ATTENTION.The HTML version of this document is not official.To get an official version, you need to download the file in PDF format.82 pages.File format in PDF/Adobe Acrobat.Size: 595.6 Kb. BOC-A-2022-113-1923.Electronic signature - DownloadBe known to all citizens that the Parliament of the Canary Islands has approved and I, on behalf of the King and in accordance with the provisions of article 47.1 of the Statute of Autonomy of the Canary Islands, promulgate and order the publication of Law 2/2022 , of June 6, which establishes the legal health alert regime and the measures for the control and management of the COVID-19 pandemic in the Canary Islands.TITLE I. GENERAL PROVISIONS.Article 4. Precautionary principle.Article 5. Duty of collaboration.Article 6. Duty of caution and protection.TITLE II.GENERAL PREVENTION MEASURES.Article 7. General regime.Article 8. General prevention and hygiene measures.Article 9. Use of masks.Article 10. Interpersonal safety distance.Article 11. Capacity regime.Article 12. Isolation and quarantineArticle 13. Regime of massive events.Article 14. Performance of diagnostic tests.Article 15. Screening.Article 16. Performing contagion and contact tracing.Article 17. Rated treatments of personal data in relation to the epidemiological situation and contacts.Article 18. Inspection, control and penalty system.Article 19. Judicial authorization or ratification.TITLE III.HEALTH ALERT LEGAL REGIME DURING THE COVID-19 PANDEMIC.Chapter I. System of alert levels.Article 20. Alert levels.Article 21. Establishment of alert levels.Article 22. Applicable measures at the different alert levels.Chapter II.Measures applicable at the different alert levels for the protection of health.Article 24. Applicable measures at alert level 1.Article 25. Applicable measures at alert level 2.Article 26. Applicable measures at alert level 3.Article 27. Applicable measures at alert level 4.Single.- Extraordinary measures of a budgetary nature.First.- Regime applicable to health, educational and social centers, as well as transport.Second.- Health alert level and applicable measures at the time of entry into force of this law.Sole.- Regulatory derogation.First.- Specific modification of the Canary Islands Sanitary Regulation Law.Third.- Entry into force.Annex I. Recommendations for the prevention of contagion by SARS-CoV-2.Annex II.Specific measures regarding cleaning and disinfection, capacity and safety distance.Annex III.Preventive measures for establishments, activities and specific spaces.COVID-19 has triggered a serious public health emergency for citizens, societies and economies worldwide, elevated to an international pandemic by the World Health Organization on March 11, 2020, posing significant challenges for public administrations since then at all levels.Its evolution has been vertiginous, requiring urgent and highly effective responses and coordination from the perspective of public action at all institutional levels that operate in the Autonomous Community of the Canary Islands, facing an extremely complex context due to the mutations of the virus and the appearance of new variants, despite the high vaccination rates achieved.The Canary Islands have reached 82% vaccination of their entire population within the planned period, a figure established as ideal to achieve the so-called group immunity that can stop the spread of the virus and promote the definitive return to the so-called new normality.An essential factor in achieving this milestone has been the massive collaboration of the population in availing themselves of this preventive practice, which continues at a rate that suggests higher levels of immunization in the short term.These facts, of great importance, make it possible to face the management of the pandemic with encouraging prospects that make it easier to reconcile the fight against the two crises that this virus has caused, the health crisis and the economic crisis, which must be combated with measures that, in a delicate balance, , allow the recovery and overcoming of the devastating effects of both.However, the virulence and behavior of this pathogen does not allow us to lower our guard, mainly due to the lack of scientific knowledge derived from the lack of precedents.The transmissibility of emerging strains is increasingly rapid and of greater magnitude, ultimately resulting in an increase in the number of diagnosed cases and incidence rates and subsequently in healthcare.The greater transmissibility of the omicron variant, or eventually of the later ones, should not be forgotten, a variant that continues to rise and has become dominant in almost all the autonomous communities, including the Canary Islands, as collected for the delta variant, the documents of the Ministry of Health : “SARS-CoV-2 variants of concern (VOC) and interest (VOI) for public health in Spain” (5th update, August 6, 2021) and “Update of the epidemiological situation of SARS-CoV variants -2 of concern (VOC) and interest (VOI) in public health in Spain” (updated August 30, 2021), which recommends increasing the percentages of vaccination coverage, highlighting the importance that the greatest possible number of people receive the complete guideline in the shortest possible time.Example, this, of what was initially indicated regarding the complexity of this global and unprecedented health crisis.After the two states of alarm declared by Royal Decrees 463/2020, of March 14, and 926/2020, of October 25, and their respective extensions, the management of the crisis has corresponded to the autonomous communities based on their powers statutory, making use of the legal instruments that the current system puts at your disposal.In such a way that, once the states of alarm have ended, the Canarian health authority has been acting under the current state and regional legislation on health and public health.Thus, Organic Law 3/1986, of April 14, on Special Measures in Public Health Matters, which generally and unequivocally empowers the competent health authorities to adopt preventive and health protection measures that are considered necessary in case of risk caused by communicable diseases, it being indisputable that the COVID-19 pandemic has been caused by a highly communicable virus;Law 14/1986, of April 25, General Health, and particularly its article 26, which protects the action of the regional health authorities by authorizing them so that, in the event of an imminent and extraordinary risk to health, they can adopt the preventive measures that they deem necessary, such as the suspension of the exercise of activities and any others that are considered healthily justified, indicating said precept that the duration of such measures will be set for each case, without prejudice to the successive extensions agreed by reasoned resolutions, without exceeding what is required by the situation of imminent and extraordinary risk that justified them;Law 33/2011, of October 4, General Public Health, whose article 54 establishes that public administrations are responsible for adopting those special and precautionary measures, when there are reasons of special gravity or urgency, within the scope of their respective competences in public