May 14, 2021

Health rectifies and allows sales from Monday throughout Spain as long as they do not generate crowds

This is included in the order of the Ministry of Health published this Saturday in the Official State Gazette (BOE) which includes the relaxation of the measures provided for in Phase 2 of the de-escalation, but also includes some modifications of the measures that they had been planned for Phases 1 and 0.

Specifically, the new order modifies what is related to the discounts that had been introduced in the one issued by Health on May 9 and that had given rise to different interpretations by the ministry led by Salvador Illa, on the one hand, and the Ministry Industry and Commerce, on the other.

In the ministerial order of May 9, it was established that, during phase 1, the establishments could not announce or carry out commercial actions that could lead to crowds, both within the commercial establishment and in its vicinity. In addition, the safeguard was established that this restriction would not affect sales on sale, nor sales on sale or promotion made through the website.


According to Industry and Commerce, this forecast allowed discounts in physical stores, but Illa, when asked twice throughout this week, made it clear that these were not allowed because they could lead to crowds, with the consequent risk of contagion.

Now, in its new order published this Saturday, the Government introduces an additional provision that modifies the order of May 9 and makes it clear that discounts may be made as long as they do not lead to crowds that prevent compliance with sanitary measures aimed at prevent the spread of the virus. This measure will also apply in Phase 0, which still includes the Community of Madrid, Barcelona and part of Castilla y León, whose businesses may carry out promotions following the rules established for their operation in these places.


This provision, collected by Europa Press, establishes that it is the merchants who must take measures to avoid the agglomerations that prevent compliance with the mandatory sanitary measures.

As stated in the text, “commercial or promotional actions carried out by commercial establishments must be accompanied by measures designed to ensure” compliance with the measures decreed by the health authorities.

Thus, it should be avoided that “agglomerations are generated that prevent the maintenance of the safety distance, compliance with the limits of capacity, or that compromise the rest of the measures established in this order”. If this occurs, the merchants must “adopt the appropriate measures to avoid them, including the immediate cessation of the aforementioned commercial or promotional actions if necessary”.


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