Royal Decree 463/2020, of March 14, declared the state of alarm for the management of the health crisis situation caused by COVID-19, which has been extended three times by Royal Decree 476/2020, of March 27, 487/2020, of April 10, and 492/2020, of April 24. The last extension extends until 00:00 hours on May 10, 2020.
Under the state of alarm, various containment measures have been taken to interrupt the spread of the virus. Along with this, provisions have also been issued in order to ensure the provision in the national territory of the services considered essential, in accordance with article 18 of Royal Decree 463/2020, of March 14.
Transport services must include maritime freight and passenger services, which are essential to guarantee national supply and passenger mobility, especially between the Peninsula and non-peninsular national territories, as well as between them. Consequently, it is necessary to ensure the mobility of workers performing their duties on board ships, including their access to accommodation services.
Among these provisions are Order INT / 270/2020, of March 21, which establishes criteria for the application of a temporary restriction on non-essential travel from third countries to the European Union and Schengen associated countries for reasons of order. public and public health due to the health crisis caused by COVID-19, whose article 1.1.e)exempts personnel dedicated to the transport of goods, in the exercise of their work activity, from the refusal of entry across borders. Order INT / 356/2020, of April 20, which extends the criteria for the application of a temporary restriction on non-essential travel from third countries to the European Union and Schengen associated countries for reasons of public order and public health Due to the health crisis caused by COVID-19, it extends these criteria until May 15, 2020; in addition to clarifying that the personnel dedicated to the transport of goods include the crew of the ship.
Likewise, Order INT / 368/2020, of April 24, which extends the controls at the internal land borders restored due to the health crisis caused by COVID-19, in its sole article, section 4 , except for the restrictions on the entry into our territory by land to the transport of goods, in order to ensure the continuity of economic activity and preserve the supply chain.
In the international sphere, the International Maritime Organization (IMO), through its Secretary General, has issued a series of recommendations to facilitate maritime and port operations during the COVID-19 pandemic, in order to guarantee the continuity of operations of maritime transport and ports under its jurisdiction, so that supply chains are not interrupted and that the world economy, and society as a whole, continue to function during the pandemic. In this regard, IMO recommends that professional seafarers and marine personnel, regardless of nationality, be designated as “key workers” providing essential service,and grant necessary and appropriate exemptions from national travel or movement restrictions in order to facilitate their entry or exit from ships.
For the same purpose, the European Commission has ruled through different Guidelines regarding the movement of workers in the transport sector when they need it, as well as those who participate in international transport, in addition to allowing such workers to enter the territory of the State host member and smooth access to their workplace if they are in particularly critical occupations, such as transport workers, including sea and inland waterway workers, and fishermen [Communications (C (2020) 1753 final ), (C (2020) 1897 final), (C (2020) 2050 final) and (C (2020) 2051 final)].
In particular for the maritime field, the European Commission has communicated the Guidelines on the protection of the health, repatriation and travel arrangements of seafarers, passengers and others on board ships [C ( 2020) 3100 final], with guidelines aimed at allowing seafarers to cross borders and transit through other territory to join their jobs on board ships and return to their country of origin after the end of the contract , thereby favoring the repatriation and crew changes of ships.
By virtue of this, with the agreement of the Ministry of the Interior, and under the provisions of articles 4 and 14 of Royal Decree 463/2020, of March 14, I provide:
Article 1. Purpose.
1. The purpose of this Order is to establish the documentation that the crew of the ships may provide to prove their condition and, in this way, facilitate the crossing of borders and their movement through Spanish territory, in order to ensure the provision of services. of maritime transport. All this, in the framework of the activities allowed by article 7.1 of Royal Decree 463/2020, of March 14, which declares the state of alarm for the management of the health crisis situation caused by COVID-19 , and in relation to article 18 of the same royal decree on essential services related to supply.
2. The provisions of this Order do not exempt from the fulfillment of the other necessary requirements for the crossing of borders.
Article 2. Scope of application.
This Order is applicable to the crew of ships, regardless of their nationality, who intend to board or disembark on a ship.
Article 3. Movement of the crew of the ships.
During the validity of the state of alarm, the crew of the ships may circulate through Spanish territory or cross internal and external borders, with the sole purpose of returning to their place of residence, boarding or disembarking a ship that is in Spanish port or foreigner, in accordance with the provisions of Royal Decree 463/2020, of March 14, and the provisions that develop it.
Article 4. Documentation.
The crew of the ships will prove their condition when required, in order to facilitate their circulation in the terms provided in article 3, by submitting, among others, the following documents:
a) Card or professional certificate (Certificate of competency or proficiency) or seaman’s identity document or Seafarers’ identity document or Discharge book.
b) Written or employment contract of the shipping company, the recruitment and placement agency or the Captain of the ship, proving his designation as crew member (Employment agreement or Letter of appointment). This documentation will include, at least, the name and flag of the ship, the port where it is located and the estimated date for boarding or disembarking.
Article 5. Access to tourist accommodation.
The crew of the ships will have access for the essential time to the tourist accommodations declared as essential services of the annex of the Order TMA / 277/2020 , of March 23, by which essential services are declared to certain tourist accommodations and provisions are adopted Complementary, modified by Order TMA / 305/2020 , of March 30, when necessary to comply with the rest periods provided for the crews or to carry out the movements of the crew to or from the Spanish port where the ship is located .
Unique final provision. Effects.
This Order will be applicable from its publication in the «Official State Gazette» until the end of the validity periods established in Order INT / 356/2020 , of April 20, which extends the criteria for the application of a temporary restriction of non-essential travel from third countries to the European Union and Schengen associated countries for reasons of public order and public health due to the health crisis caused by COVID-19, and in Order INT / 368/2020, of April 24, which extends the controls at the internal land borders restored due to the health crisis caused by COVID-19; without prejudice, where appropriate, to any extensions that may be agreed regarding each of the orders.
Madrid, April 28, 2020. – The Minister of Transport, Mobility and Urban Agenda, José Luis Ábalos Meco.
