Resolution of the Council of Ministers No. 114-A/2021

Summary: States the contingency situation in the context of the COVID-19 disease pandemic.

Through Council of Ministers Resolution No. 101-A/2021 , of 30 July, the Government determined the application of extraordinary measures with a view to mitigating the transmission of the SARS-CoV-2 virus and the COVID-19 disease.

In that resolution – which also declared, following the epidemiological situation of COVID-19, until 23:59 h on August 31, 2021, the situation of calamity throughout the continental national territory – was provided for, in its articles 34. º and following, guidelines on the progress of lifting restrictive measures, which would take into account, among other factors and indicators, the percentage levels of the population with complete vaccination.

In this context, two levels were defined (70% and 85% of the population with complete vaccination), which, together with the indicators related to risk assessment and monitoring of the COVID-19 disease pandemic, defined by Order no. 7577 -A/2021, published in the Diário da República, 2nd series, No. 147, of July 30, 2021, would enable, if the epidemiological situation so allowed, the alteration of some measures in a less restrictive sense.

Now, having reached, on August 18, 2021, the level of 70% of the population with complete vaccination, the Government is following up on the possibility provided for in Resolution of the Council of Ministers No. 101-A/2021 , of 30 of July, being amended, by this resolution, some rules currently in force.

First, the situation declared for the purposes of the Basic Civil Protection Law , approved by Law No. 27/2006 , of July 3, in its current wording, becomes that of a contingency situation, which is declared for the entire continental national territory.

Additionally, the measures provided for in article 35 of the Resolution of the Council of Ministers n.º 101-A/2021 of 30 July are adopted , with the maximum occupancy of publicly accessible spaces corresponding to 0.08 people per meter area square.

On the other hand, the limits on the number of people per group that can stay in restaurants and similar establishments now correspond to 8 people inside and 15 people in the spaces or services of open terraces, respectively.

The capacity limit for family events, including weddings and baptisms, as well as the capacity limit for cultural events in venues of a fixed nature, is now 75% of the capacity of the space in which they are held.

Citizen’s stores start providing face-to-face service without the need for prior appointment, although this rule only takes effect from September 1, 2021.

Finally, there is no longer a capacity limit in collective passenger transport – land, river and sea transport – it is now possible for passengers to use the front seats in taxi transport and in the individual and paid transport of passengers in uncharacterized vehicles from electronic platform.

Thus:

Pursuant to article 12 of Decree-Law no. 54-A/2021 , of 25 June, articles 12 and 13 of Decree-Law no. 10-A/2020 , of 13th of 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 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 of paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:

1 – Declare, following the epidemiological situation of COVID-19, by 11:59 pm on September 30, 2021, the contingency situation throughout the continental 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) Limiting or conditioning the access, circulation or permanence of people in spaces frequented by the public, as well as the dispersion of concentrations greater than 15 people, unless they 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.

3 – To 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:

a) The closure of establishments and the cessation of activities provided for in article 12 of the regime attached to this resolution;

b) The commission and participation for the crime of disobedience, under the terms and for the purposes of subparagraph b) of paragraph 1 of article 348 of the Penal Code, approved by Decree-Law No. 48/95 , of 15 of 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 articles 12, 13, 15, 16 and 18 of the regime attached to this resolution, and also of mandatory confinement by those who are subject to it under the terms of article 3 of the said regime;

c) Advising on the non-concentration of people on public roads and the dispersion of concentrations greater than 15 people, unless they all belong to the same cohabiting household.

4 – Determine the creation of a structure for monitoring the contingency situation, coordinated by the member of Government responsible for the area of ​​internal administration, with the power of delegation, composed of representatives of the governing 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 contingency situation, the activation of territorially competent political coordination structures.l

6 – 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 public notice system by ANEPC.

7 – Recommend to parish councils, within the framework of ensuring compliance with the provisions of the regime attached to this resolution, the signalling, with the security forces and services, the municipal police and the ASAE, of the establishments to be closed, to ensure the cessation of activities provided for in article 12 of the regime attached to this resolution.

