Resolution of the Council of Ministers No. 157/2021

Summary: States the calamity situation in the scope of the COVID-19 disease pandemic.

The evolution of the epidemiological situation in Portugal and, above all, in the other Member States of the European Union, has shown an upward trajectory in terms of the number of new daily cases of the COVID-19 disease. a marked increase in the incidence rate and transmissibility rate of the SARS-CoV-2 virus.

Despite the fact that, as a result of the high vaccination rate achieved in Portugal, pressure indicators on the National Health Service and the impact on mortality are below the reference levels proposed by experts, the aforementioned reality requires the immediate adoption of preventive measures, from in an attempt to avoid the worsening of the epidemiological situation.

Seeking to find a balance between the concerns described above and the vaccination coverage of the Portuguese population, it is decided to adopt a set of preventive measures, fundamentally based on greater use of masks, on the mandatory presentation of the digital certificate for access to certain events and services and the massification of testing, which will be mandatory for access to some events and equipment. In this regard, testing is currently contraindicated for citizens recovered from COVID-19 disease for a period of 180 days – a period, incidentally, coinciding with the validity of the EU COVID Digital Certificate in the form of recovery certificate -, it becomes necessary to provide an exception for these citizens in situations where a test is required to screen out SARS-CoV-2 infection with a negative result. In fact, in the absence of this exception, many citizens, insofar as they would not be able to present that test with a negative result despite being recovered, would be discriminated against in accessing the mainland territory and certain establishments, structures or equipment, a situation that must be avoided.

On the other hand, it recommends prudence to anticipate the impacts that the coming festive season may have. Indeed, it is expected that it will result in an increase in social interactions and interactions, and measures should be taken now to prevent the spread of the virus within a period of roughly one week after the end of the year. In this way, it is already defined that between the 2nd and 9th of January 2022 it will be mandatory, under the terms of Decree-Law No. 79-A/2020, of October 1, in its current wording, the adoption of the telework regime – whenever the functions in question allow it and the worker has conditions to exercise them – in all municipalities of the mainland national territory, with the extension of the application of this regime, with the necessary adaptations, to the direct and indirect administration of the State and the recommendation of its application to other public entities, without prejudice to the provisions of Order No. 8053-A/2021, of August 13th. In addition to the aforementioned obligation, the adoption of the telework regime is recommended whenever the functions in question allow it, throughout the mainland national territory.

Regarding tourist or local accommodation establishments, as well as restaurants and similar establishments, gambling establishments, casinos, bingos or similar, gyms and gyms, it is foreseen that access to them, regardless of the day of the week or the time , depends on the presentation, by customers, at the time of check-in or entry into establishments, of a COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June, of proof of vaccination attesting to the complete vaccination schedule or proof that a test has been carried out to screen out the SARS-CoV-2 infection with a negative result.

On the other hand, access to bars, other non-spectacled drinking establishments and establishments with dance space, regardless of the day of the week or time, depends on the presentation of the EU COVID Digital Certificate in the form of test certificate or of recovery, or other proof of a negative test for SARS-CoV-2 infection being performed.

Additionally, it is foreseen that between the 2nd and 9th of January 2022, bars, other non-spectacled beverage establishments and venues with dance venues will be closed.

Access to events of any nature, as well as shows or sporting events – with the exception of religious celebrations – depends on the presentation, by all participants, of the EU COVID Digital Certificate admitted under the terms of Decree-Law no. 54-A/2021, of June 25, with access to certain sporting events or large-scale events – as defined by the General Directorate of Health (DGS) – that do not have marked seats, that imply the mobility of people through different spaces or that carried out in temporary or improvised spaces, covered or outdoors, depends on the presentation of the EU COVID Digital Certificate in the modalities of test or recovery certificate, or other proof of carrying out a test for screening for SARS-CoV-2 infection with negative result.

They also depend on the presentation of the EU COVID Digital Certificate in the form of test or recovery certificate – or the performance of a test with a negative result, under the terms to be defined by the DGS and the National Health Institute Doctor Ricardo Jorge, IP – visits to users admitted to health care establishments and to users in residential structures for the elderly, integrated long-term care units of the National Integrated Long-term Care Network and other structures and residential responses dedicated to children, young people and people with disabilities.

Finally, until January 9, 2022, for the purposes of international travel, the presentation of the EU COVID Digital Certificate in the modalities of test or recovery certificate, or the performance of a nucleic acid amplification test (TAAN) ) or rapid antigen test (TRAg) to screen for SARS-CoV-2 infection with negative result, under the terms of this resolution. During the same period, the rules relating to entry into mainland national territory by air will apply, with the necessary adaptations, to land, sea and river borders.

