Decree no. 3-C / 2021 of January 22
Summary: Changes the regulation of the state of emergency decreed by the President of the Republic.
In view of the evolution of the epidemiological situation observed in Portugal in recent days, it is necessary to change the measures to combat the spread of the disease COVID-19. This purpose is achieved, namely, through a second amendment to Decree no. 3-A / 2021 , of 14 January.
Thus, the present Decree immediately suspends the educational and teaching activities of public, private and cooperative education establishments and the social and solidarity sector, pre-school education and basic and secondary education, starting from the 22nd of January and, at least, until the 5th of February 2021, in the event of a renewal of the state of emergency. Said suspension also concerns activities to support early childhood, day care centres, family day care centres and childminders, social support activities developed in occupational activity centres, day centres, social centres, leisure centres, as well as senior universities. In addition, on-site teaching and non-teaching activities are suspended in higher education institutions,
At the same time, and despite the suspension of the activities mentioned above, provision is made for the adoption of measures that are necessary for the provision of food support to students benefiting from levels A and B of school social action.
On the other hand, similarly to what happened in March 2020, it is also defined that educational establishments, day-care centres, family day-care centres or nannies that promote the reception of children or other dependents in charge of workers – should be identified. provided for in this Decree – whose mobilization or readiness for service prevents them from providing assistance to them.
Likewise, all leisure activities, all dance and music establishments, as well as all school sports activities, are closed.
Training activities carried out on an in-person basis, carried out by training bodies of a public, private, cooperative or social nature, are also suspended, although it is possible, exceptionally, to replace them with distance training whenever conditions are met.
With regard to public services, the closure of the Citizen Stores is determined, maintaining, however, the face-to-face service, by appointment, in the branch network of the different services, while also maintaining the provision of these services through digital media. And contact centres with citizens and businesses.
Technical vehicle inspection centres can now operate only by appointment.
Finally, the examination centres are closed, as well as shops selling cycles, motor vehicles and motorcycles.
Like this:
Under the terms of paragraph g) of article 199 of the Constitution, the Government decrees:
Article 1
Object
1 – This decree proceeds to the second amendment to Decree no. 3-A / 2021 , of 14 January, amended by Decree no. 3-B / 2021 , of 19 January, which regulates the state of emergency decreed by the President.
2 – This decree proceeds:
a) The restriction of travel authorized under the general duty of home collection, pursuant to article 4 of Decree no. 3-A / 2021, of 14 January, resulting from the suspension of academic and non-academic activities, as well as well as the other changes enunciated in the following paragraphs;
b) The closure of citizen stores, under the terms of article 31 of Decree no. 3-A / 2021, of 14 January;
c) The suspension of academic and non-academic activities and social support, pursuant to article 31-A of Decree no. 3-A / 2021, of 14 January;
d) The suspension of classroom teaching and non-teaching activities in higher education institutions, pursuant to article 31-A of Decree no. 3-A / 2021, of 14 January;
e) The identification of responses for the reception of children or other dependents in charge of essential service workers, under the terms of article 31-B of Decree no. 3-A / 2021, of 14 January;
f) The suspension of training activities, under the terms of article 31-C of Decree no. 3-A / 2021, of 14 January;
g) Determining the possibility of the member of the Government responsible for internal administration, in conjunction with the other government areas, proceed to the definition of specific control and inspection measures, pursuant to article 38 of Decree no. 3-A / 2021, of January 14;
h) The closure of commercial establishments for bicycles, motor vehicles and motorcycles;
i) The closure of examination centres;
j) Imposing the operation of technical vehicle inspection centres only by appointment.
Article 2
Amendment to Decree no. 3-A / 2021 , of 14 January
Articles 4, 15, 31 and 38 of Decree no. 3-A / 2021 , of 14 January, in their current wording, are replaced by the following:
«Article 4
[…]
1 – […].
two – […]:
The) […];

1. B) […];

ç) […];

1. d) […];

and) […];
f) […];
g) Travel to accompany minors to attend school establishments, day care centres, family day care centres or nannies that promote the reception of children or other dependents in charge of workers in essential services under the terms of article 31-B;
h) The carrying out of tests and examinations, as well as the carrying out of inspections;
i) [Repealed];
j) […];
k) […];
l) […];
m) […];
n) […];
o) Visits to users of residential structures for the elderly and for people with disabilities, integrated continuous care units of the National Integrated Care Network and other responses dedicated to elderly people;
P) […];
q) […];
r) […];
s) […];
t) […];
u) […];
v) […];
w) […];
x) […].
3 – […].
4 – […].
Article 15
[…]
1 – […].
two – […].
3 – […].
4 – […].
5 – […].
6 – […]:
a) To establishments where medical services or other health services are provided, namely hospitals, offices and clinics, dental clinics and urgent medical-veterinary care centers, and social support services, as well as support services integrated in these places;
B) […];
c) [Repealed];
d) […];
and) […];
f) […];
g) […];
H) […];
i) […].
Article 31
[…]
1 – [Repealed].
2 – [Repealed].
3 – Citizen stores are closed, maintaining in person attendance by appointment, in the network of branches of the different services, as well as the provision of these services through digital media and contact centers with citizens and companies.
4 – The functioning of public services considered essential can be determined, under the terms to be defined by order of the members of the Government responsible for the area of ​​the service in question and for the area of ​​Public Administration.
5 – The member of the Government responsible for the Public Administration area, with the power to delegate, except for the essential services referred to in article 10 of Decree-Law no. 10-A / 2020 , of 13 March , to determine:
a) The definition of guidelines regarding the constitution and maintenance of mobility situations;
b) The definition of guidelines on the cases in which Public Administration workers may be required to exercise functions in a different place than usual, in a different entity or in different working conditions and schedules;
c) The articulation with the municipalities with regard to local public services, in particular the citizen spaces, and the regime of work provision in the local administration;
d) Centralization and coordination of information regarding the functioning and communication of public attendance services;
e) Dissemination of information, support tools and innovative practices for managing and organizing work, to provide support to the activity of services and workers in new work environments.
6 – The member of the Government responsible for the area of ​​foreign affairs adapts the provisions of this article to the external peripheral services of the Ministry of Foreign Affairs.
Article 38
[…]
The Government member responsible for the internal administration area, with the power to delegate:
The) […];
B) […];
ç) […];
d) Establish specific control and inspection measures of the provisions of this decree, in conjunction with other governmental areas, when applicable due to the matter. »
Article 3
Amendment to Decree no. 3-A / 2021 , of 14 January
Articles 31-A to 31-C are added to Decree no. 3-A / 2021 , of 14 January, with the following wording:
“Article 31-A
Suspension of academic and non-academic activities
1 – The following are suspended:
a) The educational and teaching activities of public, private and cooperative education establishments and the social and solidarity sector, pre-school education and basic and secondary education;
b) Activities to support early childhood in day-care centres, family day care and childminders, social support activities developed in an occupational activity centre, day centre, social centres, leisure centre and senior universities;
c) On-site teaching and non-teaching activities of higher education institutions, without prejudice to the current assessment periods.
2 – Except for the provisions of paragraph a) of the previous number, whenever necessary, therapeutic support provided in special education establishments, in schools and by the Resource Centres for Inclusion, as well as the reception in the units integrated in the Centres of Learning Support, for students for whom additional measures were mobilized, being ensured, safeguarding the guidelines of health authorities.
3 – The groupings of schools and non-grouped schools of the public school system and the private, cooperative and social and solidarity sector establishments with public funding adopt the necessary measures for the provision of food support to students in the A and B levels school social.
4 – Without prejudice to the application of the provisions of the preceding paragraphs, the occupational activity centres, although closed, must ensure food support to their users in a situation of economic need, and, whenever the institutions meet logistical and human resources conditions, they must provide occupational monitoring to users who have to stay in their home.
5 – Local Early Intervention Teams must continue to operate in person, safeguarding all hygiene and safety measures recommended by the Directorate-General for Health, and, exceptionally, and only in cases where it is proven that quality and effectiveness are not compromised pedagogical support, may provide support using telematics means;
6 – The Independent Life Support Centres must remain in operation, guaranteeing the personal assistants to provide support to the beneficiaries in person, and the technical teams may, exceptionally, carry out the activities compatible with them using telematics means. .
7 – The responses of residential homes and autonomous residences are excluded from the provisions of paragraph 1.
Article 31b
Essential service workers
1 – An educational establishment is identified in each group of schools and, in each municipality, day-care centres, family day-care centres or nannies that promote the reception of children or other dependents in charge of workers whose mobilization for service or readiness prevents them from providing assistance. Following the suspension provided for in the previous article, and that they are:
a) Health professionals, security and relief forces and services, including volunteer firefighters, and the armed forces;
b) Workers in essential public services;
c) Workers from institutions, social facilities or entities that develop residential and social support responses to elderly people, people with disabilities, children and young people in danger and victims of domestic violence;
d) Workers in management services and maintenance of essential infrastructures, as well as other essential services.
