May 16, 2021

Mandatory mask for sunbathing on the beach

The Official State Gazette publishes this Tuesday a new law on urgent measures for the prevention and containment of Covid-19 that imposes the use of masks in any public space, regardless of the interpersonal distance that may exist. Thus it will be mandatory to carry it, among other places, in the beaches, in the swimming pools or in the field.

Until now, state regulations required the use of outdoor mask only when the distance between people it was less than a meter and a half, although there were various regional regulations that modified these regulations depending on circumstances.

Starting tomorrow, the mask in outdoor spaces will be mandatory by law throughout Spain: there will be no exceptions for autonomous communities.

Among the measures contemplated in the text, which will enter into force tomorrow and will remain until the end of the pandemic, the obligation for people is maintained, from the age of six, to wear a mask on public roads, in outdoor spaces and in any closed space for public use or that is open to the public, even if the safety distance of 1.5 meters is maintained.

The use of a mask was not mandatory in almost any community, for example, when sunbathing on beaches or swimming pools, or when walking in the mountains or by the sea, as long as the safety distance was guaranteed.

In some regions, such as Andalusia, this measure was already imposed last summer with fines of up to 100 euros in the case of non-compliance. It could only be removed during bathing or consuming any product.

In any case, the mask will not be required for people who have any 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 autonomy to remove the mask , or they present behavioral alterations that make their use unviable.

“It will not be required either in the case of individual outdoor sport, or in cases of force majeure or situation of necessity or when, due to the nature of the activities, the use of the mask is incompatible, in accordance with the indications from the health authorities, “the document states.

Tourist accommodation

The BOE also recalls that the competent administrations must ensure compliance by the holders of hotels and similar accommodation, tourist accommodation, and other short-stay accommodation, campsites, caravan parks of the standards of capacity, disinfection, prevention and conditioning.

“In particular, it will be ensured that in the common areas of said establishments the appropriate organizational measures are adopted to avoid crowds and guarantee that clients and workers maintain a minimum interpersonal safety distance of 1.5 meters. When it is not possible to maintain said distance from security, adequate hygiene measures will be observed to prevent contagion risks “, the regulations assure.

AENA controls

The BOE also refers to the health and operational controls at airports managed by Aena, which will have to make available to the central and peripheral Foreign Health services “temporarily” the human, health and support resources, necessary to guarantee the sanitary control of the entry of passengers on international flights at airports, “under the terms that, by mutual agreement, are arranged between Aena and the Ministry of Health”.

Aena will have the right to recover the costs it incurs as a result of the collaboration with the health authorities and of the other operational safety and hygiene measures that it has to adopt as a result of the pandemic.

In calculating the recovery of costs, possible subsidies or other types of financial aid that the Spanish airport manager may eventually receive will be discounted.

These costs will be recovered within the framework of the Airport Regulation Document (DORA) and, therefore, will be analyzed and supervised by the National Markets and Competition Commission. “If these costs cannot be recovered within the framework of DORA 2017-2021, with the objective of minimizing the impact of its application on the sector, they may be recovered, duly capitalized, in any of the following DORAs”, the regulations ensure.

Guarantee the stock

In relation to manufacturers and holders of marketing authorizations of those medicines considered essential in the management of the health crisis caused by COVID-19, the document states that they must notify the Directorate of the Spanish Agency for Medicines and Health Products ( AEMPS) the ‘stock’ available, the quantity supplied in the last week and the forecast of release and receipt of batches thereof, including the dates and estimated quantities.

In addition, it includes that the competent administrations will ensure the sufficient availability of health professionals with the capacity to reorganize them in accordance with the priorities at all times.

Likewise, it refers to the guarantee of a sufficient number of professionals involved in the prevention and control of the disease, its early diagnosis, attention to cases and epidemiological surveillance.

The unit sale of surgical masks that are not individually packaged can only be carried out in pharmacies, guaranteeing adequate hygiene conditions that safeguard the quality of the product.


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