TEXT

Dispatch No. 2181-B/2022

Summary: Determines the measures applicable to air traffic, airports, maritime and river borders and defines the terms and requirements of the respective verification system, as well as the supervision of its operation.

The epidemiological situation caused by the COVID-19 disease pandemic has seen a positive evolution in Portugal, largely due to the protection afforded by the high vaccination coverage registered at national level.

However, the uncertainty regarding the evolution of the pandemic and the risk of the emergence of new variants of concern for the SARS-CoV-2 virus require the maintenance of exceptional measures in terms of air traffic, airports and maritime and river borders.

Thus, article 8 of the regime annexed to Resolution of the Council of Ministers No. 25-A/2022, of 18 February, in its current wording, establishes that, when the epidemiological situation so warrants, Government responsible for the areas of tourism, foreign affairs, national defence, internal administration, health, civil aviation and infrastructure may, by means of an order, determine the adoption of measures restricting entry into national territory and air traffic from certain countries, namely through the suspension of non-essential travel or the establishment of a mandatory test presentation to screen for SARS-CoV-2 infection with a negative result.

Thus, under the combined terms of paragraph 1 of article 14, paragraph 1 of article 18, paragraph 1 of article 19, paragraph 1 of article 27 and the 1 of article 29 of Decree-Law no. 25-A/2022, of 18 February, in its current wording, the Minister of State, Economy and Digital Transition, the Minister of State and Foreign Affairs, the Minister of Internal Affairs, the Minister of Health, the Minister Infrastructure and Housing and the Assistant Secretary of State and National Defence determine the following:

1 – In terms of entry into national territory, essential and non-essential trips are authorized only for:

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

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

c) Passengers who hold other vaccination or recovery certificates recognized under the terms of this order;

d) Passengers coming from countries, special administrative regions and territorial entities and authorities not recognized as countries by at least one Member State of the European Union, whose epidemiological situation is in accordance with Council Recommendation (EU) 2020/912, of June 30, 2020, and respective updates, regarding air connections with Portugal and contained in annex i to this order, of which it forms an integral part, subject to confirmation of reciprocity, or passengers from these countries even if they make a stopover in countries that appear on the same list;

e) Passengers from Brazil, Canada, the United States of America and the United Kingdom.

2 – Essential travel by passengers from countries not listed in the previous number are also authorized, namely:

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

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

3 – Foreign citizens without legal residence in national territory who make a stopover at a national airport must wait for a connecting flight to their respective countries at a proper location within the airport.

4 – The validity of vaccination or recovery certificates issued by third countries is recognised, for the purposes set out in section ii of chapter ii of Decree-Law no. , under conditions of reciprocity, when they integrate the data fields included in the list in annex ii to this order, of which it forms an integral part.

5 – The non-reciprocity in the recognition by third countries of the validity of the EU COVID Digital Certificate, in the modalities of vaccination or recovery certificates, issued by Portugal, prevents the recognition of the validity of the certificates issued by these third countries.

6 – For the purposes of the provisions of paragraphs 4 and 5, the validity of vaccination certificates issued within the scope of this order is only recognized if their holders have been inoculated with the vaccine against COVID-19 identified in a joint circular of the Directorate- General of Health and INFARMED – National Authority for Medicines and Health Products, IP

7 – For the purposes of the preceding paragraph, under the terms of paragraphs 3 and 4 of article 4 of Decree-Law no. , vaccination certificates attesting to the completion of the primary vaccination series or the taking of a booster dose of the respective vaccines against COVID-19.

8 – Regarding the rules applicable to entry into national territory by air, in terms of testing and temperature control:

a) Airlines must only allow passengers to board flights to or from mainland Portugal upon presentation, at the time of departure, of proof of carrying out a nucleic acid amplification test (NAA) or a rapid antigen test (TRAg) for professional use to screen for SARS-CoV-2 infection with a negative result, carried out within 72 or 24 hours prior to the time of boarding, respectively, with the airlines being responsible for verifying the existence of said proof of test at the time of departure. departure, without prejudice to the provisions of subparagraph o);

b) For the purposes of the previous subparagraph, the presentation of one of the evidence referred to in subparagraphs b) and c) of no. article 6 of Decree-Law no. 54-A/2021, of 25 June, in its current wording;

c) National citizens and foreign citizens with legal residence in mainland territory, as well as diplomatic personnel stationed in Portugal who, exceptionally, do not carry proof of carrying out a test to screen for SARS-CoV-2 infection with a negative result under the terms of subparagraph a), must carry out, on arrival, before entering mainland territory, at their own expense, a nucleic acid amplification test (TAAN) or rapid antigen test (TRAg), being, for this purpose, forwarded by the competent authorities, waiting in a proper place inside the airport until notification of the result;