2 – Disability institutions, with a response from the Occupational Activities Centre, without prejudice to the suspension of their activities, must guarantee support to those responsible for their users who are workers of services considered essential, under the terms identified in the previous number
3 – For the purposes of the provisions of paragraph 1, essential services are those defined in an ordinance of the Government member responsible for the Presidency of the Council of Ministers.
Article 31c
Suspension of training activities
1 – Training activities carried out in person, carried out by training bodies of a public, private, cooperative or social nature, are also suspended.
2 – The face-to-face training activity provided for in the previous number may exceptionally be replaced by distance training, whenever conditions are met for this purpose, namely when it comes to mandatory professional training required for professional access and exercise upon authorization from the competent authority. »
Article 4
Amendment to annexes I and II of Decree no. 3-A / 2021 , of January 14
1 – Annex I to Decree no. 3-A / 2021 , of January 14, is amended with the wording contained in annex I to the decree and of which it forms an integral part.
2 – Annex II to Decree no. 3-A / 2021 , of January 14, is amended with the wording contained in annex II to the decree and of which it forms an integral part.
Article 5
Repealing rule
Article 4 (i), Article 15 (6) (c), Article 31 (1) and (2), Annex I, point 3a and point 43 of annex II of Decree no. 3-A / 2021 , of 14 January.
Article 6
Republication
It is republished, in annex III to this decree and of which it is an integral part, Decree no. 3-A / 2021 , of January 14, in the wording given by this decree.
Article 7
Taking effect
Article 3 of this decree takes effect on January 22, 2021.
Article 8
Implementation
This decree enters into force on the day following its publication.
Seen and approved by the Council of Ministers on January 21, 2021. – António Luís Santos da Costa.
Signed on January 21, 2021.
Publish yourself.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on January 21, 2021.
The Prime Minister, António Luís Santos da Costa.
ANNEX I
(referred to in Article 4 (1))
«ANNEX I
[…]
1 – […].
two – […].
3 – Educational and training activities:
Study centers or explanations;
Language schools, driving schools and exam centres;
Dance and music establishments.
3 – A – [Repealed].
4 – The following sports facilities, except for professional and similar sports:
Football, rugby and similar fields;
Pavilions or enclosures;
Indoor soccer, basketball, handball, volleyball, roller hockey and similar pavilions;
Firing ranges;
Tennis courts, paddle courts and the like;
Skating rinks, ice hockey and the like;
Pools;
Boxing rings, martial arts and the like;
Permanent circuits for motorcycles, automobiles and the like;
Velodromes;
Racecourses and similar tracks;
Multisport pavilions;
Gymnasiums and gyms;
Athletics tracks;
Stadiums;
Golf courses.
5 – Activities in open spaces, spaces and public roads, or spaces and private roads similar to public roads:
Cycling, motorcycling, motoring and similar routes, except for professional and similar sports;
Nautical events and exhibitions;
Aeronautical tests and exhibitions;
Parades and popular parties or folkloric or other manifestations of any nature.
6 – […].
7 – […].
8 – […].
9 – […]. »
ANNEX II
(Referred to in Article 4 (2))
«ANNEX II
[…]
1 – […].
Two – […].
3 – […].
4 – […].
5 – […].
6 – […].
7 – […].
8 – […].
9 – […].
10 – […].
11 – […].
12 – […].
13 – […].
14 – […].
15 – […].
16 – […].
17 – […].
18 – […].
19 – […].
20 – […].
21 – […].
22 – […].
23 – […].
24 – […].
25 – […].
26 – Commercial establishments for tractors and agricultural and industrial machinery, ships and vessels.
27 – Maintenance and repair establishments for bicycles, motor vehicles and motorcycles, tractors and agricultural and industrial machinery, ships and boats, as well as the sale of parts and accessories and towing services.
28 – [Previous 27].
29 – [Previous 28].
30 – [Previous 29].
31 – [Previous 30].
32 – [Previous 31].
33 – [Previous 32].
34 – [Previous 33].
35 – [Previous 34];
36 – [Previous 35].
37 – [Previous 36].
38 – [Previous 37].
39 – [Previous 38].
40 – [Previous 39].
41 – [Previous 40].
42 – [Previous 41].
43 – [Repealed].
44 – [Previous 42].
45 – Vehicle technical inspection centres, which can only operate by appointment.
46 – [Previous 45].
47 – [Previous 46].
48 – [Previous 47].
49 – [Previous 48].
50 – [Previous 49].
51 – [Previous 50].
52 – [Previous 51].
53 – [Previous 52]. »
ANNEX III
(Referred to in Article 6)
Republication of Decree no. 3-A / 2021 , of 14 January
CHAPTER I
Purpose and scope
Article 1
Object
This decree regulates the modification and extension of the state of emergency effected by Decree of the President of the Republic no. 6-B / 2021 , of 13 January.
Article 2
Territorial application
This decree is applicable to the entire continental territory.
CHAPTER II
General provisions
SECTION I
Sanitary and public health measures
Article 3
Mandatory containment
1 – They are in compulsory confinement, in a health establishment, in a residential structure or in other responses dedicated to elderly people, at home or, where 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;
c) Citizens residing in residential structures for the elderly and in other responses dedicated to the elderly, for the purpose of exercising the right to vote in the election of the President of the Republic.
2 – The citizens referred to in subparagraph c) of the previous number may exceptionally travel for the purposes of exercising the right to vote in the election of the President of the Republic, and should preferably resort to the early voting mode in mobility.
3 – The health authorities communicate to the security forces and services of the place of residence the application of the mandatory containment measures.
4 – According to the assessment of the epidemiological situation and the specific risk, the responsibility of the regional health administration and the department of public health that are territorially competent, citizens subject to mandatory confinement may be accompanied for the purpose of providing social and health needs , through a joint visit by the municipal civil protection, the municipal social work services, the social work services of the Social Security Institute, IP, or others with the same powers, public health authorities, care units and forces of security.
Article 4
General duty of home collection
1 – Citizens may not travel on public spaces and roads, as well as on private spaces and roads equivalent to public roads, and must remain in their home, except for travel authorized by this decree.
2 – For the purposes of the preceding paragraph, authorized travel is considered to be those aimed at:
a) The acquisition of essential goods and services;
b) Access to public services, under the terms of article 31, and participation in procedural acts before judicial entities or in acts within the competence of notaries, lawyers, solicitors or registration officers;
c) The performance of professional or similar activities, when there is no place for teleworking under the terms of this decree and as attested by a statement issued by the employer or similar entity, or the search for a job or response to a job offer;
d) To attend to health reasons, namely for the purpose of obtaining health care and transportation of people to whom such care or blood donation should be administered;
e) The emergency reception of victims of domestic violence or trafficking in human beings, as well as travel for the purpose of intervention in the scope of the protection of children and young people in danger, namely, the child and youth protection commissions and multidisciplinary teams of technical assistance to the courts;
f) Assistance to vulnerable people, homeless people, people with disabilities, children, parents, the elderly or dependents, or other imperative family reasons, namely the fulfilment of parental responsibility sharing, as determined by agreement between the holders or by the competent court;
g) Travel to accompany minors to attend school establishments, day care centres, family day care centres or nannies that promote the reception of children or other dependents in charge of workers in essential services under the terms of article 31-B;
h) The carrying out of tests and examinations, as well as the carrying out of inspections;
i) [Repealed];
j) Outdoor physical and sporting activity, under the terms of article 34;
k) Participation in religious ceremonies, including community celebrations, under the terms of article 35;
l) The enjoyment of moments in the open air and the stroll of pet animals, which must be of short duration and take place in the area of ​​residence, unaccompanied or in the company of members of the same household who cohabit;
m) Assistance of animals by veterinarians, keepers of animals for medical-veterinary assistance, caretakers of colonies recognized by the municipalities, volunteers from zoophilic associations with dependent animals who need to go to animal shelters and by the municipal veterinary services for collection and animal assistance, as well as animal feeding;
n) Participation in social volunteering actions;
o) Visits to users of residential structures for the elderly and for people with disabilities, integrated continuous care units of the National Integrated Care Network and other responses dedicated to elderly people;
p) Visits, when authorized, or the delivery of essential goods to people who are disabled or deprived of their freedom of movement;
q) The exercise of the respective functions of the holders of the organs of sovereignty, leaders of the social partners and of the political parties represented in the Assembly of the Republic, as well as of persons with a free pass issued under the legal terms;
r) The performance of official functions by staff of diplomatic, consular missions and international organizations located in Portugal;
s) Participation, in any capacity, within the scope of the electoral campaign or the election of the President of the Republic, under the terms of Decree-Law no. 319-A / 76, of 3 May, in its current wording, namely for the purposes the exercise of voting rights;
t) Access to post offices and post offices, bank agencies and agencies of insurance intermediaries or insurance companies;
u) The exercise of freedom of the press;
v) The travel required to enter and leave continental territory, including those required to travel to and from the accommodation location;
w) Other activities of a similar nature or for other reasons of force majeure or imperative necessity, as long as they are duly justified;
x) The return to the home within the scope of the trips mentioned in the previous paragraphs.
