Resolution of the Council of Ministers 45-C/2021 Declaring Situation of Calamity

Resolution of the Council of Ministers no. 45-C / 2021

Publication: Diário da República No. 84/2021, 1st Supplement, Series I of 2021-04-30

Issuer: Presidency of the Council of Ministers

Diploma Type: Resolution of the Council of Ministers

Number: 45-C / 2021

Pages: 19- (2) to 19- (32)

ELI: https://data.dre.pt/eli/resolconsmin/45-C/2021/04/30/p/dre

PDF version: Download

SUMMARY

Declares the situation of calamity in the context of the pandemic of the disease COVID-19

TEXT

Resolution of the Council of Ministers no. 45-C / 2021

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

The efforts of the Portuguese, combined with a policy of massive testing and progression of vaccination, allowed a sustained reduction in the number of new daily cases of people infected with the COVID-19 disease, with a similar reduction in the number of hospitalized and the occupancy rate of intensive care units, having met the criteria identified by the experts as fundamental to the control of the pandemic.

It happens, however, that the need to prevent the disease, contain the pandemic and guarantee the security of the Portuguese, coupled with the gradual lifting of suspensions and interdictions enacted during the period in which the state of emergency prevailed, implies the need to maintain measures, although less restrictive.

In this sense, the Government, under the Basic Law of Civil Protection, declares the situation of calamity, establishing, among others, the fixing of sanitary fences and limits and restrictions on circulation.

Likewise, under articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, the Government has come to define exceptional and specific measures regarding activities related to retail establishments, services, catering establishments, as well as access to services and public buildings.

Furthermore, the Law on the Public Health Surveillance System allows the Government to take exceptional measures that are indispensable for the control of the COVID-19 disease pandemic.

At this stage, the Government opts for a less intense list of restrictions, suspensions and closures than that which was in force, without prejudice to the local degree of restrictions and the need to maintain scrupulous compliance by the Portuguese population with the protection measures essential to the containment of infection.

The mitigation of the contagion and spread of the SARS-CoV-2 virus and the COVID-19 disease is fundamental in safeguarding the health and safety of the population, so that they remain in mandatory confinement, in a health establishment, at their home or elsewhere, sick people and under active surveillance.

Thus, regarding the generality of the country – according to criteria for assessing the epidemiological situation – the gradual strategy of lifting containment measures in the context of combating the pandemic of the disease COVID-19 established in the Resolution of the Council of Ministers no. 19/2021 , of 13 March.

However, according to the aforementioned criteria for assessing the epidemiological situation, the lifting of measures cannot occur uniformly throughout the country, as the epidemiological situation verified in certain municipalities justifies that eight of them – although in the case of Odemira only as regards the parishes of São Teotónio and Longueira / Almograve – different rules apply.

Thus, this resolution provides for five rules regarding its territorial scope: i) national rules, applicable to all municipalities that affect, namely, in terms of flights, air traffic and land borders; ii) rules, corresponding to the 4th phase of deflation, applicable to most Portuguese municipalities; iii) rules corresponding to the maintenance in the 3rd phase of deflation, applicable to three municipalities in the continental national territory; iv) rules, corresponding to the regression to the 2nd phase of deflation, applicable to three municipalities in the continental national territory; and v) rules, corresponding to the regression to the 1st phase of deflation, applicable to two municipalities in the continental national territory, although, in the case of the municipality of Odemira,

First, a measure of an absolutely exceptional nature is established, given the situation of contamination located in the parishes of Longueira / Almograve and São Teotónio, in the municipality of Odemira, requiring, therefore, the fixation of a sanitary fence.

The municipality of Portimão and the parishes of São Teotónio and Longueira / Almograve are in an epidemiological situation that requires them to follow the measures corresponding to the 1st phase of de-definition (level 4).

The municipalities of Aljezur, Carregal do Sal and Resende will apply the rules corresponding to the 2nd phase of deflation (level 3).

With regard to the municipalities of Miranda do Douro, Paredes and Valongo, the epidemiological situation requires that they do not proceed to the next phase of lifting restrictive measures, therefore maintaining measures related to the 3rd phase of deflation (level two).

In the remaining municipalities of the continental national territory, the epidemiological situation allows the continuation of the 4th phase of the survey of measures (level 1), as foreseen in the strategy adopted by the resolution of the aforementioned Council of Ministers. Thus, and in short, this resolution, in addition to setting national measures, also sets the rules to be in force for most Portuguese municipalities for the next 15 days.

The service inside restaurants, cafes and pastry shops, now has a maximum limit of six people per table inside, and a new limit of 10 people per table on terraces is also set.

The closing hours of cultural establishments, restaurants, cafes and pastry shops are set at 10:30 pm on weekdays, Saturdays, Sundays and holidays.

The activities of non-food retail trade, food retail trade, provision of services in establishments in operation start to close at 21:00 on working days and at 19:00 on Saturdays, Sundays and holidays.

It is authorized, under the terms defined by the Directorate-General for Health (DGS), the practice of all sports, group classes at gyms and gyms, as well as physical activity in the open air without limit of people.

Finally, it is possible, without prejudice to other conditions foreseen under the terms of this resolution, to hold indoor and outdoor events, albeit with a reduced capacity, and in accordance with DGS guidelines, as well as weddings and baptized with a maximum limit of 50% of the permitted capacity.

Thus:

Under the terms of articles 12 and 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 19 March, in its current wording, of article 17 of Law no. 81/2009 , of 21 August, of no. 6 of article 8 and of article 19 of Law no. 27/2006 , of July 3, in its current wording, and in paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:

1 – To declare, following the epidemiological situation of COVID-19, until 11:59 pm on May 16, 2021, the situation of calamity in the entire continental national territory.

2 – To determine, without prejudice to the powers of the members of the Government responsible for the areas of the economy, internal administration, Public Administration, health, environment and infrastructure, which can be exercised jointly with the members of the Government responsible for the respective areas sectors, when applicable, the adoption, throughout the continental national territory, of the following measures of an exceptional nature, necessary to combat the disease COVID-19, 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 the individual and collective health of citizens;

b) The limitation or conditioning of access, circulation or permanence of people in spaces frequented by the public, as well as dispersion of concentrations greater than 10 people, unless all belong to the same cohabiting household;

c) The limitation or conditioning of certain economic activities;

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

e) The establishment of rules applicable to air traffic and airports;

f) Recognition of the need to temporarily order goods or services, under terms to be determined by order of the members of the Government responsible for the areas of finance and internal administration;

g) The fixing of a sanitary fence in the parishes of São Teotónio and Longueira / Almograve, municipality of Odemira.