health matter.None of these regulations, in a way that is absolutely consistent with the risks they seek to prevent and combat, limits the measures that can be adopted based on their individual character by reference to a determinable person or groups of persons.Chapter II of Title II of Law 11/1994, of July 26, on Sanitary Regulation of the Canary Islands, pronounces in similar terms.Likewise, we cannot forget the recent Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19, issued under article 149.1.16 of the Spanish Constitution, which attributes to the State the competence in matters of foreign health, bases and general coordination of health and legislation on pharmaceutical products, whose measures will be applicable until the State Government declares the end of the health crisis situation caused by COVID-19 (article 2.3).The ruling of the Supreme Court No. 719/2021, of May 24, fourth legal basis, considers whether the right to life and the right to health protection, which although it is not a fundamental right, can converge with that in limit circumstances, and the state laws that have developed it, the aforementioned, which did not foresee circumstances such as the ones we are going through, allow or not restrict the use of other fundamental rights, to conclude that health legislation does authorize the limitation of certain rights fundamental, provided that the conditions foreseen by it are fulfilled.It points out that the third article of Organic Law 3/1986, when speaking of the measures "that are considered necessary in the event of a risk of a transmissible nature", is clearly circumscribing its qualification to cases of diseases that entail such danger.It is not possible, therefore, to make use of it in any circumstance but in one of the seriousness and necessity that emerges from its own statement.There is, therefore, an objective precision -the existence of a communicable disease- that constitutes the context in which the "control of patients" must be placed, that of "people who are or have been in contact with them" and the “immediate environment”.Depending on how many patients are counted and who have had contact with them in units, tens, hundreds or thousands and the place or places in which they are found, the subjective and spatial scope of application of the precept will be extended correlatively, but without being able to reach more beyond it and become general.However, this article, endowed with a clear final indeterminacy, cannot be understood separately from article 26 of Law 14/1986 and article 54 of Law 33/2011, since they address similar situations and pursue the same purpose of protecting health. everyone in situations where you are in danger.Once again, we find ourselves with the identification of an exceptional assumption -the extraordinary imminent risk to health- and with an authorization to the health authorities, with an indication of specific actions and, in addition, with "those that are considered health-justified".Therefore, in addition to the emergency context for health, it requires justification from the health point of view of these measures.It is not, as the third article of Organic Law 3/1986 is not, a blank clause that empowers the health authority for anything at any time.And the same thing happens with article 54 of Law 33/2011, which "re-circumsects the alleged fact, always of extraordinary seriousness and urgency, requires motivation from the Administration, contemplates measures and leaves the door open to others that, not They only have to be suitable for dealing with this health emergency, but also require that they be temporary and proportionate.Therefore, this set of precepts offers sufficient precision, objective, subjective, spatial, temporal and qualitative to satisfy the requirement of certainty that the precepts that base specific restrictions or limitations of fundamental rights and, specifically, freedom of movement must have. , which, on the other hand, cannot always be predetermined -since situations never imagined or, consequently, foreseen- must not be excluded- and the terms just examined do not deviate from the parameter accepted by the Constitutional Court for the typification of sanctions, for example in its judgment No. 14/2021”.In short, health legislation does authorize the limitation of certain fundamental rights provided that the conditions provided for therein are met and that they are specified in the identification with sufficient clarity of the serious danger to public health derived from a communicable disease that must be avoided. to preserve the right to health and life;the establishment of the extension of that risk from the subjective, spatial and temporal point of view;and justification of the suitability and proportionality of the means established.Although the Supreme Court considers that "it would have been desirable that, instead of indeterminate concepts and general clauses, we could resort to a specific regulation to deal with the pandemic that detailed how many extremes were susceptible to precision to offer maximum legal certainty".Legal basis that the Superior Court of Justice of the Canary Islands expressly endorses in two Orders No. 252/2021, of July 30 (fourth legal basis), and 256/2021, of September 2 (third legal basis), issued in procedures of protection of fundamental rights nº 234/2021 and 245/2021, respectively.This law also obeys this need to have a specific regulation, which seeks to provide the regional legal system with a rule that specifically defines the legal regime necessary for the management of this unprecedented pandemic, detailing how many extremes are susceptible to precision to offer the maximum legal certainty, in light of the knowledge and scientific evidence that has been generated in the two years that its impact has lasted.The Government of the Canary Islands, like the other autonomous communities, has been acting on the basis of its statutory powers in health matters -protected by the legal authorization contained in the aforementioned state and regional legislation-, in civil protection, in social assistance and in many other matters involved in the fight against the pandemic.However, the regulation and protection offered by said legislation represents only a part, albeit an important one, of the list of legal solutions of all kinds, individual or collective, that requires attention to the pandemic.And it is that both the problems posed by the pandemic and the need for intervention by the autonomous public powers, from a temporal and material perspective, make legal regulation according to said needs necessary and convenient.The lack of definition and the indeterminate legal concepts revealed in the aforementioned Supreme Court ruling, as well as the new and changing health situation, without historical or scientific precedents, require legal certainty that can only be provided by a regulation with the force of law, a task that other autonomous communities have already undertaken.The law constitutes, without a doubt, the most effective tool, in the strict legal plane, to order the behavior of institutions, public and private agents and citizens, by imprinting the greatest legal security on