BOC No. 83. Friday, April 23, 2021 – 2194

BOC No. 83. Friday, April 23, 2021 – 2194

III. OTHER RESOLUTIONS – Presidency of the Government

2194 General Secretariat.- Resolution of April 22, 2021, which provides for the publication of the Agreement approving the update of the prevention measures established by the Government Agreement of June 19, 2020, to deal with the health crisis caused by COVID-19, once Phase III of the Plan for the transition towards a new normal has been passed, and the validity of the measures of the state of alarm has ended.

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Adopted by the Government of the Canary Islands, in a session held on April 22, 2021, the Agreement approving the update of the prevention measures established by the Government Agreement of June 19, 2020, to face the crisis health caused by COVID-19, once Phase III of the Plan for the transition to a new normal has been passed, the validity of the measures of the state of alarm has ended, and in accordance with the fifth section of the aforementioned Agreement,

RESOLVED:

To order the publication of the Agreement approving the update of the prevention measures established by the Government Agreement of June 19, 2020, to face the health crisis caused by COVID-19, once phase III of the plan for the transition to a new normality, once the measures inherent to the state of alarm have expired, which appears as an annex.

In the Canary Islands, April 22, 2021.- The Secretary General, Cándida Hernández Pérez.

ANNEXED

The Government of the Canary Islands, in a session held on April 22, 2021, outside the agenda, adopted, among others, the following Agreement:

FOD 14.- PROPOSED AGREEMENT APPROVING THE UPDATE OF THE PREVENTION MEASURES ESTABLISHED THROUGH THE GOVERNMENT AGREEMENT OF JUNE 19, 2020, TO ADDRESS THE HEALTH CRISIS CAUSED BY COVID-19, ONCE THE PHASE IS EXCEEDED III OF THE PLAN FOR THE TRANSITION TOWARDS A NEW NORMALITY, COMPLETED THE VALIDITY OF THE MEASURES OWNED BY THE STATE OF ALARM (DEPARTMENT OF HEALTH).

BACKGROUND

I.- The Government of the Canary Islands, in an extraordinary session held on June 19, 2020, adopted, among others, the Agreement establishing prevention measures to face the health crisis caused by COVID-19, once Once Phase III of the plan for the transition to a new normal has been passed, the validity of the measures of the state of alarm has ended.

The aforementioned Government Agreement was based on Royal Decree-Law 21/2020, of June 9, on urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19, which established the maintenance of certain prevention and hygiene measures that must be supplemented by the Autonomous Communities, based on the provisions of the health regulations that enable them to do so.

Through Government Agreements of July 2 and 9, August 3, 13, 20 and 27, September 3 and 4, and September 10, October 1 and 8, 2020, December 23, 2020, January 21 and 28, March 1, 18 and 31, 2021 (BOC No. 134, of 4.7.2020; BOC No. 139, of 07.10.2020; BOC No. 157, of 5.8.2020; BOC No. 164, of 08.14.2020; BOC No. 169, of 08.21.2020, BOC nº 175, of 08.29.2020, BOC nº 182, of 5.9.2020; BOC nº 187, of 9.11.2020; BOC nº 203, of 3.10.2020; BOC nº 208, of 10.9.2020; BOC No. 266, of 12.24.2020; BOC No. 15, of 01.22.2021; BOC No. 20, of 01.29.2021; BOC No. 42, of 2.3.2021; BOC No. 57, of 03.20.2021 -ce BOC No. 60, of 23.3.2021-, and BOC No. 67, of 1.4.2021), the updates of certain prevention measures established by means of the Government Agreement of June 19, 2020 were approved.

II.- The document “Coordinated response actions for the control of the transmission of COVID-19”, of October 22, 2020, approved within the Interterritorial Council of the National Health System, established a framework of action for a response proportional to different levels of health alert defined by a risk assessment process based on a set of epidemiological indicators and of assistance and public health capacity.

Said framework was incorporated into Annex I of the Government Agreement of June 19, 2020 reference, through the update made by the Government Agreement of December 23, 2020 (BOC No. 266, of 12/24/2020).

