The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

CORONAVIRUS AND TOURISM IN SPAIN 291 5. TRANSITION TOWARDS THE “NEW NORMAL” The fight against the pandemic, following the advice of the WHO, has demanded, among other measures, the confinement of the entire population in their homes, the imposition of limitations on freedom of movement through roads or public spaces, the closure of borders and the suspension of all tourist and leisure activities. Nevertheless, these restrictions cannot last longer than necessary because the repercussions on the economy and on employment would be even worse. Communication 2020/C126/01 from the Commission on the Common European Roadmap for lifting the containment measures of COVID-19 (DOUE 17/04/2020) warns that successfully managing the gradual elimination of confinement measures requires a combination of accompanying measures relevant to all Member States. The proposals include a gradual approach to reopening internal and external borders that ultimately leads to the normal functioning of the Schengen area; and it also foresees a gradual authorisation of concentrations of people, depending on the activity (commerce, restaurants, cafés, festivals, concerts, etc.). The Council of Ministers approved, on 28 April, the Transition Plan towards the New Normality (PTNN), taking into account the principles of the WHO, of 16 April 2020, when it comes to loosening the restrictions of confinement, specifically: 1) breaking the transmission chain; 2) have sufficient sanitary resources; 3) minimise risks in places with a high potential for contagion; 4) establish preventive measures in the workplace; 5) manage the risk of importing and exporting more cases beyond our borders; and 6) increase citizen commitment. The transition should be gradual, asymmetrical, in coordination with the Autonomous Communities and adaptable to the necessary changes in orientation depending on the evolution of epidemiological data and the impact of the measures adopted. The “de-escalation” phases will be determined by the situation of each one of the territories in four main areas: 1) strategic capacities, which include strengthened healthcare, an early detection and control capacity for the sources of contagion and reinforcement of collective protection measures; 2) indicators of mobility; 3) economic indicators; and 4) social indicators. The Government has proposed four phases of de-escalation, with certain determinations specified in the Annex of the plan:

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