State toughens rules on wearing masks, as Catalonia did in summer

MadridFrom tomorrow, Wednesday, the mask will be mandatory throughout the state regardless of whether or not the interpersonal distance of 1.5 meters is kept in all spaces that are not private, also in the middle of the forest or the top of a mountain. The decision, published in the Official State Bulletin (BOE) on Tuesday, does not mean any change for Catalans nor for the majority of citizens of other regions, since last summer most regional governments, such as the Catalan, passed their own law stating it had to be worn at all times. Now the novelty is that the decree that regulated the so-called new normality once the state of alarm ended, in June last year, has been approved in the form of a law. And the rule, after passing through the Spanish Parliament and Senate, pushes for stricter rules on masks, making them compulsory when you are on the sand on the beach or in a pool that is not private, a possibility that the Generalitat already ruled out when the debate took place last summer.

Specifically, the Spanish law now requires you to wear a mask in all situations, whether you are in the mountains or in a space where you cannot see anyone else. The intention is that the rule is in force until the Spanish government and the autonomous communities agree that the health crisis has ended and reform some of the articles. Thus it is written that people over six have the obligation to wear a mask on public roads, both in outdoor spaces and in any enclosed space for public use or that is open to the public. Also in air, sea, bus and train transport, as well as in taxis and vehicles with up to nine seats which are used by different cohabitation bubbles. In the case of cruise ships, the use of the mask inside the cabin will not be compulsory.

However, the law stipulates again that the mask cannot be required for people who have some kind of disease or respiratory difficulty that may be aggravated by the use of this protection or who, due to disability or dependence, do not have the autonomy to remove it. Nor is it required in the case of the exercise of individual outdoor sports, "or in cases of force majeure or situations of necessity when, by the very nature of the activities, the use of the mask is incompatible, according to the indications of the health authorities". It is just in this last point where each community is given leeway to decide - as Catalonia did in summer - what happens in areas such as beaches and swimming pools, as well as inside bars and restaurants while not eating. In the case of Madrid, for example, it is mandatory to wear a mask while not eating -since the hospitality industry is not limited-, but in many cases the regulation is not observed.

Legal validity of the €100 penalties

For practical purposes the new normality law published in the BOE will not mean any change for the Catalancitizens of Catalonia in the short term. Perhaps the only difference will be that for the first time legal validity is given to €100 penalties for not wearing a mask. The fact is that the decree of the Generalitat already eliminated the interpersonal distance, but generated doubts because at state level the decree allowed people not to wear it if they were over 1.5m away.

The rule was approved two weeks ago in the Senate after being easily passed through Parliament. The text includes minimal changes with respect to last June's decree of new normality. Beyond the changes to mask use, it requires regional Health Departments to provide all the information they have to the Spanish Ministry of Health on diagnostic tests for detection of coronavirus, and also enables officials of the Labour Inspectorate and those of the autonomous communities to ensure compliance of employers in terms of public health standards for their workers. In the field of research, it extends temporary contracts that expire between April 2, 2021 and April 1, 2023 - to be paid by the Ministry of Science - for a maximum of five months.