This document on “Coordinated response actions to control the transmission of COVID-19”, dated October 22, 2020, has nevertheless undergone an update as of March 26, 2021, which requires the adaptation of the Agreement of Government of June 19, 2020, in the terms that will be indicated in Antecedent VIII of this Agreement.

III.- On the other hand, the Council of Ministers, at its meeting of October 25, 2020, approved Royal Decree 926/2020, of October 25, declaring the state of alarm to contain the spread of infections caused by SARS-CoV-2. Subsequently, on November 3, Royal Decree 956/2020 was approved, by which the state of alarm declared by Royal Decree 926/2020, of October 25, is extended, also modifying part of its articles.

In accordance with the provisions of article 2.2 of the aforementioned Royal Decree 926/2020, of October 25, in each Autonomous Community and city with autonomy statute, the delegated competent authority will be the one who holds the presidency of the autonomous community or city with statute of autonomy, in the terms established in said royal decree.

For its part, section 3 of the aforementioned article establishes that the competent delegated authorities are empowered to issue, by delegation of the Government of the Nation, the orders, resolutions and provisions for the application of the provisions of articles 5 to 11. The planned measures in articles 5 to 8 (limitation of the freedom of movement of people at night, restrictions on entry and exit in the Autonomous Communities, limitation of permanence of groups of people in public and private spaces and limitation of permanence of people in places of worship) will be effective in the territory of each Autonomous Community when the respective delegated competent authority so determines, prior communication to the Ministry of Health, in accordance with the provisions of article 9,the effectiveness of this measure cannot be less than 7 calendar days.

Based on the aforementioned provision, Decree 94/2020 was issued on December 23, 2020, by the President, which establishes measures in the scope of the Autonomous Community of the Canary Islands in application of the aforementioned Royal Decree 926/2020, of December 23 (BOC No. 266, of 12/24/2020), updated by Decrees 5/2021, of January 21, 8/2021, of February 23 and 9/2021, of March 1, of the President (BOC No. 15 , of 22.1.2021; BOC No. 38, of 24.2.2021 and BOC No. 42, of 2.3.2021), with said measures remaining in force, on each island, until the end of the state of alarm.

IV.- In reference to the Christmas dates in the Canary Islands, on December 3, 2020, Decree 84/2020 was issued, respectively, by the President -in his capacity as delegated authority of the Government of the Nation based on the Royal Decree 926/2020, of October 25-, as well as the Government Agreement by which a series of measures were established to guarantee the security and control of the pandemic with the least impact on the development of the Christmas holidays. These measures (which were incorporated as Annex II to the Government Agreement of June 19, 2020, through the update made through the Agreement of December 23, 2020 -BOC No. 266, of 12/24/2020), were temporarily effective until on January 10, 2021.

Specifically in relation to the Christmas dates on the island of Tenerife, on December 16, 2020, Decree 91/2020 -modified by Decree 101 / 2020- was issued, respectively, by the President, in his capacity as delegated authority of the Government of the Nation based on Royal Decree 926/2020, of October 25, as well as the Government Agreement (BOC No. 261, of 12.18.2020), which established, in the area of ​​the island of Tenerife, new specific measures of an extraordinary nature during the preparation and celebration of the Christmas Holidays.

Once the Christmas holidays period ended, and given that the epidemiological data still did not fully reflect the effects of the same, together with the upward trend observed in the rest of the countries, as well as in the Autonomous Community itself, dated 7 April January 2021, respectively, the Decree 1/2021 of the President (modified by Decree 3/2021, of January 18, of the President (BOC No. 12, of January 19, 2021) and Government Agreement (BOC No. 5, of 9.1.2021), through which, within the Autonomous Community of the Canary Islands, specific and temporary measures were adopted to deal with the health crisis, effectively until 24 January 2021.

Subsequently, in relation to the period of those traditionally considered as “Carnival Festivities” in the year 2021, on February 11, 2021, Decree 7/2021, of the President, and Government Agreement (BOC No. 30, of 12.2 .2021), where a series of specific and temporary measures were approved, within the scope of the Autonomous Community of the Canary Islands, during the period from 00:00 hours on February 12 to 00:00 on February 22, 2021.

