Resolution of the Council of Ministers No. 25-A/2022

Summary: Declares the alert situation in the context of the COVID-19 disease pandemic.

The epidemiological situation caused by the COVID-19 disease pandemic has seen a positive evolution in Portugal. The number of new daily cases of SARS-CoV-2 infection, as well as the number of citizens hospitalized, including those in intensive care, has also been reduced, largely thanks to the protection afforded by the high vaccination rate in our country.

However, there is still a high number of new daily cases and mortality above the reference threshold.

In any case, considering the epidemiological criteria for managing the COVID-19 disease pandemic and the response capacity of the National Health Service, the country is in a situation that allows the lifting of most of the containment measures in force.

First, the alert situation is declared for the entire continental national territory.

Second, the rule of confinement of people considered to be at risk of infected people ceases to apply.

Thirdly, the telecommuting recommendation ends.

Fourthly, there are no longer any capacity limits in establishments, equipment and any other places open to the public.

In turn, the EU COVID Digital Certificate is now required only with regard to border control. On the other hand, taking into account the uncertainty regarding the evolution of the pandemic, namely the risk of new variants of concern for the SARS-CoV-2 virus emerging, in order to enable the adoption of new measures that may be necessary, foresee- the possibility of adopting measures on air traffic, airports and land, sea and river borders.

Finally, proof of testing with a negative result is no longer required for access to major events, sports venues, bars and nightclubs.

So:

Pursuant to article 12 of Decree-Law no. 54-A/2021 , of 25 June, in its current wording, article 13 of Decree-Law no. 10-A/2020 , of 13 of March, in its current wording, pursuant to article 2 of Law no. 1-A/2020 , of March 19, in its current wording, of Bases 34 and 35 of Law no. 2019 , of 4 September, of article 17 of Law no. 81/2009 , of 21 of August, of no. 6 of article 8 of Law no. 27/2006 , of 3 July, 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, by 11:59 pm on March 7, 2022, the alert situation throughout mainland Portugal.

2 – Determine, without prejudice to the powers of the members of the Government responsible for the areas of economy, internal administration, Public Administration, health, environment and infrastructure, which may be exercised jointly with the members of the Government responsible for the respective areas sectors, when applicable, the adoption, throughout the national mainland, of rules for the protection of the individual and collective health of citizens necessary to combat the COVID-19 disease, as well as those provided for in the regime annexed to this resolution and of which it forms integral part.

3 – To reinforce, without prejudice to the previous numbers, that it is incumbent on the security forces and services, the municipal police, the Food and Economic Safety Authority and the Authority for Working Conditions to supervise compliance with the provisions of this resolution and determine the implementation of inspections of compliance with the provisions of this resolution.

4 – Determine, within the scope of the declaration of the alert situation, the activation of the 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, medical emergency services and all civil protection agents, with reinforcement of means 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 on the ongoing epidemic outbreak, ensuring permanent monitoring of the situation;

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

6 – Determine that health authorities communicate to the security forces and services of the place of residence the application of mandatory confinement measures to patients with COVID-19.

7 – Determine that, by decision of the regional health administration and the territorially competent public health department, monitoring teams can be set up for 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 member of the Government responsible for the area of ​​health and the respective sectoral 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 alert situation, citizens and other entities have, under the terms of paragraphs 1 to 3 of article 6 of Law n.º 27/2006 , of 3 July , in its current wording, the duty of collaboration, namely in complying with orders or instructions from health authorities, bodies and agents responsible for internal security and civil protection and in promptly satisfying requests that are justifiably made to them by the competent authorities to implementation of the measures that justify this warning statement.

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

10 – To reinforce that disobedience and resistance to the legitimate orders of the competent authorities, when practiced during the duration of the alert situation and in violation of the provisions of the regime annexed to this resolution, constitute a crime and are sanctioned under the terms of the criminal law, being the respective penalties increased by one third, within their minimum and maximum limits, under the terms of paragraph 4 of article 6 of Law n.º 27/2006 , of 3 July, in its current wording.

11 – Consider as epidemiological criteria for the management of the COVID-19 disease pandemic the indicators relating to mortality and the number of beds in intensive care units (ICU) occupied by people infected with SARS-CoV-2, namely:

a) The number of deaths within 14 days per 1,000,000 inhabitants is less than 20;

b) The number of beds in ICUs occupied by people infected with SARS-CoV-2 is less than 170.

12 – Revoke the Resolution of the Council of Ministers No. 157/2021 , of 27 November, in its current wording.

13 – To determine that this resolution enters into force on the day following its publication.

Presidency of the Council of Ministers, 17 February 2022. – By the Prime Minister, Pedro Gramaxo de Carvalho Siza Vieira, Minister of State, Economy and Digital Transition.

