Resolution of the Council of Ministers No. 135-A/2021

 

Summary: Changes measures under the alert situation.

Since March 2020, the fight against the COVID-19 disease pandemic has required the adoption of extraordinary measures in order to try to contain the spread of the SARS-CoV-2 virus and mitigate the consequences of that disease.

These measures were diverse, and they focused on various matters with an impact on the daily lives of citizens and companies, from the closure of activities, establishments and equipment, as well as restrictions on opening, operating or closing hours, to the mandatory adoption of the regime teleworking, the use of masks or the testing of citizens, including other specific rules applicable to certain sectors of activity such as catering establishments, tourist establishments or local accommodation, gymnasiums and academies and events and celebrations.

However, at the end of 2020, Portugal started the process of vaccination against COVID-19, with extraordinary levels of vaccinated population having been reached, with the arrival, within a few days, of 85% of the population with complete vaccination.

Since July 2021, the progressive process of lifting the restrictive measures had been defined through the Resolution of the Council of Ministers No. 101-A/2021 , of July 30, having set two levels of percentage of the population with complete vaccination in a function of which, without prejudice to other epidemiological criteria, would be adopted: i) a first range of measures when the level of 70% of the population with complete vaccination is reached, which came to be effected by means of the Resolution of the Council of Ministers n. No. 114-a / 2021 , August 20; and ii) another range of measures when reaching the level of 85% of the population with complete vaccination, which is effective through this resolution.

Thus, considering, namely, the provisions of article 34 of the Resolution of the Council of Ministers No. 114-A/2021 , of 20 August, and the technical recommendations of experts, namely in the areas of epidemiology and public health , presented at a meeting held at the headquarters of INFARMED – National Authority for Medicines and Health Products, IP, a series of measures that have been in force in the scope of combating the COVID-19 disease pandemic is now being surveyed.

In this context, the recommendation for the adoption of the teleworking regime is eliminated, without prejudice to the maintenance of the rules regarding the mismatch of timetables.

In turn, the regime relating to testing is changed, eliminating, in particular, the provisions regarding testing in workplaces with 150 or more workers.

At the same time, restrictions on the sale and consumption of alcohol are eliminated and bars and clubs resume their activity, although access to these places depends on the presentation of a COVID Digital Certificate from the European Union (EU).

Commercial establishments and certain events and celebrations no longer have limitations in terms of capacity and opening hours, as well as catering establishments and similar no longer have limits regarding the number of people per group, and the need is also eliminated presentation of the EU COVID Digital Certificate or test with a negative result for access to restaurants and similar establishments and tourist establishments or local accommodation.

Finally, there is also no need to present the EU COVID Digital Certificate or test with a negative result for the purposes of participating in group classes in gyms and gyms, as well as for access to gambling establishments, casinos, bingos or similar and spas, spas or similar establishments.

Thus:

Pursuant to article 12 of Decree-Law no. 54-A/2021 , of 25 June, of article 13 of Decree-Law no. 10-A/2020 , of 13 March, in its current wording, pursuant to the provisions of article 2 of Law No. 1-A/2020 , of March 19, in its current wording, Bases 34 and 35 of Law No. 95/2019 , of 4 March September, of article 17 of Law no. 81/2009 , of 21 August, of no. 6 of article 8 of Law no. 27/2006 , of 3 July, in its current wording, and Article 199(g) of the Constitution, the Council of Ministers resolves:

1 – Declare, following the epidemiological situation of COVID-19, until 23:59 h on October 31, 2021, the alert situation throughout the mainland national territory.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11 – To determine that, for the purposes of the provisions of paragraphs 1 and 3 of article 2 of Decree-Law no. 79-A/2020 , of 1 October, in its current wording, all councils of the continental national territory, as well as the extension of the application of this regime, with the necessary adaptations, to the direct and indirect administration of the State and the recommendation of its application to other public entities.

12 – To revoke the Resolutions of the Council of Ministers No. 87/2020 , of October 14th, No. 88/2020 , of October 14th, and No. 114-A/2021 , of August 20th.

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

Presidency of the Council of Ministers, September 23, 2021. – The Prime Minister, António Luís Santos da Costa.

ATTACHMENT

(Alert situation regime referred to in paragraphs 2 and 10 of this resolution)

CHAPTER I

Object and scope

Article 1

Object

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

Article 2

Territorial scope of application

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

CHAPTER II

Sanitary and public health measures

Article 3

Mandatory confinement

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

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

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

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

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

Article 4

Body temperature control

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

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

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

4 – Measurements may be carried out by a worker working for the entity responsible for the location or establishment, always using equipment suitable for this purpose, which may not contain any memory or keep records of the measurements taken, and no physical contact with the person is permitted. targeted.