3 – Except for the purposes provided for in paragraph l) of the preceding paragraph, the circulation of private vehicles on public roads is permitted, including refuelling at gas stations, within the scope of the situations referred to in the preceding paragraph.
4 – Without prejudice to the provisions of the preceding paragraphs, in all trips made, the recommendations and orders determined by the health authorities and the security forces and services must be respected, namely those regarding the distances to be observed between people.
Article 4a
Limitation on movement between municipalities
Circulation outside the municipality of the domicile is prohibited in the period between 8:00 pm on Friday and 5:00 am on Monday, without prejudice to the exceptions provided for in article 11 of Decree no. 9 / 2020 , of November 21, which are applicable with the necessary adaptations, and travel is also allowed for the purposes of participation, in any capacity, within the scope of the electoral campaign or the election of the President of the Republic, under the terms of Decree-Law 319-A / 76 , of May 3, in its current wording, namely for the purposes of exercising the right to vote.
Article 5
Teleworking and lagged schedule organization
1 – It is mandatory to adopt the teleworking regime, regardless of the employment relationship, the type or nature of the legal relationship, whenever this is compatible with the activity performed and the worker has conditions to exercise it, without the need for agreement by the parties.
2 – Teleworkers have the same rights and duties as other workers, with no reduction in pay, under the terms provided for in the Labour Code or in an applicable collective regulation instrument, namely with regard to normal working time limits. And other conditions of work, safety and health at work and repair of damages arising from an accident at work or occupational disease, while maintaining the right to receive the meal allowance that was already due.
3 – The employer must provide the work and communication equipment necessary for the provision of teleworking work.
4 – When such availability is not possible and the worker consents to it, teleworking can be carried out through the means that the worker has, with the employer being responsible for the appropriate programming and adaptation to the needs inherent to the provision of teleworking.
5 – The company that uses or is the final beneficiary of the services provided is responsible for ensuring compliance with the provisions of the preceding paragraphs, with the necessary adaptations, to temporary workers and service providers that are providing activity to these entities.
6 – The provisions of the preceding paragraphs are not applicable to workers of essential services covered by article 10 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, as well as those integrated in establishments referred to in paragraph 4 of article 2 of Decree-Law no. 79-A / 2020 , of 1 October, in its current wording, for which teleworking is not mandatory.
7 – For the purposes of this article, it is considered that the functions are not compatible with the activity performed, namely, in the following cases:
a) Workers who provide face-to-face assistance, under the terms of article 31;
b) Workers directly involved in the Portuguese Presidency of the Council of the European Union;
c) Workers for whom it is determined by the members of the Government responsible for the respective services, under the respective management power.
8 – Whenever it is not possible to adopt the teleworking regime, regardless of the number of workers, the employer must organize the hours of entry and exit from workplaces in a delayed manner, as well as adopt the technical and organizational measures that guarantee distance. Physical protection and protection of workers, applying, with the necessary adaptations, the provisions of articles 3 and 4 of Decree-Law no. 79-A / 2020 , of 1 October, in its current wording.
Article 6
Use of masks or visors
1 – It is mandatory to use masks or visors to access or stay in workplaces that maintain the respective activity under the terms of this decree whenever the physical distance recommended by the health authorities proves to be impractical.
2 – The obligation provided for in the preceding paragraph is not applicable to workers when they are providing their work in an office, room or equivalent that does not have other occupants or when impermeable physical barriers of separation and protection between workers are used.
3 – To the situations provided for in this article, the provisions of article 13-B of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording , apply, with the necessary adaptations .
Article 7
Body temperature control
1 – In cases where the respective activity is maintained under the terms of the present decree, body temperature measurements may be carried out by non-invasive means, in controlling access to the workplace, public services or institutions, educational and teaching establishments. And vocational training, commercial, cultural or sports spaces, means of transport, health facilities, prisons or educational centres, as well as residential structures.
2 – People referred to in the following article may also be subject to body temperature measurements.
3 – The provisions of the preceding paragraphs do not prejudice the right to individual data protection, the registration of body temperature associated with the person’s identity being expressly prohibited, except with the person’s express authorization.
4 – Measurements can be made by a worker at the service of the entity responsible for the place 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. Target.
5 – The worker referred to in the previous number is subject to professional secrecy.
6 – Access to the places mentioned in paragraph 1 may be prevented whenever the person:
a) Refuse body temperature measurement;
b) Present a result higher than the normal body temperature, considering as such a body temperature equal to or higher than 38º C, as defined by the Directorate-General for Health (DGS).
7 – In cases where the provision in subparagraph b) of the previous number determines the impossibility of a worker to have access to the respective workplace, the absence is justified.
Article 8
Conducting diagnostic tests for SARS-CoV-2
1 – The following may be subject to diagnostic tests for SARS-CoV-2:
a) Workers, users and visitors of health care establishments;
b) Workers, students and visitors to educational, teaching and vocational training establishments and higher education institutions;
c) Workers, users, professionals from therapeutic communities and social inclusion communities, as well as temporary reception centres and emergency accommodation centres, and, when applicable, visitors to residential structures for the elderly, continuous care units integrated in the Network National Integrated Continuous Care and other structures and responses dedicated to the elderly, children, young people and people with disabilities, as well as to applicants and beneficiaries of international protection and the reception of victims of domestic violence and human trafficking;
d) In the context of prison services and educational centres:
i) Prisoners in prisons and young people admitted to educational centres;
ii) Whoever intends to visit the persons referred to in the previous paragraph;
iii) Prison Guard Corps workers and other workers of the General Directorate of Reinsertion and Prison Services (DGRSP), in the exercise of their functions and because of them, for the purpose of access and permanence in the workplace;
iv) Prison Guard Corps workers, whenever, in the exercise of their functions and because of them, they access other places or remain there in relation to the transportation and custody of prisoners, namely in health units and courts;
v) Service providers and users of facilities related to DGRSP’s activity, whenever they intend to enter or remain there;
e) Anyone wishing to enter or leave the mainland or the Autonomous Regions by air or sea;
f) Anyone wishing to access places determined for this purpose by the DGS.
2 – The conduct of diagnostic tests for SARS-CoV-2 referred to in the previous number is determined by the person in charge 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, under the terms determined by DGS guidance.
3 – In cases where the results of the tests carried out under the preceding paragraphs make it impossible for a worker to access the respective workplace, the absence is justified.
Article 9
Exceptional suspension of termination of employment contracts
1 – During the period of validity of the state of emergency, the possibility of terminating the employment contracts of health professionals linked to the services and establishments integrated in the National Health Service is temporarily and exceptionally suspended, due to imperative service needs. (SNS), regardless of the legal nature of the bond, either on the initiative of the employer or on the initiative of the worker.
2 – The provisions of the preceding paragraph apply to the termination of individual employment contracts, by revocation or termination, and to the termination of employment contracts in public functions upon termination by agreement, termination or exoneration, at the request of the worker.
Article 10
Exceptional measures in the field of public health
1 – The member of the Government responsible for health, with the power to delegate, determines:
a) The exception measures applicable to the assistance activity carried out by the services and establishments integrated in the SNS;
b) Exceptional measures for the use, by the services and establishments integrated in the NHS, of health care services from the private and social sectors, in terms of health care provision;
c) The necessary measures and the practice of acts that, within the specific scope of its action, are adequate and indispensable to guarantee the conditions of normality in the production, transport, distribution and supply of goods and services essential to the activity of the health sector.
2 – Without prejudice to the provisions of the preceding paragraph, the Government member responsible for the health area, in conjunction with the Government member responsible for the economy, with the power of delegation, determines the necessary exception measures, in the context of the emergency caused by the epidemiological situation of the SARS-CoV-2 virus, as well as for the treatment of the disease COVID-19, regarding:
a) Circuits of medicine and medical devices, as well as other health products, biocides, disinfectant solutions, alcohol and personal protective equipment, namely in the scope of manufacture, distribution, marketing, import, acquisition, dispensation and prescription, tending to ensure and enable the supply, availability and access of the necessary products to health units, patients and other users;
b) Access to medicines, namely experimental ones, used in the context of the pandemic and the continuity of clinical trials.
3 – The determinations referred to in the preceding paragraphs are preferably established by agreement or, failing this, unilaterally through fair compensation, under the terms of Decree-Law No. 637/74 , of 20 November, in its current wording.
Article 11
Enhanced screening capacity
1 – With a view to strengthening the screening capacity of public health authorities and services, the mobilization of human resources to carry out epidemiological surveys, to track contacts of patients with COVID-19 and to monitor people under active surveillance can be determined.
2 – For the purposes of the preceding paragraph, the carrying out of epidemiological inquiries, the tracking of contacts of patients with COVID-19 and the monitoring of persons under active surveillance may be carried out by anyone who is not a health professional.
3 – The human resources referred to in paragraph 1 may be workers of public entities of the direct and indirect administration of the State and of local, private, social or cooperative authorities, regardless of the professional link or functional content, which are in prophylactic isolation, are in the situation provided for in Article 25-A of Decree-Law No. 10-A / 2020 , of 13 March, in its current wording, or are personnel of the security forces and services, civil protection agents or teachers with no teaching component.