Thus:

Pursuant to article 12 of Decree-Law no. 54-A/2021 , of 25 June, of article 13 of Decree-Law no. 10-A/2020 , of 13 March, in its current wording, pursuant to the provisions of article 2 of Law No. 1-A/2020 , of March 19, in its current wording, Bases 34 and 35 of Law No. 95/2019 , of 4 March September, of article 17 of Law no. 81/2009 , of August 21, of article 19 of Law no. 27/2006 , of July 3, in its current wording, and of paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:

1 – Declare, following the epidemiological situation of the COVID-19 disease, until 23:59 h on March 20, 2022, the situation of calamity throughout the continental national territory.

2 – Determine, without prejudice to the powers of the Government members responsible for the areas of economy, internal administration, Public Administration, health, environment and infrastructure, which may be exercised jointly with the Government members responsible for the respective areas sectoral, when applicable, the adoption, throughout the continental national territory, of the following exceptional measures, necessary to combat the COVID-19 disease, as well as those provided for in the regime attached to this resolution and of which it is an integral part:

a) The establishment of rules for the protection of individual and collective health of citizens;

b) The establishment of operating rules for industrial, commercial and service establishments;

c) The establishment of rules applicable to air traffic and airports.

3 – To reinforce, without prejudice to the preceding paragraphs, that it is incumbent upon the security forces and services, the municipal police, the Food and Economic Security Authority and the Authority for Working Conditions to monitor compliance with the provisions of this resolution and determine the reinforcement inspection actions of compliance with the provisions of this resolution, whether on public roads, in commercial and catering establishments or in workplaces.

4 – Determine, within the scope of the declaration of the disaster situation, the activation of territorially competent political coordination structures.

5 – Establish, within the scope of protection and relief:

a) Maintaining the state of readiness of security forces and services, emergency medical services and all civil protection agents, with reinforcement of resources for possible support operations in the area of ​​public health;

b) The maintenance of the functioning of the COVID-19 Subcommittee, within the scope of the National Civil Protection Commission, on a permanent basis, as a structure responsible for collecting and processing information relating to the ongoing epidemic, ensuring permanent monitoring of the situation;

c) The use, when necessary, of the system of warnings to the population by the National Emergency and Civil Protection Authority.

6 – Determine that the health authorities communicate to the forces and security services of the place of residence the application of mandatory confinement measures to patients with COVID-19, those infected with SARS-CoV-2 and to close contacts under active surveillance.

7 – Determine that, by decision of the regional health administration and the territorially competent public health department, teams may be set up to monitor citizens in a situation of mandatory confinement, with representatives of the local health authority, municipal civil protection, social security and , when necessary, security forces and services, as well as, by order of the Government member responsible for the health area and the respective sectorial area, any other services, bodies, entities or structures of the direct or indirect administration of the State.

8 – Reinforce that, during the period of validity of the calamity situation, citizens and other entities have, under the terms of paragraphs 1 to 3 of article 6 of Law no. 27/2006 , of 3 July , in its current wording, the duty of collaboration, namely in the fulfillment of orders or instructions from the health authorities, the bodies and agents responsible for internal security and civil protection and in the prompt satisfaction of requests that are justifiably made to them by the competent entities to the implementation of the measures that justify this declaration of calamity.

9 – Establish that the Government assesses, at all times, the monitoring of the application of the sanctions framework for violation of this resolution, based on the report made by the forces and security services to the Government member responsible for the area of ​​internal administration in relation to the degree of compliance with the measures adopted by this resolution.

10 – Reinforce that disobedience and resistance to the legitimate orders of the competent authorities, when practiced during the term of the calamity and in violation of the provisions of the regime attached to this resolution, constitute a crime and are sanctioned under the terms of criminal law, being the respective penalties aggravated by a third, in their minimum and maximum limits, pursuant to paragraph 4 of article 6 of Law no. 27/2006 , of 3 July, in its current wording.

11 – Determine that:

a) For the purposes of paragraphs 1 and 3 of article 2 of Decree-Law no. 79-A/2020 , of 1 October, in its current wording, and without prejudice to the provisions of the following paragraph, all municipalities in the mainland national territory are considered, and it is recommended, throughout the same territory, the adoption of the telework regime whenever the functions in question allow it;

b) Between 2 and 9 January 2022, for the purposes of paragraph 2 of article 2 of Decree-Law no. 79-A/2020 , of 1 October, in its current wording, are considered all municipalities in the continental national territory, as well as the extension of the application of this regime, with the necessary adaptations, to the direct and indirect administration of the State and the recommendation of its application to other public entities, without prejudice to the provisions of Dispatch no. 8053-A/2021, of August 13th.

12 – To revoke the Resolution of the Council of Ministers No. 135-A/2021 , of 29 September.

13 – Determine that this resolution enters into force on December 1, 2021.

Presidency of the Council of Ministers, 25 November 2021. – The Prime Minister, António Luís Santos da Costa.