d) The provisions of the preceding paragraphs are not applicable to minors under 12 years of age, pursuant to paragraph 2 of article 6 of Decree-Law no. current wording;

e) Third-country nationals without legal residence in national territory who board without the test referred to in paragraph 1 must be refused entry into national territory;

f) The security forces and the Foreigners and Borders Service (SEF) carry out the inspection of the provisions of the preceding paragraphs;

g) For the purposes of this paragraph, only rapid antigen tests (TRAg) that are included in the common list of rapid antigen tests to screen for COVID-19 disease within the Community, agreed by the Union Health Security Committee European;

h) For the purposes of complying with the provisions of the previous paragraph, proof of laboratory performance of a rapid antigen test (TRAg) must necessarily indicate the set of standardized data agreed by the Health Security Committee of the European Union;

i) Passengers who board with proof of carrying out a rapid antigen test (TRAg) that does not meet the requirements set out in paragraphs g) and h) must undergo a new nucleic acid amplification test (TAAN) or rapid antigen test (TRAg) on arrival, before entering mainland territory, at their own expense, and must wait in a proper place, inside the airport, until notification of the result;

j) The laboratory tests referred to in paragraphs c) and i) are carried out and made available by ANA – Aeroportos de Portugal, SA (ANA, SA), through qualified health professionals, and this service may be subcontracted;

k) ANA, SA, must carry out, at the Portuguese international airports that it manages, infrared body temperature screening or body temperature measurement of all passengers arriving in mainland Portugal;

l) Passengers who, in the scope of the screening referred to in the previous number, have a body temperature equal to or greater than 38°C must be immediately taken to an adequate space for repeating the measurement of body temperature, and these passengers, if the assessment of the situation justifies it, be subjected to rapid antigen test (TRAg) to screen for infection by SARS-CoV-2;

m) Passengers who have a body temperature equal to or greater than 38ºC and who, for this reason, undergo a rapid antigen test (TRAg) to screen for SARS-CoV-2 infection, wait in a proper place inside the airport until notification of the result;

n) The tracking of body temperature control by infrared and the measurement of body temperature are the responsibility of ANA, SA, and the latter must be carried out by health professionals duly qualified for this purpose, even if subcontracted;

o) For the purposes of paragraph q) of article 2 of Decree-Law no. national territory and their family members within the meaning of Directive 2004/38/EC of the European Parliament and of the Council, of 29 April 2004, as well as diplomatic personnel stationed in Portugal, who embark without the test referred to in subparagraph a) on flights with origin in Portuguese-speaking African countries and flights to support the return of nationals or holders of residence permits in mainland Portugal or of a humanitarian nature;

p) ANA, SA, must implement the system for verifying compliance with the provisions of subparagraph q) of article 2 of Decree-Law no. passengers, provided for in the following numbers, without prejudice to verification, on arrival in mainland Portugal, by the Public Security Police (PSP) or SEF, in order to ensure a random control of 25% of passengers.

9 – In terms of verifying the provisions of this order, at Lisbon, Porto and Faro airports, ANA, SA, ensures the hiring of suitable private security professionals to carry out the inspection of the requirement of:

a) Proof of nucleic acid amplification test (TAAN) or rapid antigen test (TRAg) to screen for SARS-CoV-2 infection with a negative result, pursuant to paragraph 8(a) of this order;

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

c) Other vaccination or recovery certificates recognized under the terms of numbers 4 to 7 of this order.

10 – For the purposes of the previous number, the number of private security guards to be hired must be adequate to ensure the random control of 25% of passengers upon arrival in mainland Portugal, taking into account:

a) The expected flow of passengers in each time period;

b) The creation of two surveillance zones, one for flights from countries that are part of the European Union and countries associated with the Schengen Area and another for flights from third countries;

c) Maintaining the fluidity of passenger flows in the airport spaces where the verification actions provided for in paragraph 9 are carried out.

11 – ANA, SA, ensures, in a space reserved for this purpose, the availability of laboratory tests for nucleic acid amplification (TAAN) or rapid antigen tests (TRAg) that are included in the common list agreed by the Health Safety Committee of the European Union, to be carried out at the expense of passengers who, exceptionally, enter national territory without testing and in the following cases:

a) When they come from flights originating in countries that are part of the European Union and countries associated with the Schengen Area;

b) When, regardless of origin, they are nationals or foreigners with legal residence in national territory and their family members, within the meaning of Directive 2004/38/EC of the European Parliament and of the Council, of 29 April 2004;

c) When, regardless of origin, they are accredited as diplomatic personnel stationed in Portugal;

d) When they come from flights to support the return of nationals or holders of residence permits in mainland Portugal or of a humanitarian nature.