4 – For the purposes of the preceding paragraphs, the assignment of workers to the functions referred to in the preceding paragraphs must take into account their respective training and functional content, with the mobilization and coordination of persons operationalized by dispatch of the members of the Government responsible for the areas of Public Administration, work, social solidarity, health and the sectorial area to which the worker is assigned, when applicable.
5 – During the period in which the mobilization of workers is maintained and as long as working conditions are guaranteed that especially ensure the protection of their health, the exercise of functions at a different time and place may be imposed.
6 – The provisions of the preceding paragraph, as far as the workplace is concerned, do not apply to workers who are in prophylactic isolation.
7 – Workers who are mobilized under the provisions of this article maintain all the rights inherent to the place of origin and cannot be harmed in the development of their career.
Article 12
Armed Forces participation in epidemiological surveys and tracking patient contacts
The Armed Forces participate in conducting epidemiological inquiries and tracking contacts of patients with COVID-19, this participation being coordinated by the respective command.
Article 13
Processing of personal data
1 – Within the scope of the operations provided for in articles 11 and 12, of epidemiological inquiries, tracking of contacts of patients with COVID-19 and monitoring of persons under active surveillance, there may be the processing of personal data, in particular of health related data, for reasons of public interest in the field of public health, regardless of consent by the respective holders.
2 – For the purposes of the preceding paragraph, health data may be accessed and processed by:
a) Health professionals;
b) Medical or nursing students;
c) Any professionals who have been mobilized to strengthen the screening capacity under the terms of article 11;
d) Any elements of the Armed Forces that have been mobilized to strengthen the screening capacity under the terms of article 12.
3 – The persons referred to in the preceding paragraphs who access or process personal data within the scope of this article are subject to a duty of secrecy or confidentiality.
4 – The entities responsible for the systems or services under which personal data are accessed, managed or processed under this article must ensure the implementation of appropriate measures that safeguard the fulfilment of the duties of secrecy or confidentiality referred to in the number previous, and should also implement technical security measures in terms of access permissions to personal data, prior authentication of whoever accesses them and electronic registration of accesses and accessed data.
SECTION II
Measures applicable to activities, establishments, services, companies or similar
Article 14
Closure of facilities and establishments
The facilities and establishments referred to in annex I to this decree and of which they form an integral part are closed, without prejudice to the provisions of article 19.
Article 15
Suspension of activities of facilities and establishments
1 – Retail and service provision activities are suspended in establishments open to the public, or on an itinerant basis, with the exception of those that provide essential goods or other goods considered essential or that provide essential services or other services considered essential in the present conjuncture, which are listed in annex II to this decree and which is an integral part, without prejudice to the provisions of article 19.
2 – The suspension determined pursuant to the preceding paragraph does not apply:
a) Wholesale establishments;
b) To establishments wishing to maintain their activity exclusively for the purpose of home delivery.
3 – The provisions of paragraph b) of the previous number and the following number do not prejudice the application of the provisions of article 21, which is a special rule.
4 – Without prejudice to the provisions of the following paragraph, the activities of retail trade and the provision of services in establishments in operation under the terms of paragraph 1 close at 20:00 on weekdays and at 13:00 h on Saturdays, Sundays and holidays.
5 – Food retail activities close at 20:00 on weekdays and at 17:00 on Saturdays, Sundays and holidays.
6 – The provisions of paragraph 4 are not applicable:
a) To establishments where medical services or other health services are provided, namely hospitals, clinics and clinics, dental clinics and urgent medical-veterinary care centers and social support services, as well as the support services integrated in these places;
b) pharmacies;
c) [Repealed];
d) Tourist establishments and local accommodation establishments, as well as establishments providing student accommodation;
e) Establishments that provide funeral and related activities;
f) Service provision activities, namely service areas and fuel stations, which include highways;
g) Fuel filling stations not covered by the preceding paragraph, as well as charging stations for electric vehicles, exclusively in the part relating to the sale of fuels to the public and supply or loading of vehicles within the scope of travel permitted under the terms of this decree ;
h) establishments providing services for the rental of goods vehicles without a driver (rent-a-cargo) and the rental of passenger vehicles without a driver (rent-a-car);
i) To establishments located inside airports located in continental territory, after the security control of passengers.
Article 15-A
Advertising ban on commercial practices with price reduction
Advertising, advertising activity or the adoption of any other form of commercial communication, namely in information society services, which may result in an increase in the flow of people attending establishments that, under the terms of this decree, are prohibited open to the public, namely through the disclosure of balances, promotions or sales.
Article 16
Traveling sellers
1 – It is permitted the exercise of activity by itinerant sellers, for the provision of essential goods or other goods considered essential in the present conjuncture, in the locations where this activity is necessary to guarantee access to such goods by the population.
2 – The identification of the locations where itinerant sale is essential to guarantee access to essential goods by the population is defined by decision of the municipality, after a favorable opinion from the health authority of a locally competent territorial level, and must be published on the respective website.
Article 17
Fairs and markets
1 – The operation of fairs and markets is permitted, in the case of sale of food products and with the authorization of the president of the territorial council with jurisdiction, in accordance with the rules set out in the following numbers.
2 – For each fair or market, there must be a contingency plan for the disease COVID-19, prepared by the competent municipality or approved by the same, in the case of fairs and markets under the exploitation of private entities.
3 – The contingency plan must be made available on the municipality’s website.
4 – The reopening of fairs and markets must be preceded by actions to raise the awareness of all marketers and traders, regarding the implementation of the contingency plan and other prevention measures and hygiene practices.
5 – The contingency plan referred to in the preceding paragraphs must, with the necessary adaptations, respect the rules in force for retail trade establishments regarding occupation, permanence and physical distance, as well as the guidelines of the DGS, providing for a set of procedures prevention and control of infection, namely:
a) Operational procedure on the actions to be taken in case of illness, symptoms or contact with a confirmed case of COVID-19 disease;
b) Implementation of the mandatory use of a mask or visor by marketers and traders and customers;
c) Measures of adequate physical distance between places of sale, when possible;
d) Hygiene measures, namely the obligation to comply with hand hygiene and respiratory label measures, as well as the mandatory availability of skin disinfectant solutions, at the entrances and exits of fairs and markets, in sanitary facilities, when existing, as well as the respective availability by marketers and traders, when possible;
e) Relative access and circulation measures, namely:
i) The management of access to the fairgrounds and markets, in order to avoid excessive concentration both inside and at the entrance to them;
ii) The rules applicable to the exhibition of goods, preferably and whenever possible, upon the requirement of making them available by marketers and traders;
iii) Disinfection procedures for vehicles and goods, adjusted to the type of products and the organization of circulation;
f) Plan for cleaning and sanitizing fairgrounds and markets;
g) Protocol for the collection and treatment of waste.
6 – Without prejudice to the powers of the other authorities, the municipal supervisory authorities, the municipal police and the entities responsible for the management of the fairgrounds and markets, as the case may be, may contribute to the monitoring of compliance with the procedures contained in the plans. contingency.
Article 18
Exercise of retail trade activity in wholesale establishments
1 – The holders of the exploitation of wholesale food distribution establishments are allowed, during the period of validity of the present decree, to sell their products directly to the public, cumulatively exercising the retail trade activity.
2 – Holders of the operation of wholesale food distribution establishments wishing to engage in retail trade activities under the terms of the previous number are obliged to comply with the rules of access, occupation, safety, hygiene and service rules priority provided for in Article 20.
3 – Goods intended for retail sale must display the respective selling price to the public, ensuring their availability for purchase in unit form.
4 – The holders of the operation of wholesale food distribution establishments in which retail sales are made must adopt, if necessary, measures to ensure that the quantities available to each consumer are adequate and dissuasive of hoarding situations.
Article 19
Authorizations or suspensions in special cases
The member of the Government responsible for the area of ​​economics may, with the power of delegation, by order:
a) Allow the opening of some facilities or establishments referred to in annex I to this decree or the exercise of other activities of retail trade or provision of services that may prove essential with the evolution of the conjuncture;
b) Impose the exercise of some of the activities of retail trade or service provision, if it proves to be essential to ensure the regular supply of essential goods to the population;
c) Limit or suspend the exercise of retail trade activities or the provision of services, in the event that the respective exercise becomes manifest as dispensable or undesirable in the context of combating the contagion and spread of the virus.
Article 20
General provisions applicable to establishments or places open to the public
1 – In establishments that maintain their activity under the terms of this decree, the following rules of occupation, permanence and physical distance must be observed:
a) The allocation of spaces accessible to the public must observe a maximum occupancy rule of 0.05 persons per square meter of area, with the exception of service provision establishments;
b) The adoption of measures that ensure a minimum distance of 2 m between people, unless special provision or guidance from the DGS in a different direction;
c) Ensuring that people remain within the space only for the time strictly necessary;
d) The prohibition of waiting situations for assistance within service provision establishments, with economic operators preferably having recourse to prior booking mechanisms;
e) The definition, whenever possible, of specific entry and exit circuits in establishments and installations, using separate doors;
f) Compliance with other rules defined by the DGS;
g) Encouraging the adoption of approved codes of conduct for certain sectors of activity or establishments, as long as they do not contravene the provisions of this decree.