3 – Reinforce, without prejudice to the preceding paragraphs, that it is incumbent upon the security forces and services, the municipal police and the Food and Economic Security Authority (ASAE) to monitor compliance with the provisions of this resolution, by means of:

a) The closure of establishments and the cessation of activities provided for in annex i to the regime annexed to this resolution and of which it forms an integral part, as well as in articles 38, 43 and 51;

b) Comination 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, approved by Decree-Law no. 48/95, of 15 March, in its current wording, of Article 6 of Law No. 27/2006, of July 3, in its current wording, for violation of the provisions of Article 10 of the regime attached to this resolution, as well as articles 38, 43, 49, 50 and 51 and, also, mandatory confinement by those subject to it under the terms of article 3 of the aforementioned regime;

c) Advice on the non-concentration of people on the public road and the dispersion of concentrations greater than 10 people, unless all belong to the same household that cohabits.

4 – To determine the creation of a structure for monitoring the situation of calamity, coordinated by the member of the Government responsible for the area of internal administration, with the power of delegation, composed of representatives of the governmental areas defined by order of the Prime Minister and representatives of the forces and security services and the National Emergency and Civil Protection Authority (ANEPC), for the purpose of regular monitoring of the declared situation.

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

6 – Establish, within the scope of protection and assistance:

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

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

c) The use, when necessary, of the system of notices to the population by ANEPC.

7 – To recommend to the parish councils, within the framework of ensuring compliance with the provisions of the regime attached to this resolution, the signaling, with the security forces and services, of the municipal police and ASAE, of the establishments to be closed, to guarantee the cessation of the activities foreseen in annex I to the regime annexed to this resolution, as well as in articles 38, 43 and 51.

8 – To determine that, for the purposes of paragraph b) of paragraph 3, 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, the infected with SARS-CoV-2 and close contacts under active surveillance.

9 – To determine that, by decision of the regionally competent regional health administration and public health department, monitoring teams of citizens in a situation of mandatory confinement can be established, 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 sectorial area, any other services, bodies, entities or structures of the direct or indirect administration of the State.

10 – Reinforce that, during the period of validity of the calamity situation, citizens and other entities have, under the terms of paragraphs 1 to 3 of article 6 of Law no. 27/2006 , of July 3 , in its current wording, the duty of collaboration, namely in the fulfillment of orders or instructions from the health authorities, from 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 for the implementation of the measures that justify the present declaration of calamity.

11 – To determine the security forces and services, ASAE and the Authority for Working Conditions to reinforce the enforcement actions of compliance with the provisions of this resolution, whether on public roads, in commercial and catering establishments or in workplaces .

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

13 – To reinforce that disobedience and resistance to the legitimate orders of the competent entities, when practiced during the validity of the calamity 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, respective penalties increased by one third, in their minimum and maximum limits, pursuant to paragraph 4 of article 6 of Law no. 27/2006 , of July 3, in its current wording.

14 – To determine that, for the purposes of the provisions of article 2 of Decree-Law no. 79-A / 2020 , of October 1, in its current wording, all municipalities in the national territory are considered.

15 – To determine that the publication of the present resolution constitutes sufficient comminution for all legal purposes, namely for the fulfillment of the type of crime of disobedience.

16 – To determine that this resolution takes effect at 00:00 on 1 May 2021 (midnight 30th April/1st May).

Presidency of the Council of Ministers, April 29, 2021. – The Prime Minister, António Luís Santos da Costa.

ATTACHMENT

Disaster situation regime

[referred to in paragraph 2, paragraph b) of paragraph 3 and paragraphs 7 and 13 of this resolution]

CHAPTER I

Purpose and scope

Article 1

Object

1 – The present regime establishes exceptional and temporary measures to respond to the SARS-CoV-2 epidemic and the COVID-19 disease in the context of the declaration of a calamity situation.

2 – The present regime also determines that the provisions of the previous number have territorial application depending on the epidemiological situation, under the terms of the following article.

Article 2

Scope of territorial application

1 – Without prejudice to the following paragraphs, the provisions of the present regime are applicable to the entire continental national territory.

2 – The provisions of section i of chapter iii are especially applicable to the following municipalities, which, according to the criteria defined in the Resolution of the Council of Ministers no. 19/2021 , of 13 March, are at level 2 of the gradual strategy of lifting containment measures in the context of combating the pandemic of the disease COVID-19:

a) Miranda do Douro;

b) Paredes;

c) Valongo.

3 – The provisions of section ii of chapter iii are especially applicable to the following municipalities, which, according to the criteria defined in the Resolution of the Council of Ministers no. 19/2021 , of 13 March, are at level 3 of the gradual strategy of lifting containment measures in the context of combating the pandemic of the disease COVID-19:

a) Aljezur;

b) Carregal do Sal;

c) Resende.

4 – The provisions of section iii of chapter iii are especially applicable to the municipality of Portimão and the parishes of São Teotónio and Longueira / Almograve of the municipality of Odemira, which, according to the criteria defined in the Resolution of the Council of Ministers no. 19/2021 , of March 13, are at level 4 of the gradual strategy of lifting containment measures in the context of combating the disease pandemic COVID-19

5 – Except for the provisions of the previous number, article 50, which is only applicable in the parishes of São Teotónio and Longueira / Almograve, in the municipality of Odemira.

CHAPTER II

General provisions applicable to the entire continental national territory

SECTION I

Sanitary and public health measures

Article 3

Mandatory containment

1 – They are in compulsory confinement, in a health establishment, at home or, if 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 communicate to the security forces and services of the place of residence the application of the mandatory containment measures.

3 – 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 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, the public health authorities, the care units and the security forces, as well as, by order of 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

Civic duty of home collection

Citizens must refrain from circulating in public spaces and roads, as well as in spaces and private roads equivalent to public roads, and must remain in their respective homes, avoiding unnecessary travel.

Article 5

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 the present regime 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 rendering 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 6

Body temperature control

1 – In cases where the respective activity is maintained under the terms of the present regime, measurements of body temperature may be carried out by non-invasive means, in the control of access to the workplace, public services or institutions, educational establishments, teaching establishments and vocational training, commercial, cultural or sports spaces, means of transport, health establishments, prisons or educational centers, as well as residential structures.

2 – The persons 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, with 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 performed 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, with no physical contact with the person being allowed. 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 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 provision in paragraph b) of the previous number determines the impossibility of a worker to access the respective workplace, the absence is justified.

Article 7

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 from temporary reception centers and emergency accommodation centers, 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 centers:

i) Prisoners in prisons and young people admitted to educational centers;

ii) Whoever intends to visit the persons referred to in the preceding paragraph;

iii) Prison Guard Corps workers and other workers of the Directorate-General for Reinsertion and Prison Services (DGRSP), in the exercise of their functions and because of them, for the purposes 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) Workers who perform their duties at Citizen’s Shops for the purpose of access and stay at the workplace;

f) Workers assigned to agricultural holdings and the construction sector;

g) Anyone wishing to enter or leave the mainland or the Autonomous Regions by air or sea;

h) Anyone wishing to access places determined for this purpose by the Directorate-General for Health (DGS).