Finally, on March 11, 2021, Decree 14/2021, of March 11, from the President, and the Government Agreement (BOC No. 51, of March 13, 2021 and No. 54, of March 17, 2021), where approved specific and temporary measures, in the area of ​​the islands of Tenerife, Gran Canaria and Fuerteventura, of special and prevalent application with respect to the Government Agreement of June 19, 2020 and its successive updates, as well as the declaration of alert levels in such areas.

On the occasion of Holy Week, on March 18, 2021, Decree 16/2021 of the President (BOC No. 57, of March 20, 2021) was issued, respectively, in its capacity as delegated authority of the Government of the Nation in based on Royal Decree 926/2020, of October 25-, as well as the Government Agreement by which a series of measures were established to guarantee the security and control of the pandemic with the least impact on the development of the Healthy Week (which were incorporated as Annex II to the Government Agreement of June 19, 2020, through the update made through the Agreement of March 18, 2021 -BOC No. 57, of March 20, 2021), and which had a temporary effect from 00:00 hours on March 26 until midnight on April 9, 2021.

V.- On March 26, 2021, the aforementioned document “Coordinated response actions for the control of the transmission of COVID-19”, approved within the Interterritorial Council of the National Health System, is updated, while The indicators included in said document, as well as the risk levels and proposed measures, are under permanent review based on the knowledge and experience acquired in the management of the pandemic and the new information and scientific evidence on the behavior of the virus. The measures recommended in the aforementioned document establish the reference framework, taking into account that they can be adapted and contextualized to each autonomous community and territory according to the evolution of the epidemiological situation. Thus,

VI.- With the entry into force of Law 2/2021, of March 29, of urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19 (BOE No. 76, of March 30, 2021 ), the Interterritorial Council of the National Health System agreed, on April 7, 2021, to approve the application criteria of article 6.2 second paragraph of said law, regarding the use of the mask.

VII.- On April 22, 2021, the General Directorate of Public Health of the Canary Islands Health Service has issued a report highlighting the following:

the update of March 26, 2021 of the document of the Interterritorial Council of the National Health System “Coordinated response actions to control the transmission of COVID-19”; the recent approval of Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19 and the application criteria of article 6.2 agreed by the Interterritorial Council of the National Health System on April 7, make it necessary to review the preventive measures of the Government Agreement of June 19, 2020 that are included in the annex to this letter “.

VIII.- In accordance with the provisions of the previous antecedents, it is necessary to update the following prevention measures adopted by the Government Agreement of June 19, 2020, and their successive updates:

– Letter f) of point 2 of section 1.3 Mandatory use of masks.

The response actions proposed by the CISNS of March 26, 2021 are incorporated, regarding the application of article 6.2 of Law 2/2021, of March 29, of urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19, in order to include, within the exclusions of the mandatory uses of masks, the practice of aquatic sports or professional activity in the water.

– Letter c) of point 1 of section 1.5 Limitation of the freedom of movement of people at night.

At alert level 3, the start of the limitation of freedom of movement is raised at 11:00 p.m.

– Letter c) of point 2 of section 3.2 Hotel and restaurant activities.

In order to add, at alert level 3, the prohibition of permanence in interior areas except for the use of the toilets and the collection of food on the premises.

At the same time, as the start time of the limitation of freedom of movement has been raised to alert level 3 at 23:00, this time is applied to the complete closure of the establishments, as well as to the service of collection in the own premises.

– The new letter j) of point 3 of section 3.2 Hotel and restaurant activities is created.

The response actions proposed by the CISNS are incorporated, as well as the provisions of article 26 of Law 2/2021, of March 29, on urgent measures for prevention, containment and coordination to face the health crisis caused by the COVID-19, in relation to keeping a record of customers in the lunch and dinner services in interior areas of restaurants in order to guarantee the provision of essential information for the traceability of contacts.

Based on the foregoing, it is necessary to update, in the terms proposed by the General Directorate of Public Health, in its Report dated April 22, 2021, the prevention measures established by means of a Government Agreement of June 19, 2020 and its successive updates, to face the health crisis caused by COVID-19, once Phase III of the Plan for the transition to a new normal has been passed, after the validity of the measures of the state of alarm.

