The Community of Madrid will execute the order mentioned in BOE Number 260 issued by the central government despite having presented this Friday an administrative contentious appeal in the National Court for considering the decision “unfair” and “arbitrary” and that will cause “chaos” among its citizens.
The restrictions will affect Madrid capital, Alcalá de Henares, Alcobendas, Alcorcón, Fuenlabrada, Getafe, Leganés, Torrejón de Ardoz, Móstoles and Parla and will imply the restriction of entrances and exits from these municipalities. There will also be reductions in capacity hours in commerce and hospitality sectors.
In view of the session held last September 30, 2020, the Plenary of the Interterritorial Council of the National Health System agrees:
First.
That they must be declared as coordinated actions in public health for respond to the situation of special risk due to uncontrolled transmission of infections by COVID-19, in accordance with the provisions of article 65 of Law 16/2003, of 28 May, on cohesion and quality of the National Health System, the following:
1. Purpose and scope of application.
1.1 The declaration of coordinated actions will oblige the communities autonomous entities to adopt, at least, the measures provided for in section 2 in the municipalities with more than 100,000 inhabitants that are part of its territory, when the following three circumstances concur:
a) The municipality has an incidence of 500 cases or more per 100,000 inhabitants in 14 days (measured up to 5 days before the valuation date).
This criterion will not apply if at least 90% of the cases detected in the municipality correspond to perfectly identified unfamiliar outbreaks and controlled, and if these have been properly communicated to the Coordination of Alerts and Emergencies of the Ministry of Health.
b) The municipality presents a percentage of positivity in the results of the diagnostic tests for active COVID-19 infection performed within two weeks previous higher than 10%.
c) The autonomous community to which the municipality belongs submits a bed occupancy by COVID-19 patients in intensive care units more than 35% of the usual provision (pre-COVID-19 period) of care beds critics in the existing hospitals at the date of adoption of this Agreement.
1.2 The concurrence of the circumstances described in the previous section is determined by the autonomous community based on the information it has and, in any case, based on the data communicated to the Ministry of Health on the evolution of coronavirus disease (COVID-19), which are the basis for daily reports that publishes.
1.3 The measures provided for in section 2 constitute a minimum to be applied by the autonomous communities, without prejudice to other measures that they may apply in exercise of their powers. Likewise, the autonomous communities may apply more restrictive criteria in relation to the measures provided for in section 2.
2. Compulsory measures.
A) Social contact.
1) The entry and exit of people from the municipalities provided for in the section 1.1, except for those displacements, adequately justified, which are produced for any of the following reasons:
a) Assistance to health centers, services and establishments.
b) Compliance with labor, professional, business or legal obligations.
c) Attendance at university, teaching and educational centers, including schools of early childhood education.
d) Return to the place of habitual residence.
e) Assistance and care for the elderly, minors, dependents, people with disability or especially vulnerable people.
f) Travel to financial and insurance entities that cannot be postponed.
g) Required or urgent actions before public, judicial or notarial.
h) Renewals of permits and official documentation, as well as other procedures administrative without postponement.
i) Taking exams or official tests that cannot be postponed.
j) Due to force majeure or situation of need.
k) Any other activity of a similar nature, duly accredited.
Circulation on highways and roads that pass or cross the municipalities provided for in section 1.1, it will be possible, as long as it has origin and destination outside thereof.
The movement of residents within the municipalities provided for in the section 1.1 will be possible, always respecting the individual protection measures and collective established by the competent health authorities, without prejudice to the provided for in the recommendation established in section 3.1.
2) Participation in groups of people for the development of any activity or event of a family or social nature, both on public roads and in spaces public and private, it will be reduced to a maximum number of six people, unless deals with partners, and except in the case of work and institutional activities or in that of activities in which specific limits or measures are established.
B) Maximum capacity, distance and schedule.
3) Places of worship:
The maximum capacity will be one third, guaranteeing in any case the minimum distance interpersonal 1.5 meters.
4) Wakes:
a) Maximum capacity of fifteen people in outdoor spaces or ten in spaces closed, whether or not they are living together.
b) Participation in the entourage for the burial or dismissal for the cremation of the deceased person will be restricted to a maximum of fifteen people.
