Order No. 12727-B / 2020

Summary: Extension of measures applicable to air traffic to and from Portugal.

In the context of the epidemiological situation caused by the SARS-CoV-2 virus and the exceptional measures adopted to deal with the disease COVID -19, the ban on air traffic to and from Portugal from 17 April 2020 was determined all flights to and from countries that are not part of the European Union, with certain exceptions, through Order No. 3427-A / 2020, of March 18, successively extended until 23:59 on December 31, taking into account the assessment of epidemiological situation in Portugal and the European Union and the guidelines of the European Commission.

Having regard to Council Recommendation (EU) 2020/1551 of 22 October 2020 amending Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction of travel which is not essential for the the EU and the eventual lifting of such a restriction, the need to extend air traffic restrictive measures, duly aligned with the current public health concerns, remains.

In turn, the President of the Republic renewed the declaration of a state of emergency throughout the national territory, through the Decree of the President of the Republic no. 66-A / 2020, of 17 December, with the Government proceeding with its execution, through regulation by Decree No. 11-A / 2020, of 21 December.

It is therefore important to ensure the adequate regime of authorized air traffic in mainland Portugal, in view of the current epidemiological context.

Thus, in conjunction with paragraph 1 of article 18, paragraph 1 of article 19, paragraph 1 of article 27 and article 29 of Decree-Law no. 169-B / 2019, of December 3, in its current wording, and of paragraph 2 of article 33 of Law no. 27/2006, of July 3, in its current wording, the Minister of State and Foreign Affairs, the Minister for National Defense, the Minister for Internal Administration, the Minister for Health and the Minister for Infrastructure and Housing determine the following:

1 – Authorize air traffic to and from Portugal for all flights to and from countries that are part of the European Union and countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland).

2 – Authorize flights to and from countries and special administrative regions, whose epidemiological situation is in accordance with Council Recommendation (EU) 2020/1551, of 22 October 2020, regarding air connections with Portugal and included in the list in annexed to this order, of which it is an integral part, subject to confirmation of reciprocity in accordance with Annex I of the aforementioned Recommendation, as well as the entry into Portugal of residents in countries that appear on the list, whenever they have only carried out international transits or transfers in airports located in countries not listed there.

3 – Authorize air traffic to and from Portugal for all flights to and from countries that are not part of the European Union or that are not countries associated with the Schengen Area, exclusively for essential trips, without prejudice to the provisions of the preceding paragraphs.

4 – For the purposes of the preceding paragraph, essential journeys are considered, under the terms referred to in Council Recommendation (EU) 2020/912, of 30 June 2020, namely those designed to allow the transit or entry or exit of Portugal from:

a) Citizens of the European Union, nationals of States associated with the Schengen Area and members of their families, pursuant to Directive 2004/38 / EC of the European Parliament and of the Council, of 29 April 2004, and nationals of third countries with legal residence in a Member State of the European Union;

b) Third-country nationals traveling for professional, study, family reunion, health or humanitarian reasons.

5 – Authorize flights to support the return of national citizens or holders of residence permits in Portugal, as well as those of a humanitarian nature, which have been recognized by the competent departments of the governmental area of ​​foreign affairs and by the competent authorities in matters of civil aviation, and also, flights destined to allow foreign citizens returning to their respective countries who are in Portugal, provided that such flights are promoted by the competent authorities of those countries, subject to prior request and agreement, and in compliance with the principle of reciprocity .

6 – Passengers on flights referred to in paragraph 3, with the exception of children who have not reached the age of 24 months and passengers in transit who do not have to abandon airport facilities, must present proof of completion before boarding laboratory test (RT-PCR) for screening for infection by SARS-CoV-2, with a negative result, performed within 72 hours prior to the time of embarkation, without which they will not be able to embark.

7 – National citizens and foreign citizens with legal residence in national territory and their family members, as well as diplomatic personnel placed in Portugal, who are passengers on flights under the terms of paragraphs 3 or 5 and who, in violation of the duty to present proof of laboratory test for screening for infection by SARS-CoV-2 with negative result, under the terms of the previous number, even so, proceed to embarkation, are forwarded by the competent authorities, upon arrival in national territory, for the accomplishment of said testing at their own expense, in a proper location inside the airport in a service provided by ANA – Aeroportos de Portugal, SA, through health professionals qualified for this purpose, which may be subcontracted except if they immediately proceed to other national airports where the control and carrying out of these tests is mandatory, on arrival.

8 – Citizens who refuse to carry out the test on arrival in national territory, under the terms of the previous number, are immediately notified by the Aliens and Borders Service to carry out the test within 48 hours, at their own expense, and that they may incur crimes of disobedience and the spread of contagious disease, with this notification being informed to health authorities and the territorially competent security force in their area of ​​residence.

9 – Airlines that allow passengers to board without the test referred to in paragraph 6 incur non-compliance with the duties established in paragraph i) of article 2 of Decree-Law no. 28-B / 2020, of 26 June, as amended by Decree-Law no. 37-A / 2020, of July 15, and are subject to an administrative offense as provided for in paragraph 2 of article 3 of the same diploma.

10 – The application of the fines provided for in the preceding paragraph before the departure of nationals and foreigners with legal residence in national territory and their family members under the terms of Directive 2004/38 / EC of the European Parliament and of the Council, of 29 April, is exceptional of 2004, without the test referred to in paragraph 6 on flights originating in Portuguese speaking African countries and on flights to support the return of nationals or holders of a residence permit in Portugal or of a humanitarian nature.

11 – Passengers referred to in paragraphs 7 and 8 must remain in the residence or accommodation indicated by them until the notification of the negative result, under penalty of incurring a crime of spreading contagious disease.

12 – Foreign citizens who embark without the test referred to in paragraph 6, or whose transit requires them to leave airport facilities, must be refused entry into national territory, the company being the subject of the administrative offense provided for in article 3. of Decree-Law no. 37-A / 2020, of 15 July.

13 – The health measures applicable to the countries referred to in paragraphs 1 and 2 are reassessed according to the decisions taken by the respective countries.

14 – The interdictions resulting from this order are not applicable to State aircraft and the Armed Forces, to aircraft that integrate or will integrate the Special Rural Fire Fighting Device, to flights for the exclusive transportation of cargo and mail, of emergency medical and technical scales for non-commercial purposes.

15 – The Ministers of Internal Affairs and Health may adopt, through a joint order, specific health control measures that are necessary depending on the origin of the flights, in compliance with Council Recommendation (EU) 2020/1551, of 22 October 2020, and the assessment of the epidemiological situation by the Centers for Disease Control and Prevention.

16 – The present order takes effect from 00:00 on January 1, 2021 and until 23:59 on January 15, 2021, and may be revised at any time, depending on the evolution of the epidemiological situation.

December 30, 2020. – The Minister of State and Foreign Affairs, Augusto Ernesto Santos Silva. – The Minister of National Defense, João Titterington Gomes Cravinho. – The Minister of Internal Administration, Eduardo Arménio do Nascimento Cabrita. – The Minister of Health, Marta Alexandra Fartura Braga Temido de Almeida Simões. – The Minister of Infrastructure and Housing, Pedro Nuno de Oliveira Santos.

ATTACHMENT

List of countries and special administrative regions referred to in paragraph 2

Countries

1 – Australia.
2 – China.
3 – South Korea.
4 – Japan.
5 – New Zealand.
6 – Rwanda.
7 – Singapore.
8 – Thailand.
9 – Uruguay.

Special administrative regions
1 – Hong Kong.
2 – Macau.
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