ANNEXED

(to which paragraphs 2 and 10 refer)

Article 1

Object

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

Article 2

Territorial scope of application

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

Article 3

mandatory confinement

1 – Patients with COVID-19 and those infected with SARS-CoV-2 are in mandatory confinement, in a health facility, at home or, if this is not possible, in another place defined by the competent authorities.

2-the health authorities communicate to the security forces and services of the place of residence the application of the mandatory confinement measures.

3 – According to the assessment of the epidemiological situation and the concrete risk, under the responsibility of the regional health administration and the territorially competent public health department, citizens subject to mandatory confinement can be accompanied for the purpose of providing social and health needs , through a joint visit by the municipal civil protection, the municipal social services, the social services of the Instituto da Segurança Social, IP, the public health authorities, the care units and the security forces, as well as, by means of an order the member of the Government responsible for the area of ​​health and the respective sectoral area, any other services, bodies, entities or structures of the direct or indirect administration of the State.

Article 4

Conducting diagnostic tests for SARS-CoV-2

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

a) Workers and users of health care establishments;

b) Workers in pre-school education establishments;

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

d) Within the scope of prison services, the workers of the Prison Guard Corps and other workers and service providers of the Directorate-General for Reinsertion and Prison Services (DGRSP) assigned to prison establishments, in the exercise of their functions and because of them, for the purposes of access and permanence at the workplace, as well as when, in the exercise of their functions and because of them, they access other places or remain there for the purpose of transporting and guarding prisoners, namely in health units and courts.

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 previous numbers makes it impossible for a worker to access the respective workplace, the absence is considered justified.

4 – The carrying out of the 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 subparagraph d), in which it is by order of the Director-General of Reinsertion and Prison Services, and paragraph 2, in which it is under the terms of the respective rule or guideline.

5 – The tests referred to in this article are determined in accordance with the specific guidelines of the DGS.

6 – The provisions of this article do not prejudice the right to the protection of personal data, being expressly prohibited the registration or storage of personal data associated with the EU COVID Digital Certificate or test results, including proof of their performance, associated with identity. 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 must be limited to what is strictly necessary.

Article 5

Measures within the scope of residential structures

1 – The protection of residents in residential structures for the elderly, integrated continuing care units of the National Network of Integrated Continuing Care and in other residential structures and responses dedicated to children, young people and people with disabilities, as well as applicants and beneficiaries of international protection and the reception of victims of domestic violence and trafficking in human beings, 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 through:

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

ii) Submission of other proof of laboratory testing with a negative result, and this test must comply with 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, in its current wording; or

iii) Carrying out a test with a negative result, under the terms to be defined by the DGS and the National Institute of Health Doutor Ricardo Jorge, IP (INSA, IP);

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

c) Conducting regular screenings of users and professionals;

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

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

f) The provision of municipal or other equipment, if 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 hospital admission;

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

h) Maintenance of follow-up by multidisciplinary teams.

2 – The permission provided for in subparagraph a) of the previous number is not applicable to structures and responses dedicated to the reception of 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, with the respective results being globally communicated to the person responsible for the technical management 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 the target directly to the person responsible for the technical management 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 6

Visits to health care establishments

The access of visitors to users hospitalized in health care establishments depends on:

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

b) The presentation of other proof of laboratory testing with a negative result, and this test must comply with 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, in its current wording; or

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

Article 7

Exceptions to the rules on presentation of certificates

1 – For the purposes of this regime, minors under 12 years of age are exempt from the obligation to present an EU COVID Digital Certificate admitted under the terms of Decree-Law No. the presentation of proof of carrying out a test with a negative result or of carrying out a test.

2 – For the purposes of subparagraph a) of paragraph 1 of article 5 and in the previous article, anyone who demonstrates having been vaccinated with a booster dose of a vaccine against COVID-19 is exempt from submitting a test with a negative result. 19, as defined in point b) of paragraph 2 of article 4 of Decree-Law no. 54-A/2021 , of 25 June, in its current wording.

Article 8

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

1 – When the epidemiological situation so justifies, the members of the Government responsible for the areas of tourism, foreign affairs, national defence, internal administration, health, civil aviation and infrastructure may, by means of an order:

a) Determine the adoption of restrictive measures for entry into national territory and for air traffic from certain sources, namely by suspending non-essential travel or establishing the obligation to present a test to screen for SARS-CoV-2 infection with a result negative under the terms of the following paragraph, essential travel must always be authorized, namely travel carried out for professional, study, family, health or humanitarian reasons, as well as travel intended to allow the return to the respective countries of foreign citizens who are in mainland Portugal, 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;