their relationships.From this perspective, the availability of a law that establishes the legal health alert regime and the necessary measures for the control and management of the COVID-19 pandemic in the Canary Islands and that makes it possible to deal with this health crisis constitutes a practical and maximum influence and usefulness in different aspects.It is essential to specify the origin and effectiveness of the measures to guarantee that they are applied with the indispensable immediacy that public health actions require.The verification of the evolution of the epidemiological and public health indicators constitutes a material action of the Public Administration, of investigation and systematization of facts, not subject to legal controversy without contradictory verifications or verifications, and that, when it is documented in the form and by the persons established in the basic state and sectoral health and public health legislation, enjoys the iuris tantum presumption of veracity.Based on such findings, the legal, regulatory or embodied in administrative acts of health intervention against the pandemic are proposed and adopted, where appropriate.Of little or no use is a measure that, after being proposed because it is essential in accordance with sanitary, epidemiological or public health criteria, is delayed in its application based on criteria unrelated to those that motivated its adoption.For this reason, the Law must provide the maximum certainty and predictability to the decisions of the health authority, avoiding generating concerns and transmitting insecurity to the population.In the current situation of health crisis, legal uncertainty costs lives.The institutions of the Autonomous Community of the Canary Islands have the responsibility, in view of the health crisis situation caused by the COVID-19 pandemic, taking into account its extension over time and in use of their statutory and legal powers, to provide the legal system Canary Islands with a clear, operational and safe legal regime that allows the health authority to act effectively, with the immediacy that the adoption of containment measures requires and that is impregnated with the maximum certainty, predictability and security, opting for those interpretations of the current constitutional and legal framework that practically all health authorities and judicial bodies have been upholding, to facilitate to a greater extent effective, safe and immediate responses to the future of this health crisis.While the health crisis caused by COVID-19 lasts, with better or worse epidemiological data, as shown by the evolution of the pandemic, the Canary Islands will not be in a normal situation but in a health alert situation, the one that corresponds at all times depending on epidemiological evolution, so its legal system must be prepared to deal with this serious situation.The limitation of fundamental rights by the legislator does not necessarily have to be done by organic law, as stated in the aforementioned Supreme Court ruling No. 719/2021, of May 24.It recalls that although the development of fundamental rights is reserved to that source (article 81.1 of the Constitution) and that the Constitutional Court has equated to development the establishment of limitations on fundamental rights of such intensity that they essentially affect them, in general the reservation of ordinary law is sufficient to regulate the exercise of rights, although in doing so its essential content must be respected (article 53.1 of the Constitution).And establishing specific limitations on rights, even fundamental ones, is not the same as developing them as long as, due to the characteristics of the restrictions, they do not distort them.Within the regulation that the ordinary law can make, it is therefore possible to impose specific limitations on fundamental rights and that reservation of ordinary law can be satisfied both by the law of the State and by the laws that, within its competence, dictate. the autonomous communities.In short, the statement that any limitation of a fundamental right must be made solely and exclusively by organic law does not correspond to the Constitution (SSTC No. 49/1999, 86/2017 and 76/2019).On the other hand, the Constitutional Court has been accepting that by organic or ordinary law the adoption of specific measures that limit the exercise of certain fundamental rights is allowed without the need to resort to the constitutional exception that implies the declaration of a state of alarm, provided that this limitation is sufficiently delimited in the corresponding legal provision of authorization in terms of the assumption and purposes it pursues and that said limitation is justified in the protection of other assets or constitutional rights (STC 76/2019, of May 22).Indeed, article 53.1 of the Constitution establishes, with regard to the rights and freedoms recognized in the second chapter of title I, that only by law can the exercise of such rights and freedoms be regulated and this in any case must respect its essential content. .It recognizes, therefore, that within each fundamental right there is an essential content and, therefore, there will also be elements that are not.Verifying respect for this essential content is therefore highly relevant.In fact, the essential content and the principle of proportionality are two "limits of the limits" that have their own substance and operate cumulatively in our system of fundamental rights (STC 236/2007).STS 719/2021, already cited, indicates that in order to understand what we should consider essential content, the citation of STC 11/1981, of April 8, resolving an appeal of unconstitutionality against various precepts of Royal Decree Law 17/1977, is unavoidable. of March 4 of that year, regulator of the right to strike and collective labor conflicts, to conclude that "we understand by "essential content" that part of the content of a right without which it loses its peculiarity, or, said of another way, which makes it recognizable as a right belonging to a certain type.It is also that part of the content that is inescapably necessary for the right to allow its owner to satisfy those interests for whose achievement the right is granted.This is also the line of the General Court of the European Union, which has defined the essential content of a right or freedom as “the substance of the right or freedom in question” (“Case of DenizBank A.