Each month a legal column is published in the paper edition, but this month we have decided to include it online owing to its relevance concerning Easter.
One of the most frequent question from many of our clients is about the travel and movement restrictions imposed by the state of alarm and the different regulatory provisions that are approved almost weekly in each of the autonomous communities.
Specifically, we are going to refer to those that are in force as from the 24th of March and that in principle have been approved until the 9th of April, unless the epidemiological situation worsens, and it is decided to further restrict movement.
There is a perimeter closure of Andalucía and in general of all the autonomous regions in Spain. There is also a perimeter closure in Andalusia for each province.
The paradox is that nonessential trips with origin or destination to other EU countries are allowed, so you can travel to other countries of the European Union, but it cannot be done within Spain. Therefore, for example, those foreigners, either owning property or not in Spain, can visit simply by having a negative PCR 72 hours before landing in Spain.
However, once they arrive in Spain, they will have to follow the limitations of each of the autonomous regions, but tourists are allowed to return to their home country after their holidays, while residents in Andalucía are not allowed to leave the province to take an international flight.
The European Commission on 21st March has even asked for “coherence” from Spain and the rest of EU members regarding the travel restrictions that apply inside and outside their borders.
What is the situation in the neighbouring countries?
Belgium has prohibited nonessential travel, Hungary has its borders closed to non-residents like Morocco, Denmark does not allow the entry or exit of travellers except for justified reasons, in Norway, the borders are closed like Finland. France allows travel and entry, provided that an affidavit is made of not having symptoms and not having been in contact with a covid-positive person, in addition to providing a negative PCR 72 hours prior to entry.
Regarding the United Kingdom, you need a legally-permitted reason to travel abroad, if you live in England, you must complete a declaration form for international travel, coming into the UK requires 72 hours negative PCR, and quarantine for 10 days. We strongly recommend to check for the latest updates on travel advice: coronavirus (COVID-19) – GOV.UK (www.gov.uk)
What are the conditions of entry into Spain in general?
You can get more information at www.spth.gob.es. Each passenger must fill in a form associated with each trip After signing the FCS form, you will receive a QR Code associated with your trip.
You can find out the epidemiological situation of each municipality in Andalusia and the restrictions at https://www.mapacovid.es/
Municipalities with more than 500 cases per 100,000 inhabitants in turn have a perimeter closure of the municipality and municipalities that reach a contagion level of 1,000 / 100,000 inhabitants will also have a closure of all nonessential activity within the municipality. The curfew is from 11.00h to 06.00h. Shops, hotels and services can open until 22.30h. The Junta de Andalucía has decided to delay the curfew until 23.00h.
What are the restrictions?
Meetings of up to six people outdoors and four people indoors are allowed – these restrictions apply both in public and private places, except for those that are cohabiting. Nightlife is closed. Popular or traditional festivals are recommended not to take place, which has been systematically followed by each of the municipalities. Funerals, maximum 25 people outdoors or 10 people indoors, whether or not they are living together. If you see people disobeying the decreed measures or the curfew?
Can you report it? Yes, you can; call 112 when there is a disturbance of public order or represents an emergency.
Can someone be arrested for failing to comply with the measures?
Yes. Those who fail to comply with the measures may be sanctioned with a fine ranging from 100 euros to a prison sentence of one year if there is resistance or serious disobedience to the authorities.
What are the duly justified causes?
Assistance to health centres, compliance with labour, professional, business, or legal obligations, assistance to university, teaching and educational centres, return to the place of habitual residence, assistance and care for the elderly, minors, people with disabilities, travel to financial institutions and insurance or refueling stations in bordering territories, actions before public, judicial or notarial bodies, renewals of permits and official documentation, as well as other administrative procedures that cannot be postponed, assistance to veterinary care centres for urgent reasons, travel of high-level athletes, coaches, judges, for sports activities in official competitions, due to force majeure or situation of need.
Can I pick up a family member at the airport, the station?
This type of travel will be allowed if they are carried out within the same province of residence.
Article provided by Velasco Lawyers.
(News/Legal: Travel Restrictions)