2 – For the purposes of paragraph a) of the previous number:
a) “Area” means the area intended for the public, including areas for collective use or circulation, with the exception of areas reserved for parking vehicles;
b) The maximum limits for maximum occupancy per person do not include employees and service providers who are exercising functions in the spaces in question.
3 – Managers, managers or owners of spaces and establishments must make every effort to:
a) Carry out a balanced management of public accesses, in compliance with the provisions of the previous numbers;
b) Monitor the refusals of public access, in order to avoid the concentration of people at the entrance to spaces or establishments.
4 – Without prejudice to the provisions of the preceding paragraphs, establishments that maintain their respective activity under the terms of this decree must observe the following hygiene rules:
a) The provision of the service and the transport of products must be carried out in compliance with the hygiene rules defined by the DGS;
b) Economic operators must promote daily and periodic cleaning and disinfection of spaces, equipment, objects and surfaces with which there is intense contact;
c) Economic operators must promote the cleaning and disinfection, before and after each use or interaction by the customer, of automatic payment terminals (TPA), equipment, objects, surfaces, products and utensils in direct contact with customers;
d) Economic operators should promote the containment, as much as possible, by workers or customers, of touching products or equipment as well as unpackaged articles, which should preferably be handled and dispensed by workers;
e) In case of exchanges, returns or used products return, operators should, whenever possible, ensure their cleaning and disinfection before they are again available for sale, unless this is not possible or compromises the quality of the products ;
f) Other rules defined in codes of conduct approved for certain sectors of activity or establishments, provided that they do not contravene the provisions of this decree.
5 – Without prejudice to the provisions of the preceding paragraphs, retail or service provision establishments shall seek to ensure the availability of skin disinfectant solutions, for workers and customers, with all entrances and exits of establishments, as well as in inside, in suitable locations for disinfection according to the organization of each space.
6 – Retail establishments or service providers must give priority to health professionals, elements of the security forces and services and criminal police, protection and rescue bodies, Armed Forces and service personnel of social support services, without prejudice to the application of the provisions of Decree-Law no. 58/2016 , of 29 August, in its current wording.
7 – Retail establishments or service providers must inform customers, in a clear and visible manner, regarding the rules of maximum occupancy, operation, access, priority, service, hygiene, safety and other relevant rules applicable to each establishment.
8 – Retail or service establishments may close at certain times of the day to ensure cleaning and disinfection operations for employees, products or space.
Article 21
Restaurants and the like
1 – Without prejudice to the provisions of the following paragraphs, catering establishments and the like, regardless of the area of ​​sale or provision of services, operate exclusively for the purpose of cooking for consumption outside the establishment through home delivery, directly or through as an intermediary, as well as for the provision of packed meals or products at the door of the establishment or at the wicket (take-away).
2 – Within the scope of the sale modality by making packed meals or products available at the door of the establishment or the wicket (take-away) the sale of any type of drinks is prohibited, and the consumption of meals or products at the door of the establishment is also prohibited or in its vicinity.
3 – In home deliveries, directly or through an intermediary, the supply of alcoholic beverages from 20:00 is not allowed.
4 – Restaurants located in commercial establishments operate exclusively for the purpose of cooking for consumption outside the establishment through home delivery, directly or through an intermediary, and the provision of meals or products outside the establishment or the wicket is prohibited ( take-away).
5 – Catering establishments and the like that intend to maintain their respective activity, totally or partially, for the purpose of cooking intended for consumption outside the establishment or delivery at home, directly or through an intermediary, are exempted from a license for cooking intended for consumption outside establishment or home delivery and may determine to their workers, provided that with their consent, participation in the respective activities, even if they are not part of the object of the respective employment contracts.
Article 22
Bars and other beverage establishments
The bars, other non-spectacle drinks establishments and dance establishments in the current wording remain closed, through Decree-Law no. 10-A / 2020 , of 13 March.
Article 23
Sale and consumption of alcoholic beverages
1 – The sale of alcoholic beverages in service areas or at fuel filling stations and, starting at 8:00 pm, in retail establishments, including supermarkets and hypermarkets, is prohibited.
2 – [Repealed].
3 – The consumption of alcoholic beverages in outdoor spaces with public access and public roads is prohibited.
Article 24
Fees and commissions charged by intermediary platforms in the catering sector and the like
1 – During the period of validity of this decree, intermediary platforms in the sale of goods or in the provision of restaurant and similar services are prevented from charging economic operators service fees and commissions that, globally considered, for each commercial transaction , exceed 20% of the sale price to the public of the good or service.
2 – During the term of this decree, intermediary platforms in the sale of goods or in the provision of catering and similar services are also prevented from:
a) Increase the value of other fees or commissions charged to economic operators established until the date of approval of this decree;
b) Charge, to consumers, delivery rates higher than those charged before the date of approval of this decree;
c) Paying service providers who collaborate with them for less than the fees paid before the date of approval of this decree;
d) Grant service providers that collaborate with them less rights than those that were granted to them before the date of approval of this decree.
Article 25
Retail establishments selling various types of goods
1 – The member of the Government responsible for the area of ​​the economy may, by means of an order, determine that retail trade establishments that market more than one type of good and whose activity is permitted under the scope of this decree cannot trade goods typically traded in the retail establishments closed or with activity suspended under the terms of this decree.
2 – In the case provided for in the preceding paragraph, the order must identify which goods or categories of goods are covered by the marketing limitation.
Article 26
Maximum price regime for bottled liquefied petroleum gas
1 – A maximum price regime for bottled liquefied petroleum gas (LPG) is established, in standard steel tariffs , in types T3 and T5, as established in article 8 of Decree-Law no. 5/2018 , February 2nd.
2 – The regulated price of GPL, in the typologies indicated in the previous number, for each month, is determined in (euro) / kg, according to the following formula:
(Pr (C index) + Pr (F index) + Pr (D index + A) + Pr (Res index). + Pr (E index) + spread + ISP) x (1 + VAT)
In which:
Pr (index C) – Price of butane or propane LPG, considering the CIF ARA price in USD / ton, later converted to (euro) / kg, verified in month M-1.
Pr (index F) – Additional cost of maritime transport from LPG to Lisbon in USD / ton, considering ships of 1 800 tonnes, later converted to (euro) / kg, verified in month M-1.
Pr (D + A index) – Costs with logistical operations for receiving crude oil or oil products ((euro) / ton) and respective storage ((euro) / ton) for 15 consecutive days, converted to (euro) / kg.
Pr (Res index). – Costs for the part of the security reserves constituted and controlled directly by the central storage entity, being presented in (euro) / kg.
Pr (index E) – Cost of filling bottles ((euro) / t), applied to LPG butane and LPG propane.
ISP – Taxes on all petroleum and energy products, if they are consumed or sold for fuel or fuel use, presented in (euro) / kg.
VAT – Value added tax, presented as a percentage.
The applicable spread values ​​are shown in the following table, for LPG butane and LPG propane, for types T3 and T5.
(see original document)
3 – The regulated price for month M is determined on the first day of the month and applies from the third business day of month M to the second business day of month M + 1.
4 – In the event of a relevant change in the international quotation, identified by the Energy Services Regulatory Entity (ERSE), the Government member responsible for the energy area may, by order, determine new regulated prices to be applied to the remaining days of the current month.
5 – The terms of the regulated price set out in paragraph 2 are published daily on the ERSE website.
6 – The regulated price of GPL is calculated by ERSE and published on its website.
7 – During the month of January 2021, the following prices after taxes apply:
a) LPG butane, in type T3: 1.836 (euro) / kg;
b) LPG propane, in type T3: 2,171 (euro) / kg;
c) LPG propane, in the T5 typology: 1,950 (euro) / kg.
8 – The maximum prices for LPG bottles defined in the previous number can only add costs with the delivery service, which apply to situations in which the bottles are purchased by telephone or electronically, available at a different location from the point of sale. sale.
9 – The price of the delivery service referred to in the previous number must adhere to the costs incurred by the supplier with the provision of that service.
10 – As part of the obligation to provide information on LPG suppliers, consumers must be informed of the price of LPG bottles, as well as the delivery service, whenever applicable, prior to the delivery act.
11 – Fuel filling stations and other points of sale of LPG bottles with service to the public must guarantee the continuous supply of LPG bottles, namely the types subject to the price fixed under this regime.
12 – Compliance with the provisions set out in this article is subject to inspection by the National Entity for the Energy Sector, EPE, the security forces and services and the municipal police, the Food and Economic Security Authority (ASAE) and other entities with competences in this matter.
13 – The regulated price for the month of January 2021 is applicable on the third day after the entry into force of this decree.
Article 27
Electronic communications services
1 – Companies offering public communications networks or publicly available electronic communications services should give priority to the continuity of the provision of critical services.