Ş. v. advice”, judgment of September 13, 2018) and the Court of Justice of the European Union when pointing out that the essential content of a fundamental right is that part of it that cannot be violated in any way, an expression that it takes from article 19.2 of the Bonn Basic Law.And a regulation does not violate the essential content when “it only affects the modalities of exercising a (…) right, without endangering its very existence” (judgment in the case “SMW Winzersekt v. Rheinland-Pfalz”, case C-306 /93), so that the absolute guarantee of immunity adheres to the essential core of the right.Finally, the Constitutional Court, in its recent ruling 148/2021, of July 14, regarding the examination of Royal Decree 463/2020, of March 14, declaring a state of alarm for the management of the health crisis caused by COVID-19, has considered that “we must not forget that, in situations of “serious risk, catastrophe or public calamity” (in the words of article 30.4 CE), freedom of movement, like others, could be redefined and contracted -even without giving rise to a state of alarm- in accordance with what the court early called the "necessary limits that result from its own nature, regardless of those that are produced by its articulation with other rights", as established the STC 5/1981, of February 13, FJ 7 (FJ 5 of the sentence)”.Law 14/1986, of April 25, General Health, constitutes the first comprehensive ordinary regulation that enables the autonomous communities to legislate on this matter, by leaving coordination and the basic dimension of the so-called common denominator at the state level, and allow the regional legislator, in the exercise of legislative development and execution, to shape the corresponding public health policy in order to be able, among many other issues, to attend to situations in which there is a serious or imminent risk to people's health.In accordance with this and, very especially, in order to specify the generic authorization of Organic Law 3/1986, of April 14, on Special Measures in Public Health Matters, to adopt the measures considered necessary to fight against the risks of transmissibility that we live today, it is up to the Canarian legislator, in accordance with the constitutional distribution of powers, to specify the scope of the measures that may be considered necessary to reduce the risks to public health, thus limiting the margin of discretion of the authority Canarian health system, given that within the framework of state legislation, and in accordance with the provisions of articles 141 and 19 of the Statute of Autonomy of the Canary Islands, the Autonomous Community of the Canary Islands is responsible for legislative development and execution of legislation state in matters of internal health, which includes, in any case, the management and execution of measures aimed at preventingserve, protect and promote public health in all areas, including occupational health, animal health with an effect on human health, food safety, environmental health and epidemiological surveillance, in order to guarantee the right to protection of health that is recognized to all people who are in the Canary Islands.The legal system of health alert and the measures for the control and management of the COVID-19 pandemic in the Canary Islands established by this law, called to decline when the current health crisis situation is overcome, does not constitute frontal development or entail restrictions that involve essential limitation of any fundamental right, matters constitutionally reserved to organic law, but that only entails the provision of the possibility of provisional modulations and limited to the way in which certain people enjoy and make use, in very specific and non-generalizable circumstances, of the fundamental right.Therefore, it is constitutionally admissible in accordance with the criteria resulting from the judgment of the Constitutional Court 53/2002 and is issued in exercise of the powers of the Autonomous Community of the Canary Islands established in article 141 of the Statute of Autonomy, constituting a legislative development of what established in Organic Law 3/1986, of April 14, on Special Measures in the Matter of Public Health, basic and susceptible, therefore, in the terms and with the limits that have just been specified, of development by the regional legislator.Through this law, admissible modulations are established in specific and non-generalizable circumstances, in view of the current health crisis situation, which are fully justified "in the protection of other constitutional rights or assets", as a result of the authorization contained in the aforementioned Organic Law 3 /1986, and as the Constitutional Court considers necessary when stating in judgment 76/2019, of May 22, that "all state interference in the field of fundamental rights and public freedoms must respond to a constitutionally legitimate purpose or be directed to the protection or safeguarding of a constitutionally relevant asset, since “although this Court has declared that the Constitution does not prevent the State from protecting legal rights or assets at the cost of sacrificing others that are equally recognized and, therefore, that the legislator may impose limitations to the content of fundamental rights or their exercise, we have also specified that, in such cases, these limitations must be justified in the protection of other constitutional rights or assets (SSTC 104/2000, of April 13, FJ 8 and those cited there) and, in addition, must be proportional to the purpose pursued with them (SSTC 11/1981, FJ 5, and 196/1987, FJ 6)” (STC 292/2000, FJ 15)”.Establishing the competence of the Autonomous Community of the Canary Islands, that what is established does not constitute a frontal development or an essential limitation of fundamental rights, but only provisional and limited modulations to the way in which certain people enjoy and make use, in very specific circumstances and not generalizable, of the fundamental right and the evident presence of constitutional rights and assets, such as the right to life that imposes the obligation of all public administrations to protect the health of citizens, which justify such modulations, is necessary, and hence the convenience of regional legislative development, provide the regulation of the health alert regime with a regime that guarantees that, if adopted, the modulation is suitable or adequate, necessary and proportionate (Judgment of the Constitutional Court 60/2010, of October 7).For this, in addition to the monitoring and information provided by the health authorities, this standard specifies the indicators or parameters that accredit such constitutional requirements, by referring them to the technical documents that are adopted within the framework of the National Health System, technical, objective reference and widely agreed upon at the national level, and imposes, by operation of law, the adoption of the measures that may proceed once the concurrence of the aforementioned indicators has been verified.In this way, after identifying the good or interest of constitutional relevance, the right to life and health protection, which is served by the limitation of other constitutional goods, which is modulated in the indicated conditions, the freedoms of movement, reunion or other rights or freedoms, the conditions under which one constitutional interest prevails over another are clearly established, as explained in the judgment of the Constitutional Court 53/2002, of February 27.It is the provisions with the force of law, moreover, that must provide for the regime of potential modulations of fundamental rights, enabling them, however determined and non-generalizable the circumstances in which they may proceed.As the Constitutional Court has pointed out, “by express mandate of the Constitution, all state interference in the field of fundamental rights and public liberties either directly affects their