These establishments and retail commercial premises can remain open to the public under exactly the same conditions in which they were open until now, that is:

• Exclusively for the sale of the following products: food products, beverages, essential products and goods, pharmaceutical establishments, health establishments, veterinary centers or clinics, optical and orthopedic products, hygiene products, press and stationery, fuel for automotive, tobacconists, technological and telecommunications equipment, food for pets, and internet, telephone or mail commerce.

  In this sense, the sale of any product other than those mentioned is not permitted, not even through the “click & collect”. This modality cannot be assimilated to online commerce because it necessarily involves the displacement of the buyer, which in the current situation is only permitted for purchases provided for in the exceptions of article 10.1 of Royal Decree 463/2020, of March 14.

• Guaranteing that the permanence in the establishments is strictly necessary so that consumers can purchase food and essential products, suspending the possibility of consuming products in the establishments themselves.
• Controlling that consumers and employees maintain a safety distance of at least one meter and always avoid crowds.

In relation to the reopening of commercial establishments in phase 0, article 1Order SND/388/2020, of 3 maystates that will be possible to re-opening of all institutions and local retail and commercial activities of professional services, whose activities had suspended following the statement by the state in accordance with article 10.1Royal Decree 463/2020, of 14 march, except for

• those who have an area of more than 400 square meters,
• as well as those which have a shopping centre or retail park,
• inside the same without direct and independent access from outside.

In this regard, or of less than 400 square meters and that is located in a centre or retail park, can proceed to its opening, the very local commercial of less than 400 square meters must have a direct access to the outside.

No, pursuant toOrder SND/388/2020, of 3 maycannot open a commercial establishment whose actual exhibition and sale of the public is more than 400 square meters.

No. Pursuant toOrder SND/388/2020, of 3 maycannot open a commercial establishment whose actual exhibition and sale of the public is more than 400 square meters.

In accordance with article 1.2 of the aforementioned order, establishments and business premises retailers who were already open to the public from the beginning of the state of alarm lastly, the financial regulation 10.1Royal Decree 463/2020, of 14 marchcan remain open to the public as before,in the same conditions, out of implementation with the requirements of theOrder SND/388/2020, of 3 may, except in regard to prevention of risks to staff under article 3 of the aforementioned order, which would apply equally to all staff to serve in such schools.

That is not possible that a supermarket in more than 400 square meters band alternative products other than that already had allowed.

Reparations are a professional service that is not part of the retail trade itself. Despite this, in the regulation have been contemplated at times together.

In this regard, during a state of alarm and remains in forceRoyal Decree 463/2020, of 14 marchindeed, by successive extensions, the interpretation of articles 7 and 10 of that standard only allow you to move to private property for services at the same time make a commercial activity of sale of parts and materials as long as it affects necessities or predicated by situations of force majeure or distress, and would normally receive basic goods such as gas supplies, water, electricity, telecommunications and to ensure the habitability of housing.

TheOrder SND/340/2020, of 12 april, which suspended certain activities relating to intervention works in existing buildings in which there is risk of infection by the non-COVID-19 relating to such activity, set out in its sole article (3), which are exempted from the suspension “ work and specific works performed in the immovable property whose aim is to carry out urgent repairs and breakdowns of installations, as well as monitoring tasks ”.

Therefore, remain suspended the activities under the age of assistance that does not provide these conditions, including the urgent repairs or not.

Ministerial Orders regulating the opening of trade in the different phases of de-escalation feature some measures and requirements to perform.

Thus,Order SND/388/2020, of 3 may, includes measures relating to hygiene facilities (item 2) prevention of risks to staff (item 3) and measures of protection and hygiene applicable to the clients (item 4).

In addition, the published “Protocol and good practice guide addressed to the commercial activity in establishment physical and non-sedentary [PDF] [1009.79 kB]”, which has been agreed and agreed with the entire sector and the largest trade unions.

This protocol is a reference which contains a compendium of security measures and guides of good practices, easily accessible to the commercial sector, i includes recommendations and general measures concerning general prevention, action in the organization of the staff and in case of symptoms, hygiene and protection of the customers by offering specific measures for the case of shopping centers and certain sectors such as textiles, bookshops, jewelry, furniture, etc; as well as the conditions suggested in posts and spaces for itinerant sedentary or not.

During the initial phase or phase Or, what businesses to have a system to that end consumers, after conducting a distance purchasing (via the internet, telephone or mail), collected the product in the establishment, in accordance with the “ Click and Collect ”?

Both ministerial orders by establishing the conditions of re-opening of establishments and business premises retailers, provide for a number of demands on the same, namely that "will be possible to re-opening of all institutions and local retail and commercial activities of professional services, whose activities had suspended following the statement by the state in accordance with article 10.1 of the royal decree 463/2020, of 14 march, provided that they have a presentation and sale equal to or less than 400 square meters, with the exception of those who are in the parks and shopping centres without direct and independent access from outside".

Therefore, both ministerial orders are clear in this respect, it is not possible to delimit the actual extent of the establishment in order to restrict it up to 400 square meters and fulfil the requirements, since the above-mentioned standards relate to commercial establishments that have a presentation and sale equal to or less than 400 square meters. Indeed, the intention of the rule is not to allow the possibility of reducing the size of establishments with a greater dimension, if not Only allow the opening of those who have a real area equal to or less than 400 square meters, irrespective of whether they are issued in one or more plants.

TheOrder SND/399/2020of 9 may, for the easing of certain restrictions at national level established following the statement by the state of alarm bells in the implementation of phase 1 of the Plan for the transition towards a new normal, in its article 10.1 provides that it will be possible to re-opening of all institutions and local retail and commercial activities of professional services, whose activity has had suspended following the statement by the state in accordance with article 10.1Royal Decree 463/2020of 14 march, by the state of alarm for the management of the situation of health crisis caused by COVID-19, if they have a presentation and sale equal to or less than 400 square meters, with the exception of those who are in the parks and shopping centres without direct and independent access from outside, provided they meet all requirements that the legislation requires.