ANNEXED

Disaster regime referred to in paragraphs 2 and 10 of this resolution

CAPÍTULO I

Object and scope

Article 1

Object

This regime establishes exceptional and temporary response measures to the SARS-CoV-2 epidemic and to the COVID-19 disease within the scope of the declaration of a disaster situation.

Article 2

Territorial scope of application

The provisions of this regime are applicable to the entire continental national territory.

CHAPTER II

Sanitary and public health measures

Article 3 mandatory confinement

1 – They are in compulsory confinement, in a health establishment, at home or, if that is not possible, in another place defined by the competent authorities:

a) Patients with COVID-19 and those infected with SARS-CoV-2;

b) Citizens for whom the health authority or other health professionals have determined active surveillance.

2 – The health authorities inform the security forces and services of the place of residence of the application of mandatory confinement measures.

3 – According to the assessment of the epidemiological situation and the specific risk, the responsibility of the regional health administration and the territorially competent public health department, citizens subject to mandatory confinement may be monitored for the purpose of providing for social and health needs , through a joint visit of the municipal civil protection, municipal social action services, social action services of the Social Security Institute, IP, public health authorities, care units and security forces, as well as, by order the member of the Government responsible for the health area and the respective sectorial area, any other services, bodies, entities or structures of the direct or indirect administration of the State.

Article 4

body temperature control

1 – Body temperature measurements can be carried out by non-invasive means, in the control of access to the workplace, to public services or institutions, to educational, teaching and professional training establishments, to commercial, cultural or sports spaces, to means to health facilities, prisons or educational centers, as well as residential structures.

2 – Persons referred to in the following article may also be subject to body temperature measurements.

3 – The provisions of the preceding paragraphs do not affect the right to individual data protection, with the recording of body temperature associated with the person’s identity being expressly prohibited, except with the express authorization of the person.

4 – Measurements can be carried out by a worker working for the entity responsible for the location or establishment, always using equipment suitable for this purpose, which cannot contain any memory or record the measurements made, and no physical contact with the person is permitted. targeted.

5 – The employee referred to in the preceding paragraph is subject to professional secrecy.

6 – Access to the places mentioned in paragraph 1 may be prevented whenever the person:

a) Refuse the measurement of body temperature;

b) Shows a result higher than the normal body temperature, considering as such a body temperature equal to or higher than 38ºC.

7 – In cases where the provisions of subparagraph b) of the preceding paragraph determines the impossibility of access of a worker to the respective workplace, the absence is considered justified.

Article 5

Performing diagnostic tests for SARS-CoV-2

1 – May be subject to SARS-CoV-2 diagnostic tests, in accordance with the standards and guidelines of the General Directorate of Health (DGS):

a) Workers and users of health care establishments;

b) Workers, students and visitors to educational, teaching and vocational training establishments and higher education institutions;

c) Workers, users and visitors of therapeutic communities and social inclusion communities, as well as temporary shelter centers and emergency accommodation centers, residential structures for the elderly, integrated continuous care units of the National Network of Integrated Continuous Care and other structures and responses dedicated to the elderly, children, youth and people with disabilities, as well as applicants and beneficiaries of international protection and reception of victims of domestic violence and human trafficking;

d) Within the scope of prison services and educational centers:

i) Inmates in prisons and young people interned in educational centers, as well as those who intend to visit them;

ii) Workers of the Prison Guard Corps and other workers of the Directorate-General for Reinsertion and Prison Services (DGRSP), in the exercise of their functions and because of them, for the purposes of access and permanence in the workplace, as well as when , in the exercise of their functions and because of them, access other places or remain in them for the purpose of transporting and guarding inmates, namely in health units and courts;

iii) Service providers and users of facilities affected by the activity of the DGRSP, whenever they intend to enter or remain in them.

2 – Diagnostic tests for SARS-CoV-2 may also be performed in other situations to be defined by the DGS.

3 – In cases where the result of the tests carried out under the preceding paragraphs makes it impossible for a worker to access the respective workplace, the absence is considered to be justified.

4 – The performance of SARS-CoV-2 diagnostic tests referred to in paragraph 1 is determined by the head of the respective establishment or service, except in the case of paragraph d), in which it is done by order of the Director General of Reinsertion and Prison Services, and paragraph 2, in which it is in accordance with the respective standard or guideline.

5 – Without prejudice to the provisions of subparagraphs b) and c) of paragraph 1 and screenings to be carried out, in particular in educational, teaching and vocational training establishments or other structures and responses dedicated to children and young people, under 12 years of age are exempt from the obligation to undergo screening tests for SARS-CoV-2 infection for the purposes of this Article.

6 – The performance of tests referred to in this article is determined in accordance with the specific guidelines of the DGS.

7 – The provisions of this article do not affect the right to the protection of personal data, the registration or conservation of personal data associated with the EU COVID Digital Certificate or with test results, including proof of its completion, associated with the identity being expressly prohibited of the person, except with the express authorization of the same, and the consultation of personal data for the purpose of verifying compliance with the provisions of this article shall be limited to what is strictly necessary.