2 – The performance 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:

a) In the case of subparagraphs d) and e), in which it is, respectively, by order of the director general of Reinsertion and Prison Services or at the initiative of the managing entity of each Citizen’s Shop, under the terms determined by DGS guidance;

b) In the case of subparagraph f), where it is determined by the health authority.

3 – The charges for the SARS-CoV-2 diagnostic tests referred to in paragraph f) of paragraph 1 are the responsibility of the user company or final beneficiary of the services provided.

4 – In cases where the results of the tests carried out under the preceding paragraphs make it impossible for a worker to have access to the respective workplace, the absence is justified.

Article 8

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) The exception measures applicable to the assistance activity carried out by the services and establishments integrated in the NHS;

b) 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, transportation, distribution and supply of goods and services essential to the activity of the health sector;

c) The strictly indispensable measures related to the processing of personal data by health services and by municipal or parish services, within the scope of the operations necessary to carry out epidemiological inquiries, 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 provisions of the preceding paragraph, the member of the Government responsible for the health area, in conjunction with the Government member responsible for the area of 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.

Article 9

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.

SECTION II

Measures applicable to activities, establishments, services, companies or similar

Article 10

Closed facilities and establishments

The facilities and establishments referred to in annex i to the present regime and of which they form an integral part, are closed.

Article 11

Exceptions to the rules on suspension of activities, closure of establishments and opening hours

The following are excluded from the scope of any rules set out in the present regime, which concern matters of suspension of activities, closure of establishments or opening, operating or closing times of establishments, regardless of the municipality in which they are located or their area:

a) Establishments where medical services or other health services are provided, namely hospitals, dental offices 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 and establishments selling non-prescription drugs;

c) Educational, teaching and vocational training establishments;

d) Tourist establishments and local accommodation establishments, as well as establishments that guarantee student accommodation;

e) Establishments that provide funerary and related activities;

f) Service provision activities that include highways, namely service areas and fuel filling stations;

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 the supply or loading of vehicles within the scope of travel permitted under the terms of the present regime ;

h) The establishments providing services for the rental of goods vehicles without drivers (rent-a-cargo) and the rental of passenger vehicles without drivers (rent-a-car);

i) Establishments located inside airports located in mainland Portugal, after checking the security of passengers.

Article 12

Authorizations or suspensions in special cases

The member of the Government responsible for the area of economics may, with the power of delegation, by means of an order:

a) Allow the opening of some facilities or establishments referred to in annex I to the present regime or in articles 38, 43 and 51, as well as the exercise of other activities of retail trade or provision of services that may come to prove essential with the evolution of the conjuncture;

b) Impose the exercise of some of the activities of retail trade or service provision, in case 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 13

Internal administration

The member of the Government responsible for the area of internal administration, with the power to delegate:

a) Determines the closure of road and rail traffic, for reasons of public health, safety or fluidity of traffic or the restriction on the circulation of certain types of vehicles;

b) Establish, together with the member of the Government responsible for the health area, sanitary fences, by means of an assessment of the public health situation;

c) Establish specific measures for the control and inspection of the provisions of the present regime, in conjunction with other governmental areas, when applicable due to the matter.

Article 14

General provisions applicable to establishments or places open to the public

1 – In establishments that maintain their activity under the terms of the present regime, regardless of the municipality in which they are located, the following rules of occupation, permanence and physical distance must be observed:

a) The allocation of spaces accessible to the public must comply with maximum indicative occupancy rules 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 meters 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 having to resort, preferably, 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.

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 – Retail or service establishments must give priority to healthcare 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.

4 – 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.

Article 15

Opening hours

1 – Only establishments that have not closed under the provisions of Decree no. 3-A / 2021 , of January 14, may open to the public before 10:00 am , as well as, under the terms in which they are admitted under under this regime, hairdressing salons, barbers, beauty institutes, restaurants and the like, cafeterias, tea houses and the like and sports facilities.

2 – The activities of retail trade and provision of services in establishments in operation under the terms of the present regime close at 21:00 on working days and at 19:00 on Saturdays, Sundays and holidays.

3 – Restaurants and similar establishments close at 10:30 pm, except for those that are in commercial establishments and do not have an autonomous and independent entrance from the outside, for which, on Saturdays, Sundays and holidays, the provisions apply, in the final part of the previous number.

4 – Outside the periods referred to in the previous number, it is possible to sell out of the establishment through home delivery, directly or through an intermediary, as well as, except in the case of restaurants and similar ones that are in commercial establishments and not have an autonomous and independent entrance from the outside, the provision of packed meals or products at the door of the establishment or at the wicket (take-away).

5 – Cultural facilities whose operation is permitted under the terms of the present regime close at 22:30 h.

6 – In the case of establishments authorized to operate 24 hours a day, they are authorized to reopen after 8:00 am.

7 – The opening hours of retail establishments or the provision of services may be limited or modified by order of the Government member responsible for the area of the economy.

Article 16

Restaurants and the like

1 – The operation of catering establishments and the like for the purposes of consumption within the establishment is only permitted if the following conditions are met:

a) Compliance with the instructions specifically prepared for this purpose by the DGS, as well as the rules and instructions provided for in the present regime;

b) Occupancy, within the establishment, is limited to 50% of the respective capacity, as defined in article 133 of the annex to Decree-Law no. 10/2015, of 16 January, in its current wording, or, alternatively, impermeable physical barriers of separation are used between customers who are face to face and a distance between tables of one and a half meters;

c) The use of prior booking mechanisms, in order to avoid situations of waiting for service in the establishments, as well as in the outer space;

d) Groups of more than six people are not allowed to stay in the interior or to 10 people in open terrace spaces or services, except, in both cases, if they all belong to the same cohabiting household.

2 – For the purposes of paragraph d) of the previous number, open terraces are considered, namely:

a) Those that fall under the concept of open terrace under the terms of Decree-Law no. 48/2011, of April 1, in its current wording, provided that it is outdoors; or

b) Any space in the establishment, as long as it is outside and outdoors.

3 – For the purposes of the previous number, when spaces have a structure or roof, this does not preclude the qualification as an open terrace, as long as those are folded or removed so that the space is not fully covered and allows air to circulate.

4 – The esplanades that do not include the concept of open terrace are subject to the rules of restaurants and similar establishments in the interior.

5 – Within the scope of providing meals, packaged products or drinks at the door of the establishment or at the wicket (take-away), the consumption of meals, products or drinks at the door of the establishment or in its surroundings is prohibited.

6 – In the areas of consumption of food and drinks (food-courts) of the commercial complexes, provision should be made for the organization of the space in order to avoid crowds of people and to respect, with the necessary adaptations, the DGS guidelines for the health sector. restoration, applying the rules provided for in paragraph 1.

7 – The provisions of paragraphs 1 to 5 apply to restaurants and similar establishments integrated in tourist establishments or in local accommodation establishments.

8 – 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 17

Sale and consumption of alcoholic beverages

1 – The sale of alcoholic beverages in service areas or at fuel filling stations is prohibited.

