Limitations to nautical activity in relation to RD 463 / 2020 declaring the state of alarm for the management of the health crisis situation caused by COVID-19

In the framework of the measures published by Royal Decree 463 / 2020 declaring the state of alarm for the management of the health crisis situation caused by COVID19, from Anen we are offering the maximum cooperation and predisposition to the authorities that exercise competence over our sector.

In this regard and for the purpose of reporting on the measures that were published yesterday in connection with the Royal Decree, we will then highlight the most relevant in terms of the nautical activity that takes place in our country.

Notwithstanding the above, the measures summarized below are without prejudice to other additional or additional restrictions or limitations established by the CCAQ or maritime captains and to be taken care of by the employers and users of the sector we represent.

As regards professional nautical activity

First, we must make it clear that this Royal Decree does not prohibit work in the workplace. In fact, one of the few cases in which the movement of people is authorized is precisely that: to go and return from the workplace. Article 7.1.c explicitly authorizes it "Displacement to the workplace for the purpose of providing work, professional or business benefits."
However, the decree does suspend any retail activity that is not of primary need. In other words, they can only open (and therefore work for the public) "the shops of food, drinks and products of primary need, pharmaceutical, medical, optical, orthopedic, hygienic, press, fuel, watertight, technological and telecommunications equipment, pet food, dry cleaners, hairdressers, internet, telephone or correspondence trade."

This means, for example, that the activities of service companies or nautical companies shall be prohibited from opening them to the public without prejudice to the fact that staff may be working within them in accordance with the measures established by the Ministry of Health, Consumer and Social Welfare.

The same will apply to industrial activities such as repair or construction of vessels in the sense that their workers will be able to carry out the professional activities without the possibility of having contact with the public or customers.

Without prejudice to the above, we recommend in any case the desirability of enhancing "telework" provided that the activity allows it and thus prevents the movement to the workplace.

Sports activities (including sailing) or recreational activities with a private mood

Article 10.3 of the Royal Decree also suspends all types of sports and leisure activities as set out in the Annex to this legislation. In particular, the Annex provides for "nautical tests and exhibitions" as well as for those sports-recreational activities that take place in venues, without spectators, intended for the practice of sports-recreational for public use. In any of its forms.

As a result, all activities relating to water races or tests and exhibitions are prohibited. As regards private recreational navigation, although the Royal Decree does not
expressly prohibits, we believe that it is not implicitly permitted since it is prohibited to move through public use routes to carry out this activity (the transfer to the nautic-port facility) unless it is for an exclusively professional matter. The same would be extended to any nautical activity that is intended to develop on our beaches, especially when many of them have been closed to the public.

We therefore call for maximum responsibility for those who intend to carry out these activities and to avoid exits with recreational vessels or nautical devices while the state of alarm is in place. Otherwise they may be subject to the sanctions regime established by the Royal Decree.

Professional activity in the náutico-sports facilities

As we have indicated above, professional activity in these facilities is not prohibited provided that it respects and limits attention to the public, which will be suspended. Moreover, these facilities will probably have to ensure minimum services for the purpose of responding to maintenance and safety emergencies in nautical facilities, but in any case public attention should be avoided.

For this reason, and in order to meet this objective, the national sports facilities must remain closed.

However, catering or hotel activities shall be prohibited if such a facility has this offer, and these activities shall be suspended while the state of alarm is maintained. If the facility provides gym service or other similar activities, such services will also be suspended.

Consequences for non-compliance

It states that the non-compliance with or resistance to the orders of the competent authorities in the state of alarm shall be punishable in accordance with the laws, as set out in article 10 of Organic Law 4 / 1981 of 1 June 1981.

Carlos Sanlorenzo
Secretary-General Anen