b) Determine to airlines that they must only allow passengers to board flights to or from mainland Portugal upon presentation, at the time of departure, of proof of carrying out a nucleic acid amplification test (NAA) or a rapid test of antigen (TRAg) for professional use to screen for SARS-CoV-2 infection with a negative result, carried out within 72 or 24 hours prior to the time of departure, respectively, and the airlines may also be responsible for verifying the existence of the aforementioned proof at the time of departure, without prejudice to the provisions of subparagraphs h) and i);

c) Establish that ANA – Aeroportos de Portugal, SA (ANA, SA), must carry out, through duly qualified health professionals, even if subcontracted, at the Portuguese international airports it manages, the infrared body temperature screening or the measurement of body temperature to all passengers arriving in mainland Portugal;

d) Determine that passengers who have a body temperature equal to or greater than 38ºC under the terms of the previous paragraph must be immediately taken to an adequate space for repeating the measurement of body temperature, and these passengers must, if the assessment of the situation so warrants , be subjected to a rapid antigen test (TRAg) to screen for SARS-CoV-2 infection, waiting in a proper place inside the airport until notification of the result in accordance with the terms defined by the same order;

e) Establish, if required under subparagraph b), that nationals of third countries without legal residence in national territory who embark without proof of carrying out a test with a negative result must be refused entry into national territory;

f) Determine that passengers on flights originating in countries considered at risk in the context of the pandemic situation caused by the COVID-19 disease, which are defined by the same order, must, after entering mainland Portugal, undergo a period of prophylactic isolation. of 14 days, at home or at a place indicated by the health authorities, and situations of exemption from mandatory prophylactic isolation may be foreseen if passengers are guaranteed to comply with a set of public health measures defined by the Directorate-General for Health ;

g) Provide for exceptions to the applicability of the provisions of the preceding paragraphs to State aircraft and to the Armed Forces, to aircraft that integrate or will integrate the Special Rural Fire Fighting Device, to flights for the exclusive transport of cargo and mail, of medical emergency and technical stopovers for non-commercial purposes, as well as to aircraft crew;

h) Entrust ANA, SA with implementing a system for verifying compliance with the provisions of the preceding paragraphs through, in particular, professionals in the area of ​​private security allocated for this purpose, with the order defining the terms and requirements of this verification system, as well as the terms in which the supervision of its operation must occur;

i) Entrust the security forces and the Aliens and Borders Service with monitoring compliance with the provisions of the preceding paragraphs.

2 – For the purposes of the provisions of subparagraphs a) and b) of the previous number:

a) The presentation of one of the certificates or evidence referred to in article 4 of Decree-Law no . test with a negative result that may be required, under the terms of article 6 of the same decree-law;

b) When setting measures, the origin of passengers must be taken into account, namely if they come from countries that are part of the European Union and from countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland);

c) National citizens and foreign citizens with legal residence in mainland territory, as well as diplomatic personnel stationed in Portugal who, exceptionally, do not carry proof of carrying out a test with a negative result that may be required, must be able to carry out, at the upon 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.

3 – If the measure provided for in subparagraph f) of paragraph 1 is adopted, the same order may determine that airlines must send, in the shortest possible time, without exceeding 24 hours after arrival in mainland Portugal, to the health authorities the list of passengers coming from flights, direct or with stopover, originating in the countries to which the order refers, with a view to complying with the quarantine obligation.

4 – For the purposes of the provisions of this article, if proof of the performance of a test with a negative result is required, only rapid antigen tests (TRAg) that are included in the common list of rapid antigen tests for screening may be accepted. of the COVID-19 disease in the Community, agreed by the Health Security Committee of the European Union, and proof of laboratory performance of rapid antigen test (TRAg) must necessarily indicate the set of standardized data agreed by the Health Security Committee of the European Union.

5 – If proof of testing with a negative result is required, passengers who board with proof of carrying out a rapid antigen test (TRAg) that does not meet the requirements set out in the previous number must undergo a new amplification test of nucleic acids (TAAN) or rapid antigen test (TRAg) on ​​arrival, before entering mainland territory, at their own expense, and must wait in a proper place, inside the airport, until notification of the result.

6 – For the purposes of paragraph q) of article 2 of Decree-Law no . national territory and their relatives 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 embark without proof of carrying out a test that may be required under the terms of paragraph 1 on flights originating in Portuguese-speaking African countries and on flights supporting the return of nationals or holders of residence permits in mainland Portugal or of a humanitarian nature.

7 – The regimes that may be defined under this article are not applicable to children under 12 years of age, pursuant to paragraph 2 of article 6 of Decree-Law No. 54-A/2021 , of June 25, in its current wording.

8 – The regimes that may be defined under this article may apply, with the necessary adaptations, to the embarkation and disembarkation of passengers and crews of cruise ships in ports located in mainland Portugal, as well as to citizens who enter in national territory by land or waterway, in terms to be carried out by the same order.

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