2 – For the purposes of the preceding paragraph, the following services are considered critical:
a) Voice and short messages (SMS) supported on fixed and mobile networks;
b) Uninterrupted access to emergency services, including information on the location of the person making the call, and the uninterrupted transmission of notices to the population;
c) Data supported on fixed and mobile networks under conditions that ensure access to the set of services, which are defined by order of the Government member responsible for the communications area;
d) Distribution of linear television and digital terrestrial television signals.
3 – In providing critical services, companies offering public communications networks or electronic communications services accessible to the public must give priority, under the terms provided for in this decree, to the following customers, who are considered to be priorities:
a) The services and bodies of the Ministry of Health and entities providing health care integrated into the NHS network;
b) The entities responsible for the management, operation and maintenance of the Integrated System of Emergency and Security Networks in Portugal, regarding the functioning of this system;
c) The Ministry of Internal Administration, regarding the functioning of the National Internal Security Network and the National Emergency and Civil Protection Authority (ANEPC);
d) The General Staff of the Armed Forces and the branches of the Armed Forces, regarding the functioning of the information systems and information and communication technologies necessary for the exercise of command and control in the Armed Forces;
e) The National Security Office, regarding the functioning of the National Cybersecurity Centre;
f) Public Security Service Posts;
g) Support services for the functioning of the Presidency of the Republic, the Assembly of the Republic and the Government;
h) Certain public services especially lacking support, such as, in particular, Social Security, the Institute of Registries and Notaries, IP, with regard to the services of the online citizen card and the digital mobile key, the Network Management Centre from the Government, the Diário da República Eletrônico, the Agency for Administrative Modernization, IP, the National Maritime Authority and the National Aeronautical Authority;
i) The Regulatory Entity for the Media, Banco de Portugal and the independent administrative entities provided for in paragraph 3 of article 3 of Law no. 67/2013, of 28 August, in its current wording;
j) Operators of essential services identified under the terms of Law No. 46/2018, of 13 August, which establishes the legal regime for cyberspace security, as regards the provision of essential services;
k) The owners or operators of critical infrastructures designated under the provisions of Decree-Law no. 62/2011, of 9 May, in its current wording, and in other applicable legislation, regarding the operation of such critical infrastructures;
l) The Ministry of Education, including clusters of schools and non-clustered schools in the public school system, private, cooperative and social and solidarity education establishments, and other entities providing distance learning services, as well as entities that provide basic training and educational tools online.
4 – In order to give priority to the continuity of critical services, companies offering public communications networks or publicly available electronic communications services may, when necessary, implement the following exceptional measures:
a) Network and traffic management, including capacity reservation on the mobile network;
b) Prioritization in the resolution of malfunctions and disturbances in electronic communications networks and services.
5 – Companies offering public communications networks or publicly available electronic communications services are authorized to replace critical services supported on fixed networks through systems, means and technology used in mobile networks.
6 – The exceptional measures referred to in the preceding paragraphs must be carried out in a proportionate and transparent manner, and cannot be based on commercial reasons or be maintained for longer than is strictly necessary to ensure the continuity of services in a situation of congestion in the network and to overcome troubleshooting.
7 – To preserve the integrity and security of electronic communications networks, the services provided through them and to prevent the effects of network congestion, among other public interest objectives, companies offering public communications networks or accessible electronic communications services to the public shall, where strictly necessary:
a) Give priority to the routing of certain categories of traffic, in the order defined by order of the Government member responsible for the communications area;
b) Limit or inhibit certain functionalities, namely non-linear audiovisual services, such as the video club, video platforms and restart TV, and access to online video game services (online gaming) and point-to-point connections -point (P2P), if necessary.
8 – In addition to the measures referred to in the preceding paragraph, companies offering public communications networks or publicly available electronic communications services are authorized to carry out other network and traffic management measures, namely blocking, slowing down, altering, restricting or degradation of content, in relation to specific applications or services or specific categories thereof, which are strictly necessary to achieve the objectives pursued by this decree.
9 – Companies offering public communications networks or publicly available electronic communications services are authorized to handle specific traffic from interpersonal communications services, through instant messaging or voice applications, without restrictions.
10 – Companies offering public communications networks or publicly available electronic communications services are authorized to reserve, on a preventive basis, network capacity or resources on mobile networks for voice and SMS services.
11 – The network and traffic management measures provided for in this article can only be adopted to meet the objectives referred to in paragraph 7 and must be communicated to the Government and the National Communications Authority, prior to their implementation, or, when the urgency of its adoption does not allow early communication, within 24 hours after its adoption.
12 – Companies offering public communications networks or electronic communications services accessible to the public are obliged to maintain an exhaustive, up-to-date, transparent and auditable register, identifying entities, dates and geographical areas of each case in which the limitations and expected occurrences are implemented in paragraphs 7 and 8.
13 – Companies offering public communications networks or publicly available electronic communications services should give priority to resolving faults and disturbances in the electronic communications networks and services of the clients referred to in paragraph 3.
14 – In order to ensure full and rapid compliance with the provisions provided for in this article by companies offering public communications networks or publicly available electronic communications services:
a) The participation of police forces in the interventions necessary to ensure the replacement of critical services, to guarantee the response to special requests from priority customers and for the installation of temporary infrastructures for increasing capacity or extending networks to relevant locations, is dispensed with, except when the owners do not dismiss it;
b) Workers or agents that perform functions in the field of management and operation of the security and integrity of electronic communications networks and services are authorized, to ensure interventions necessary for the continuity of critical services and the needs of priority customers, to circulate freely through the entire national territory, including in areas that may be decreed as restricted access.
15 – In the cases provided for in paragraph b) of the preceding paragraph, companies offering public communications networks or electronic communications services accessible to the public must, within 15 days of the termination of this decree, communicate to the competent entities carrying out works for the construction of suitable infrastructure.
Article 28
Private vehicles with capacity for more than five seats
Private vehicles with a capacity of more than five seats can only drive, within the scope of travel authorized under paragraph 3 of article 4, unless all occupants belong to the same household, with two thirds of their capacity, and must occupants wear a mask or visor, with the exceptions provided for in article 13-B of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording.
Article 29
Funerals
1 – The holding of funerals is conditional on the adoption of organizational measures that guarantee the absence of clusters of people and the control of safety distances, namely the establishment of a maximum attendance limit, to be determined by the local authority that exercises management powers of the respective cemetery.
2 – From the limit established under the terms of the preceding paragraph, it cannot result in the impossibility of being present at the funeral of a spouse or de facto partner, ascendants, descendants, relatives or the like.
Article 30
Rules applicable to air traffic and airports
1 – Passengers on flights originating in countries to be defined by order of the members of the Government responsible for the areas of foreign affairs, national defines, internal administration, health and civil aviation must present, upon departure, proof conducting a molecular test by RT-PCR to screen for SARS-CoV-2 infection with a negative result, performed within 72 hours prior to the time of embarkation, under penalty of being denied boarding the aircraft and entering continental territory.
2 – National citizens and foreign citizens with legal residence in continental territory, as well as diplomatic personnel placed in Portugal who, exceptionally, do not have proof of carrying out a molecular test by RT-PCR for screening for SARS-CoV infection. -2 with a negative result under the terms of the previous number, they must carry out the said test on arrival, before entering continental territory, at their own expense, being, for this purpose, forwarded by the competent authorities.
3 – The laboratory tests referred to in the preceding paragraph are carried out and made available by ANA – Aeroportos de Portugal, SA (ANA, SA), through qualified health professionals, and this service may be subcontracted.
4 – ANA, SA, must carry out, at the Portuguese international airports that it manages, infrared body temperature screening for all passengers arriving on continental territory.
5 – Passengers who, in the scope of the screening referred to in the previous number, detect a body temperature equal to or greater than 38º C, as defined by the DGS, must be immediately directed to a space suitable for the repetition of the measurement of body temperature, and these passengers should, if the situation assessment justifies it, be subjected to molecular testing by RT-PCR to screen for SARS-CoV-2 infection.
6 – The tracking 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.
7 – Passengers referred to in paragraph 2, as well as those who are detected with a body temperature equal to or greater than 38 º C and who perform the molecular test by RT-PCR to screen for SARS-CoV infection -2, wait in a proper place inside the airport until the notification of the result.
Article 31
Public services
1 – [Repealed].
2 – [Repealed].
3 – Citizen stores are closed, maintaining in person attendance by appointment, in the network of branches of the different services, as well as the provision of these services through digital media and contact centers with citizens and companies.
4 – The functioning of public services considered essential can be determined, under the terms to be defined by order of the members of the Government responsible for the area of ​​the service in question and for the area of ​​Public Administration.
5 – The member of the Government responsible for the Public Administration area, with the power to delegate, except for the essential services referred to in article 10 of Decree-Law no. 10-A / 2020 , of 13 March , to determine:
a) The definition of guidelines regarding the constitution and maintenance of mobility situations;
b) The definition of guidelines on the cases in which Public Administration workers may be required to exercise functions in a different place than usual, in a different entity or in different working conditions and schedules;
c) The articulation with the municipalities with regard to local public services, in particular the citizen spaces, and the regime of work provision in the local administration;
d) Centralization and coordination of information regarding the functioning and communication of public attendance services;
e) The dissemination of information, support instruments and innovative practices for managing and organizing work, to provide support to the activity of services and workers in new work environments.
