01/05/2020
‼️Important Update‼️
Full translation of the BOE regarding permission to practice physical activity during the State of alarm. Published 01/05/2020 by the ministry of health:
Translated by Torrevieja Translators
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Official State Bulletin
Ministry of health
Order SND/380/2020, of April 30th, on the conditions in which non-professional physical activities can be carried out outdoors during the situation of the health crisis caused by COVID-19.
Due to the rapid evolution of the public health emergency caused by COVID-19, nationally and internationally, the Government, under the provisions of Article 4, sections b) and d), of the Organic Law 4/1981, of June 1st, of the alarm states, exception and site, declared, via the Royal Decree 463/2020, of March 14th, the state of alarm throughout the national territory in order to fight the health crisis, which has been extended three times, the last occasion in the of Royal Decree 492/2020, of April 24th, until 00:00 on May 10th, 2020, in the terms expressed in said regulations.
Article 4.2.d) of the aforementioned Royal Decree 463/2020, of March 14th, determines that, for the ex*****on of the functions provided for therein and under the highest department of the President of the Government, the Minister of Health is to have the status of delegated competent authority, both in its own field of responsibility and in other areas that do not fall within the specific scope of competence of the other Ministers designated as the delegated competent authority for the purposes of this royal decree.
Specifically, in accordance with the provisions of article 4.3 of Royal Decree 463/2020, of March 14th, the Minister of Health is empowered to issue orders, resolutions, provisions and interpretive instructions that, within its scope of action as delegated authority, are necessary to guarantee the provision of all services, both ordinary and extraordinary, in order to protect the people, property and locations, by adopting any of the measures provided for in article 11 of Organic Law 4/1981, from June 1st.
Article 7.1 of Royal Decree 463/2020, of March 14th, limits the freedom of movement of people, with a series of exceptions, such as the assistance and care of the elderly in paragraph e), the situation of need, in its paragraph g), or any other activity of a similar nature in paragraph h).
On the other hand, in accordance with article 7.6 of the aforementioned royal decree, the Minister of Health may, in response to the evolution of the health emergency, issue orders and instructions regarding the activities and movements referred to in the first to the fourth paragraphs of this article, with the extent and territorial realm determined within those.
The evolution of the health crisis that develops in the context of the alarm state, forces continuous adaptation and re-specification of the measures adopted, to ensure efficiency in the management of the crisis. In this context, it is necessary to issue an order to clarify the way in which, while respecting the necessary prevention and hygienic measures in place, people 14 years of age and older can return to performing physical activity outdoors.
For the purposes of the provisions of this order, said physical activity constitutes both the performance of non-professional individual sporting activities without contact, and daily walks.
The practice of physical activity and the reduction of a sedentary lifestyle are factors that have a positive influence on the improvement of people's health, on the prevention of chronic diseases and therefore, on the quality of life as well as the life expectancy of the population. Thus, regular physical activity has multiple benefits, such as, for example, improving emotional well-being, immune functionality, reducing the risk of developing certain diseases such as type 2 diabetes, cardiovascular diseases and in general improves the physical condition. Also, practising physical activity outdoors has additional benefits, such as exposure to natural light for the absorption of vitamin D or mental health benefits.
In addition to these benefits, for the older adult population, physical activity is also a key factor in maintaining adequate functionality, lower risk of falling, better preserved cognitive functions and the prevention of possible moderate and severe functional limitations.
In turn, permitting leave to practice physical activity is a measure of impartiality, since housing conditions and lifestyles are not the same in all households, so the declaration of the state of alarm has an impact of inequality within the population, especially affecting those households living in the most vulnerable living conditions.
Despite the aforementioned benefits, at the current time of the health crisis, and in order to protect one of the most vulnerable groups, the practice of physical activity provided for in this order by residents in centres for the elderly.
Taking into account the benefits associated with the practice of a physical activity, together with the negative effects associated with a sedentary lifestyle derived from the declaration of the state of alarm, it is considered that there is a situation of need that covers, in accordance with the provisions of the article 7.1.g) of Royal Decree 463/2020, of March 14th, and in line with the purpose of its article 7.2, the possibility that people 14 years old and above resume physical activity outdoors, provided that while doing so the appropriate security measures are taken into account. Similarly, the activities permitted by this order are necessary for the physical and psychological well-being of the population, understanding, therefore, that it is an activity of a similar nature, in accordance with the provisions of article 7.1.h), to the assistance and care to certain groups outlined in paragraph e) of this article.
In the mobility authorized by this order, the need to avoid crowds has been taken into account, which is why the use of public space has been rethought in favour of those who walk and cycle, in that order of priority, while different time sections are established for the practice of physical activity. These measures would facilitate the upholding of the recommended interpersonal distance and contact with nature and vegetation, with a proven beneficial effects on health.
Likewise, for this same purpose, the time slots in which it will be permitted to travel on the public roads and spaces is modified in accordance with the provisions of Order SND / 370/2020, of April 25th, on the conditions the that movements of the younger population must be executed during the health crisis caused by COVID-19, provided that said activity is to be carried out between 12:00 noon and 7:00 p.m.