Article 6

Exceptional measures in the field of public health

1 – The member of the Government responsible for the health area, with the power of delegation, determines:

a) Exceptional measures applicable to care activities carried out by services and establishments integrated into the National Health Service;

b) The necessary measures and the practice of acts that, within the specific scope of its action, are adequate and indispensable to guarantee normal conditions in the production, transport, distribution and supply of goods and services essential to the activity of the health sector;

c) The strictly indispensable measures relating to the processing of personal data by health services and by municipal or parish services, within the scope of the operations necessary to carry out epidemiological inquiries, screening operations and the vaccination plan against COVID-19, namely for the purpose of making contacts for epidemiological inquiry, screening or vaccination.

2 – Without prejudice to the preceding paragraph, the member of the Government responsible for the health area, in conjunction with the member of the Government responsible for the area of ​​the economy, with the power of delegation, determines the necessary exception measures, in the context of the situation of emergency caused by the epidemiological situation of the SARS-CoV-2 virus, as well as for the treatment of the disease COVID-19, in relation to:

a) Drug and medical device circuits, as well as other health products, biocides, disinfectant solutions, alcohol and personal protection equipment, namely in the context of manufacturing, distribution, marketing, import, acquisition, dispensing and prescription, with a view to ensure and make viable the supply, availability and access of the products needed by health units, patients and other users;

b) Access to medicines, namely experimental ones, used in the context of the pandemic and the continuation of clinical trials.

Article 7

Participation of the Armed Forces in epidemiological surveys and tracking of patient contacts

The Armed Forces participate in conducting epidemiological inquiries and tracing contacts of patients with COVID-19, this participation being coordinated by the respective command.

CHAPTER III

Other health measures

Article 8

General provisions applicable to establishments, equipment or other places open to the public

1 – Without prejudice to the rules specifically provided for in this regime that apply to them, the operation of activities, establishments or equipment is subject to compliance with all specific guidelines and instructions defined by the DGS for the respective sector of activity or others that may be applicable depending on the services they provide.

2 – Establishments, equipment or other places open to the public, including, when possible, public transport of passengers and transport by taxi and individual and remunerated transport of passengers in uncharacterized vehicles from an electronic platform, must ensure the monitoring of CO (index 2) and good ventilation and air conditioning in indoor areas.

3 – Retail trade establishments or establishments providing services must inform customers, in a clear and visible manner, regarding the rules of operation, access, priority, service, hygiene, safety and other relevant rules applicable to each establishment.

Article 9

Tourist or local accommodation establishments

1 – Access to tourist establishments or local accommodation establishments, regardless of the day of the week or time, depends on the presentation, by the clients, at the time of check-in:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June;

b) Proof of vaccination attesting to the complete vaccination schedule pursuant to paragraph 2 of article 4 of Decree-Law No. 54-A/2021 , of 25 June, for at least 14 days, with a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) no. 726/2004 of the European Parliament and of the Council, of March 31, 2004, whose recognition was determined by the order provided for in no. 2 of article 5 of Decree-Law no. 54-A/2021 , of 25 June; or

c) Proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021 , of 25 June.

2-the requirement to present a certificate or proof of test performance under the terms of the preceding paragraph is waived to workers of spaces or establishments as well as any suppliers or service providers that enable the operation of the same.

3 – Without prejudice to the following paragraph, catering establishments and similar integrated into tourist establishments or local accommodation establishments shall apply the provisions of the following article.

4 – The provisions of the preceding paragraph shall not apply to guests of this tourist establishment or local accommodation who have already complied with the provisions of paragraph 1.

Article 10

Restaurants and similar

1 – Access to catering establishments and similar, regardless of the day of the week or time, depends on the presentation, by the customers:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June;

b) Proof of vaccination attesting to the complete vaccination schedule pursuant to paragraph 2 of article 4 of Decree-Law No. 54-A/2021 , of 25 June, for at least 14 days, with a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) no. 726/2004 of the European Parliament and of the Council, of March 31, 2004, whose recognition was determined by the order provided for in no. 2 of article 5 of Decree-Law no. 54-A/2021 , of 25 June; or

c) Proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021 , of 25 June.

2 – The requirement to present a certificate or proof of completion of a test under the terms of the previous number is waived:

a) For the permanence of citizens on open terraces, as well as for the mere entry of these citizens inside the establishment for the purpose of accessing common services, namely access to sanitary facilities and payment systems;

b) To the workers of spaces or establishments, as well as to any suppliers or service providers that enable their operation.

3 – For the purposes of paragraph a) of the previous number, open terraces are considered, namely:

a) Those that fall within the concept of open esplanade under the terms of Decree-Law No. 48/2011 , of April 1, in its current wording, provided they are outdoors; or

b) Any space in the establishment, as long as it is outdoors and outdoors.