Moreover, point 2 of this article states

The provisions of this chapter, with the exception of occupational health and safety measures contained in articles 4, 11 and 12, shall not apply to retail and commercial premises that were already open to the public in accordance with article 10.1Real Decreto-Ley 463/2020of 14 march, which will be able to continue, expand open surface exhibition and sale of up to 400 square meters, the sale of licensed products in the said article 10.1 or other alternative.

Consequently, in phase 1 of the process of de-escalation on which we are, they can open all commercial establishments, product, but which is equal to or less than 400m2, other than commercial centres or parks and outside of one of them without direct access from outside.

In connection with facilities that were already open under the item 10.1RDL 463/2020, and that could only sell the products that article, now authorized as indicated by the sub-paragraph 2 of the item 10Order SND/399/2020, can sell their products and, where appropriate, expand and sale of exposure to 400m2, following the occupational health and safety measures that are enforceable.

In conclusion, an establishment type "" bazaar with surface of more than 400 m2, can continue selling essential products mentioned in art.10.1 ofRD 463/2020in addition, and, following the provisions of theOM 399/2020in those municipalities that have emerged phase 1, may extend the area of exhibition and sale up to 400 metres, and to include in this additional alternative products, other than those essential.

In phase 0, no more than 400 square meters can employ click and collect, with the exception of those engaged in selling essential products listed in the 10.1Royal Decree 463/2020and only for products which are detailed in that article.

In phase 1, in accordance with item 10.4Order SND 399/2020of 9 march, may establish systems for collecting in shop

• the establishments with an area of exhibition and sale to the public more than 400 square meters, regardless of the product sold.
• establishments that essential products of the item listed in the 10.1RD 463/2020. In Addition, in accordance with the art.10.2Order SND/399/2020these establishments have the possibility of empowering additional space for the sale of essential goods or any other product and can also click and collect all products that included in the same.
• Nurseries, garden centers and concessionaires (article 10.3Order SND/399/2020).

In all cases and at all stages, it must be guaranteed a staggered manner that avoids collection agglomerations of the interior of the local or access (article 10.4Order SND 399/2020).

In this regard, it must be borne in mind that the prohibition applies exclusively to test products not intended for sale, that the ban to products or assimilated to cosmetics and perfumery, or any other that could have a similar contact by the customer that occurs with these products.

In any case, we must prevent all kinds of manipulation by customers who are not required for the purchase, and in those cases where it is essential to the test of product to proceed to the purchase, it must comply with the protocols under the hygiene norm, conducting a thorough cleaning of the product when it is manipulated by any customers with products of disinfection recommended by the protocols to the Ministry of health.

The Protocol And GOOD PRACTICE GUIDE ADDRESSED TO THE COMMERCIAL ACTIVITY IN ESTABLISHMENT PHYSICAL AND NON-SEDENTARYpublished by the ministry of industry, commerce and tourism and by the ministry of health, includes measures sanitary hygienic the deactivation of directories in digital and interactive touch screens and cleaning and disinfection continued even though they are deactivated, except in cases where these have for the purpose of managing shifts in which case it must be believe cleaning.
Could not be placed in commercial establishments of telecommunications products for use and testing customers without supervision of a seller that permanently can proceed to its immediate disinfection after the manipulation by clients.

At the moment, following the publication of theOrder SND/414/2020on 16 may, for the easing of certain restrictions at national level established following the statement by the state of alarm in implementation of phase 2 of the programme for the transition to a normal, based on new amending both theOrder SND/388/2020on 3 may, as well as theOrder SND/399/2020of 9 may, the reopening of commercial enterprises whose activity was held in abeyance underart.10 of royal decree 463/202014 march, which declared a state of alarm, for the management of the situation of health crisis caused by COVID 19, in those territories that are in phase 0 and 1 is conditioned byarticle 10 of the order SND/399/2020of 9 may.

It stipulates that it will be possible to re-opening of all institutions and local retail and commercial activities of professional services, if they have a presentation and sale equal to or less than 400 square meters, which can, in the case of exceeding this limit, clamping down on the space to reopen the public to follow this threshold as long as they fulfil all of the following

a) are reduced to a 30% the total in the business premises. In the case of establishments distributed on different floors, the presence of clients in each of them should save this same proportion. In any case, we must ensure a minimum distance of two meters between clients. In the business premises in which it is not possible to keep its distance, be allowed Only stay inside the premises of a client.

(b) to establish a timetable with priority service to over 65 years.

(c) comply with the measures contained in chapter 2 of the aforementioned order.

In the case of establishments and business premises inside the parks and shopping centres, may proceed to re-opening if they have a presentation and sale to the public equal to or less than 400 square meters or comply the same this threshold, and have direct and independent access from outside the centre or retail park.

For business activities, developed within the spaces, referred to in question, we would have to establish the following discrimination

• If it comes to facilities and activities which were permitted by the10.1 of the item RD 463/2020of 14 march, will be able to continue with its activity in the same terms in the coming offers, but must comply with safety requirements and hygiene, which are enforceable in accordance with the ordersSND/388/2020of 3 may andSND/399/2020on 9 may distance masks, the security council …
• If it comes to the rest of facilities and activities, given that by its location are very similar to a shopping centre, will apply the same regime and, in the absence of direct access from outside, will not be able to resume its activity until the phase 2, allowing for the reopening of such establishments, fulfilling the requirements for that phase are envisaged.