Likewise, the recommendation for the adult population is to carry out at least 150 minutes of moderate activity per week or 75 minutes of vigorous activity or an equivalent combination of the aforementioned, complying with said recommendation within the limits outlined in this order.
Therefore, it is necessary to issue an order to interpret and specify, in accordance with the powers provided for in articles 4.3 and 7.6 of Royal Decree 463/2020, of March 14th, in which cases it is allowed, according to the provisions in article 7.1, paragraphs e), g) and h), of the aforementioned royal decree, the practice of non-professional outdoor physical activity, and under what safety conditions it must be carried out so that it does not have a negative impact on the evolution of the epidemic, while the population obtains the maximum benefit for their physical and mental health.
By virtue, I dispose:
Article 1. Purpose:
The purpose of this order is to establish the conditions in which people 14 years of age and above may carry out non-professional outdoor physical activity during the validity of the state of alarm.
Article 2. Permitted travel for the practice of physical activity:
✅1. Persons 14 years old and above are empowered to travel on public roads or spaces to practice the physical activities permitted by this order, in accordance with the provisions of article 7.1, paragraphs e), g) and h) of Royal Decree 463/2020, of March 14th, declaring a state of alarm for the management of the health crisis caused by COVID-19.
✅2. For the purposes of the provisions in this order, the non-professional practice of any individual sport that does not require contact with third parties, as well as walks, are permitted. Said activities may be carried out once daily and during the time periods indicated in article 5.
✅3. During the walks you can go out accompanied by one cohabiting person. However, those who out of necessity, have to be accompanied may also do so by a person hired as household help or a regular caregiver.
The non-professional practice of any individual sport that does not require contact can only be carried out individually. However, those who out of necessity, have to be accompanied may also do so by a person hired as household help or a regular caregiver.
✅4. The walks will be carried out with a distance of no more than one kilometre from the residence. Said limitation will not be applicable to the non-professional practice of any individual sport, this being permitted anywhere within the municipality where one resides.
❌5. People who present symptoms or are in isolation due to a diagnosis of COVID-19, or who are in a home quarantine period due to having been in contact with someone with symptoms or diagnosed of COVID-19, may not use the authorization contained within section 1. Likewise, residents of centres for the elderly may not make use of this authorization.
✅6. The trips referred to in this article are understood without prejudice to those generally permitted in article 7 of Royal Decree 463/2020, of March 14th, as well as by Order SND/370/2020, of April 25th, on the conditions in which travel by the child population having to take place during the health crisis caused by COVID-19, and these may be amassed.
Article 3. Requirements to avoid contagion:
‼️1. During the practice of the physical activities authorized by this order, an interpersonal distance with third parties of at least two meters must be maintained.
‼️2. Busy spaces should be avoided, as well as those places where there may be crowds.
‼️3. As far as it is possible, the physical activity permitted by this order must be carried out continuously, avoiding unnecessary stops on public roads or spaces. When, due to the physical conditions of the person carrying out the activity, it is necessary to make a stop on the roads or spaces for public use, it will be carried out for no longer than strictly necessary.
‼️4. The prevention and hygiene measures against COVID-19 indicated by the health authorities must be complied to.
‼️5. To enable the safety distance to be maintained, local entities will facilitate the distribution of public space in favour of those who walk and those who ride bicycles, in that order of priority.
Article 4. Permitted locations:
✅1. It is permitted to travel on any public road or space, including authorized natural areas and open space reserve, provided that the limits established in this order are respected.
❌2. Access to closed sports facilities for the practice of the activities outlined in this order is not permitted.
❌3. No motorized vehicle or public transport may be used to travel to public roads or spaces, in order to practice the physical activity described in this order.
🕐Article 5. Time slots:
1. The following time slots are established for carrying out the activities provided for in article 2.2:
🕕 a) Individual sport and walks can only be carried out between 6:00AM - 10:00AM and between 8:00PM - 11:00PM.
🕙 b) Those people who need to be accompanied for reasons of need and people over 70 years of age may practice individual sport and walk between 10:00AM - 12:00PM and between 7:00PM - 8:00PM. People over 70 years old can go out accompanied by a cohabiting individual between the ages of 14 and 70.
‼️2. The time slots provided for in this article shall not apply to those municipalities and entities with a territory less than the municipality that administers separate population centres, with a population equal to or less than 5,000 inhabitants, in which the practice of activities permitted by this order can be carried out between 6:00AM - 11:00PM.
3. Exceptionally, these time slots may not be applicable in those cases in which, for duly accredited medical reasons, the practice of physical activity is recommended outside the established slots, as well as for justified reasons of conciliation of the persons' companions. Elderly, minors or the disabled.
1️⃣Single additional provision. Measures in relation to residential social centres or other similar residential services.
❗️The autonomous communities, respecting in any case what is regulated in this order, may, in the exercise of their powers, adopt the necessary measures to adapt the application of the above provisions, in relation to people residing in social residential centres or other similar residential services.
1️⃣First final provision.
Modification of Order SND/370/2020, of April 25th, on the conditions in which movement by the infant population must take place during the health crisis caused by COVID-19.
❗️Amending section 1 of article 2 of Order SND/370/2020, of April 25th, on the conditions in which movements by the child population must take place during the health crisis caused by COVID-19, which is drawn up in the following terms:
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