4 – For the purposes of the preceding paragraph, when spaces have a structure or coverage, this does not preclude qualification as an open esplanade, provided that they are folded down or removed so that the space is not fully covered and allows air circulation.

5 – For terraces that do not integrate the concept of open terrace, the rules for catering establishments and similar indoors apply.

Article 11

Games of chance, casinos, bingo or similar establishments

1 – Access to gambling establishments, casinos, bingos or similar, regardless of the day of the week or time, depends on the presentation, by the customers:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June;

b) Proof of vaccination attesting to the complete vaccination schedule pursuant to paragraph 2 of article 4 of Decree-Law No. 54-A/2021 , of 25 June, for at least 14 days, with a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) no. 726/2004 of the European Parliament and of the Council, of March 31, 2004, whose recognition was determined by the order provided for in no. 2 of article 5 of Decree-Law no. 54-A/2021 , of 25 June; or

c) Proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021 , of 25 June.

2-the requirement to present a certificate or proof of test performance under the terms of the preceding paragraph is waived to workers of spaces or establishments as well as any suppliers or service providers that enable the operation of the same.

Article 12

Bars and other drinking establishments

1 – Access to bars, other non-spectacled drinking establishments and establishments with a dance space, regardless of the day of the week or time, depends on the presentation by the customers:

a) EU COVID Digital Certificate in the modalities of test or recovery certificate, as provided, respectively, in subparagraphs b) and c) of paragraph 1 of article 4 of Decree-Law no. 54-A/ 2021 , of June 25; or

b) Other proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of the Decree-Law No. 54-A/2021 , of 25 June.

2 – Compliance with the provisions of the preceding paragraph is waived for workers in spaces or establishments as well as any suppliers or service providers that enable the operation of the same, except, in both cases, if required under other rules .

3 – Between the 2nd and 9th of January 2022, bars, other non-spectacled beverage establishments and venues with dance venues are closed.

Article 13

Events

1 – Events, including sports, as well as other events not covered by paragraph 6, whether held indoors, outdoors or outside fixed venues, may be held in accordance with the specific guidelines of the DGS provided that preceded by a risk assessment, by the local health authorities, to determine the feasibility and conditions of its realization.

2 – Without prejudice to the provisions of paragraph 4, access to events of any nature, as well as shows, depends on the presentation, by all participants:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June;

b) Proof of vaccination attesting to the complete vaccination schedule pursuant to paragraph 2 of article 4 of Decree-Law No. 54-A/2021 , of 25 June, for at least 14 days, with a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) no. 726/2004 of the European Parliament and of the Council, of March 31, 2004, whose recognition was determined by the order provided for in no. 2 of article 5 of Decree-Law no. 54-A/2021 , of 25 June; or

c) Proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021 , of 25 June.

3 – The provisions of the previous number are not applicable to religious celebrations.

4 – Access to large-scale events, sporting events, events that do not have marked seats, events that involve the mobility of people through different spaces or events that take place in temporary or improvised venues, covered or outdoors , It depends:

a) The presentation of the EU COVID Digital Certificate in the modalities of test or recovery certificate, as provided for, respectively, in subparagraphs b) and c) of paragraph 1 of article 4 of Decree-Law no. A/2021 , of June 25;

b) The presentation of other proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of the Decree -Law No. 54-A/2021 , of June 25; or

c) The performance of a test with a negative result, under the terms to be defined by the DGS and by the National Institute of Health Doctor Ricardo Jorge, IP (INSA, IP).

5 – The DGS defines the number of participants up to which is considered “large events”, as well as the number of participants up to which, in events of the nature referred to in the previous number, the presentation of a COVID Digital Certificate is waived of the EU, in the modalities of test or recovery certificate, of proof of carrying out a test with a negative result or that a test has been carried out, in such cases, the provisions of paragraph 2 shall apply.

6 – Family events, including weddings and baptisms, religious celebrations, events of a corporate nature held in spaces suitable for this purpose, namely congress halls, tourist establishments, venues suitable for holding trade fairs and cultural events in show venues of a fixed nature.

7 – Without prejudice to the duty to request and verify compliance with the provisions of paragraphs 2 and 4 by the event organizers, the responsibility for carrying out diagnostic tests for SARS-CoV-2, as well as for the respective charges, is of the participant in the event.