These measures are contained in the annex to this Agreement.

Consequently, on April 22, 2021, a Decree of the President fell in his capacity as delegated authority of the Government of the Nation, in application of the aforementioned Royal Decree 926/2020, of October 25, updating Decree 94/2020, of the President, by which measures are established in the scope of the Autonomous Community of the Canary Islands (BOC No. 266, of 12/24/2020), updated by Decrees 5/2021, of January 21; 8/2021, of February 23 and 9/2021, of March 1, of the President (BOC nº 15, of 22.1.2021; BOC nº 38, of 24.2.2021 and BOC nº 42, of 2.3.2021), remaining said measures in force, on each island, until the end of the state of alarm.

To which the following apply

FOUNDATIONS OF LAW

First.- Royal Decree-Law 21/2020, of June 9, on urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19 establishes, in its Chapter II, a series of measures prevention and hygiene measures, which must be supplemented in certain specific areas of the activity sectors, by the competent administrations in the matter.

The document “Coordinated response actions for the control of the transmission of COVID-19”, of October 22, 2020 (updated on March 26, 2020) approved within the Interterritorial Council of the National Health System, established a framework of action for a proportional response to different levels of health alert defined by a risk assessment process based on a set of epidemiological indicators and of assistance and public health capacity. It is a framework of common criteria for the interpretation of epidemiological indicators, technically agreed by all the Autonomous Communities, and they may adopt the complementary measures they deem appropriate.

On the other hand, Royal Decree 926/2020, of October 25, by which the state of alarm is declared to contain the spread of infections caused by SARS-CoV-2 -modified by Royal Decree 956/2020, by the one that extends the state of alarm declared by Royal Decree 926/2020, of October 25 – empowers the competent health administrations in public health, during the validity of the state of alarm, and in matters not provided for in said regulation, to continue adopting the necessary measures to face the public health emergency situation caused by COVID-19, in accordance with health legislation, as well as the corresponding regional regulations.

Organic Law 3/1986, of April 14, on Special Measures in Public Health Matters, and Laws 14/1986, of April 25, General Health and 33/2011, of October 4, General Public Health , establish the possible adoption of measures by health authorities in situations of risk to people’s health. In the scope of the Autonomous Community of the Canary Islands, Law 11/1994, of July 26, on Health Management of the Canary Islands enables the adoption of measures by health authorities in situations of risk to people’s health.

Second.- In accordance with the provisions of Chapter V of Title II of Law 11/1994, of July 26, on Health Management of the Canary Islands, embodied in its articles 42 and following, the Government of the Canary Islands, as the ultimate responsible for the operation orderly, efficient and effective, of the sanitary activities of the Public Administrations of the Canary Islands, has assigned the competences of ordination, planning, direction, supervision, control, inspection and sanitary, socio-sanitary and public health sanction, showing, by virtue of the provisions in article 28 of the same legal text, the character of health authority for the determination of administrative intervention actions in the field of health that are contemplated in its articles 24 et seq.

The Government, after deliberating and on the proposal of the Minister of Health, agrees:

First.- Object.

1. Update the measures of the Agreement of June 19, 2020 that are contained in the annex to this Government Agreement referring to the following sections:

– Letter f) of point 2 of section 1.3 Mandatory use of masks.

– Letter c) of point 1 of section 1.5 Limitation of the freedom of movement of people at night.

– Letter c) of point 2 of section 3.2 Hotel and restaurant activities.

– The new letter j) of point 3 of section 3.2 Hotel and restaurant activities is created.

2. The measures of the state of alarm approved by Decree of April 22, 2021, of the President are also included in the aforementioned annex.

Second.- Scope of application.

The measures and alert levels contemplated in the annex to this Agreement will be applied throughout the territory of the Autonomous Community of the Canary Islands.

Without prejudice to the application of the measures provided for in this Agreement, the Presidents of the Island Councils and the Mayors of the City Councils of the Canary Islands, in their areas of competence, as health authorities, may adopt additional and complementary measures in their respective territories.

Third.- Penalty regime.