6 – The member of the Government responsible for the area of ​​foreign affairs adapts the provisions of this article to the external peripheral services of the Ministry of Foreign Affairs.
Article 31-A
Suspension of academic and non-academic activities
1 – The following are suspended:
a) The educational and teaching activities of public, private and cooperative education establishments and the social and solidarity sector, pre-school education and basic and secondary education;
b) Activities to support early childhood in day-care centres, family day-care centres and childminders, social support activities carried out in occupational activities centres, day centres, social centres and, leisure centres and senior universities;
c) On-site teaching and non-teaching activities of higher education institutions, without prejudice to the current assessment periods.
2 – Except for the provisions of paragraph a) of the previous number, whenever necessary, therapeutic support provided in special education establishments, in schools and by the Resource Centres for Inclusion, as well as the reception in the units integrated in the Centres of Learning Support, for students for whom additional measures were mobilized, being ensured, safeguarding the guidelines of health authorities.
3 – The groupings of schools and non-grouped schools of the public school system and the private, cooperative and social and solidarity sector establishments with public funding adopt the necessary measures for the provision of food support to students in the A and B levels school social.
4 – Without prejudice to the application of the provisions of the preceding paragraphs, the Occupational Activity Centres, although closed, must ensure food support to their users in situations of economic need, and, whenever the institutions meet logistical and human resources conditions, they must provide occupational monitoring to users who have to stay in their home.
5 – Local Early Intervention Teams must continue to operate in person, safeguarding all hygiene and safety measures recommended by the Directorate-General for Health, and, exceptionally, and only in cases where it is proven that quality and effectiveness are not compromised pedagogical support, can provide support using telematics means;
6 – The Independent Life Support Centres must remain in operation, guaranteeing the personal assistants to provide support to the beneficiaries in person, and the technical teams may, exceptionally, carry out the activities compatible with them using telematics means. .
7 – The responses of residential homes and autonomous residences are excluded from the provisions of paragraph 1.
Article 31b
Essential service workers
1 – An educational establishment is identified in each group of schools and, in each municipality, day-care centres, family day-care centres or nannies that promote the reception of children or other dependents in charge of workers whose mobilization for service or readiness prevents them from providing assistance. Following the suspension provided for in the previous article, and that they are:
a) Health professionals, security and relief forces and services, including volunteer firefighters, and the armed forces;
b) Workers in essential public services;
c) Workers from institutions, social facilities or entities that develop residential and social support responses to elderly people, people with disabilities, children and young people in danger and victims of domestic violence;
d) Workers in management services and maintenance of essential infrastructures, as well as other essential services.
2 – Disability institutions, with a response from the Occupational Activities Centre, without prejudice to the suspension of their activities, must guarantee support to those responsible for their users who are workers of services considered essential, under the terms identified in the previous paragraph.
3 – For the purposes of the provisions of paragraph 1, essential services are those defined in an ordinance of the Government member responsible for the Presidency of the Council of Ministers.
Article 31c
Suspension of training activities
1 – Training activities carried out in person, carried out by training bodies of a public, private, cooperative or social nature, are also suspended.
2 – The face-to-face training activity provided for in the preceding paragraph may exceptionally be replaced by distance training, whenever conditions are met for that purpose, namely when it comes to mandatory professional training required for professional access and exercise upon authorization from the competent authority.
Article 32
Measures in the context of residential structures and other structures and reception responses
1 – The protection of residents in residential structures for the elderly, integrated continuous care units of the National Network of Integrated Continuous Care and 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 human trafficking, given their special vulnerability, must involve:
a) Self-surveillance of symptoms of illness by 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;
b) Mandatory use of surgical masks by all professionals in these structures;
c) Conducting tests on all residents if a positive case is detected in any contact;
d) Placing equipment at the municipal or other level in readiness, for eventual need for accommodation of people in prophylactic isolation or in a situation of confirmed infection of the disease COVID-19 that, in view of the clinical evaluation, does not determine the need for hospitalization;
e) Allowing, except in the structures and responses dedicated to welcoming victims of domestic violence and human trafficking, visits to users, in compliance with the rules defined by the DGS, and assessment of the need to suspend them for a limited time and according to the specific epidemiological situation, in conjunction with the local health authority;
f) Clinical follow-up of COVID-19 patients whose clinical situation does not require hospitalization by health professionals from groups of health centres in the respective intervention area in conjunction with the hospital in the reference area;
g) Operationalization of rapid intervention teams, composed of direct action helpers, assistants in general services, nurses, psychologists and doctors with the capacity for immediate action to contain and stabilize outbreaks of COVID-19 disease;
h) Maintenance of monitoring by multidisciplinary teams.
2 – The SARS-CoV-2 diagnostic tests are performed by a health professional, the respective results being globally communicated to the person in charge of the technical direction of the residential structure, which is subject to professional secrecy.
3 – In case of detection of positive cases, the entity responsible for analysing 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.
4 – For the purposes of paragraphs 2 and 3, personal data may be processed to the extent strictly necessary.
Article 33
Academic activities
It is forbidden, in the academic scope of higher education, to celebrate, as well as recreational or recreational activities.
Article 34
Physical and sports activity
1 – Only physical activity and the training of individual outdoor sports are allowed, as well as all professional and equivalent training and competitive activities, without an audience and in compliance with DGS guidelines.
2 – For the purposes of this decree, the activities of high-performance athletes, of national teams of the Olympic and Paralympic modalities, of the 1st national division or of competition of corresponding competitive level of all modalities of the echelon groups are equated with professional activities. Senior men and women, those who participate in international championships the activity of accompanying these athletes in adapted sports, as well as their technical and refereeing teams.
3 – Sports facilities in operation are governed by the provisions of paragraph 4 of article 20, with the necessary adaptations.
Article 35
Events
1 – Celebrations and other events are prohibited, except:
a) Religious ceremonies, including community celebrations; and
b) Events within the scope of the electoral campaign and the election of the President of the Republic.
2 – In the absence of guidance from the DGS, the event organizers must observe, with the necessary adaptations, the provisions of paragraphs 1 to 5 of article 20, and the participants must wear a mask or visor.
3 – In duly justified situations, the members of the Government responsible for the areas of internal administration and health may, jointly, authorize the holding of other celebrations or events, defining the respective terms.
Article 35-A
Prohibition of access to public spaces
Without prejudice to the provisions of point 9 of annex I to the present decree, it is incumbent upon the mayor of the municipality with territorial authority:
a) The closure of all public spaces where people are crowded, namely crosswalks, sidewalks, sidewalks and beaches;
b) The signalling of the prohibition on the use of garden benches, playgrounds and public equipment for sports (fitness).
CHAPTER III
Final dispositions
Article 36
Execution at local level
The Prime Minister appoints the authorities that coordinate the execution of the declaration of a state of emergency in the continental territory, at the local level, under the terms of paragraph 4 of article 20 of Law no. 44/86 , of 30 September, in its current wording.
Article 37
National defines
The member of the Government responsible for the area of ​​national defines ensures coordination with the other governmental areas to ensure, when necessary, the commitment of people, means, goods and services of national defines necessary to comply with the provisions of this decree.
Article 38
Internal administration
The Government member responsible for the internal administration area, with the power to delegate:
a) Determines the closure of road and rail traffic, for reasons of public health, traffic safety or fluidity or the restriction on the circulation of certain types of vehicles;
b) Coordinates a structure for monitoring the state of emergency, composed of representatives of government areas defined by order of the Prime Minister and representatives of the security forces and services and of ANEPC, for the purpose of monitoring and producing regular information on the situation , namely for the purpose of complying with the provisions of paragraph 1 of article 28 of Law no. 44/86, of 30 September, in its current wording, without prejudice to the powers of the Secretary-General of the Security System Internal Affairs and the Security Coordinating Office;
c) Establish, together with the Government member responsible for the health area, health fences, upon proposal by the health authorities;
d) Establishes specific control and inspection measures of the provisions of this decree, in conjunction with other government areas, when applicable due to the matter.
Article 39
Civil protection
Within the scope of civil protection, and without prejudice to Law 44/86 , of September 30, in its current wording:
a) Territorially competent political and institutional coordination structures are activated, which assess, depending on the evolution of the situation, the possible activation of the civil protection emergency plans at the respective territorial level;
b) The permanent assessment of the operational situation and the corresponding adequacy of the special alert state of the Integrated System of Protection and Relief Operations are carried out;
c) A permanent device of a maximum of 500 specialized teams, existing in all volunteer fire brigades, is operationalized for the support, assistance and transport of patients, as well as to assist operations within the scope of the vaccination plan against COVID -19.
Article 40
Regulations and implementing acts
1 – The regulations and administrative acts for the execution of this decree are effective by means of mere notification to the recipient, by electronic or other means, with the remaining applicable formalities being waived, being considered notified on the same day.