Article 14

Measures in the context of residential structures

1 – The protection of residents in residential structures for the elderly, integrated continuing care units of the National Integrated Continuing Care Network and other residential structures and responses dedicated to children, youth and people with disabilities, as well as applicants and beneficiaries of international protection and the reception of victims of domestic violence and human trafficking, given their special vulnerability, must involve, without prejudice to compliance with the specific guidelines of the DGS:

a) Permission to carry out visits to users by:

i) Presentation of the EU COVID Digital Certificate in the modalities of test or recovery certificate, as provided for, respectively, in subparagraphs b) and c) of paragraph 1 of article 4 of Decree-Law no. 54-A /2021 , of June 25;

ii) Presentation of other proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of the Decree- Law No. 54-A/2021 , of 25 June; or

iii) Carrying out a test with a negative result, under the terms to be defined by the DGS and by the INSA, IP;

b) Self-monitoring of disease symptoms by professionals working in these units, as well as surveillance of residents’ symptoms and regular screening in order to identify suspected cases early;

c) Carrying out regular screenings of users and professionals;

d) The mandatory use of surgical masks by all professionals in these structures;

e) Testing of all residents if a positive case is detected in any contact;

f) The provision of municipal or other equipment, in case it is necessary to accommodate people in prophylactic isolation or in a situation of confirmed infection of the COVID-19 disease that, in view of the clinical evaluation, does not determine the need for hospitalization;

g) The clinical follow-up of COVID-19 patients whose clinical situation does not require hospital admission by health professionals from the health center groups in the respective intervention area, in conjunction with the hospital in the reference area;

h) The maintenance of follow-up by the multidisciplinary teams.

2 – The permission provided for in subparagraph a) of the preceding paragraph is not applicable to structures and responses dedicated to welcoming victims of domestic violence and trafficking in human beings.

3 – Without prejudice to the terms that may be defined by the DGS and the INSA, IP, as provided for in subparagraph iii) of subparagraph a) of paragraph 1, the SARS-CoV-2 diagnostic tests are carried out by a professional of health, the respective results being globally communicated to the person in charge of the technical direction of the residential structure, who is subject to professional secrecy.

4 – In case of detection of positive cases, the entity responsible for analyzing the results communicates the identification of those targeted directly to the person in charge of the technical direction of the residential structure, as soon as possible, in order to prevent contagion.

5 – For the purposes of paragraphs 3 and 4, personal data may be processed to the extent strictly necessary.

Article 15

Visits to health care establishments

Access by visitors to users admitted to health care establishments depends on:

a) The presentation of the EU COVID Digital Certificate in the modalities of test or recovery certificate, as provided for, respectively, in subparagraphs b) and c) of paragraph 1 of article 4 of Decree-Law no. A/2021 , of June 25;

b) The presentation of other proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of the Decree -Law No. 54-A/2021 , of June 25; or

c) The performance of a test with a negative result, under the terms to be defined by the DGS and by the INSA, IP

Article 16

Access to gym and gyms

1 – Access to gyms and gyms depends on the presentation:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June;

b) Proof of vaccination attesting to the complete vaccination schedule pursuant to paragraph 2 of article 4 of Decree-Law No. 54-A/2021 , of 25 June, for at least 14 days, with a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) no. 726/2004 of the European Parliament and of the Council, of March 31, 2004, whose recognition was determined by the order provided for in no. 2 of article 5 of Decree-Law no. 54-A/2021 , of 25 June; or

c) Proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021 , of 25 June.

2-the requirement to present a certificate under the terms of the preceding paragraph is waived to workers of spaces or establishments as well as any suppliers or service providers that enable the operation of the same.

Article 17

Exceptions to the rules on presentation of certificates

For the purposes of this chapter, minors under 12 years of age are exempt from the obligation to present the EU COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June, from the presentation of proof of completion of test with negative result or test.

CHAPTER IV

Measures applicable to air traffic, airports and land, sea and river borders

Article 18

General rules applicable to entry into national territory by air

1 – Only essential and non-essential trips are authorized:

a) Passengers from countries that make up the European Union and countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland);

b) Passengers holding a COVID EU Digital Certificate admitted under the terms of paragraph 1 of article 5 of Decree-Law No. 54-A/2021 , of 25 June, as well as passengers holding a digital certificate for a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) No. 726/2004 of the European Parliament and of the Council of 31 March 2004, which has been the subject of a decision of implementation of the European Commission, pursuant to Article 8(2) of Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June;

c) Passengers holding proof of vaccination attesting to the complete vaccination schedule pursuant to paragraph 2 of article 4 of Decree-Law no. 54-A/2021 , of 25 June, for at least 14 days , with a vaccine against COVID-19 with marketing authorization under the terms of Regulation (EC) No. 726/2004 of the European Parliament and of the Council, of March 31, 2004, whose recognition was determined by the stipulated order in no. 2 of article 5 of Decree-Law no. 54-A/2021 , of 25 June;

d) Passengers from countries, special administrative regions and territorial entities and authorities not recognized as countries by at least one Member State of the European Union, whose epidemiological situation is in accordance with Council Recommendation (EU) 2020/912 of June 30, 2020, and respective updates, relating to air connections with Portugal and included in the list to be defined pursuant to paragraph 4, subject to confirmation of reciprocity, or for passengers from these countries even if they stop in countries that appear on the same list;

e) Passengers from other countries to be defined under the terms of paragraph 4, when the order provided for therein so permits.