Non-compliance with the measures will be sanctioned by the competent authorities in accordance with the applicable legislation and, specifically, in accordance with the provisions of Decree Law 14/2020, of September 4, which establishes the sanctioning regime for non-compliance with prevention and containment measures against COVID-19 in the Autonomous Community of the Canary Islands.

Fourth.- Prior communication.

In accordance with the provisions of the Plenary Agreement of the Interterritorial Council of the National Health System regarding “Coordinated response actions to control the transmission of COVID-19”, dated October 22, 2020 (updated on October 26, 2020). March 2021) the measures provided for in this Agreement will be made known to the Ministry of Health before their implementation.

Fifth.- Effects.

This Agreement will take effect from the day of its publication in the Official Gazette of the Canary Islands and will be maintained as long as the declaration of health crisis caused by COVID-19 subsists.

ANNEXED

MEASURES FOR THE AUTONOMOUS COMMUNITY OF THE CANARY ISLANDS WHILE SUBSISTING THE DECLARATION OF HEALTH CRISIS CAUSED BY COVID-19

1. GENERAL OBLIGATIONS.

1.3. Mandatory use of masks.

1. All persons six years of age and older are obliged to use a mask:

a) On public roads, in open air spaces and in any closed space for public use, or that is open to the public, regardless of maintaining the interpersonal safety distance of at least 1.5 meters.

b) In the workplace. In those work spaces delimited and occupied by a single person, it will be each company, with its prevention service, who will assess the risk of contagion and if necessary the continued use of the mask. Likewise, in shared spaces, it will be each company, through its prevention service, and exceptionally, who will assess the risk of contagion and whether the continued use of the mask can be dispensed with, provided that other prevention measures are observed. and protection. When this exception is applied, the businessman or businesswoman will keep said information for immediate availability to the health and labor authorities in the event that it is required by them.

In both cases, if it is appreciated that the continued use of the mask can be dispensed with, such exemption will only apply while the person occupies their position, being obliged to use it outside the workspace in which the exemption operates and, especially , in all common spaces, understood as all those spaces that can be used by more than one person.

c) In non-university and university educational centers.

d) In sports facilities and centers.

e) In means of air, sea, bus, or tram transport, as well as in public and private transport, if the occupants of the tourism vehicles do not live in the same home.

f) In health centers, it will be mandatory for patients, family members and visitors to wear a hygienic or surgical mask while they remain in the center. In the event that these people do not wear a mask or it cannot be guaranteed that the one they are wearing is a hygienic or surgical mask, one will be provided at the entrance to the center.

g) The correct use of the mask is mandatory, covering the nose and mouth completely at all times. Likewise, it must be properly adjusted to the nose and chin, so as to prevent the expulsion of respiratory secretions to the environment.

h) The owners of establishments, spaces and premises must guarantee compliance with these obligations in them.

2. The obligation to use a mask will not be enforceable in the following cases:

a) People who present some type of illness or respiratory difficulty that may be aggravated by the use of the mask or who, due to their situation of disability or dependency, do not have the autonomy to remove the mask, or present behavioral alterations that make Its use, in accordance with the provisions of article 6.2 of Royal Decree-Law 21/2020, of June 9, of urgent prevention, containment and coordination measures to face the health crisis caused by COVID-19 is unfeasible. However, people who for reasons of health, dependency or disability or behavioral alterations, avail themselves of this exemption from the use of the mask, will not be able to attend events or mass events.

b) In cases of force majeure or situation of necessity or when, due to the very nature of the activities, the use of the mask is incompatible, in accordance with the indications of the health authorities, in accordance with the provisions of article 6.2 of Royal Decree-Law 21/2020, of June 9.

c) In the case of individual sport exercise in the open air, the use of the mask will be excepted exclusively during the sport practice and provided that the maintenance of the distance of two meters with other people can be guaranteed, in accordance with the provisions in article 6.2 of Royal Decree-Law 21/2020, of June 9.

In outdoor sports facilities and centers, the use of a mask will be excepted in the 4 alert levels for the practice of sports and physical activity, exclusively during the performance of said activities and provided that the distance of two meters with other people can be guaranteed. permanently.