5) Establishments, commercial premises and services open to the public:
a) Maximum capacity of fifty percent.
b) The closing time may not exceed 22:00, except for the exceptions that are anticipated.
6) Hotel and restaurant establishments and gaming and betting establishments:
a) The maximum capacity will be fifty percent indoors and the sixty percent in outdoor spaces.
b) Bar consumption will not be allowed.
c) The tables or groupings of tables must keep a distance of, at less, 1.5 meters with respect to the chairs assigned to the other tables or groups of tables.
d) The maximum occupancy will be six people per table or group of tables.
e) No new clients may be admitted after 22:00 hours and the time of closing may not exceed 23:00, except for food delivery services at home.
7) Academies, driving schools and private centers of non-regulated education and training centers not included in the scope of application of article 9 of the Royal Decree Law 21/2020, of June 9:
The maximum capacity will be fifty percent.
8) Sports facilities, both outdoors and indoors.
a) The maximum capacity will be fifty percent indoors and the sixty percent in outdoor spaces.
b) Sports practice in groups will be reduced to a maximum of six people.
c) In official competitions of a state level and non-professional character and the international competitions that are under the organizational tutelage of the Federations Spanish sports that are developed in the municipalities provided for in section 1.1, the Protocol of action for the return of official competitions of state level and non-professional character in the 2020/2021 season, prepared by the Higher Sports Council.
C) Capacities.
9) The autonomous communities with municipalities in which the circumstances listed in section 1.1 will strengthen your capacities to early detection and control of the disease, as well as in the field of care health, in accordance with the provisions of the Early Response Plan in a scenario control of the COVID-19 pandemic.
3. Recommendations.
1. An explicit recommendation will be made to avoid any movement or unnecessary travel in the municipalities referred to in section 1.1.
2. It is recommended that autonomous communities and cities approve plans special action to control the spread of infections in those
municipalities with less than 100,000 inhabitants in which the foreseen circumstance occurs
in section 1.1.a).
In article
Second.
In the cases in which the execution of the actions contemplated in the Declaration of Coordinated Actions requires the adoption, by the autonomous communities, of any act or provision, these will be adopted before 48 hours have elapsed since knowledge of the concurrence of the
circumstances set forth in section 1.1.
In this sense, if on the date of notification to the autonomous community of the Declaration of Coordinated Actions already exist municipalities in which they concur the circumstances provided for in section 1.1, the corresponding autonomous community shall adopt the acts and provisions that are necessary to comply with the established in said Declaration within a maximum period of 48 hours from the moment in which such notification occurs.
Third.
The measures contemplated in the Declaration of Coordinated Actions are adopted by the autonomous communities for a limited period, they may be revised by these before the end of said term in the terms indicated in paragraph following, and, where appropriate, extended if the circumstances provided for in the section 1.1.
In this sense, each affected autonomous community and the Ministry of Health weekly jointly review the epidemiological situation of the municipalities to which the Declaration of Coordinated Actions applies. In the frame of this bilateral relationship, the modification of the scope of application of the measures contained in the Declaration, as long as a reduction is observed sufficient of the accumulated incidence in the terms established in this and taking into It also takes into account the correction factors that could affect it.
Fourth.
The autonomous communities of Catalonia, Galicia, Andalusia, Community of Madrid and the Autonomous City of Ceuta have formulated a negative particular vote to this Agreement and The Region of Murcia has formulated a private vote of abstention to this Agreement.
In accordance with the second paragraph of article 151.2.a) of Law 40/2015, of 1 October, of the Legal Regime of the Public Sector, since this Agreement refers to a material area in which the General State Administration is assigned functions of general coordination of health, in accordance with the constitutional order distribution of powers, this Agreement will be binding for all the autonomous communities and cities that are members of the Interterritorial Council of the National Health System, regardless of the direction of your vote.
Fifth.
The Declaration of Coordinated Actions will take effect from its notification autonomous communities and cities and until approved by the Minister of Health, prior agreement of the Interterritorial Council of the National Health System, with audience of all autonomous communities and cities, the completion of its validity.
Source:
STATE OFFICIAL NEWSLETTER
No. 260 Thursday, October 1, 2020 Sec. III. Page 83232 cve: BOE-A-2020-11590
Verifiable at https://www.boe.es
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