Spain – COVID-19: Health Measures Announced for Purposes of Entering Spain
Spain–Health Measures Announced for Entering Purposes
The Spanish authorities have approved new sanitary/health control measures to allow entry through Spain’s maritime and air borders (not land) that will come into force on 23 November. Amongst the new health control measures put in place for travellers, before entering the country: have their temperatures taken, submit to a document check, and undergo what the authorities are calling a visual check (“un control visual”).
This GMS Flash Alert provides an update on the current Spanish controls at the borders due to the international health emergency.1
As we anticipated in our previous GMS Flash Alert 2020-447 (3 November 2020), the Spanish authorities have approved new sanitary/health control measures to allow entry through Spain’s maritime and air borders (not land) that will come into force on 23 November.2
WHY THIS MATTERS
The new health controls can affect employers and their globally-mobile employees – especially business travellers – doing business in Spain.
All this could cause some anxiety, stress, and inconvenience, especially where plans for travel and relocation are already underway. Individuals should be particularly aware of the consequences of non-compliance with the new policies, which could result in sanctions, an interruption in travel plans, and the disruption of planned business and leisure travel activities.
New Health Controls at Air and Sea Borders (Not Land Borders)
The health control measures put in place can require travellers, before entering the country, to have their temperatures taken, to submit to a document check, and undergo what the authorities are calling a visual check (“un control visual”) on the status of the passenger.
Regarding the document control of international passengers whose final destination is Spain (not international passengers in transit at a Spanish port or airport with their final destination being another country)3, it is important to note:
(1) All passengers originating from any airport or port located outside of Spain must complete, before departure, a public health form called "Health Control Form," through the website www.spth.gob.es or from the Spain Travel Health-SpTH application, or the downloadable file at https://www.mscbs.gob.es/profesionales/saludPublica/sanidadExterior/ControlHS.htm.
(2) All passengers from a country or risk zone listed in Annex II (see below), who intend to enter Spain, must have a Diagnostic Test for Active Infection (hereinafter PDIA) for SARS-CoV-2 with a negative result, performed in the seventy-two (72) hours prior to arrival in Spain.
Update / Information Responsibility
The authorities establish the responsibility of information collection and conveyance for travel agencies, tour operators, and air or maritime transport companies, and any other agent that sells tickets in isolation or as part of a combined trip. They must inform passengers, at the start of the process of selling tickets to travel to Spain, of the obligation of the traveller to present the Health Control Form upon arrival. In addition, if the country or area of origin of the trip is classified as risky, they must inform the traveller of his/her obligation to have a PDIA for SARS-CoV-2 with a negative result, carried out in the seventy-two (72) hours prior to arrival.
This responsibility is crucial given that the list in Annex II may be updated and will become effective seven days after its publication.
List of Countries (Annex II)
Below, please find a list of countries and areas that require passengers coming from these countries to carry out a diagnostic test for active infection by SARS-CoV-2 with a negative result as a requirement to enter Spain.
Countries of the European Union / European Economic Area
(Inclusion criteria: red or gray risk areas, based on the combined indicators according to European Council Recommendation 2020/1475.)
(Inclusion criteria: cumulative incidence greater than 150 per 100,000 inhabitants in 14 days.)
Any questions or concerns should be directed to your qualified professional adviser or a member of the GMS/People Services team with the KPMG International member firm in Spain.
1 See (in Spanish and English): https://www.mscbs.gob.es/profesionales/saludPublica/sanidadExterior/ControlHS.htm.
2 See (in Spanish): https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-14049.
3 If the transit in Spain is carried out without leaving the international zone, the presentation of a PDIA will not be required. If the transit involves passing through border control centers and therefore an individual has entered Spanish territory, he or she may be required to submit a PDIA according to the same terms as the passengers whose final destination is Spain.
* Please note that KPMG LLP (U.S.) does not provide any immigration services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Spain.
To subscribe to GMS Flash Alert, fill out the subscription form.
© 2023 KPMG Abogados, S.L., a Spain legal liability company and a member firm of the KPMG network of independent member firms affiliated with KPMG International, a Swiss cooperative. All rights reserved.
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.