OFFICIAL SPANISH STATE BULLETIN No 136 Friday May 15TH 2020
MINISTRY OF TRANSPORT, MOBILITY AND THE URBAN AGENDA
5054 Order TMA / 410/2020, of May 14, which limits entry into force
Spain to aircraft and passenger ships passing through
Designated entrance with the capacity to respond to health emergencies
of international importance.
Based on the evolution of the COVID-19 coronavirus epidemic situation and
on the recommendation of the Emergency Committee of the International Health Regulations
(2005), January 30, 2020, the director general of the World Organization for
Health declared the epidemic of the new coronavirus COVID-19 as a health emergency
Public of International Importance (ESPII), since its international distribution
it poses a risk to the public health of countries and requires a coordinated international response. This situation was extended at the third meeting of the Emergency Committee held on April 30, 2020.
In its statement, the Emergency Committee urged countries to prepare to contain the disease by taking firm measures to quickly detect the disease, isolate and treat cases, track contacts and promote measures of social distancing. compatible with the risk.
The main objective when declaring an ESPII is to guarantee health security by applying the International Health Regulations (IHR), the aim and scope of which is to prevent the international spread of diseases, to protect against this spread, to monitor it and provide a proportionate and limited public health response. risks to public health, while avoiding unnecessary interference with international trade and traffic.
In this context, due to the rapid development of the public health emergency caused by COVID-19, at the national and international levels, the Government, in accordance with the provisions of article 4, sections b) and d ), organic law 4/1981, of June 1, relating to states of alert, emergency and siege, declared the state of alert throughout the national territory to deal with the health crisis, by royal decree 463/2020, of March 14, and which, for the moment, has been extended four times, the last by royal decree 514/2020, of May 8, until midnight on May 24, 2020 , in the terms expressed in said rule. The declaration of the alarm state enabled the adoption of measures which progressively achieved the objective of reducing the transmission of the disease and minimizing the risk of collapse in the intensive care units of hospitals, according to the data provided by the National Network for Epidemiological Surveillance. In fact, eight weeks after the declaration of the alarm state, our country has begun the transition to a new normal. In accordance with the provisions of article 3 of Royal Decree 514/2020 of May 8, in application of the plan to de-escalate the extraordinary measures adopted to deal with the COVID-19 pandemic, approved by the Council of Ministers at its meeting on 28 April 2020, the Minister of Health, on a proposal, if necessary, from the autonomous communities and the cities of Ceuta and Melilla, and taking into account changes in health, epidemiological, social, economic and mobility conditions, may agree, in within the framework of its competence, the progression of the measures applicable in a certain territorial area, without prejudice to the authorizations granted to the rest of the competent delegated authorities.
In this sense, the accountability of the Minister of Health and other authorities competent delegates, refers to de-escalation measures in all areas of activity concerned by the restrictions established in the declaration of the State of the alarm and its successive extensions, as well as in the provisions which modify it, apply and develop.
This plan, called the Transition to a New Normal Plan (below, PTNN), establishes the main parameters and instruments for adapting society as a whole to the new normal, with the maximum guarantees of health security and the gradual restoration of social and economic protection levels before the start of this crisis. To this end, it provides for a gradual, asymmetrical de-escalation process, coordinated with the autonomous communities and adaptable to the necessary changes in orientation depending on the evolution of epidemiological data and the impact of the measures adopted.
In terms of mobility, the PTNN recognizes that it is essential for social life and the development of economic activity, but, in their turn and at the same time, It can facilitate contagion by moving the virus between different territories. Consequently The measures to be implemented in the event of de-escalation must be based on the principle of progressiveness and adaptability, and can be classified into three categories: those that we can call “supply management”; those which can be included in “demand management”; and finally, “risk mitigation measures when it is not possible to keep social distance”, which are sanitary measures of self-protection.
