prior to the trip, during the process of filling in the health control form through SpTh. This prior verification will make it possible to improve the management of passenger flows on arrival through the implementation of rapid channels in the health control processes called FAST CONTROL, assuming a substantial improvement in the management of the health controls that passengers must undergo. upon arrival in Spain. In the case of land borders, all persons over six years of age, from countries or risk areas who arrive in Spain by land, must have one of the certifications contemplated in this resolution.
Royal Decree-Law 8/2021, of May 4, establishes that travel agencies, tour operators and air or sea transport companies and any other agent that markets air or sea tickets sold separately or as part of a combined trip They must inform passengers, at the beginning of the ticket sales process for Spain, of all health control measures and the consequences of non-compliance. In particular, they will inform of the obligation to present the QR code generated by Spain Travel Health before boarding and of the consequences of non-compliance or falsification, this being a key aspect for the proper functioning of the health controls on arrival. Hence the own Royal Decree-law also establishes that said operators will provide the necessary support to passengers who do not have electronic means to fill in the health control form.
On the other hand, and as regards AENA SME, SA as manager of the network of airports of general interest and the Port Authorities, as managers of the ports of general interest, the provisions of the first and additional provisions respectively second of Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19.
It should also be noted the recent reestablishment of international cruise activity, suspended since
March 13, 2020 through Order PCM / 216/2020, of March 12, which publishes the Agreement of the Council of Ministers of 12 March 2020, establishing exceptional measures to limit the spread and contagion of COVID-19, by prohibiting the entry of passenger ships from the Italian Republic and cruise ships of any origin bound for Spanish ports , and subsequently extended through the Resolution of June 23, 2020, of the General Directorate of the Merchant Marine, which establishes restrictive measures for cruise-type passenger ships, to face the health crisis caused by COVID- 19.
Bearing in mind the special characteristics of the movement of passengers linked to international
cruise-type passenger ships and whose activity has been restored through the Resolution of May 27, 2021, of the General Directorate of the Merchant Marine, by which measures are adopted for cruise-type passenger ships and the Resolution of June 23, 2020, which establishes restrictive measures for cruise-type passenger ships, to face the health crisis caused by COVID-19, the The dynamics of sanitary control have to be adapted to their specificity, hence these passengers instead of filling in the sanitary control form established in SpTh, have to use the EU Digital Passenger Locator Form (dPLF) application, developed by the Joint Action of the European Union Preparedness and Response at Entry Points HEALTHY GATEWAYS. All this regardless of whether cruise-type passenger ships that make international trips and navigate the waters of the territorial sea in order to enter Spanish ports open to international navigation, must comply with the conditions set out in the document «Sanitary Measures for the reestablishment of international cruises »prepared by the Ministry of Health
As is contemplated in article 52 of Law 33/2011, of October 4, General Public Health, the health authority may request the support, assistance and collaboration of other administrative bodies, public officials or other institutions, and may even require , in case of strict and urgent need and for better compliance with current legislation, the assistance of the State Security Forces and Bodies or other agents of the authority that are entrusted with security functions.
From the competence point of view, it should be noted that, in accordance with the provisions of article 149.1.16.a of the Spanish Constitution, the State has exclusive competence in foreign health matters.
For its part, article 52.1 of Law 33/2011, of October 4, General of Public Health, provides that, within the framework of their respective functions, the heads of the superior bodies and directive bodies with responsibilities in public health of the The Ministry of Health with a rank equal to or higher than that of Director General, is considered a state health authority. Likewise, in accordance with the provisions of section 2 of the aforementioned article 52, the state health authority, in accordance with its powers, has powers to act in public or private activities to protect the health of the population.
By virtue of it and under the provisions of the first article of Royal Decree-Law 8/2021, of May 4, and the provisions of article 52 of Law 33/2011, of October 4, I resolve:
First. Sanitary control form.
