After previous judicial setbacks, on December 9, the Order of November 29, 2021, has finally been published in the Official Gazette of the Canary Islands (BOC), already counting with the support of the Superior Court of Justice of the Canary Islands, which authorizes establishments to increase their capacity, number of people per group and schedule closing times according to the activity and space, as well as the different levels of health alert for COVID-19 established per island.
Specifically: “In centers, facilities, activities or spaces for public use whose managers voluntarily choose to require their workers and users above 12 years and 3 months of age the accreditation, also voluntary, of absence of active infection of COVID-19, the capacity, number of people per group and closing times in force at all times for each activity and space will be applied at the alert level immediately lower than that existing on the corresponding island. In the event that the existing alert level is 1, the capacity limitations, number of people per group and closing times in force at all times for said level will not apply.”
The list of centers, facilities, establishments, premises, activities and spaces for public use is contained in Decree Law 11/2021, of September 2, which establishes the legal health alert regime and the measures for the control and management of the COVID-196 pandemic in the Canary Islands:
- a) Establishments and retail stores and professional service activities which do not have the status of shopping centers.
- b) Shopping centers in their common and recreational areas and in each of the establishments and commercial premises located in them.
- c)Tourist accommodation establishments in their common areas.
- d) Establishments and other hospitality and restaurant activities that offer consumption in premises,home delivery or collection, when integrated into other establishments or activities as well as being of an independent nature.
- e) Establishments and cultural activities such ascinemas, theaters, auditoriums, fixed cultural spaces of public ownership, museums, exhibition halls, monuments, libraries, reading rooms, archive offices and other cultural facilities.
- f)Tourist guide and active tourism activities.
- g) Public shows, fairground attractions and other recreational activities.
- h)Beaches,swimming pools for collective use, spas and saunas.
- i) Places of religious worship, religious or civil celebrations, vigils and burials.
- j) Equipment and facilities for sports activities and competitions.
- k) Gambling and betting establishments and venues.
- l) Children and youth camps, camping, shelters, non-social shelters and overnight camps.
- m) Markets that carry out their activity on public roads (flea markets).
- n) Academies,driving schools and non-regulated educational centers and training centers.
- o) Congresses,encounters, meetings, business meetings, meetings of collegiate bodies of public and private entities, meetings of communities of owners, holding events and similar acts, as well as oppositions and other selective procedures or holding official exams.
- p) Recreational and leisure boats with economic activity. q) Student residences, recreational centers for young people and children, children’s play centers, neighborhood, cultural and similar associations.
- r) Nightlife: discos,cocktail bars and karaoke bars.
- s) Public spaces susceptible to crowds and holding “botellones“.
- t) Musical performances.
- u) Public land passenger transport.
- v) Tasting of food products.
- w) Parties,festivals and other popular events.
Well, once the measure is settled, it is worth considering, since the norm does not develop anything, the practical aspect of the question, that is, how it is to be carried out.
In the first place, it is important to bear in mind that data cannot be collected or filed, but simply to establish the voluntary display and collation of the corresponding documentation.
In order to carry out the timely verification, https://lectorcovid.com/tutorial has become available to use, which will shortly be complemented with apps for mobile devices in order to perform the verification as follows:
The COVID SCS Reader app can be used to scan COVID certificate QR codes for authenticity and validation.
Functionalities
Verify the validity of the data of an EU digital COVID certificate (CCD-EU) from the quick scaning of the QR code associated with it.
Check other data conditions in order to approve the accreditation, such as:
In the event of a test certificate: the test date must have been carried out a maximum of 2 days (48 hours) in advance.
In the event of a vaccination certificate: the complete vaccination schedule must have been applied in accordance with the provisions of the Vaccination Strategy against COVID-19 in Spain, starting 14 days after the date of administration of the last dose of the complete vaccination regimen.
In the event of a recovery certificate: certify having passed the illness between 11 and 180 days prior to the reading.aquí
Given the above, in the absence of express provisions, we understand that the application of the measure must comply with the general regulations on the right of admission.
Therefore, visual posters and information to potential customers is paramount.
The supervision of compliance with the measure is subject to the inspection activity of Public Health and the Security Forces and Corps, so that, in principle, it would be a matter of having enough evidence to justify, if necessary, that the capacity and schedule is correct and complying with the norm. That is, a trace with the posters and all the information, which effectively allows the establishment to carry out the control protocol for the display of documentation, use of the app, notify employees regarding the new measures, etc. to be compared.
Regarding the employees, we believe that businesses can simply send a communication through their usual means. However, doubts are being raised regarding employees who do not wish to exhibit this documentation and the voluntary nature of this measure in relation to the right to work, therefore, except for the best judgment of specialized advisers in the matter, the implementation will require the consent of all employees.
Finally, it is worth highlighting the temporary nature of the measure, which is initially scheduled until January 10,2022, although it is subject to extensions, so it must be aware of possible successive agreements.
Ultimately, the practical aspect of the measure is to keep a record of their proper application, with timely information to users and employees (the latter becoming an essential part for the possibility of application and execution).
Ana Montesdeoca
Lawyer. Litigation Department