In carrying out training sessions and in holding competitions within the professional and federated sports activity at national and international level, the use of the mask will apply what is specifically stated in the protocol of the respective sports federations.

d) In hotel and catering establishments and services, including bars and cafeterias, only at the time of food or beverage intake.

e) In spaces of nature or outdoors outside population centers, as long as the influx of people allows maintaining an interpersonal safety distance of at least two meters.

f) On the beaches and swimming pools exclusively during bathing, water sports or professional activity in the water, and while staying in a certain space, without moving, and provided that respect for the interpersonal safety distance of the person can be guaranteed. minus two meters between all non-living users.

g) While smoking, eating or drinking, as set out in sections 2.1.12 and 2.1.12.bis, exclusively during consumption without traveling on public roads, and provided that the distance of two meters can be guaranteed with others.

3. Obligations and recommendations regarding the use of a mask.

a) The use of the mask is recommended in private spaces, both open and closed, when meetings of people from different coexistence centers are held.

b) It is recommended that the mask be hygienic, preferably reusable.

c) Masks with an exhalation valve may not be used, except for professional uses for which this type of mask may be recommended.

1.5. Limitation of the freedom of movement of people at night.

1. The freedom of movement of people at night is limited, depending on the alert level of each of the islands:

a) Up to alert level 1: between 00:00 and 06:00.

b) At alert level 2: between 11:00 p.m. and 06:00 a.m.

c) At alert level 3: between 11:00 p.m. and 06:00 a.m.

d) At alert level 4: between 10:00 p.m. and 06:00 a.m.

2. This limitation of the freedom of movement of people at night does not affect the performance of the following activities contained in article 5 of Royal Decree 926/2020, of October 25, which declares the state of alarm for contain the spread of infections caused by SARS-CoV-2, as well as the one added in letters j) and k):

a) Acquisition of medicines and health products in pharmacy offices.

b) Assistance to health centers, services and establishments.

c) Assistance to veterinary care centers for emergency reasons.

d) Compliance with labor, professional, business, institutional or legal obligations.

e) Return to the place of habitual residence after carrying out some of the activities foreseen in this section.

f) Assistance and care for the elderly, minors, dependents, people with disabilities or especially vulnerable people.

g) Due to force majeure or situation of necessity.

h) Any other activity of a similar nature, duly accredited.

i) Refueling at gas stations or service stations, when necessary to carry out the activities set forth in the preceding paragraphs.

j) Assistance and care of domestic animals or in livestock farms.

k) Outdoor sporting events that are part of an international competition circuit and that, due to their characteristics, must necessarily take place totally or partially outside the hours established in general for the limitation of freedom of movement, with prior authorization from the Directorate of the Canary Islands Health Service.

3. CAPACITY LIMITATIONS AND SPECIFIC PREVENTION MEASURES BY SECTORS.

3.2. Hotel and restaurant activities.

1. In the establishments and activities of hotels, restaurants and terraces, as well as in beach bars and restaurants, the distance of at least 2 meters between the chairs of different tables or groups of tables will be guaranteed at all times, and between groups of clients in the bar.

Each table or group of tables must be in accordance with the number of people who occupy it and a zigzag arrangement of the chairs will be sought to prevent diners from being face to face and to allow the greatest possible interpersonal distancing. The bar space assigned to each client or group of clients must be physically marked.

2. The following specific capacity, occupancy and schedule requirements will be met, depending on the alert level established for each territory as provided in section 2.1.13:

a) Up to alert level 1, it will not be possible to exceed 75% of the authorized capacity in interior spaces. The maximum occupancy per table or table group will be 10 people outdoors and 6 indoors, and 4 groups of customers in the bar. The complete closure of the establishments is established before midnight.

b) At alert level 2, 75% of the authorized capacity in outdoor terraces and 50% in indoor spaces may not be exceeded. The maximum occupancy per table or group of tables will be 6 people outdoors and 4 indoors and 2 per group of customers at the bar. The buffet or self-service service cannot be provided indoors. Establishments are fully closed before 11pm. In line with the measure limiting the freedom of movement of people at night, the pick-up service may be provided at the premises before 23:00.

c) At alert level 3, it will not be possible to exceed 50% of the authorized capacity in outdoor terraces, being forbidden the service and stay in interior areas except for the use of the toilets and the collection of food on the premises. The maximum occupancy per table or group of tables will be 4 people, and consumption at the bar is prohibited. The buffet or self-service service cannot be provided indoors. The complete closure of the establishments is established before 23:00 hours. In line with the measure limiting the freedom of movement of people at night, the pick-up service may be provided at the premises before 23:00.

d) At alert level 4, the measures indicated for alert level 3 above will be complied with, except for the full closing time of the establishments that is established for alert level 4, before 6:00 p.m. In line with the measure limiting the freedom of movement of people at night, the pick-up service may be provided at the premises before 22:00.