All passengers arriving in Spain by air or sea, including those who come in transit to other countries, must complete a health control form before departure through the website www.spth.gob.es or from the application Spain Travel Health –SpTH– (hereinafter SpTH), available on Android and iOS. The information contained in said form is included in Annex I of this resolution.
After completing the health control form, SpTH will generate an individualised QR code that the traveler must present to the transport companies before boarding, as well as at the health controls at the point of entry into Spain.
Second. Sanitary controls.
All passengers arriving in Spain as their final destination must undergo a health check on arrival at the first point of entry. Said control will include, at least, the temperature measurement, a documentary control and a visual control on the state of the passenger.
As a general rule, passengers who arrive in Spain in transit to another country, will be exempt from carrying out the health control in the process of changing the means of international transport in the same port or airport area. However, when the flow of these passengers at the airport goes through a health control, it can be verified that they have the specific QR for passengers in transit generated by SpTH with the name TRANSIT.
Third. Temperature control.
Passengers arriving in Spain must undergo a temperature control, which will be carried out routinely in order to identify travelers with a fever. A temperature equal to or greater than 37.5 ° C is established as the detection limit.
The temperature should be taken using non-contact thermometers or thermal imaging cameras. Personal data and images captured by thermal imaging cameras will not be stored, and the passenger’s privacy must be guaranteed at all times.
Fourth Documentary control.
The documentary control will be carried out in accordance with the information provided by the passengers as a responsible declaration in the health control form through SpTH, from which the necessary actions may be derived, if applicable, and that are described later. .
In case of coming from a country or risk zone, the passenger must provide the information and documentation that proves compliance with the entry requirements contemplated in the fifth section.
Fifth. Risk countries and entry requirements. Certifications.
Passengers from countries or areas at risk, considered as such based on the assessment of their epidemiological situation at all times, will be required to certify one of the following health requirements:
Certificate confirming that the holder has received a vaccine against COVID-19 (vaccination certificate).
Certificate that indicates the result of a Diagnostic Test for Active COVID-19 Infection that the holder has performed (diagnostic certificate.
Certificate confirming that the holder has recovered from COVID-19 (recovery certificate). The list of countries or risk zones, as well as the inclusion criteria in it, is published on the website of the Ministry of Health: https: // www.mscbs.gob.es/ and on the SpTH website: https : //www.spth.gob.es. As a general rule, the lists will be reviewed every seven days.The certificates must be written in Spanish, English, French or German. If it is not possible to obtain it in these languages, the supporting document must be accompanied by a translation into Spanish made by an official body.At the time of filling in the health control form through SpTH, passengers who do not provide an EU COVID Digital Certificate, contemplated in the ninth section of this resolution, must enter the data of the certificate contemplated in the sixth sections, seventh and eighth. After the correct validation of the information, SpTH will generate a QR code with the name DOCUMENTAL CONTROL.
As a prerequisite for boarding, passengers must show the staff of the transport company the QR code generated by SpTH and, if it is identified as DOCUMENTARY CONTROL, the certificate they are in possession of. The companies will limit themselves to verifying that the traveler presents said certificate, verifying that it corresponds to their identity, without in any case being able to access the health information contained therein. The presentation of the certificate may also be required in the health control upon arrival in Spain.
Passengers from countries or areas not included in the list of risk countries will not be required to certify the health requirements. However, they must complete the health control form through SpTH and obtain a QR code with the name FAST CONTROL, which will allow the health control processes on arrival to be carried out in a more agile way.
Sixth. Vaccination certificate.
Vaccination certificates issued by the competent authorities of the country of origin will be accepted as valid from 14 days after the date of administration of the last dose of the complete vaccination regimen. The accepted vaccines will be those authorised by the European Medicines Agency or those that have completed the emergency use process of the World Health Organisation.
The vaccination certificate must include, at least, the following information:
1. Name and surname of the owner.
2. Date of vaccination, indicating the date of the last dose administered.
3. Type of vaccine administered.
4. Number of doses administered / complete regimen.
5. Issuing country.
6. Identification of the issuing body of the vaccination certificate.
Seventh. Diagnostic Certificate.