development (article 81.1 CE), or limits or conditions their exercise (article 53.1 CE), requires a legal authorization.This reservation of law to which, in general, the Spanish Constitution submits the regulation of fundamental rights and public freedoms recognized in Title I, performs a double function, namely: on the one hand, it ensures that the rights that the Constitution attributes citizens are not affected by any state interference not authorized by their representatives;and, on the other, in a legal system such as ours, in which judges and magistrates are subject "only to the rule of law" and there is, strictly speaking, no link to precedent (SSTC 8/1981, 34/ 1995, 47/1995 and 96/1996), constitutes, ultimately, the only effective way to guarantee the requirements of legal certainty in the field of fundamental rights and public freedoms.Therefore, as far as our legal system is concerned, we have characterized legal certainty as a sum of legality and certainty of the Law (STC 27/1981, FJ 10)” (STC 169/2001, of July 16).The approved law that is now being dictated achieves the requirement of certainty in the potential modulation of fundamental rights, within the framework of basic state legislation, more detailed than that contained in the regional legislation on health and public health, which establishes a generic regulation not conceived for a health crisis like the one that affects us today.In terms of the ruling of the Constitutional Court 76/2019, of May 22, which cites the previous ruling 292/2000, of November 30, "the limitations of the fundamental right established by a law" can violate the Constitution if they lack of certainty and predictability in the very limits that they impose and their mode of application”, since “the lack of precision of the law in the material presuppositions of the limitation of a fundamental right is likely to generate an indeterminacy about the cases to which it applies. such restriction applies”;"When this result occurs, beyond any reasonable interpretation, the law no longer fulfills its function of guaranteeing the very fundamental right that it restricts, since instead it simply allows the will of the person who has to apply it to operate."And it adds that “the type of violation that the lack of certainty and predictability in the limits themselves entails: “it would not only harm the principle of legal certainty (article 9.3 CE), conceived as certainty about the applicable legal system and reasonably founded expectation of the person on what should be the action of the power applying the Law (STC 104/2000, FJ 7, for all), but at the same time said law would be damaging the essential content of the fundamental right thus restricted, given that the way in which it is have set their limits make it unrecognizable and make it impossible, in practice, to exercise it (SSTC 11/1981, FJ 15; 142/1993, of April 22, FJ 4, and 341/1993, of November 18, FJ 7) ”.It is precisely the search for legal certainty, certainty and predictability that justifies this law.In the current situation of health crisis and while it continues, it is convenient and necessary that the Canarian legislator, competent ex article 141 of the Statute of Autonomy, develop the scope of the limitations that Organic Law 3/1986 authorizes, providing certainty and predictability to the Canarian legal system, anticipating the cases in which, by direct legal determination, the implementation of specific measures, determined and known prior to their implementation for the containment of the COVID-19 pandemic, proceeds in such a way that the effect on the fundamental right, expressly protected by the provisions of Organic Law 3/1986, derives directly, without mediating any constitutive act of the health authority, from the development that the territorial legislator makes of the state organic legislation.This, without prejudice to the potential exercise by the health authority of its competence, within the framework of said organic law, the state and regional legislation on health and public health, and counting for this with the appropriate authorization or judicial ratification, in the terms provided for in Law 29/1998, of July 13, Regulating the Contentious-Administrative Jurisdiction.This law is structured in three titles, with twenty-seven articles, an additional provision, two transitory provisions, one repeal and three final provisions.It also contains three annexes.Title I, dedicated to the general provisions, regulates in six articles the object, the temporal and territorial scopes, the general principle of precaution and the general duties of collaboration, caution and precaution.Title II regulates the general prevention measures, through articles 7 to 19, contemplating both those that concern the population in general and those that are made available to the public administration for the prevention of the spread of the virus.Article 7 establishes the general regime of these measures, article 8 lists the main prevention and hygiene measures.Articles 9, 10 and 11 develop three of these measures that, due to their extension, require specific treatment, these are the use of masks, the interpersonal safety distance and the capacity regime.Articles 12, 13, 14, 15 and 16 regulate the measures made available to the administration, such as the isolation and quarantine regimen, mass events, diagnostic tests, screening and infection and contact tracing.This title ends with articles 17, 18 and 19, dedicated respectively to the processing of personal data, the regime applicable to the inspection, control and sanctioning regime and judicial authorization or ratification.Title III is structured in two chapters.The first regulates the legal health alert regime described in articles 20, 21 and 22, dedicated to the definition of alert levels, their establishment and the legal regime of the measures applicable to the different alert levels.Chapter II establishes the specific measures applicable to each of the alert levels, article 23 establishes some general questions applicable to all measures and alert levels, article 24 contemplates the measures corresponding to level 1, article 25 the relative at level 2, while articles 26 and 27 contain those applicable to levels 3 and 4.The unique additional provision empowers the person in charge of the Ministry responsible for finance matters to agree on the budgetary modifications that speed up the management of the funds destined to mitigate the effects of the pandemic.The first transitory provision establishes the temporary continuity of the measures currently applicable to health, educational and social centers, as well as to transportation, until they are modified or left without effect in accordance with the provisions of this law.And this in order to have a period of adaptation to the new system that is implemented in the management of the health crisis.For its part, the second transitory provision contemplates the permanence of the level of health alert declared on each island at the time of entry into force of the law, until its review by the procedure provided for in chapter I of title III, for having been established in accordance with the same evaluation system and indicators provided