The home delivery service at all alert levels will be carried out until midnight. The other requirements of this service, as well as those of collection at the premises are established in section 3.2.3.h).

The prohibition of the use of the interior areas and the complete closing times of the premises provided for in the different alert levels, do not affect the establishments integrated in health centers and services, of work centers for the consumption of their staff, of accommodation tourism for the exclusive use of guests with accommodation, education centers, and establishments with a social canteen service, which may remain open at their usual hours and with a capacity of 33%.

3. In the establishments and activities regulated in this section, the following requirements must also be met:

a) The use of letters of common use will be avoided, having to opt for their own electronic devices, blackboards, posters, QR or other similar means.

b) Auxiliary elements of the service, such as crockery, glassware, cutlery or linens, bread baskets, coffee cups, among others, will be stored in closed areas and, if this is not possible, away from customer passage areas and workers, also having to remove any decorative element from the tables.

c) Self-service products such as napkin holders, toothpicks, cruet, oil cans, and other similar utensils will be eliminated, prioritizing their service in other formats at the customer’s request or disposable pods when determined by the specific regulations.

d) Smoking will not be allowed on the terraces or other outdoor spaces depending on the premises or establishment.

e) Proper ventilation of interior spaces must be ensured and adequate air renewal must be guaranteed, increasing the ventilation rate (external air / recirculated air) in the case of artificial ventilation or air conditioning systems.

f) The client cannot occupy a table without the establishment’s staff accommodating it, after cleaning and disinfecting it. Customers must remain seated at the table or occupying the space assigned in the bar at all times, limiting movements within the establishment to what is strictly necessary and maintaining interpersonal safety distance.

g) In buffets and self-services, the specific monitoring and organization measures necessary to guarantee the use of a mask, the disinfection of hands with hydroalcoholic gels or disinfectants with virucidal activity, duly authorized and registered, and the maintenance of the distance must be adopted. of interpersonal security between non-partners.

h) The services for collecting food and beverages on the premises, home delivery and vehicle collection will always be carried out while maintaining interpersonal safety distances and other preventive measures.

At alert levels 3 and 4, the following indications will be followed in the food and drink collection service at the premises for consumption at home:

– In the collection service at the establishment, the customer must place the order in advance by phone or online, setting a collection time for the establishment to avoid crowds. In those establishments that have order request points from the vehicle, orders can also be made from them.

– The establishment will have a space enabled and marked for the collection of orders where the exchange and payment will be made, as close as possible to the access to the establishment. The permanence of customers in the establishment will be strictly necessary for the collection and payment of the order, without being able to make drinks on the premises during the wait. In those establishments that have delivery points for orders from the vehicle, the delivery will be carried out in this way preferably.

i) The mandatory use of masks must be made permanently, except at the time of ingestion of food or beverages.

j) In order to facilitate the follow-up of contacts in the event of positive cases of COVID-19, a record of customers will be kept in the food and dinner services in interior areas of restaurants that includes name and surname, ID, telephone number and date and time of service. This record will be kept at the disposal of the health authorities for a month after the event.

The treatment of personal information will be carried out in accordance with the provisions of the personal data protection regulations, with said treatment exclusively for the purpose of monitoring, surveillance and epidemiological control of COVID-19.

4. The measures provided for in this section are applicable to any establishment or activity that offers food or beverage services as a complementary nature to the main activity carried out, except for the exceptions expressly indicated and relating to the services of health centers, work and tourist accommodation.

5. Outdoor terraces are those spaces that meet the characteristics indicated in the second paragraph of section 2.3.1.