12 – The passengers referred to in the previous number must wait for the test result in a reserved place inside the airport, which must be ensured by ANA, SA

13 – The inspection provided for in paragraph 9, in relation to all passengers arriving on international flights, must take place:

a) In the international area, prior to document control by the SEF, in the case of flights from third countries;

b) After entering national territory, in a suitable place for that purpose, in the case of flights from countries that are part of the European Union and countries associated with the Schengen Area;

c) The provisions of this number are not applicable to passengers in transit in the international area.

14 – For flights from third countries, the following procedure applies:

a) Citizens who present one of the proofs required in paragraph 9 are given a blue wristband and sent, after document control, to the baggage reclaim area;

b) Citizens covered by sub-paragraphs b) to d) of no. SARS-CoV-2, being followed up to the testing area referred to in paragraph 11;

c) Foreign citizens without residence in national territory who do not present one of the proofs required by no. which must ensure their return to their place of origin;

d) Passengers covered by the previous paragraph must wait for the return flight to the origin in a suitable place for this purpose, to be made available by ANA, SA

15 – On flights from countries that make up the European Union and countries associated with the Schengen Area, the following procedure applies:

a) Citizens who present one of the proofs required in paragraph 9 are directed to leave the airport facility;

b) Citizens who, exceptionally, enter national territory without one of the documents provided for in no. referred to in paragraph 11.

16 – In the case of domestic flights, the control and inspection measures provided for in this order are not applicable to the respective passengers, and a green wristband is given to them by the airline at the time of departure.

17 – Citizens covered by subparagraphs a) to c) of paragraph 11, who do not present one of the proofs required in paragraph 9, are notified by the PSP or SEF, depending on the origin, of the administrative offense provided for in paragraph a) of 3 of article 3 of Decree-Law no. of subparagraph o) of paragraph 8.

18 – Citizens notified to carry out the screening test for SARS-CoV-2 infection, under the terms of subparagraph b) of paragraph 14 and subparagraph b) of paragraph 15, who refuse to perform it are , as provided for in paragraph 9, notified by the PSP or SEF, depending on the origin, of the administrative offense provided for in paragraph a) of paragraph 3 of article 3 of Decree-Law no. of June 26, in its current wording.

19 – When the result of the test referred to in paragraph 11 is positive, the health authority is informed, which must determine the mandatory confinement of the affected citizen, in a health establishment, at home or, if this is not possible, in another place. defined by the competent authorities, under the terms of article 3 of the regime annexed to the Resolution of the Council of Ministers no. 25-A/2022, of 18 February, in its current wording.

20 – For the purposes of the previous number, the passenger who does not have a domicile in the national territory must comply with mandatory confinement in a place identified by the competent authorities, at the expense of the air carrier on which he has traveled to Portugal, which is also responsible for the costs associated with food. passenger during this period.

21 – PSP and SEF ensure the reinforcement of personnel at national airports, in order to ensure a random control of 25% of passengers on arrival in mainland Portugal, according to the passenger flows scheduled for each day by ANA, SA , which must be communicated to the PSP and SEF focal points at each airport at least 72 hours in advance.

22 – The crew and passengers of State and Armed Forces aircraft, of aircraft that integrate or will integrate the Special Rural Fire Fighting Device, flights for the exclusive transport of cargo and mail, emergency medical and technical scales for non-commercial purposes.

23 – The following rules apply to the embarkation and disembarkation of passengers and crews of cruise ships in ports located in mainland Portugal:

a) The embarkation, disembarkation and licenses to land are carried out, exclusively, upon presentation, as the case may be, of:

i) EU COVID Digital Certificate, admitted under the terms of Decree-Law no. market pursuant to Regulation (EC) No. 726/2004, of the European Parliament and of the Council, of 31 March 2004, which has been the subject of an implementing decision by the European Commission, under paragraph 2 of the article 8 of Regulation (EU) 2021/953, of the European Parliament and of the Council, of 14 June 2021;

ii) Proof of vaccination or recovery issued by a third country and recognized under the terms of this order;

iii) Proof of carrying out a nucleic acid amplification test (NAAT) or rapid antigen test (TRAg) for professional use to screen for SARS-CoV-2 infection with a negative result, respectively, performed within the previous 72 or 24 hours embarkation or disembarkation, as the case may be.