The complexity of the system, the diversity of actors and fields directly and indirectly involved in the management of mobility and the different modes of transport, as well as the unpredictable and dynamic nature of the evolution of the health crisis situation, advise to propose a cautious and progressive approach to the flexibility of the measures taken to date.
Consequently, it is necessary to take into account the need to continue to minimize the risk which represents the epidemic for the health of the population and the prevention of the capacities of the national health system may overflow. In this scenario, it becomes accurate to build capacity in areas such as epidemiological surveillance and identification and containment of sources of contagion, since the data of people still hospitalized and screened, although less frequently for new cases, advise to maintain containment measures.
The World Health Organization, dated April 16, 2020, has defined the principles to be considered when considering the lifting of the lack of confidence. Among the aforementioned principles, they deserve special attention for their relationship in the field of mobility and transport, the management of import and export risks cases beyond our borders, for which it recommends the implementation measures to control and isolate people infected or coming from risk areas.
For its part, the European Commission presented on 13 May a set of guidelines and recommendations to help Member States to progressively reduce transport restrictions. The Commission’s guidelines aim to offer European citizens the possibility of traveling as soon as the health situation allows, by adopting specific measures instead of general prohibitions, but also health protection. In this objective, taking into account the criteria expressed by the World Health Organization, as well as the recommendations of the Commission, taking into account the evolution of the epidemiological situation, and in line with the other countries around us, it is necessary to limit the risks linked to the mobility and transport of people from different regions of the national territory, therefore during the de-escalation period, sanitary hygiene control measures must be intensified for international travelers in order to quickly identify sick people and their contacts. To this end, this Ordinance adopts specific measures to ensure that, in the process of de-escalation and relaxation of restrictions on free movement, the risks of importing cases likely to jeopardize the process initiated are minimized.
These measures consist in limiting the points of entry into Spain to the Spanish ports and airports designated as “points of entry capable of responding to public health emergencies of international importance” in the agreement of the Council of Ministers of March 7 2014. The above-mentioned agreement was based on Law 33/2011 of 4 October on general public health, which establishes that “the staff of foreign health services will respond to any event that may pose a risk to public health at Spanish borders. , playing the role of agent of the health authorities and coordinating the response with the various administrations at the national level ”. Similarly, Royal Decree 1418/1986 of June 13 on the functions of the Ministry of Health and Consumer Affairs in matters of foreign health, in its article 2.4, establishes that “the system of coordinated action is a function of the Ministry of health (…) and immediate in cases of emergency or emergency which, in international traffic, affect or may affect the health of persons ”.The airports and ports designated in the agreement of the Council of Ministers of March 7, 2014 were determined on the basis of the assessment of the basic capacities of all airports and ports of general interest for health services. strangers. In the current context, the Ministry of Health understands that these are the same ports and airports that have the means necessary by foreign health services to meet the needs arising from exceptional confinement and the preventive measures to be implemented by these services. in the carriage of passengers to prevent the spread of the coronavirus SARS-Cov-2 and stop the progression of the disease COVID-19, insofar as the protection of health in our country and the mobility of people from abroad are reconciled . At the same time, the ordinance provides for certain exceptions to the aforementioned limitation and provides flexibility and review mechanisms depending on the needs detected, the capacities of the health system, as well as the evolution of the health crisis situation.These measures are in addition to those adopted in order INT / 401/2020 of May 11, which temporarily restores controls at internal air and sea borders, due to the health crisis caused by COVID-19, for better control of passengers. The measures envisaged in this order are deemed to comply with the principle of proportionality, in accordance with the doctrine of the Constitutional Court according to which “the proportionality trial of a measure (…) is divided into two phases: a) the first A part of this test canon