2 – In home deliveries, directly or through an intermediary, as well as in the sale modality through the provision of meals or packaged products at the door of the establishment or at the wicket (take-away), it is not allowed to provide alcoholic drinks from 21 : 00 h and until 06:00 h.

3 – The consumption of alcoholic beverages in outdoor spaces with public access and public roads is prohibited, except for the open terraces of catering establishments and the like duly licensed for the purpose.

4 – In the period after 9:00 pm and until 6:00 am only alcoholic beverages are allowed to be consumed in catering establishments and the like, either inside or on the terraces, within the scope of the meal service.

Article 18

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 19

Private vehicles with capacity for more than five seats

Private vehicles with a capacity greater than five seats can only drive, unless all occupants are part of the same household, with two thirds of their capacity, and the occupants must 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 20

Fairs and markets

1 – The operation of fairs and markets is permitted, with the authorization of the president of the territorial council with jurisdiction, in accordance with the rules set out in the following paragraph.

2 – For each fair or market there must be a contingency plan for the disease COVID-19, made available on the municipality’s website and prepared by the competent municipality or approved by the same, in the case of fairs and markets under the exploitation of private entities .

Article 21

Public services

1 – Public services preferentially maintain face-to-face service by appointment, as well as the continuity and reinforcement of the provision of services through digital media and contact centers with citizens and companies.

2 – For the services covered by this article, the provisions of paragraph 3 of article 14 apply.

3 – Without prejudice to the face-to-face service previously scheduled in the services, the priority service provided for in Decree-Law No. 58/2016 , of 29 August, is carried out without the need for prior appointment.

Article 22

Funerals

1 – The holding of funerals is subject to 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 – The limit established under the terms of the previous number cannot result in the impossibility of being present at the funeral of a spouse or de facto partner, ascendants, descendants, relatives or the like.

SECTION III

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

Article 23

General rules for air traffic and airports

1 – Air traffic to and from mainland Portugal is suspended from all flights, with the exception, without prejudice to the provisions of paragraphs 4 and 6, of flights:

a) From and to countries that are part of the European Union and countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland), without prejudice to the provisions of the following paragraph;

b) To and from countries and special administrative regions whose epidemiological situation is in accordance with Council Recommendation (EU) 2020/912, of 30 June 2020, and respective updates, regarding air connections with Portugal and included in the list to be define in terms of paragraph 4 of article 25, subject to confirmation of reciprocity, or of passengers from those countries even though they make a stopover in countries that are included in the list provided for in paragraph 4 of article 25;

c) To and from countries that are not members of the European Union or that are not countries associated with the Schengen Area, exclusively for essential trips;

d) Intended to allow foreign citizens returning to their respective countries 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.

2 – Notwithstanding the provisions of paragraph a) of the previous number, only essential trips originating in countries belonging to the European Union and European countries associated with the Schengen Area are permitted with an incidence rate equal to or greater than 150 cases per 100 000 inhabitants in the last 14 days, which are on a list to be defined in accordance with Article 25 (4), based on information provided by the European Center for Disease Prevention and Control.

3 – For the purposes of the preceding paragraphs, essential journeys are considered to be those that are carried out for professional, study, family reunion, health or humanitarian reasons.

4 – The provisions of paragraph 1 are without prejudice to flights of a humanitarian nature recognized by the competent services of the member of the Government responsible for the area of foreign affairs and by the competent authorities in matters of civil aviation for the purposes of:

a) Repatriation of nationals, the European Union and countries associated with the Schengen Area, and their families within the meaning of Directive 2004/38 / ECof the European Parliament and of the Council, of 29 April 2004, as well as nationals of third countries with legal residence in national territory, being obliged to comply with the provisions of paragraph 1 of the following article or wait for the connecting flight to the countries of destination at their own location inside the airport;

b) Repatriation of foreign nationals who are in mainland Portugal.

5 – Foreign citizens without legal residence in national territory who make a stopover at a national airport must wait for a connecting flight to the respective countries in their own place inside the airport.

6 – 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 the exclusion of certain countries from the provision contained in the paragraphs a) to c) of paragraph 1.

7 – ANA – Aeroportos de Portugal, SA (ANA, SA), must carry out, at the Portuguese international airports that it manages, infrared body temperature screening for all passengers arriving in mainland Portugal.

8 – 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, must be immediately directed to a space suitable for the repetition of body temperature measurement, and these passengers , if the situation assessment justifies it, be subjected to molecular testing by RT-PCR to screen for SARS-CoV-2 infection.

9 – 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.

Article 24

Air traffic testing rules

1 – Airlines should only allow passengers to board flights with a destination or stopover in mainland Portugal by presenting, at the time of departure, proof of conducting a molecular test by RT-PCR to screen for SARS-CoV- infection. 2 with a negative result, performed within 72 hours prior to departure time.

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 to detect SARS-CoV infection. -2 with a negative result under the terms of the previous number, they must perform the said test on arrival, before entering continental territory, at their own expense, being, for this purpose, forwarded by the competent authorities.

3 – The provisions of the preceding paragraphs are not applicable to children who have not yet reached 24 months of age.

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

5 – The laboratory tests referred to in paragraph 2 are carried out and made available by ANA, SA, through health professionals qualified for this purpose, and this service may be subcontracted.

6 – Passengers referred to in paragraph 2, as well as those who are detected with a body temperature of 38ºC or more and who carry out, for this reason, the molecular test by RT-PCR for screening for SARS infection. -CoV-2, wait in a proper place inside the airport until the notification of the result.

7 – For the purposes of paragraph q) of article 2 of Decree-Law no. 28-B / 2020 , of 26 June, in its current wording, national citizens and foreign citizens with legal residence in Portugal are not considered. national territory and their families 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 placed in Portugal, who embark without the test referred to in paragraph 1 on flights with origin in African countries whose official language is Portuguese and on flights to support the return of national citizens or holders of a residence permit in mainland Portugal or of a humanitarian nature.

Article 25

Air traffic rules on mandatory containment

1 – Passengers on flights originating in countries that make up the list to be defined pursuant to paragraph 4, must comply, after entering mainland Portugal, with a period of prophylactic isolation of 14 days, at home or at a location indicated by the health authorities.

2 – The provisions of the preceding paragraph are also applicable to passengers on flights with initial origin in South Africa, Brazil and India, who have made a stopover or transit through other airports, and to passengers on flights, regardless of origin, who present a passport. with check-out from South Africa, Brazil or India in the 14 days prior to their arrival in Portugal.

3 – Exceptions to the provisions of the preceding paragraphs, passengers must limit their travel to what is essential for the purpose that motivated their entry into national territory:

a) They travel on essential journeys and whose period of stay in national territory, attested by a return ticket, does not exceed 48 hours;

b) Travel on essential trips within the scope of events organized by the Portuguese Presidency of the Council of the European Union, regardless of the period of stay;

c) Move exclusively to the practice of sporting activities integrated in international professional competitions, included in the list to be defined under the terms of the following paragraph, provided that compliance with a set of measures appropriate to the maximum reduction of contagion risks is guaranteed, namely avoiding contacts sports, and compliance with the rules and guidelines defined by the DGS.

