Order TMA / 277/2020, of March 23, by which essential services are declared to certain tourist accommodations and complementary provisions are adopted.

In the framework of the state of alarm declared by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, the Order SND / 257/2020, of March 19, declaring the suspension of opening to the public of tourist accommodation establishments, including hotels and similar accommodation, tourist accommodation and other short-stay accommodation, camping sites, caravan parks and other similar establishments, located anywhere in the national territory.

Article 18 of Royal Decree 463/2020, of March 14, provides that the critical operators of essential services provided for in Law 8/2011, of April 28, which establishes measures for the protection of critical infrastructure, shall adopt the necessary measures to ensure the provision of essential services that are their own. Likewise, it foresees the adoption of necessary measures by companies and suppliers that, not being considered critical, are essential to ensure the supply of the population and the essential services themselves.

Additionally, Royal Decree 463/2020, of March 14, includes a series of measures to ensure the supply of goods and services necessary for the protection of public health, the transport of goods throughout the national territory in order to guarantee the supply and delivery of products purchased in Internet, telephone or correspondence, food supply and guarantee of supply of electrical energy, products derived from petroleum and natural gas.

Likewise, Royal Decree-Law 8/2020, of March 17, on extraordinary urgent measures to face the economic and social impact of COVID-19, establishes measures to avoid the negative effects on employment and business viability derived from the suspension of public contracts, in order to avoid a negative structural impact on this part of the productive fabric.

In order for these measures to be developed, it is necessary to guarantee the mobility of those workers who have to carry out certain tasks in such a way that they can have accommodation and food. Maintenance, health care, repair and construction, supply and transport, among others, of essential services such as, without being exhaustive, health personnel, security forces and bodies, transporters of passengers and goods, personnel of telecommunications operators and data processing centers and telecommunication installation companies for the installation, maintenance and repair of telecommunications networks and data processing centers, operation and maintenance of electricity, gas, water, and central transmission and distribution networks power generation, fire prevention and extinguishing personnel, workers in petrochemical plants or power or nuclear plants, personnel linked to rescue and maritime security activities, gas stations, ports and airports, railway infrastructures, and works of general interest in the field health, port, airport, road and railway, which must include telecommunications that are carried out in the field of railway geography, both for railway use and for telecommunications operators, that are carried out in them, processing plants for agricultural, meat and fishery products and of the inputs necessary for its preparation, the workers who must carry out the activities included in articles 17 and 18 of Royal Decree 463/2020, of March 14, among others.

On the other hand, article 7 of the aforementioned Royal Decree 463/2020, of March 14, limits the freedom of movement of people and provides for a series of exceptions, through which it allows mobility for health care and care reasons. to the elderly, minors, dependents, people with disabilities or especially vulnerable people or due to force majeure or a situation of need, as well as travel to the workplace to carry out work, professional or business provision. Additionally, there may be people who, for reasons of force majeure or a state of need, urgently need to ensure timely accommodation, such as tourists who have not been able to return to their places of origin within the period provided in section three of Order SND / 257. / 2020, of March 19, people who are under a humanitarian care program or any other program for vulnerable groups and other similar cases.

In all these cases, it may be necessary to use accommodation for people who have to move or who may need to ensure timely accommodation urgently. Consequently, to guarantee their mobility and security throughout the national territory, the tourist accommodation listed in the annex to this order must be declared as an essential service, as well as allowing the provision of the service to the groups affected by the rest of the accommodation. tourism, and allow the provision of other complementary services.

By virtue of this, at the proposal of the Minister of Industry, Commerce and Tourism, in accordance with the Minister of Health, the Minister of Defense, the Minister of the Interior, the Minister of Foreign Affairs, the European Union and Cooperation, the Minister of Agriculture, Fisheries and Food, the Minister for Ecological Transition and the Demographic Challenge, the Minister for Economic Affairs and Digital Transformation as well as the Minister for Inclusion, Social Security and Migration, and under the authorization contained in articles 4 and 14 of the Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, provides:

Article 1. Declaration of essential service of certain tourist accommodation for the provision of the accommodation service to workers.

Tourist accommodation listed in the annex to this order is declared as essential services, which will be kept closed to the general public but must allow the accommodation of those workers who must carry out maintenance, health care, repair and execution of works of general interest. , supply of agricultural and fishing products, and crews of fishing vessels, as well as complementary services to them, in the health, port, airport, road and rail, food, rescue and maritime safety, installation, maintenance and repair of telecommunications networks and data processing centers, energy and water supply, supply and transport services for goods or passengers linked to the activities allowed by Royal Decree 463/2020, of March 14, declaring the alarm status for managing the health crisis situation caused by e l COVID-19 and its development regulations, as well as essential services such as security forces and bodies and workers who must carry out the activities included in articles 17 and 18 of Royal Decree 463/2020, of March 14. In any case, they will have to observe the protection measures and instructions indicated by the Ministry of Health aimed at avoiding the spread of COVID-19.

Additionally, by resolution of the Minister of Transport, Mobility and Urban Agenda, the list of tourist accommodation listed in the annex to this order may be expanded, modified, revised or updated when necessary to guarantee the provision of the services included in this article, according to the request made by the corresponding ministerial department.

Article 2. Provision of the accommodation service in other exceptional cases.

The tourist accommodation listed in the previous article will allow the accommodation of people who must move to attend to the elderly, minors, dependents, people with disabilities, especially vulnerable people or those with health care needs, among other assumptions, in accordance with the situations foreseen in sections b), c), d), e) and g) of article 7.1 of Royal Decree 463/2020, of March 14, as well as to all those people who due to force majeure or situation of need require to ensure punctual accommodation urgently.

Article 3. Provision of the service by other tourist accommodation.

The rest of the tourist accommodations that are not listed in the annex to this order may provide accommodation exclusively to the groups mentioned in articles 1 and 2. In that case, they will have to observe the protection measures and instructions indicated by the Ministry of Health aimed at avoid the spread of COVID-19.

Article 4. Provision of other services.

The accommodations referred to in the previous articles will provide a restaurant service and any other service that may be necessary for the proper provision of the accommodation service, when they are authorized to do so, exclusively to the people who are housed in them. Notwithstanding the foregoing, professional freight transporters may be allowed access to cleaning and catering facilities and services, even if they are not housed.

In any case, in the provision of these services they will have to observe the protection measures and instructions indicated by the Ministry of Health aimed at preventing the spread of COVID-19.

Unique final provision. Validity.

This Order will be applied from its publication in the «Official State Gazette» until the end of the alarm period or until there are circumstances that justify a new order modifying the terms of the present one.

Madrid, March 23, 2020. – The Minister of Transport, Mobility and Urban Agenda, José Luis Ábalos Meco.

ANNEXED

Tourist accommodation declared essential service

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