Monday, June 27

The new restrictions on the hospitality industry, no date for their entry into force




The Ministry of Health published yesterday in the BOE the new actions against Covid-19 that impose new schedules and capacity control throughout the country without the umbrella of the state of alarm. The Government has carried out its decision, despite the opposition of six communities and the threat of rebelling against the health order. The restrictions They are opposed by Madrid, Galicia, Murcia, Andalusia, Castilla y León and Catalonia who voted against in the last Interterritorial Health Council, as well as with the abstention of Castilla y León.

It is a mandatory order for all communities, regardless of the direction of their vote. But it is also appealable before the National Court and this is what the Community of Madrid has already communicated that it will do. Yesterday, the Madrid Minister of Justice, Enrique López, announced his appeal despite the fact that the region had lowered its epidemiological risk and would not be forced to adopt such drastic measures.

The rest of the communities that voted against or opposed, prefer to wait for their legal services to study the order published in the BOE before making a decision. Galicia is one of them. «If they tell us (the legal services) that it is compulsory, we will not be an insubordinate government“, Explained the number ‘two’ of the Xunta, Alfonso Rueda, who continues with his” roadmap “designed by the autonomous administration.

Even if nothing has changed. At least still. The published measures are not mandatory until they are incorporated into regional regulations. Nor does Health urge the communities to set a deadline to adopt them. Yes, it does so in the order that includes the anticovid measures of the educational centers for the next year. In this case, place to adopt them before July 1. However, there is no deadline for the new capacity and schedule restrictions for nightlife and restaurants.

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Thus, the current measures are, for now, those that each region had before publication and have been ratified by the different courts of justice.

Until summer

When the new order takes effect, nightlife may reopen until 2 a.m., extendable at 3 a.m., but only in communities that are outside the danger level or alert level 1 (low risk), which today are Galicia, Cantabria, Navarra, Extremadura, the Valencian Community, Murcia, the Balearic Islands and the Canary Islands. The rest, except for the Basque Country and La Rioja, which are at 3 (high risk), are at alert level 2 (medium risk). Risk is regulated with a sort of traffic light that takes into account the number of admissions to ICUs or new positives, among others.

There is also no date for the end of these measures.. The ministerial order states that “until the end of its validity is approved by the Minister of Health.” Minister Carolina Darias’ plan is to prevent a rebound in the pandemic. It will be maintained, at least, until 70% of the population is vaccinated and all those older than 50 years have been fully immunized. Which means that they will be in force, predictably, until the end of this summer.

The Basque interpretation

The publication in the BOE has caused numerous interpretations. In the Basque Country, the Socialist Party believes that a contextualization clause in the Health order allows maintaining conditions in the hotel industry and deciding each community in its territory. In a statement, the PSE-EE affirms that the resolution publishing the Agreement of the Interterritorial Council of the National Health System “preserves the coordination capacity attributed to the Government of Spain”, which the PSE-EE has already “highlighted” and it recognizes, at the same time, “the autonomic competences in matters such as the determination of the measures that affect the operating conditions of the hotel and restaurant industry.”

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It is just an interpretation, “nothing has changed,” according to sources from the Ministry of Health. It does establish that “the measures can be adapted and contextualized to each autonomous community and territory, according to the evolution of the epidemiological situation.” But that just means that within the same community there may be territories with different situations epidemiological studies that each community must interpret and adapt, says the ministry.

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