4 – The members of the Government responsible for the areas of foreign affairs, national defense, internal administration, health and civil aviation determine, by order, the list of countries referred to in paragraph 1 and the list of competitions sports to which the provisions of paragraph c) of the preceding paragraph apply.

5 – The airlines send, in the shortest possible time, without exceeding 24 hours after their arrival in mainland Portugal, to the health authorities the list of passengers coming from flights, direct or with a stopover, originating in the countries included in the list provided for in the preceding paragraph, with a view to complying with the provisions of paragraph 1 and point b) of paragraph 1 of article 3.

6 – Within the scope of monitoring compliance with the provisions of this article, the Foreigners and Borders Service (SEF) is responsible for verifying the country of origin of the passengers or where they performed the molecular test by RT-PCR, communicating it to the authorities health.

Article 26

Exception to applicable air traffic and airport measures

The provisions of articles 23 to 25 do not apply:

a) State aircraft and the Armed Forces, aircraft that integrate or will integrate the Special Rural Fire Fighting Device, flights for the exclusive transportation of cargo and mail, medical emergency and technical stopovers for non-commercial purposes;

b) Aircraft crew.

Article 27

Measures applicable to land and river borders

1 – Citizens who enter the national territory by land or river, coming from the countries included in the list provided for in paragraph 4 of article 25, must comply with a period of prophylactic isolation of 14 days, at home or in a place indicated by the health authorities.

2 – The provisions of the previous number are still applicable to citizens who, regardless of origin, have left South Africa, Brazil or India, in the 14 days prior to their arrival in Portugal.

3 – For the purposes of this article, mobile controls are instituted for vehicles for the collective transport of passengers, motorhomes and light vehicles, in order to inform citizens of the duties to which they are subject.

4 – The security forces and the SEF shall inspect the provisions of the preceding paragraphs, with the identification data of the citizens covered by this article being transmitted, as soon as possible, to the health authorities for compliance with the provisions of paragraph b). of article 3, citizens are responsible for completing the form on the travel.sef.pt platform.

SECTION IV

Measures applicable to events, structures, establishments or other cultural, sporting, recreational or social activities

Article 28

Events and celebrations

1 – Events and celebrations are permitted under the terms of the following paragraphs.

2 – DGS defines specific guidelines for the following events:

a) Religious ceremonies, including community celebrations;

b) Events of a family nature, including weddings and baptisms, with no crowding exceeding 50% of the space in which they are held;

c) Events of a corporate nature held in spaces suitable for this purpose, namely conference rooms, tourist establishments, venues suitable for holding trade fairs and outdoor spaces, with reduced capacity;

d) Other events, whether held indoors or outdoors, with reduced capacity and in accordance with the specific guidelines of the DGS.

3 – Without prejudice to the previous number, in the absence of guidance from the DGS, except in the cases of subparagraph d) of the previous number, in which the event depends on the existence of specific guidelines from the DGS, the event organizers must observe, with the necessary adaptations, the provisions of paragraphs 1 and 2 of article 14, as well as article 16 regarding the catering spaces in these involved, the participants must wear a mask or a visor in closed spaces.

4 – Public events held outside establishments intended for this purpose must be preceded by a risk assessment, by the local health authorities, to determine the feasibility and conditions for their realization.

5 – The provisions of the preceding paragraphs do not affect the holding of events in digital format or by means of telematic means.

Article 29

Museums, monuments, palaces, archaeological sites and the like

1 – The operation of museums, monuments, palaces, archaeological sites and the like is permitted provided that:

a) Observe the rules and instructions defined by the DGS regarding physical distance, hand and surface hygiene, respiratory etiquette and the rules provided for in this regime;

b) Ensure that each visitor has a minimum area of 20 square meters and a minimum distance of 2 meters for any other person who is not a member of the same household that cohabits;

c) Ensure, whenever possible:

i) The creation of a unique sense of visit;

ii) Limiting access to visits to small spaces;

iii) The elimination or, if it is not possible, the reduction of the crossing of visitors in bottlenecks;

d) Minimize the areas of concentration of visitors with interactive equipment, and, preferably, the equipment that needs or invites the interaction of visitors should be deactivated;

e) Make use, preferably, in the case of group visits, of prior booking mechanisms, in order to avoid situations of waiting to enter the cultural equipment, as well as in the outer space;

f) Place barriers in the ticket office and public service areas.

2 – The admission of visitors must be made freely or by a group of people, depending on the area of said cultural equipment, and the maximum indicative occupation rule of 0.05 people per square meter of area must be ensured.

3 – In the areas of consumption of coffee shops, restaurants and beverages of these cultural facilities, the provisions of the present regime must be respected, as well as the guidelines defined by the DGS for the restaurant sector.

Article 30

Cultural events

1 – It is permitted the operation of theaters, cinematographic and similar films, as well as cultural events held outdoors, provided that:

a) The rules defined in paragraphs 1 and 2 of article 14 are observed, with the necessary adaptations;

b) In theaters or theaters of cinematographic films the capacity is reduced, whenever necessary, observing the following guidelines:

i) Occupied seats must have an interval between spectators belonging to the same household that cohabits, and in the next row the occupied seats must be mismatched;

ii) If there is a stage, a minimum distance of at least two meters is guaranteed between the mouth of the scene and the first row of spectators;

c) In the venues of open-air shows, the capacity of the venue observes the following guidelines:

i) The places are previously identified, observing a physical distance, between spectators, of a meter and a half;

ii) If there is a stage, a minimum distance of at least two meters is guaranteed between the mouth of the scene and the first row of spectators;

d) The service stations are preferably equipped with protection barriers;

e) Priority is given to the advance purchase of tickets by electronic means and payments by contactless means, by bank card or other similar methods;

f) Whenever applicable, ventilation systems are maintained, ensuring that their operation is carried out without the occurrence of air recirculation;

g) Adapt live scenes and shows, whenever possible, in order to minimize physical contact between those involved and maintain the recommended distance;

h) Other rules defined by the DGS are observed.

2 – In the areas of consumption of coffee shops, restaurants and beverages of these cultural facilities, the provisions of the present regime must be respected, as well as the guidelines defined by the DGS for the restaurant sector.

Article 31

Physical and sports activity

1 – The practice of physical and sports activities, in the context of training and in a competitive context, can be carried out without an audience, provided that the guidelines defined by the DGS are complied with.

2 – For the purposes of the present regime, 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 to professional activities senior men and women, those who participate in international championships, the activity of accompanying these athletes in adapted sports, as well as the respective technical and refereeing teams.