2 – Essential passenger trips from countries not listed in the previous number are also authorized, namely:

a) Travel for professional, study, family, health or humanitarian reasons;

b) Trips intended to allow foreign citizens who are in mainland Portugal to return to the respective countries, provided that such flights are promoted by the competent authorities of such countries, subject to prior request and agreement, and in compliance with the principle of reciprocity.

3 – Foreign citizens without legal residence in the national territory who stop at a national airport must wait for a connecting flight to the respective countries in a proper place inside the airport.

4 – When the epidemiological situation so justifies, the members of the Government responsible for the areas of foreign affairs, national defense, internal administration, health and civil aviation may, by order, determine to apply restrictive measures to entry into national territory and to air traffic from certain countries, as well as to establish rules different from those defined in this chapter, namely with regard to the permission of non-essential travels or the presentation of the nucleic acid amplification test (TAAN) or rapid antigen test (TRAg) , following the implementation of vaccination, testing and recovery certificates or proof of vaccination.

Article 19

Rules applicable to entry into national territory by air regarding testing and temperature control

1 – Airlines must only allow passengers to board flights with destination or stopover in mainland Portugal upon presentation, at the time of departure, of proof of laboratory performance of the nucleic acid amplification test (TAAN) or rapid test of antigen (TRAg) to screen for SARS-CoV-2 infection with a negative result, performed within 72 or 48 hours prior to boarding, respectively. of the provisions of paragraph 16.

2 – For the purposes of the preceding paragraph, the presentation of one of the proofs referred to in subparagraphs b) and c) of paragraph 1 of the preceding article dispenses with the presentation of proof of a test with a negative result, under the terms of n. 1 of article 6 of Decree-Law no. 54-A/2021 , of 25 June.

3 – National citizens and foreign citizens legally resident in mainland territory, as well as diplomatic personnel located in Portugal who, exceptionally, do not carry proof of having a negative test for SARS-CoV-2 infection under the terms of paragraph 1, they must carry out, on arrival, before entering mainland territory, at their own expense, a nucleic acid amplification test (TAAN) or rapid antigen test (TRAg), being, for this purpose, forwarded by the competent authorities.

4 – Passengers referred to in the preceding paragraph, as well as those who are detected at a body temperature equal to or greater than 38°C and who, for that reason, undergo a rapid antigen test (TRAg) to screen for SARS-CoV infection -2, wait in a proper place inside the airport until the result is notified.

5-the provisions of the preceding paragraphs are not applicable to children under 12 years of age, under the terms of paragraph 2 of article 6 of Decree-Law no. 54-A/2021 , of 25 June.

6 – The laboratory tests referred to in paragraphs 3 and 11 are carried out and made available by ANA – Aeroportos de Portugal, SA (ANA, SA), through health professionals qualified for this purpose, and this service may be subcontracted.

7 – Citizens of third countries without legal residence in national territory who board without the test referred to in paragraph 1 must be refused entry into national territory.

8 – The security forces and the Aliens and Borders Service (SEF) supervise the provisions of the preceding paragraphs.

9 – For the purposes of this article, only rapid antigen tests (TRAg) that are included in the common list of rapid antigen tests for screening for COVID-19 disease in the community area, agreed by the Union Health Security Committee, are allowed European.

10 – For the purposes of compliance with the provisions of the preceding paragraph, the proof of laboratory performance of the rapid antigen test (TRAg) must indicate, obligatorily, the set of standardized data agreed by the European Union Health Safety Committee.

11 – Passengers boarding with proof of carrying out a rapid antigen test (TRAg) that does not meet the requirements set out in paragraphs 9 and 10 must undergo a new nucleic acid amplification test (TAAN) or rapid antigen test (TRAg) ) upon arrival, before entering mainland territory, at their own expense, and must wait in a proper place, inside the airport, until notification of the result.

12 – ANA, SA must carry out, at the Portuguese international airports it manages, the infrared body temperature tracking of all passengers arriving in mainland national territory.

13 – Passengers who, within the scope of the screening referred to in the preceding paragraph, a body temperature equal to or greater than 38°C is detected must be immediately forwarded to a space suitable for repeating the measurement of body temperature, and these passengers must, if the assessment of the situation warrants, being subjected to rapid antigen test (TRAg) to screen for SARS-CoV-2 infection.

14 – The monitoring of body temperature control by infrared and the measurement of body temperature are the responsibility of ANA, SA, the latter being carried out by health professionals duly qualified for the purpose, even if subcontracted.

15 – For the purposes of paragraph q) of article 2 of Decree-Law No. 28-B/2020 , of June 26, in its current wording, national citizens and foreign citizens with legal residence in national territory and their family members within the meaning of Directive 2004/38/EC of the European Parliament and of the Council, of 29 April 2004, as well as diplomatic personnel stationed in Portugal, who board without the test referred to in paragraph 1 on flights originating in Portuguese-speaking African countries and on flights to support the return of nationals or holders of a residence permit in mainland Portugal or of a humanitarian nature.