Certificates of diagnostic test of active COVID-19 infection with a negative result issued in the forty-eight hours prior to arrival in Spain will be accepted as valid.
The diagnostic tests of infection for SARS-CoV-2 admitted will be the following:
1. Molecular nucleic acid amplification tests (NAAT), used to detect the presence of SARS-CoV-2 ribonucleic acid (RNA);
2. The antigen detection tests included in the common list of rapid antigen detection tests for COVID-19, published by the European Commission based on Council Recommendation 2021 / C 24/01.
The diagnostic test certificate must include, at least, the following information:
1. Name and surname of the owner.
2. Date of sample collection.
3. Type of test performed.
4. Issuing country.
Eighth. Recovery certificate.
Recovery certificates issued by the competent authority or by a medical service at least 11 days after the first NAAT diagnostic test with a positive result will be accepted as valid. The validity of the certificate will end 180 days from the date the sample is taken.
The recovery certificate must include, at least, the following information:
1. Name and surname of the owner.
2. Date of sampling of the first positive diagnostic test for SARS-CoV-2. 3. Type of NAAT test performed.
4. Issuing country.
Ninth. EU Digital COVID Certificate.
When the European regulation on the framework for the issuance, verification and acceptance of interoperable vaccination, test and recovery certificates comes into force to facilitate free movement during the COVID-19 pandemic, to passengers coming from countries or areas of risk who use an EU Digital COVID Certificate, in any of its modalities: vaccination, diagnosis or recovery, they will be generated, in the process of filling in the health control form, after its automated validation by SpTH, a QR code with the name FAST CONTROL, which will allow that it is not necessary to show the EU Digital COVID Certificate in the boarding process or in the health control on arrival.
To do this, when the European regulation of the EU Digital COVID Certificate is in full force, travellers who present a certificate issued by a Member State of the Union will use the EU Digital COVID Certificate.
Tenth. Passengers on international cruises.
Cruise-type passenger ships that make international voyages and navigate the waters of the territorial sea in order to enter Spanish ports open to international navigation, must comply with the conditions set out in the document “Sanitary measures for the reestablishment of cruise ships internationals »prepared by the Ministry of Health and available on its website (https: // www.mscbs.gob.es/).
The collection of passenger information on cruise-type passenger ships will be carried out through the EU Digital Passenger Locator Form (dPLF) application developed by the Joint Action of the European Union Preparation and Response in HEALTHY GATEWAYS Entry Points, available through the following link https://www.healthygateways.eu/, so these passengers should not use the health control form through SpTH.
Eleventh. Exceptions
The crews of the international means of transport necessary to carry out the transport tasks are excluded from the scope of this Resolution.
Passengers under six years of age are exempt from presenting the certifications contemplated in the fifth section. However, they must be in possession of the QR code obtained after completing the health control form through SpTH.
Without prejudice to the application of the provisions of section thirteen of this Resolution, seafarers and crews of international transportation means arriving in Spain as passengers, when they are returning from their campaign on board a ship, in return trip to their base of operations or in transit to embark or disembark in others, they are exempt from the presentation of the certifications regulated in the fifth section of this Resolution, provided that they justify their condition as a crew member and the impossibility of obtaining the cited certifications.
HEALTHY GATEWAYS Entry Points, available through the following link https://www.healthygateways.eu/, so these passengers should not use the health control form through SpTH.
Twelfth. Collaboration of airport and port managers and obligations of airlines and shipping companies.
The port and airport managers and the airlines and shipping companies will collaborate with the Ministry of Health for the implementation of the measures provided for in this resolution, in accordance with the provisions of the first article of Royal Decree-Law 8/2021, of May 4 , by which urgent measures are adopted in the health, social and jurisdictional order, to be applied after the end of the validity of the state of alarm declared by Royal Decree 926/2020, of October 25, by which the state is declared alarm to contain the spread of infections caused by SARS-CoV-2.