Article 32

Measures in the context of residential structures

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 to 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 monitoring 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 centers 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 analyzing 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

Gambling, casinos, bingo or similar establishments

It is allowed the operation of gambling establishments, casinos, bingo or similar, provided that:

a) Observe the guidelines and instructions defined specifically for this purpose by the DGS regarding physical distance, hand and surface hygiene, respiratory etiquette and the rules provided for in this regime;

b) Have a specific protocol for cleaning and sanitizing the playing areas;

c) Do not stay inside the establishments that do not intend to consume or gamble.

Article 34

Personal care and aesthetics

The operation of:

a) Hairdressing salons, barbers, beauty institutes, by appointment;

b) Tattoo and body piercing establishments or studios, by prior appointment;

c) Massage activity in beauty salons, gyms or similar establishments;

d) Spas and spas or similar establishments.

Article 35

Academic activities

It is forbidden, in the academic scope of higher education, to celebrate, as well as recreational or recreational activities.

Article 36

Playgrounds

The operation of playgrounds is allowed, with the authorization of the mayor of the municipality with territorial authority, in compliance with the guidelines defined by the DGS.

CHAPTER III

Special provisions applicable to certain municipalities

Article 37

Prevalence

The provisions of this chapter are special rules as to the municipalities to which it is applicable, prevailing over any contrary or incompatible rule provided for in the present regime.

SECTION I

Measures applicable to level 2 municipalities

Article 38

Closure of facilities and establishments in level 2 municipalities

Without prejudice to the list in annex i to the present regime, the following facilities and establishments are closed:

a) Circuses;

b) Amusement parks and recreational and similar parks for children;

c) Any places for leisure sports, except for sports allowed under the terms of article 42;

d) Other places or facilities similar to the previous ones;

e) Bullfighting squares, places and installations;

f) The following sports facilities, except for sports allowed under the terms of article 42 and DGS guidelines:

i) Rugby courts and the like;

ii) Pavilions or closed spaces;

iii) Boxing rings, martial arts and the like;

iv) Multisport pavilions;

v) Stadiums;

g) Casinos;

h) Establishments of games of chance, such as bingo or similar;

i) Restaurants and the like, cafeterias, tea houses and the like, however, they can operate under the terms of articles 17 and 40;

j) Spas and spas or similar establishments.

Article 39

Timetable in level 2 municipalities

1 – Only establishments that have not closed under the provisions of Decree no. 3-A / 2021 , of January 14, may open to the public before 10:00 am , as well as, under the terms in which they are admitted under of this chapter, hairdressing salons, barbers, beauty institutes, restaurants and the like, cafeterias, tea houses and the like and sports facilities.

2 – Without prejudice to the provisions of the following paragraphs, the activities of non-food retail trade and the provision of services in establishments operating under the terms of this chapter close at 21:00 on working days and at 13:00 on Saturdays , Sundays and holidays.

3 – Food retail activities close at 21:00 on weekdays and at 19:00 on Saturdays, Sundays and holidays.

4 – Catering establishments and the like close, for the purpose of serving meals at the establishment, at 10:30 pm on weekdays and at 1:00 pm on Saturdays, Sundays and holidays.

5 – To the catering establishments and the like integrated in tourist establishments or in local accommodation establishments, the schedules referred to in the previous number apply, without prejudice to the possibility of delivery outside the guest rooms (room service) or the consumption outside the establishment through home delivery, directly or through an intermediary, as well as for the provision of meals or packaged products at the door of the establishment or at the wicket (take-away).

6 – Cultural facilities, namely museums, monuments, palaces, archaeological sites and the like, whose operation is permitted in these municipalities close at 22:30 on weekdays and at 13:00 on Saturdays, Sundays and holidays.

7 – In the case of establishments authorized to operate 24 hours a day, they are authorized to reopen after 8:00 am.

8 – The opening hours of retail establishments or the provision of services may be limited or modified by order of the member of the Government responsible for the area of the economy.

Article 40

Restoration and the like in tier 2 municipalities

1 – Catering establishments and the like, regardless of the area of sale or provision of services, may operate for the purpose of cooking activity intended for consumption outside the establishment through home delivery, directly or through an intermediary, as well as for the provision of meals or products packaged at the door of the establishment or at the wicket (take-away).

2 – The operation of catering establishments and the like is also permitted if the following conditions are met:

a) Compliance with the instructions specifically prepared for this purpose by the DGS, as well as with the rules and instructions provided for in the present regime;

b) Groups of more than four people are not allowed to stay in the interior or to six people in open terrace spaces or services, except, in both cases, if they all belong to the same cohabiting household;

c) Compliance with the schedules referred to in paragraph 4 of the previous article;

d) The use of prior booking mechanisms, in order to avoid waiting situations for assistance in the outer space.

3 – For the purposes of paragraph b) of the previous number, open terraces are considered, namely:

a) Those that fall under the concept of open terrace under the terms of Decree-Law no. 48/2011, of April 1, in its current wording, provided that it is outdoors; or

b) Any space in the establishment, as long as it is outside and outdoors.

4 – For the purposes of the previous number, when spaces have a structure or roof, this does not preclude the qualification as an open terrace, as long as those are folded or removed so that the space is not fully covered and allows air circulation.

5 – The esplanades that do not include the concept of open terrace are subject to the rules of restaurants and similar establishments in the interior.

6 – Within the scope of providing meals, packaged products or drinks at the door of the establishment or at the wicket (take-away), the consumption of meals, products or drinks at the door of the establishment or in its surroundings is prohibited.

7 – In the areas of consumption of food and drinks (food-courts) of commercial complexes, provision should be made for the organization of the space in order to avoid crowds of people and to respect, with due adaptations, the DGS guidelines for the restoration, applying the rules provided for in paragraph 2.

8 – The provisions of paragraphs 1 to 6 apply to restaurants and similar establishments integrated in tourist establishments or in local accommodation establishments.

9 – Catering establishments and the like that intend to maintain their respective activity, wholly 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 do not form part of the object of the respective employment contracts.

Article 41

Events in level 2 municipalities

1 – Celebrations and other indoor events are prohibited, without prejudice to the provisions of the following paragraph.

2 – DGS defines specific guidelines for the following events:

a) Religious ceremonies, including community celebrations;

b) Events of a family nature, including weddings and baptisms, with no crowding exceeding 25% of the space in which they are held;

c) Outdoor events with reduced capacity;

d) Events of a corporate nature held in spaces suitable for this purpose, namely conference rooms, tourist establishments, venues suitable for holding trade fairs and outdoor spaces, with reduced capacity.

3 – In the absence of guidance from the DGS, event organizers must observe, with the necessary adaptations, the provisions of paragraphs 1 and 2 of article 14, as well as in article 16 regarding the catering spaces in these involved , and participants must wear a mask or visor in closed spaces.

5 – 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.

6 – The provisions of the preceding paragraphs do not affect the holding of events in digital format or by means of telematic means.