16 – ANA, SA must implement a system to verify compliance with the provisions of paragraph q) of article 2 of Decree-Law no. 28-B/2020 , of 20 June, in its current wording, by the passengers through, in particular, professionals in the area of ​​private security allocated for this purpose, without prejudice to verification, upon arrival in mainland national territory, by the Public Security Police or the SEF.

17 – It is incumbent upon the Government member responsible for the area of ​​internal administration to define the terms and requirements of the system referred to in the preceding paragraph, as well as to supervise its functioning.

Article 20

Rules applicable to entry into national territory by air regarding prophylactic isolation

1 – The members of the Government responsible for the areas of foreign affairs, national defence, internal administration, health and civil aviation may determine, by order, that passengers on flights originating in countries considered at risk in the context of the pandemic situation caused by COVID-19 must comply, after entering mainland Portugal, a period of prophylactic isolation of 14 days, at home or in a place indicated by the health authorities, not considering the origin, for the purposes of this standard, an airport stopover at any of these countries.

2 – The order provided for in the preceding paragraph may also determine situations in which prophylactic isolation is waived if passengers are guaranteed compliance with a set of public health measures defined by the DGS.

3 – Airlines send, in the shortest period of time, without exceeding 24 hours after arrival in mainland Portugal, to the health authorities the list of passengers coming from flights, direct or with a stopover, originating in the countries that make up the list provided for in the preceding paragraph, with a view to complying with the provisions of paragraph 1 of this article and paragraph b) of paragraph 1 of article 3

Article 21

Exceptions to the measures applicable to entry into national territory by air

The provisions of articles 18 to 20 are not applicable:

a) State aircraft and the Armed Forces, aircraft that are or will be part of the Special Device for Combating Rural Fires, flights for the exclusive transport of cargo and mail, medical emergencies and technical stopovers for non-commercial purposes;

b) Aircraft crew.

Article 22

Measures applicable to land, sea and river borders

1 – The provisions of paragraphs 1, 2 and 4 of article 18, paragraphs 1, 2, 9 and 10 of article 19 and article 20 shall apply, with the necessary adaptations, to the boarding and disembarking of cruise ship passengers and crews in ports located in mainland national territory, in terms to be carried out by order of the members of the Government responsible for the areas of national defense, internal administration, health and infrastructure.

2 – The provisions of paragraph 4 of article 18 and article 20 are also applicable to citizens who enter national territory by land or river.

Article 23

Special Testing Measures

1 – Until January 9, 2022, for the purposes of international flights, the provisions of paragraph 2 of article 19 shall not apply, being required the presentation of a test pursuant to paragraph 1 of the same article or of a Certificate Digital COVID of the EU in the modalities of test or recovery certificate, provided for, respectively, in subparagraphs b) and c) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021 , of 25th June.

2 – During the term of the regime provided for in the preceding paragraph, the provisions of article 19, with the exception of the respective paragraph 2, shall apply, with the necessary adaptations, to land, sea and river borders, under the terms to be defined by dispatch of the members of the Government responsible for the areas of foreign affairs, internal administration and health.

3 – In the context of air, maritime and river traffic, passengers from countries that make up the European Union and countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland) covered by paragraph 1 that occur upon arrival do not holders of a certificate or proof of test performance must carry out, at that time, at their own expense, a nucleic acid amplification test (TAAN) or rapid antigen test (TRAg), being, for this purpose, forwarded by the competent authorities, without prejudice to any administrative liability that may be applicable if they are not covered by paragraphs 3 and 15 of article 19.

4 – If the test carried out under the terms of the previous number has a positive result, the passenger must comply with the mandatory confinement in a place identified by the competent authorities, at the expense of the air carrier in which he has traveled to Portugal, if he does not have a suitable place for this purpose. .

5 – In the cases provided for in the preceding paragraph, without prejudice to being equally responsible for the costs associated with accommodation as provided for therein, the air carrier in which the passenger has traveled to Portugal is also responsible for the costs associated with the passenger’s meals during the confinement period mandatory.

6 – ANA, SA must implement a system to verify compliance with the provisions of paragraph q) of article 2 of Decree-Law no. 28-B/2020 , of 20 June, in its current wording, by the passengers through, in particular, professionals in the private security area allocated for this purpose.

7 – It is incumbent upon the Government member responsible for the area of ​​internal administration to define the terms and requirements of the system referred to in the preceding paragraph, as well as to supervise its functioning.

8-By order of the members of the Government responsible for the areas of foreign affairs, national defence, internal administration, health and civil aviation, the period provided for in paragraph 1 may be extended, if the epidemiological situation so justifies.

9 – The provisions of this article are a special rule and prevail over the provisions of the previous articles.

114775408