b) For the purposes of subparagraph iii) of the previous subparagraph, only TRAgs that are on the common list of rapid antigen tests to screen for COVID-19 disease within the Community, agreed by the Health Security Committee of the European Union;

c) For the purposes of complying with the provisions of the previous paragraph, proof of laboratory performance of TRAg must mandatorily indicate the set of standardized data agreed by the Health Security Committee of the European Union;

d) The provisions of subparagraph a) are not applicable to children under 12 years of age under the terms of paragraph 2 of article 6 of Decree-Law no. ;

e) Without prejudice to random verification of the free circulation of the ship, upon arrival in national territory, by the Maritime Police or SEF, cruise ship owners carry out a verification for each passenger on boarding and a random verification of 25 % of passengers on disembarkation to verify the existence of one of the documents referred to in paragraph a), as the case may be, under penalty of incurring administrative offences, under the terms provided for in Decree-Law No. 28-B/2020, of 26 of June, in its current wording;

f) Port administrations ensure measures to verify compliance with the rules applicable to maritime transport, in accordance with the provisions of Council of Ministers Resolution no. necessary adaptations;

g) Verification of the existence of, at least, one of the documents referred to in subparagraph a) is an essential condition for the embarkation or disembarkation of the respective holders to Portugal;

h) The port authority or, if applicable, the terminal concessionaire ensures, in a space reserved for this purpose, the availability of nucleic acid amplification (TAAN) or antigen (TRAg) laboratory tests, which are included in the common list agreed by the Committee of Health Security of the European Union, to passengers who exceptionally enter national territory without testing, at their expense;

i) Passengers referred to in the previous paragraph must wait for the test result in a reserved place within the port facility, which must be ensured by the port administration;

j) When the result of the test referred to in point h) is positive, the health authority is informed, which must determine the mandatory confinement of the affected citizen, in a health establishment or at home, under the terms of article 3 of the regime. attached to the Resolution of the Council of Ministers No. 25-A/2022, of 18 February, in its current wording;

k) For the purposes of the previous paragraph, the passenger or crew member who does not have a domicile in national territory, must comply with mandatory confinement in a place identified by the competent authorities, at the expense of the cruise ship owner, who will also be responsible for the costs associated with food passenger during this period;

l) The security forces and the SEF carry out the inspection of the provisions of this order, including for the purposes of administrative offenses against cruise ship owners and passengers and crew members who do not have one of the documents referred to in subparagraph a), under the terms foreseen. in Decree-Law No. 28-B/2020, of 26 June, in its current wording.

24 – This order takes effect at 00:00 on the day following its publication, and may be revised at any time, depending on the evolution of the epidemiological situation.

February 18, 2022. – The Minister of State, Economy and Digital Transition, Pedro Gramaxo de Carvalho Siza Vieira. – The Minister of State and Foreign Affairs, Augusto Ernesto Santos Silva. – The Minister of Internal Administration, Francisca Eugénia da Silva Dias Van Dunem. – The Minister of Health, Marta Alexandra Fartura Braga Temido de Almeida Simões. – The Minister of Infrastructure and Housing, Pedro Nuno de Oliveira Santos. – The Assistant Secretary of State and National Defence, Jorge Filipe Teixeira Seguro Sanches.

ANNEX I

List of countries, special administrative regions and territorial entities and authorities not recognized as countries by at least one Member State, referred to in paragraph 1(d)

Countries:

1 – Saudi Arabia.

2 – Bahrain.

3 – Chile.

4 – Colombia.

5 – South Korea.

6 – United Arab Emirates.

7 – Indonesia.

8 – Kuwait.

9 – New Zealand.

10 – Peru.

11 – Qatar.

12 – People’s Republic of China.

13 – Rwanda.

14 – Uruguay.

Special Administrative Regions:

1 – Hong Kong.

2 – Macau.

Entities and territorial authorities not recognized as countries by at least one Member State:

1 – Taiwan.

ANNEX II

Mandatory minimum data for recognition of vaccination or recovery certificates referred to in paragraph 4

1 – Vaccination certificates must include at least the following information:

a) First name(s) and surname(s) of the holder;

b) Date of birth;

c) Disease or agent targeted: COVID-19 (SARS-CoV-2 or one of its variants);

d) Vaccine against COVID-19 or prophylaxis;

e) Name of the vaccine against COVID-19;

f) Holder of the marketing authorization or manufacturer of the vaccine against COVID-19;

g) Number in a series of doses, as well as the total number of doses in the series;

h) Date of vaccination, indicating the date of the last dose administered;

i) Member State or third country where the vaccine was administered;

j) Entity issuing the certificate.

2 – Recovery certificates must include at least the following information:

a) First name(s) and surname(s) of the holder;

b) Date of birth;

c) Disease or agent from which the holder has recovered: COVID-19 (SARS-CoV-2 or one of its variants);

d) Date of the first positive result of the diagnostic test;

e) Member State or third country in which the diagnostic test was carried out;

f) Entity issuing the certificate;

g) Certificate valid from.

100000343