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Fifth extension of the State of Alert and resumption of deadlines

| COVID-19

Regarding the 22nd May Royal Decree 537/2020, extending the state of alert declared by Royal Decree 463/2020

On Saturday 23 May, the BOE (official state Gazette) published the 22nd May Royal Decree 537/2020, extending the state of alert ("RD 537/2020") declared by the 14th March Royal Decree 463/2020, for the management of the health crisis situation caused by Covid-19 ("RD 463/2020"). The RD 537/2020 orders the publication of the authorisation resolution, which is the fifth extension agreed since its declaration on 14th March 2020.

The following is a summary of the most relevant issues of RD 537/2020.

 

MOST RELEVANT ASPECTS OF RD 537/2020

 

Matter

 

Content

Extension of Alert Status and Duration

(Article 1 and 2)

 

The state of alarm declared by RD 463/2020 is extended until 00:00 hours on 7 June 2020.

 

Said extension will be subject, with the exceptions detailed below, to the same conditions regulated by RD 463/2020. 

 

Loss of effects of

measures resulting from the declaration of the state of alert

(Article 5) 

If all the phases foreseen in the Plan for the de-escalation of the extraordinary measures adopted to face the Covid-19 pandemic are exceeded, the measures derived from the declaration of the state of alert in the corresponding provinces, islands or territorial units will be rendered ineffective.

 

Suspended procedural deadlines

(Article 8 and single exemption provision)

With effect from 4th June 2020, the suspension of procedural deadlines will be lifted.

Suspended administrative deadlines

 (Article 9 and single exemption provision)

 

With effect from June 1st 2020, the computation of the administrative periods that had been suspended will be resumed, or will be restarted, if so provided in a regulation with the rank of law approved during the validity of the state of alarm and its extensions.

 

 

Suspension of period of prescription or limitation (Article 10 and single exemption provision) 

 

With effect from 4th June 2020, the suspension of limitation and lapse of rights and actions shall be lifted. 

 

 

Maintenance of the validity of orders, resolutions, provisions and instructions issued by the delegated competent authorities

(Article 11) 

Orders, resolutions, provisions, and instructions issued by the delegated competent authorities shall remain in force provided that (i) they do not oppose the provisions of other subsequent ones, (ii) or the provisions of RD 537/2020.

Other issues

 

a.- A procedure for de-escalation is established by which the State Government may agree on the progression/regression of the phases and measures applicable in a given territorial area - art. 3 RD 537/2020-.

 

b.- The Government may reach agreements with each Autonomous Community for the modification, extension, or restriction of the units of action and the limitations on the freedom of movement of each territory - art. 4 RD 537/2020-.

 

c.- During the period of validity of this extension, the competent authority delegated to exercise the functions contained in RD 463/2020 shall be the Minister of Health.

 

d.- The relaxation of containment measures and the resumption of face-to-face activities in the field of non-university education and training is envisaged - art. 7 RD 537/2020-. 

 

The implementation of this RD 537/2020 will take effect on the day of its publication in the Official State Gazette: 23rd May 2020.

The full Royal Decree can be seen on  this link.

We hope the information is useful and of your interest. At Andersen Tax & Legal we have created a multidisciplinary team to attend to all the questions that may arise on this aspect or in relation to the COVID-19.

You can download the full PDF file here.

For more information, please contact:

Comité COVID

comite.covid@andersentaxlegal.es

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