General Info / Law

Order declaring the suspension of the opening to the public of tourist accommodation establishments in Spain

I. GENERAL PROVISIONS
DEPARTMENT OF HEALTH

Important notice: This translation it’s only for informative uses. The only biding version it’s the Spanish one published in the BOE. READ IT HERE


Order SND/257/2020, of 19 March, declaring the suspension of the opening to the public of tourist accommodation establishments, in accordance with article 10.6 of Royal Decree 463/2020, of 14 March, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.

Royal Decree 463/2020, of 14 March, declaring the state of alert for the management of the health crisis situation caused by COVID-19, published in the “Official State Gazette” on 14 March 2020, provides for a series of measures aimed at protecting the health and safety of citizens, containing the progression of the disease and strengthening the public health system.
Article 10 of the aforementioned Royal Decree includes containment measures in the field of commercial activity, cultural facilities, recreational establishments and activities, hotel and restaurant activities, and other additional measures, i.e. it provides for the closure of certain establishments that are specifically listed, but without the intention of being exhaustive or establishing a numerus clausus for them.
Thus, in paragraph 6 of the aforementioned Article, the Minister of Health is empowered to modify, extend or restrict the measures, places, establishments and activities listed in the previous paragraphs, for justified public health reasons, and may therefore extend this suspension to those other cases that are considered necessary.
The concentration of people in tourist accommodations, which must share certain common spaces, implies an increased risk of contagion. Therefore, given the situation of restricted mobility of people, it is necessary, in order to guarantee the containment of the pandemic, to proceed to suspend the opening of these establishments to the public in line with the provisions of Article 10.4 of Royal Decree 463/2020.
In accordance with the above, the Minister of Health, as the delegated competent authority, under Article 4(2) and (3) and Article 10(6) of Royal Decree 463/2020, of 14 March, I hereby rule


First. Suspension of the opening to the public of tourist accommodation establishments.


To establish the suspension of the opening to the public of all hotels and similar accommodation, tourist accommodation and other short-stay accommodation, campsites, caravan parks and other similar establishments, located in any part of the national territory.
Exceptionally, the provision of surveillance, security and maintenance services in these establishments is permitted.


Second. Long-stay and seasonal tourist accommodation establishments.


The opening to the public of those tourist establishments foreseen in the first section of this order that house clients who, at the time of the declaration of the state of alarm, are lodged in a stable and seasonal way is permitted, as long as their occupants have the infrastructures, in their own living spaces, to be able to carry out the activities of first necessity in the terms that the Royal Decree 463/2020, of 14 March, by which the state of alarm is declared for the management of the sanitary crisis situation
Order SND/257/2020, of 19 March, declaring the suspension of the opening to the public of tourist accommodation establishments, in accordance with article 10.6 of Royal Decree 463/2020, of 14 March, declaring the state of alarm for the management of the health crisis situation caused by COVID-19.
However, these establishments may not admit new customers until the suspension provided for in the previous section has ended.


Third. Closure process.


The closure referred to in the first section will take place when the establishment has no customers to serve and, in any case, within a maximum period of seven calendar days from the entry into force of this regulation.


Fourth. Development and execution.


The competent authorities of each autonomous community shall issue the resolutions, provisions and instructions that, in the specific sphere of their action, are necessary to guarantee the effectiveness of the provisions of this order.


First Final Provision. Empowerment of the Minister of Health.


In accordance with the provisions of article 4.3 of Royal Decree 463/2020, of 14 March, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, any orders, resolutions, provisions and instructions necessary for the application of this measure will be issued.
Second final provision. Entry into force.
This order will enter into force on the same day as its publication in the “Official Gazette of the
Status.”


Third final provision. Validity.


This order shall be applicable from its publication in the “Official State Gazette” until the end of the declaration of the period of the state of alarm or extensions thereof.


Madrid, 19 March 2020 – The Minister of Health, Salvador Illa Roca.

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