Article 42

Physical and sports activity in level 2 municipalities

1 – It is permitted, provided that in compliance with the specific guidelines of the DGS:

a) The practice of all professional and equivalent training and competitive activities, as long as there is no public;

b) The practice of all training and competitive activities, provided that there is no public, of low and medium risk sports described in the relevant DGS guidelines;

c) The practice of physical activity outdoors, in groups of up to six people;

d) The practice of physical and sports activities in gyms and gyms, being prohibited the accomplishment of group classes and sports modalities that are not of low or medium risk according to the guidelines of the DGS.

2 – For the purposes of this article, 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 the modalities of the echelon groups are equated to professional activities. senior men and women, those who participate in international championships, the activity of accompanying these athletes in adapted sports, as well as the respective technical and refereeing teams.

SECTION II

Measures applicable to level 3 municipalities

Article 43

Closure and suspension of activities and establishments in level 3 municipalities

1 – Without prejudice to the list in annex i to the present regime, the following facilities and establishments are closed:

a) Circuses;

b) Amusement parks and recreational and similar parks for children;

c) Any places intended for leisure sports, except for sports allowed under the terms of article 47;

d) Other places or facilities similar to the previous ones;

e) Auditoriums, theaters and equivalent spaces;

f) Bullfighting squares, places and installations;

g) Congress pavilions, multipurpose rooms, conference rooms and multi-purpose pavilions;

h) The following sports facilities, except for sports allowed under the terms of article 47 and DGS guidelines:

i) Football, rugby and similar fields;

ii) Pavilions or closed spaces;

iii) Futsal, basketball, handball, volleyball, roller hockey and similar pavilions;

iv) Skating rinks, ice hockey and the like;

v) Boxing rings, martial arts and the like;

vi) Multisport pavilions;

vii) Stadiums;

i) Casinos;

j) Establishments of games of chance, such as bingo or similar;

k) Restaurants and the like, cafeterias, tea houses and the like, however, they can operate under the terms of articles 17 and 45;

l) Hotel bars and restaurants, except for delivery to guests’ rooms (room service) or for consumption outside the establishment through home delivery, directly or through an intermediary, as well as for the provision of meals or packaged products at the establishment’s door or to the wicket (take-away), under the terms of articles 17 and 45, with the necessary adaptations;

m) Closed terraces;

n) Areas of consumption of food and beverages (food-courts) of commercial complexes, without prejudice to the provisions of paragraph 6 of article 45;

o) Spa and spas or similar establishments.

2 – Activities in retail establishments and the provision of services are suspended, as well as those found in commercial establishments, unless they have a sales area or provision of services equal to or less than 200 square meters and an autonomous entrance. and independent from abroad.

3 – Exceptions to the provisions of the preceding paragraph are activities 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 Decree no. 6/2021 , of April 3, in its current wording, without prejudice to the provisions of article 12.

4 – The suspension determined pursuant to paragraph 2 does not apply equally:

a) Wholesale trade establishments;

b) Establishments that intend to maintain their activity exclusively for the purpose of home delivery or provision of goods at the door of the establishment, the wicket or through a service for the collection of products previously purchased through means of remote communication (click and collect) , provided they have an autonomous and independent entrance from the outside.

5 – In the cases provided for in paragraph b) of the preceding paragraph, access to the interior of the establishment by the public is prohibited.

Article 44

Timetable in level 3 municipalities

1 – Only establishments that have not closed under the provisions of Decree no. 3-A / 2021 , of January 14, may open to the public before 10:00 am , as well as, under the terms in which they are admitted under of this chapter, hairdressing salons, barbers, beauty institutes, restaurants and the like, cafeterias, tea houses and the like and sports facilities.

3 – Food retail activities close at 21:00 on weekdays and at 19:00 on Saturdays, Sundays and holidays.

4 – Catering establishments and the like close, for the purpose of serving meals on open terraces, at 10:30 pm on weekdays and at 1:00 pm on Saturdays, Sundays and holidays.

6 – Cultural facilities, namely museums, monuments, palaces, archaeological sites and the like, whose operation is permitted under the terms of this chapter, close at 10:30 pm on weekdays and at 1:00 pm on Saturdays, Sundays and holidays.

7 – In the case of establishments authorized to operate 24 hours a day, they are authorized to reopen after 8:00 am.

Article 45

Restoration and the like in level 3 municipalities

2 – The operation of catering establishments and the like is also permitted if the following conditions are met:

a) Compliance with the instructions specifically prepared for this purpose by the DGS, as well as with the rules and instructions provided for in the present regime;

b) Only open spaces or terrace services are occupied, and permanence within the establishment is prohibited;

c) Groups of more than four people are not allowed to stay, unless they all belong to the same cohabiting household;

d) Compliance with the schedules referred to in paragraph 4 of the previous article;

e) The use of advance booking mechanisms, in order to avoid waiting situations for assistance in the outer space.

3 – For the purposes of paragraph b) of the previous number, open terraces are considered, namely:

a) Those that fall under the concept of open terrace under the terms of Decree-Law no. 48/2011, of April 1, in its current wording, provided that it is outdoors; or

b) Any space in the establishment, as long as it is outside and outdoors.

6 – Without prejudice to the following number, restaurants located in commercial establishments operate exclusively for the purpose of cooking activities intended for consumption outside the establishment through home delivery, directly or through an intermediary, and the provision of meals or products at the door is prohibited. of the establishment or to the wicket (take-away).

7 – Notwithstanding the provisions of the preceding paragraph, restaurants and similar establishments located in commercial complexes:

a) They can operate under the terms of paragraph 1 if they have an autonomous and independent entrance from the outside;

b) They can operate under the terms of no. 2 if they have an autonomous and independent entrance from the outside and an open terrace that is for the exclusive use of the customers of that establishment.

8 – 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 do not form part of the object of the respective employment contracts.

Article 46

Public services in level 3 municipalities

1 – Citizen stores remain closed, with on-site customer service by appointment, at the branch network of the different public services, as well as the provision of these services through digital media and contact centers with citizens and companies.

2 – The operation of public services considered essential can be determined, in terms different from that provided for in the previous paragraph, to be defined by order of the Government members responsible for the area of the service in question and for the area of Public Administration.

3 – 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 , in its current wording, determine:

a) The definition of guidelines related to 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, especially the citizen spaces, and the regime for the provision of work in the local administration;

d) Centralization and coordination of information regarding the functioning and communication of public attendance services;

e) 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.

4 – 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 47

Physical and sports activity in level 3 municipalities

1 – It is permitted, provided that in compliance with the specific guidelines of the DGS:

a) The practice of all professional and equivalent training and competitive activities, as long as there is no public;

b) The practice of all training and competitive activities, provided that there is no public, of low-risk sports described in the relevant DGS guidelines;

c) The practice of physical activity outdoors, in groups of up to four people;

d) The practice of physical and sports activities in gyms and gyms, being prohibited the accomplishment of group classes and sports modalities that are not of low risk according to the guidelines of the DGS.