for in article 21, and which is contemplated in the document "Coordinated response actions to control the transmission of COVID-19", version of June 22, 2021, approved in within the framework of the Interterritorial Council of the National Health System, although the measures provided for in Chapter II of Title III for each level of health alert will be applied automatically.The sole repeal provision repeals the provisions of equal or lower rank that oppose the provisions of this law.It also repeals the second additional provision of Law 1/2021, of April 29, which establishes the sanctioning regime for non-compliance with prevention and containment measures against COVID-19 in the Autonomous Community of the Canary Islands, on which the State Administration has raised a possible objection of unconstitutionality, promoting the procedure provided for in article 33.2 of the Organic Law of the Constitutional Court in order to seek a solution to the controversy raised.The first final provision modifies article 28 of Law 11/1994, of July 26, on Sanitary Planning of the Canary Islands, regulator of the health authority, which, given its age, had been outdated with respect to the more detailed regulation contained in the state regulations. later.This update is essential and urgent for reasons of legal certainty and because the health authority is one of the essential axes on which the management of this health crisis pivots, entrusted with multiple tasks and competencies that are essential in the current pandemic situation. .To corroborate this affirmation, it is enough to examine the general provisions that are being dictated and the agreements of the Interterritorial Council of the National Health System that are being signed, which in their majority use as a formula for assigning tasks, functions and competences the reference to the health authority of each autonomous community, out of respect for the power of self-organization, so it is essential to have an updated internal structure in line with those of the other public administrations involved in this task.The second and third final provisions contain the authorization for regulatory development and entry into force.Finally, the law contains three annexes.The first contains the recommendations for the prevention of contagion by SARS-CoV-2, the second establishes the specific measures in terms of cleaning and disinfection, capacity and safety distance, applicable to all types of spaces, establishments and activities, while the Third, it contemplates the preventive measures for establishments, activities and specific spaces, applicable to all levels of health alert.Article 7 of the law provides that these annexes can be modified by the health authorities, imposing on them the duty to keep them permanently updated and published.This is a speeding up measure for the permanent and immediate incorporation of the technical and scientific recommendations that are being produced habitually, as a consequence of the advances that are produced in the knowledge of this unprecedented pandemic.The object of this law is the regulation of the legal health alert regime and the measures for the control and management of the COVID-19 pandemic, within the framework established by Organic Law 3/1986, of April 14, on Special Measures in Matters of Public Health, the basic legislation of the State, especially, Law 14/1986, of April 25, General Health, Law 33/2011, of October 4, General Public Health, Law 2/2021, of March 29, of urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19, and the development regulations of the Canary Islands.This law, except for its first final provision, will be in force until the end of the health crisis situation caused by COVID-19 at the national level is declared.1. This law will apply throughout the territory of the Autonomous Community of the Canary Islands.2. For the purposes of this law, the island will be considered as a territorial area for the application of the health alert regime and specific measures to contain the COVID-19 pandemic.The island of La Graciosa will be subject to individual evaluation due to its particular characteristics, when necessary.3. The assessment of municipalities or other territorial units that, due to their small population, must be the object of a single evaluation, must be carried out locally and based on the context of each territory, and may use specific indicators that guide the measures to be adopted adapting to the epidemiological situation and local risk.4. The lower territorial levels may have a higher alert level than the one in force in the territory in which they are located, when the epidemiological circumstances so require.On the contrary, the activation of an alert level in a higher territorial level will automatically raise and equalize the alert level of all the lower territorial levels that had an alert level lower than the one activated.Article 4. Precautionary principle.1. As long as the current health crisis situation caused by the COVID-19 pandemic continues, all people who are in the territory of the Autonomous Community of the Canary Islands must carry out their activities, of any kind, in accordance with the precautionary principle , in order to prevent the generation of unnecessary risks to themselves or others and to prevent the spread of the virus causing the pandemic.2. For the purposes of this law, the precautionary principle is understood to mean that which advises that, in the face of an activity that represents a threat or damage to human health, as long as the uncertainty about the existence or scope of the risk is not cleared up, Protective measures must be adopted, without waiting for the reality and seriousness of such risks to be fully demonstrated, even when the cause-effect relationship has not been conclusively scientifically demonstrated and, nevertheless, the probability of real damage to the public health in the event that the risk materializes.Said principle constitutes a preventive strategy applicable to risk management in those situations where there is scientific uncertainty about the effects that a certain activity can produce on health, and it is not necessary for the health risks to be specific, it is enough that they are potential.Article 5. Duty of collaboration.1. In accordance with the general public health regulations, all persons who are in the territory of the Autonomous Community of the Canary Islands have the obligation to facilitate the development of public health actions and to refrain from engaging in conduct that hinders, prevents or falsify their execution.2. The activities or businesses determined by the health authorities due to their potential intrinsic risk for the transmission of the virus and the epidemiological situation of the territorial area in which they are located, are obliged to collect information from the employees, users or participants. , which must provide it for the sole purpose of determining the traceability of infections and contacts, as a condition for carrying out such activities or businesses.3. The information collected will be adjusted to the principle of data minimization that governs the processing of personal data, in accordance