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

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

a) Refuse the measurement of body temperature;

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

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

Article 5

Performing SARS-CoV-2 diagnostic tests

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

a) Workers and users of health care establishments;

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

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

d) In the context of prison services and educational centers:

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

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

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

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

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

4-the performance of diagnostic tests for SARS-CoV-2 referred to in paragraph 1 is determined by the head of the respective establishment or service, except in the case of paragraph d), in which it is by order of the Director General of Reinsertion and Prison Services, and of subparagraph e) and of paragraph 2, in which it is under the terms of the respective standard or guidance.

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

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

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

8 – The presentation of the EU COVID Digital Certificate does not require, as far as visitors are concerned, the presentation of proof of having carried out a test to screen for SARS-CoV-2 infection provided for in subparagraph c) of paragraph 1.

Article 6

Exceptional measures in the field of public health

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

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

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

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

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

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

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

Article 7

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

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

CHAPTER III

Other health measures

Article 8

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

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

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

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

Article 9

Access to bars and other drinking establishments

1 – Access to bars, other drinking establishments without a show and establishments with a dance space, regardless of the day of the week or time, depends on the presentation, by customers, of the EU COVID Digital Certificate admitted under the terms of the Decree- Law No. 54-A/2021 , of 25 June.

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

Article 10

Events

1 – Sports events and celebrations, as well as other events not covered by paragraph 3, whether held indoors, outdoors or outside fixed venues, may be held in accordance with the specific guidelines of the DGS, provided that they are preceded of risk assessment, by the local health authorities, to determine the feasibility and conditions of its implementation.

2 – In events where the number of participants exceeds that defined by the DGS for this purpose, the organizers must request the presentation, by all participants, and verify the respective COVID EU Digital Certificate admitted under the terms of the Decree- Law No. 54-A/2021 , of 25 June.

3 – Family events, including weddings and baptisms, religious celebrations, events of a corporate nature, are excluded from the provisions of the preceding paragraphs, which may be carried out without reducing the capacity and without the need for a prior risk assessment held in spaces suitable for this purpose, namely congress halls, tourist establishments, venues suitable for holding trade fairs and cultural events in show venues of a fixed nature.

4 – Without prejudice to the duty to request and verify compliance with the provisions of paragraph 2 by the event organizers, the responsibility for carrying out diagnostic tests for SARS-CoV-2, as well as the respective charges, when applicable for Effects of issuing the EU COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June, belongs to the participant in the event.

Article 11

Measures in the context of residential structures

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

a) Permission to carry out visits to users upon presentation of the EU COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June;

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

c) Regular screening of users and professionals;

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

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

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

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

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

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

3 – The SARS-CoV-2 diagnostic tests are carried out by a health professional, and the respective results are globally communicated to the person in charge of the technical direction of the residential structure, who is subject to professional secrecy.

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

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

Article 12

Visits to health care establishments

Access by visitors to users admitted to health care establishments depends on their presentation of the EU COVID Digital Certificate admitted under the terms of Decree-Law no. 54-A/2021 , of 25 June.

Article 13

Exceptions to the rules on presentation of certificates

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

CHAPTER IV

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

Article 14

General rules applicable to entry into national territory by air

1 – Essential and non-essential trips are authorized:

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

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

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

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

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

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

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

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

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

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

Article 15

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

1 – Airlines should only allow passengers to board flights with destination or stopover in mainland Portugal upon presentation, at the time of departure, of proof of laboratory performance of nucleic acid amplification test (TAAN) or rapid test of antigen (TRAg) to screen for SARS-CoV-2 infection with a negative result, carried out within 72 or 48 hours prior to the time of boarding, respectively, with the airlines being responsible for verifying the existence of said test at the time of departure, without prejudice random verification, upon arrival in mainland national territory, by the Public Security Police or the Aliens and Borders Service (SEF).

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

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

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

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

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

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

8 – The security forces and the SEF inspect the provisions of the previous numbers.

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

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

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

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

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

14 – The monitoring of body temperature control via 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 the purpose, even if subcontracted.

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

Article 16

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

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

2-the order provided for in the preceding paragraph may also determine situations of exemption from mandatory prophylactic isolation if passengers are guaranteed compliance with a set of public health measures defined by the DGS.

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

Article 17

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

The provisions of articles 14 to 16 are not applicable:

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

b) Aircraft crew.

Article 18

Measures applicable to land, sea and river borders

1 – The provisions of paragraphs 1, 2 and 4 of article 14, paragraphs 1, 2, 9 and 10 of article 15 and article 16 shall apply, mutatis mutandis, to the embarkation and disembarkation of passengers and crew of cruise ships in ports located in mainland national territory, in terms to be implemented by order of the members of the Government responsible for the areas of national defence, internal administration, health and infrastructure.

2 – The provisions of paragraph 4 of article 14 and article 16 are also applicable to citizens who enter national territory by land or river.

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