Article 48

Events in level 3 municipalities

1 – It is forbidden to hold celebrations and other events, with the exception of religious ceremonies, including community celebrations.

2 – 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.

SECTION III

Measures applicable to level 4 municipalities

Article 49

Limitation on traffic in level 4 municipalities

In level 4 municipalities, daily circulation outside the municipality of the domicile is prohibited, without prejudice to the exceptions provided for in article 11 of Decree No. 9/2020 , of 21 November, which are applicable with the necessary adaptations.

Article 50

Special measures applicable to the parishes of São Teotónio and Longueira / Almograve

In the parishes of São Teotónio and Longueira / Almograve, in the municipality of Odemira, the following special measures apply:

a) A sanitary fence is fixed, and travel by road to and from the parishes of São Teotónio and Longueira / Almograve is prohibited, except those:

i) that occur between both parishes;

ii) Health and veterinary medicine professionals, members of the armed forces, security forces and services, rescue services and private security companies;

iii) Return to the place of habitual residence;

iv) For the purpose of access to educational and teaching establishments;

v) For the supply of trade and food, pharmaceutical, fuel and other essential goods, as well as the transport of goods necessary for the operation of companies in operation;

vi) To transport agricultural products produced in those parishes;

vii) For the supply of ATMs;

viii) For the repair and maintenance of communications, sewage, water, electricity, gas and other infrastructures whose characteristics and urgent nature cannot be postponed;

ix) Justified on grounds of urgency, duly substantiated, or cases of force majeure or public health;

b) The movement and permanence of people on the public road is prohibited, except for necessary and urgent trips, namely for:

i) Sale and purchase of food, hygiene or pharmaceutical goods, as well as others transacted in establishments that are operating in these parishes under the present regime;

ii) Access to health care units;

iii) Access to the workplace, located in the parishes;

iv) Assistance and care for the elderly, minors, dependents and especially vulnerable people.

Article 51

Closure and suspension of activities and establishments in level 4 municipalities

1 – Without prejudice to those listed in annex I to the present regime, the following facilities and establishments are closed:

a) Circuses;

b) Amusement parks and recreational and similar parks for children;

c) Water parks, without prejudice to workers’ access for the purpose of caring for animals;

d) Any places intended for leisure sports, except for sports allowed under the terms of article 55;

e) Other places or facilities similar to the previous ones;

f) Auditoriums, theaters and equivalent spaces;

g) Museums, monuments, palaces and archaeological or similar sites (interpretive centers, caves, etc.), national, regional and municipal, public or private, without prejudice to the access of workers for the purposes of conservation and security;

h) Bullfighting squares, places and installations;

i) Art galleries and exhibition rooms;

j) Congress pavilions, multi-purpose rooms, conference rooms and multi-purpose pavilions;

k) The following sports facilities, except for sports allowed under the terms of article 55 and DGS guidelines:

i) Football, rugby and similar fields;

ii) Pavilions or closed spaces;

iii) Futsal, basketball, handball, volleyball, roller hockey and similar pavilions;

iv) Firing ranges;

v) Tennis courts, padel courts and the like;

vi) Skating rinks, ice hockey and the like;

vii) Swimming pools;

viii) Boxing rings, martial arts and the like;

ix) Permanent circuits for motorcycles, automobiles and the like;

x) Velodromes;

xi) Racecourses and similar tracks;

xii) Multi-sports pavilions;

xiii) Gyms and gyms;

xiv) Athletics tracks;

xv) Stadiums;

xvi) Golf courses;

l) Cycling, motorcycling, motoring and similar routes, except for professional and similar sports;

m) Casinos;

n) Establishments of games of chance, such as bingo or similar;

o) Restaurants and the like, cafeterias, tea houses and the like, however, they can operate under the terms of articles 17 and 53;

p) 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 17 and 53; with the necessary adaptations;

q) Terraces;

r) Areas of consumption of food and beverages (food-courts) of commercial complexes, without prejudice to the provisions of paragraph 3 of article 53;

s) Thermal baths and spas or similar establishments.

2 – 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 of Decree no. 4/2021 , of 13 March, without prejudice to the provisions of article 12.

3 – The suspension determined pursuant to the preceding paragraph does not apply:

a) Wholesale trade establishments;

4 – In the cases provided for in paragraph b) of the preceding paragraph, access to the interior of the establishment by the public is prohibited.

5 – The provisions of subparagraph b) of paragraph 3 and the following paragraph do not prejudice the application of the provisions of article 53, which constitutes a special rule.

6 – Without prejudice to the provisions of the following paragraph, the activities of non-food retail trade and the provision of services in establishments in operation under the terms of paragraph 1 close at 21:00 on working days and at 13: 00 h on Saturdays, Sundays and holidays.

7 – Food retail trade activities close at 9:00 pm on weekdays and at 7:00 pm on Saturdays, Sundays and holidays.

Article 52

Fairs and markets in level 4 municipalities

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 paragraphs.

Article 53

Restaurants and the like in level 4 municipalities

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 as an intermediary, as well as for the provision of packed meals or products at the establishment’s door or at the wicket (take-away).

2 – In the context of providing meals, packaged products or drinks at the door of the establishment or at the wicket (take-away), the consumption of meals, products or drinks at the door of the establishment or in its surroundings is prohibited.

3 – 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, with the provision of meals or products at the door of the establishment or at the wicket being prohibited ( take-away).

4 – 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 do not form part of the object of the respective employment contracts.

Article 54

Public services in level 4 municipalities

a) The definition of guidelines related to the constitution and maintenance of mobility situations;

c) The articulation with the municipalities with regard to local public services, especially the citizen spaces, and the regime for the provision of work in the local administration;

d) Centralization and coordination of information regarding the functioning and communication of public attendance services;

e) 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.

4 – 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 55

Physical and sports activity in level 4 municipalities

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 the DGS guidelines.

Article 56

Events in level 4 municipalities

1 – It is forbidden to hold celebrations and other events, with the exception of religious ceremonies, including community celebrations.

ANNEX I

[referred to in subparagraph a) of paragraph 3 and paragraph 7 of this resolution and articles 10, paragraph a) of article 12, article 38, paragraph 43 (1) and 51 (1) of the regime attached to this resolution]

1 – Recreational, leisure and fun activities:

Discotheques, bars and dance or party halls;

Amusement parks, recreational parks and the like, without prejudice to the provisions of article 36;

Water parks, without prejudice to workers access for the purpose of caring for animals;

Other locations or facilities similar to the previous ones.

2 – Activities in open spaces, spaces and public roads, or spaces and private roads similar to public roads:

Nautical events and exhibitions;

Aeronautical tests and exhibitions;

Parades and popular festivals or folkloric or other manifestations of any nature.

3 – Gaming and betting spaces:

Amusement equipment and the like;

Game rooms and recreational rooms.

4 – Catering activities:

Bars and the like.

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Resolution of the Council of Ministers 45-C/2021 Declaring Situation of Calamity | Safe Communities Portugal