2 – For the purposes of the preceding paragraph, notification is made to recipients through the publication of regulations or acts on the website of the competent entities for the approval of regulations or the practice of acts.
Article 41
Oversight
1 – It is incumbent upon the security forces and services and the municipal police to monitor compliance with the provisions of this decree, by means of:
a) Raising the community’s awareness of the general duty of home collection and the prohibition of unjustified travel;
b) The emanation of legitimate orders, under the terms of the present decree, namely for collection at the respective domicile;
c) The closure of establishments and the cessation of activities provided for in annex me to this decree;
d) Commination and participation for the crime of disobedience, under the terms and for the purposes of paragraph b) of paragraph 1 of article 348 of the Penal Code, as well as of article 7 of Law no. 44 / 86, of September 30, for violation of the provisions of articles 4, 5, 14 and 15 of this decree, as well as of the mandatory confinement by those subject to it under the terms of article 3. ;
e) The follow-up and follow-up of people in prophylactic isolation or active surveillance;
f) Advice on the non-concentration of people on public roads and the dispersion of concentrations higher than five people, unless they belong to the same household or are the result of exceptions provided for in this decree.
2 – ASAE is competent for the purposes of paragraph c) of the preceding paragraph, and is also competent to inspect compliance by economic operators with the provisions of this decree.
3 – The parish councils collaborate in the fulfilment of the provisions of this decree, namely in advising the non-concentration of people on the public road, in recommending all citizens to comply with the ban on travel that are not justified, in raising awareness of the general duty home collection and signalling, with the security forces and services, as well as the municipal police, of establishments to be closed.
4 – The security forces and services permanently report to the Government member responsible for the area of ​​internal administration the degree of compliance by the population with the provisions of this decree, with a view to the Government being able to assess the situation at all times.
Article 42
General duty of cooperation
During the period of validity of the state of emergency, citizens and other entities have a duty to collaborate, namely in the fulfilment of orders or instructions from the bodies and agents responsible for security, civil protection and public health, in the prompt satisfaction of requests that they justifiably be made by the competent entities for the implementation of the measures contained in this decree.
Article 43
Safeguarding measures
The provisions of this decree do not prejudice the existence and validity of other measures that have already been adopted in the context of combating the disease COVID-19, prevailing over them when they provide otherwise.
Article 44
Entry into force and effect
1 – This decree shall enter into force at 00:00 on January 15, 2021.
2 – The provisions of subparagraph c) of paragraph 1 of article 3 take effect at 00:00 on 14 January 2021.
ANNEX I
(Referred to in Article 14, Article 19 (a) and Article 41 (1) (c))
1 – Recreational, leisure and fun activities:
Discotheques, bars and dance or party halls;
Circuses;
Amusement parks and recreational and similar parks for children;
Water parks and zoos, without prejudice to workers’ access for the purposes of animal care;
Any places for leisure sports;
Other places or facilities similar to the previous ones.
2 – Cultural and artistic activities:
Auditoriums, unless in the context of election campaign events in the context of the election of the President of the Republic, cinemas, theatres and concert halls;
Museums, monuments, palaces and archaeological or similar sites (interpretive centres, caves, etc.), national, regional and municipal, public or private, without prejudice to workers’ access for conservation and security purposes;
Libraries and archives;
Bullfighting squares, places and facilities;
Art galleries and exhibition halls;
Congress pavilions, multipurpose rooms, conference rooms and multipurpose pavilions, unless in the context of electoral campaign events in the context of the election of the President of the Republic.
3 – Educational and training activities:
Study centres or explanations;
Language schools, driving schools and exam centres;
Dance and music establishments.
4 – The following sports facilities, except for the practice of professional and similar physical and sports activities:
Football, rugby and similar fields;
Pavilions or enclosures;
Indoor soccer, basketball, handball, volleyball, roller hockey and similar pavilions;
Firing ranges;
Tennis courts, paddle courts and the like;
Skating rinks, ice hockey and the like;
Pools;
Boxing rings, martial arts and the like;
Permanent circuits for motorcycles, automobiles and the like;
Velodromes;
Racecourses and similar tracks;
Multisport pavilions;
Gymnasiums and gyms;
Athletics tracks;
Stadiums;
Golf courses.
5 – Activities in open spaces, spaces and public roads, or spaces and private roads similar to public roads:
Cycling, motorcycling, motoring and similar routes, except for professional and similar sports;
Nautical events and exhibitions;
Aeronautical tests and exhibitions;
Parades and popular parties or folkloric or other manifestations of any nature.
6 – Gaming and betting spaces:
Casinos;
Gambling establishments such as bingo or similar;
Amusement equipment and the like;
Game rooms and recreational rooms.
7 – Catering activities:
Restaurants and the like, cafeterias, tea houses and the like, under the terms of articles 15, 21 and 23;
Bars and the like;
Hotel bars and restaurants, except for delivery to guests’ rooms (room service) or for the provision of meals or products packaged at the door of hotels (take-away), pursuant to articles 15, 21 and 23. , with the necessary adaptations;
Terraces;
Areas of food and beverage consumption (food courts) of commercial complexes, without prejudice to the provisions of paragraph 4 of article 21.
8 – Spa and spas or similar establishments.
9 – Parks, gardens, green spaces, leisure spaces, garden benches and the like, except exclusively as transit areas, being prohibited from staying there.
ANNEX II
(Referred to in Article 15 (1))
1 – Grocery stores, mini-markets, supermarkets and hypermarkets.
2 – Fruit shops, butchers, fishmongers and bakeries.
3 – Fairs and markets, under the terms of article 17.
4 – Agra-food production and distribution.
5 – Auctions.
6 – Restoration, under the terms of articles 15, 21 and 23
7 – Electronic commerce activities, as well as service provision activities that are provided remotely, without contact with the public, or that develop their activity through an electronic platform.
8 – Medical services or other health and social support services.
9 – Pharmacies and places of sale of medicines not subject to medical prescription.
10 – Establishments of medical and orthopaedic products.
11 – Opticians.
12 – Establishments of cosmetic and hygiene products.
13 – Establishments of natural and dietary products.
14 – Essential public services and respective repair and maintenance (water, electricity, natural gas and piped liquefied petroleum gases, electronic communications, postal services, waste water collection and treatment services, waste collection and treatment services, wastewater services urban solid waste management and urban hygiene and passenger transport service).
15 – Services authorized for the supply of water, the collection and treatment of waste water and / or waste generated within the scope of the activities or in the establishments referred to in this annex and in the authorized activities.
16 – Stationery and tobacconists (newspapers, tobacco).
17 – Social games.
18 – Veterinary medical care centres.
19 – Establishments selling pet animals and food and feed.
20 – Establishments selling flowers, plants, seeds and fertilizers and chemical and biological phytosanitary products.
21 – Textile and fur washing and dry cleaning establishments.
22 – Drugstores.
23 – Hardware stores and outlets selling DIY supplies.
24 – Fuel filling stations and charging stations for electric vehicles.
25 – Establishments selling fuel for domestic use.
26 – Commercial establishments for tractors and agricultural and industrial machinery, ships and vessels.
27 – Maintenance and repair establishments for bicycles, motor vehicles and motorcycles, tractors and agricultural and industrial machinery, ships and boats, as well as the sale of parts and accessories and towing services.
28 – Sales and repair establishments for household appliances, computer and communications equipment.
29 – Banking, financial and insurance services.
30 – Funeral and related activities.
31 – Home maintenance and repair services.
32 – Home security or surveillance services.
33 – Cleaning, disinfection, rat removal and similar activities.
34 – Home delivery services.
35 – Vending machines.
36 – Activity by itinerant sellers, for the provision of essential goods or other goods considered essential in the present situation, in the locations where this activity, according to the decision of the municipality taken under paragraph 2 of article 16, necessary to guarantee access to essential goods by the population.
37 – Activity of renting goods vehicles without a driver (rent-a-cargo).
38 – Activity of renting passenger vehicles without driver (rent-a-car).
39 – Provision of services for the execution or improvement of Fuel Management Band Networks.
40 – Establishments selling irrigation material and equipment, as well as products related to winemaking, as well as material for accommodating fruits and vegetables.
41 – Establishments selling plant protection products and biocides.
42 – Establishments selling veterinary medicines.
43 – [Repealed].
44 – Establishments where medical services or other health and social support services are provided, namely hospitals, doctor’s offices and clinics, dental clinics and urgent medical-veterinary centres, as well as the support services integrated in these locations.
45 – Vehicle technical inspection centres, which can only operate by appointment.
46 – Hotels, tourist establishments and local accommodation establishments, as well as establishments that guarantee student accommodation.
47 – Service provision activities that include highways, namely service areas and fuel stations.
48 – Fuel filling stations not covered by the previous number and charging stations for electric vehicles;
49 – Establishments located inside airports located on the continental territory, after checking the security of passengers.
50 – Canteens or cafeterias that are in regular operation.
51 – Other collective catering units whose catering services are provided under a contract of continuous execution.
52 – Notaries.
53 – Activities and establishments listed in the previous numbers, even if integrated into shopping centres.
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