Decree Law 38/2020 published on 30 December 2020 contains transitional and temporary measures referred to the relation of Spain with U.K.
The level of uncertainty is very high, and the measures taken are in most cases subject to time or condition.
APPLICABLE REGULATIONS AS OF JANUARY 1, 2021
As from 1st January 2021, the rules applicable to U.K. citizens in Spain shall be that of the citizens of a third State except as provided for in:
- The Withdrawal Agreement,
- This royal decree-law and its development regulations, and
- Future international agreements that may be held by Spain or E.U.
The Decree has a high degree of provisionality, and there are key aspects regulated just in case there is no agreement between E.U. and U.K. Such regulation is a minimum legal security between Spain and U.K. See “Base Regulation of Certain Issues” below.
The Decree rules a number of rights subject to reciprocity between Spain and the U.K., and the regulation now made will lose validity if U.K. doesn’t grant reciprocal treatment to Spanish persons in U.K. or Gibraltar within two months, these are:
- Providing of healthcare
- UK health care ticket to Spaniards
- Applicable Social Security legislation
- Access and exercise of the profession
- Employment in the Public Administration
- Temporary displaced workers regime
- Firearms and pyrotechnics
It are subject to reciprocity, though without a term of two months for it’s reciprocation the following:
- Research, development and innovation activities
- Dispensing medicines for prescriptions extended in the U.K. and
- Air traffic concessions
BASE REGULATION OF CERTAIN ISSUES
The Decree provides a security framework, and expressly declares that certain regulations are made for the event that there is no agreement between U.K. and E.U., or that such agreement, if achieved, loses its validity.
This base regulation shall enter in force on 1 January 2021 unless a future relationship agreement between E.U. and U.K. has entered into force on that date, and expressly provides for the provisions set out in those Articles.
Moreover should such future relationship agreement be provisional and should it’s validity be lost, then these articles would automatically enter into force on that date.
The base regulation is essentially conditioned by reciprocity.
The base regulation is referred to:
- Access and exercise of the profession (Art. 4),
- Legislation applicable to Social Security (art. 9),
- Access to health care (art. 11), and
- Government contracts (art. 14.2)
SOME SUBJECTS: HEALTH, DRIVING PERMITS, AND FIREARMS
From the entry into force of the royal decree-law, and until the 30th of June 2021, Spain will continue to provide healthcare on the same terms and under the same conditions established before 1st January 2021, provided that the United Kingdom guarantees these same conditions to those persons entitled to health care from Spain.
Driving permits, valid and in force, issued by the British authorities will enable their owners to drive in Spain for a period of six months, from 1 January 2021.
European Firearms Cards issued by the United Kingdom will lose their validity in Spain from 1 January 2021. Those previously issued by Spain will lose their validity in the United Kingdom from the same date, unless otherwise provisioned by the United Kingdom.
Post published 30th Dec 2020
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