with its regulatory regulations, and the information collected must be kept, under the custody of the person in charge designated for this purpose, during the term maximum of one month, and must be provided to the health authorities when required in order to carry out said traceability.Article 6. Duty of caution and protection.1. All people who are in the territory of the Autonomous Community of the Canary Islands must adopt the necessary measures to avoid the generation of risks of spreading the COVID-19 disease, including compliance with the isolation or quarantine prescribed by a health professional, as well as the own exposure to said risks.This duty of caution and protection will also be required of the persons holding any activity.2. Any person who experiences any of the symptoms compatible with COVID-19 established by the health authority will remain at their home, notify their health service and follow the measures indicated.3. Likewise, the safety and hygiene measures established by the health authorities for the prevention of COVID-19 must be respected.GENERAL PREVENTION MEASURESArticle 7. General regime.1. In general, without prejudice to the specific provisions or protocols that are established, the general prevention measures that are established will be applicable to all persons, establishments, business premises, facilities and spaces for public use and public activities. set forth in this title.2. Any person who owns an economic activity or, as the case may be, the director or person in charge of the centres, facilities, activities, spaces for public use and entities, must ensure that prevention and hygiene measures are adopted, including measures cleaning and disinfection, as well as the capacity and safety distance measures appropriate to the characteristics of the establishments, premises, facilities, activities or spaces.3. Reminders will be made of prevention and hygiene measures, the mandatory use of the mask and respect for the interpersonal safety distance, through posters at the entrance or strategic areas, public address announcements and other means.Likewise, the maximum capacity must be exposed to the public, which must include the workers themselves, and compliance must be ensured, establishing procedures that allow counting and control of the capacity, so that it is not exceeded at any time, as well as procedures that allow the control of the interpersonal safety distance.The capacity control will include the own car parks for workers and users.4. Annex I of this law includes certain recommendations to avoid contagion.Annex II contains specific measures regarding cleaning and disinfection, capacity and safety distance.Annex III includes preventive measures for establishments, activities and specific spaces.The measures established in Annexes II and III are generally mandatory, although according to the evolution of the pandemic they will be modulated and linked to the level of health alert existing at each moment and territory.The health authorities may modulate, suspend or modify, totally or partially, the different measures of Annexes II and III in the territorial areas in which it is possible, depending on their specific epidemiological situation, keeping them permanently updated, updates that are published in the Official Gazette of the Canary Islands.5. In accordance with the provisions of article 54.3 of Law 33/2011, of October 4, General Public Health, the expenses derived from the adoption of the measures foreseen for the containment of the COVID-19 pandemic will be borne by responsible person or company.Article 8. General prevention and hygiene measures.In general, without prejudice to the specific provisions or protocols that are established, the following general prevention and hygiene measures will be applicable to all establishments, business premises, facilities, spaces for public use and public activities:1. Any person who owns an economic activity or, as the case may be, the director or person in charge of the centres, facilities, activities, spaces for public use and entities, must ensure that prevention and hygiene measures are adopted, including measures of cleaning and disinfection, appropriate to the characteristics of the establishments, premises, facilities or spaces.2. The development of activities in outdoor spaces will be prioritized over indoor spaces, understanding, for these purposes, as an outdoor space that which is not covered or that which, being covered, is laterally surrounded by a maximum of two walls, walls or facings, or that does not have a lateral surface area greater than 50% covered by any type of structure or material that prevents or hinders the passage of air.3. The adequate ventilation of the interior spaces will be guaranteed during the development of the activities and between consecutive uses.In the case of natural ventilation, cross ventilation of the spaces will be facilitated by opening doors or windows, if possible.In the case of using mechanical ventilation, the ventilation rate must be increased (outdoor air/recirculated air), the supply of outdoor air must be ensured and the indoor air recirculation function cannot be used exclusively.The forced ventilation or air conditioning systems must be kept in the proper conditions of revision and maintenance.The installation, review and maintenance of forced ventilation or air conditioning systems will be carried out by qualified professional technicians to adapt the system to the specific characteristics of the establishment, taking into account the document “Recommendations for operation and maintenance of air conditioning and air conditioning systems. ventilation of buildings and premises for the prevention of the spread of SARS-CoV-2”, of the Ministries of Health and for the Ecological Transition and the Demographic Challenge or document that replaces it.4. Users and workers will be encouraged to intensify handwashing with hydroalcoholic solution or soap and water and disposable paper, ensuring its availability and correct replacement.Dispensers of hydroalcoholic gels or disinfectants with virucidal activity, duly authorized and registered, must be made available to the public in accessible and visible places and in strategic areas, and, in any case, at the entrance of the premises or establishment, and must always be in good condition. of use.5. The use of masks will be ensured when it is mandatory or recommended.Article 9. Use of masks.1. The mandatory use of masks and its exceptions will comply with the provisions of the basic state regulations.2. The correct use of the mask is mandatory, and it must cover the nose and mouth completely at all times.Likewise, it must be properly adjusted to the nose and chin, so as to prevent the expulsion of respiratory secretions into the environment.3. Masks with an exhalation valve may not be used, except in professional uses for which this type of mask may be recommended.4. The owners of establishments, spaces and premises must guarantee compliance with these obligations in them.5. It is recommended that the mask be of the hygienic type, preferably reusable, except for use in health centers where hygienic or surgical masks must be used.6. The use