consists in examining that the standard pursues a constitutionally legitimate objective; and b) the second part consists in examining whether the measure (…) is protected in this constitutional objective in a proportional manner. , in turn, to successively verify compliance with the “triple condition of (i) the adequacy of the measure to the proposed objective (adequacy judgment); (ii) the need for the measure to achieve its objective , without reaching it by a more moderate measure with equal effectiveness (judgment of necessity) and (iii) the weighting of the measure, because it brings more advantages or ava general interest which damages other assets or values in conflict (strict proportionality judgment) “. The ordinance is mainly intended to protect health and to this end it includes measures proportionate to the above-mentioned objective. It includes exceptions and authorizations in order to adapt the entry points to the needs, capacities and development of the health crisis. Consequently, on a proposal from the Minister of Health, in accordance with the provisions of articles 4 and 14 of Royal Decree 463/2020 of March 14, declaring the state of alert for the management of the health crisis caused by COVID- 19, as well as article 3 of royal decree 514/2020 of May 8, which extends the state of alarm declared by royal decree 463/2020 of March 14, provides
Article 1: object. The purpose of this Order is to designate the ports and airports listed in Article 3 as the only entry points into Spain for the means of transport included in its scope, with the exceptions provided for in Article 4 . Article 2. Scope. This order will apply to the following means of transport arriving on national territory: a) Passenger flights from any airport outside Spanish territory. b) Ro-ro passenger ships and passenger ships which provide regular liner service from any port outside Spanish territory with passengers other than the drivers of the heads of tractors of the rolled goods.
Article 3. Entry points.
- The means of transport included in the scope of this order arriving in Spain can only use the ports and airports provided for in the agreement of the Council of Ministers of March 7, 2014, which establishes Spanish ports and Airports designated as “entry points with the capacity to respond to public health emergencies of international importance”, as established in the International Health Regulations (RSI-2005), which are as follows: a) Airports of “Josep Tarradellas Barcelona-El Prat”, “Gran Canaria”, “Adolfo Suarez Madrid-Barajas”, “Málaga-Costa del Sol” and “Palma de Mallorca”. b) Ports of Barcelona, Bilbao, Las Palmas de Gran Canaria, Malaga, Palma de Mallorca, Tenerife, Valencia and Vigo.
- The Ministry of Health will adopt the health control measures necessary to prevent them from posing a risk to the population of our country.
Article 4. Exceptions.
- The limitation does not apply:
- a) State aircraft, non-commercial stopovers, exclusive cargo flights or positional, humanitarian, medical or emergency flights. b) State ships, ships which transport exclusively freight or ships which carry out humanitarian, medical or emergency functions.
- The Ministry of Health, upon supporting request, may lift the limitation provided for in this Ordinance, punctually authorizing aircraft or vessels which exclusively transport Spanish citizens, residents of Spain or other groups referred to in the order INT / 401/2020.
- In any event, the necessary health control measures will be adopted to prevent them from posing a risk to the population of our country.
First final layout. Evaluations.
When, in accordance with the provisions of article 4 of Royal Decree 514/2020, of May 8, which extends the state of alarm declared by Royal Decree 463/2020, of March 14, it is jointly agreed with an autonomous community, the modification, extension or restriction of any of the measures provided for in this order, in order to better adapt them to the development of the health emergency in each autonomous community, by resolution of the Minister of Transport and Mobility and of the urban agenda, is It will modify or update the list of entry points appearing in article 3, in accordance with the proposal made to this effect by the Minister of Health.
Second final layout. Information and notification of the measure.
This measure will be communicated, through the Ministry of Transport, Mobility and the Urban Agenda, to the European Commission and to the other Member States of the implementation of these exceptional measures and, through the Ministry of health, the corresponding notification will be made to the World Health Organization in application of the International Health Regulations. Third final provision. Entry into force and effects.
- This order will come into force on the same day of its publication in the “Official State Gazette” and will take effect at midnight on May 16, 2020.
- It will be valid until midnight on May 24, without prejudice, if any, to any possible extension which may be agreed.
Madrid, May 14, 2020. – The Minister of Transport, Mobility and the Urban Agenda, José Luis Ábalos Meco.