Travel agencies, tour operators and transport companies, as well as any other agent that sells tickets individually or as part of a combined trip must inform passengers, at the beginning of the ticket sales process for Spain, of all sanitary control measures and the consequences of their non-compliance or falsification, as established in the sixteenth section. Likewise, they will provide the necessary support to passengers who need it to complete the health control form through SpTH.
Transport companies must guarantee that all passengers who board for Spain have, in digital or paper format, the individualised QR code generated by SpTH, and those who do not present it must be prevented from boarding.
Boarding will also be denied to those passengers who, being in possession of a QR code issued by SpTH with the name of DOCUMENTAL CONTROL, who do not provide documentary proof of a vaccination, diagnosis or recovery certification.
Thirteenth. Passengers suspected of COVID-19.
If a passenger suspected of suffering from COVID-19 or another pathology that may pose a risk to public health is detected in the process of health control carried out upon arrival, a medical evaluation will be carried out in which the epidemiological and epidemiological aspects will be assessed. passenger clinics. In the process of medical evaluation, a diagnostic test for active infection may be performed.
A diagnostic test may also be carried out on those passengers who come from a risk country.
Exceptionally, certain passengers may be required to carry out a diagnostic test for active infection for COVID-19 within 48 hours of arrival, the result of which must be communicated to the Foreign Health Services by the means indicated. for this purpose.
If after this assessment the suspicion that the passenger suffers from COVID-19 or another pathology that may pose a risk to public health is confirmed or maintained, the established communication protocols with the health services of the autonomous communities will be activated for their referral and tracing.
Passengers on whom it is determined that there are suspicions that they could suffer from COVID-19 or another transmissible pathology must undergo a health evaluation, which will include an assessment of their clinical and epidemiological status.
Fourteenth. Land borders.
All persons aged six years or over, from countries or risk areas who arrive in Spain by land, must have one of the certifications contemplated in the fifth section.
The following are exempted from this requirement:
a) Land transport professionals in the exercise of their professional activity.
b) Cross-border workers.
c) Residents in border areas, within a radius of 30 km around their place of residence.
Fifteenth. Infringements and sanctions.
In the event of non-compliance with the provisions of this resolution, the regime contemplated in Title VI of Law 33/2011, of October 4, General of Public Health, will apply, referring to infractions and sanctions.
In accordance with the provisions of Order INT / 657/2020, of July 17, which modifies the criteria for the application of a temporary restriction of non-essential travel from third countries to the European Union and Schengen associated countries for reasons of public order and public health due to the health crisis caused by COVID-19, any third-country national who, after verification by the health authorities, does not meet the requirements of health control for COVID-19 established by the Ministry of Health.
Sixteenth. Personal data protection.
In any case, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of their personal data and the free circulation of these data and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.
Seventeenth. Effectiveness.
This resolution will take effect as of June 7 and until the Government declares the end of the health crisis situation caused by COVID-19, in accordance with the provisions of article 2.3 of Law 2/2021, of 29 March, of urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19.
This resolution will render without effect the Resolution of November 11, 2020, of the General Directorate of Public Health, relative to the health controls to be carried out at the points of entry in Spain and the Resolution of December 9, 2020, of the Directorate General of Public Health, which specifies the modalities of Active Infection Diagnostic Tests for SARS-CoV-2 in relation to the health controls to be carried out at points of entry into Spain. However, during the three days following its entry into force, QR codes issued by SpTH based on these Resolutions will continue to be accepted. Likewise, exceptionally, for a period of one month, if the transport company justifies the impossibility of facilitating the completion of the health control form to its passengers, they may use the health control form in paper format contemplated in said resolution .
Eighteenth. Resources.
This resolution, which does not put an end to administrative proceedings, may be appealed before the Secretary of State for Health, within a period of one month from the day following its publication in the Official State Gazette, of in accordance with the provisions of articles 121 and 122 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
Madrid, June 4, 2021. – The General Director of Public Health, Pilar Aparicio Azcárraga.