of the mask is recommended in private spaces, both open and closed, when meetings of people from different coexistence centers are held.Article 10. Interpersonal safety distance.1. Any person who owns an economic activity or, where appropriate, the director or person in charge of the centers, facilities, activities, spaces for public use and entities, must ensure that the safety distance measures appropriate to the characteristics are adopted. establishments, premises, facilities or spaces.2. The interpersonal safety distance will be guaranteed at the time of entry and exit, avoiding at all times any type of crowd inside and outside the establishment, facility, premises or space, establishing, if necessary, staggered accesses and exits through time slots. or zones.3. In general, the maintenance measure of the interpersonal safety distance of at least 1.5 meters must be complied with on public roads, in open-air spaces and in any closed space for public use, or that is open to the public or, failing that, alternative measures of physical protection, adequate hygiene and respiratory etiquette, without prejudice to the mandatory use of a mask in the cases contemplated in this law.4. The permanence of people in the establishments, premises or spaces will be restricted to a maximum number of people that allows compliance with the interpersonal safety distance indicated above.If it is not possible to maintain the distance, the stay will be restricted to one person.5. The obligation to maintain the interpersonal safety distance will not apply between people living together.For the purposes of this law, cohabitants are understood as those people who reside under the same roof.6. It is recommended to avoid staying in crowded closed places and in the vicinity of other people.7. It is not allowed to smoke, use tobacco inhalation devices, water pipes, hookahs, shisha or similar on public roads and in outdoor spaces, when walking on public roads, when it is not possible to guarantee maintenance of an interpersonal safety distance of 2 meters, as well as in a perimeter of at least 5 meters, with respect to accesses to non-university educational centers, health centers, social health centers, premises and establishments in which smoking is prohibited and with respect to the physical or virtual limits of playgrounds.8. It is not allowed to eat and drink on public roads and in outdoor spaces when it is not possible to guarantee the maintenance of an interpersonal safety distance of 2 meters, except in stable coexistence groups.Article 11. Capacity regime.1. Any person who owns an economic activity or, as the case may be, the person who directs or is responsible for the centres, facilities, activities, spaces for public use and entities, must ensure that adequate capacity measures are adopted for the characteristics of the establishments, premises, facilities or spaces.2. The capacity of centers, facilities, establishments, premises, activities and spaces for public use applicable in accordance with its regulatory regulations is set at the percentage established for each level of alert in chapter II of title III of this law.3. By way of example, the following are considered centres, facilities, establishments, premises, activities and spaces for public use:a) Retail establishments and commercial premises and professional service activities that do not have the status of shopping centers and parks.b) Shopping centers and parks, both their common and recreational areas and each one of the establishments and commercial premises located in them.c) Tourist accommodation establishments, in their common areas.d) Hotel and restaurant establishments and activities for local consumption, for home delivery or for local collection for home consumption, autonomous or integrated into other establishments or activities.e) Establishments and cultural activities such as cinemas, theaters, auditoriums, stable publicly owned cultural spaces, museums, exhibition halls, monuments, libraries, reading rooms, archive offices and other cultural facilities.f) Tour guide and active tourism activities.g) Public shows, fair attractions and other recreational activities.h) Beaches, swimming pools for collective use, spas and saunas.i) Places of religious worship, religious or civil celebrations, wakes and burials.j) Equipment and facilities for sports activities and competitions.k) Gambling and betting establishments and premises.l) Camps for children and youth, 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 education centers and training centers.ñ) Congresses, meetings, meetings, business meetings, meetings of collegiate bodies of public and private entities, meetings of communities of owners, celebration of events and similar acts, as well as oppositions and other selective procedures or official examinations.o) Pleasure, leisure and recreation boats with economic activity.p) Student residences, recreational centers for young people and children, children's play centers, neighborhood, cultural and similar associations.q) Nightlife: nightclubs, cocktail bars and karaoke bars.r) Public spaces susceptible to crowds and the celebration of "botellones".t) Public land passenger transport.u) Tasting of food products.v) Fiestas, festivals and other popular events.Article 12. Isolation and quarantine.1. By virtue of the resolutions that the health authority may adopt or the material actions carried out by the health services to contain the epidemic outbreaks of the COVID-19 pandemic, the affected persons will have the following personal obligation:a) Isolation, by virtue of which any person infected with SARS-CoV-2 will remain in the place indicated, during the period established in each case, without the possibility of moving or interacting in person with other people.b) Quarantine, by virtue of which any person or group of people suspected of having been infected will remain in the place indicated, during the period established in each case, without the possibility of moving or interacting in person with other people.2. During the period of isolation or quarantine, people must limit their movements and the access of third parties to said place to those essential and exceptional for assistance to health centers, services and establishments and due to force majeure or a situation of need duly justified.Article 13. Regime of massive events.Article 14. Performance of diagnostic tests.Article 15. Screening.Article 16. Performing contagion and contact tracing.Article 17. Rated treatments of personal data in relation to the epidemiological situation and contacts.Article 18. Inspection, control and penalty system.Article 19. Judicial authorization or ratification.Article 20. Alert levels.Article 21. Establishment of alert levels.Article 22. Applicable measures at the different alert levels.Single.- Extraordinary measures of a budgetary nature.First.- Regime applicable to health, educational and social centers, as well as transport.Second.- Health alert level and applicable measures at the time of entry into force of this law.Sole.- Regulatory derogation.First.- Specific modification of the Canary Islands Sanitary Regulation Law.Third.- Entry into force.1st.2nd.3rd.4th.5th.