8 – To determine that, for the purposes of the provisions of subparagraph b) of paragraph 3, the health authorities communicate to the forces and security services of the place of residence the application of mandatory confinement measures for patients with COVID-19, to infected with SARS-CoV-2 and to close contacts under active surveillance.

9 – 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.

10 – Reinforce that, during the period of validity of the contingency 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 contingency statement.

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

12 – 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.

13 – Reinforce that disobedience and resistance to the legitimate orders of the competent authorities, when practiced during the term of the contingency 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.

14 – 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 national territory, being recommended, throughout the same territory, the adoption of the telework regime whenever the functions in question allow it.

15 – To determine that the publication of this resolution constitutes, for all legal purposes, sufficient coercion, namely to fill in the type of crime of disobedience.

16 – To revoke the Resolution of the Council of Ministers n.º 101-A/2021 , of 30 July, keeping however in force, until the 31st of August, 2021, paragraph 2 of article 24. of the annex to that resolution.

17 – To determine that this resolution enters into force on August 23, 2021, with the exception of the provisions of paragraph 1 of article 24 of the regime attached to this resolution with regard to face-to-face service without the need for appointments preview in citizen stores, which only takes effect from September 1, 2021.

Presidency of the Council of Ministers, August 20, 2021. – By the Prime Minister, Mariana Guimarães Vieira da Silva, Minister of State and of the Presidency.

ATTACHMENT

Regime of the contingency situation referred to in paragraph 2, subparagraphs a) and b) of paragraph 3 and paragraphs 7, 13 and 17 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 scope of the contingency 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

Use of masks or visors

1 – The use of masks or visors is mandatory for access or permanence in workplaces that maintain the respective activity under the terms of this regime whenever the physical distance recommended by the health authorities proves impractical.

2- The obligation provided for in the preceding paragraph is not applicable to workers when they are providing their work in an office, room or equivalent that has no other occupants or when impermeable physical barriers of separation and protection between workers are used.

3 – 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 5

Body temperature control

1 – In cases where the respective activity is maintained under the terms of this regime, body temperature measurements may be carried out by non-invasive means, in the control of access to the workplace, public services or institutions, educational establishments, teaching and professional training, commercial, cultural or sporting spaces, means of transport, health establishments, 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, being expressly prohibited the recording of body temperature associated with the identity of the person, except with the express authorization of the same.

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 record the measurements made, 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 6

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, users and visitors to 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;

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

iii) Employees of the Prison Guard Corps and other employees 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) Employees of the Prison Guard Corps, whenever, 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;

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

e) Workers who perform functions in public services;

f) Workers assigned to farms and the construction sector;

g) Workers who, regardless of employment relationship, modality or nature of the legal relationship, work in workplaces with 150 or more workers.

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

3 – Anyone wishing to attend or participate in cultural, sporting, corporate or family events, including weddings and christenings, must also be subject to SARS-CoV-2 diagnostic tests, in accordance with the rules and guidelines of the DGS , whenever the number of participants exceeds that defined by the DGS for the purposes of testing participants in events, the event organizers must request and verify compliance with the provisions of this provision.

4 – Access to the places mentioned in the previous number may be prevented whenever:

a) The EU COVID Digital Certificate is not presented;

b) There is a refusal to perform the test;

c) No proof of negative result of a laboratory test is presented for screening the SARS-CoV-2, carried out in accordance with the specific guidelines of the DGS;

d) If there is a positive result in the test performed.

5 – The performance of SARS-CoV-2 diagnostic tests referred to in paragraph 1 is determined by the head of the respective establishment or service, except:

a) In the case of items d) and e), which is, respectively, by order of the General Director of Reinsertion and Prison Services or, when applicable, by initiative of the managing entity of each Citizen’s Shop, under the determined terms by DGS guidance;

b) In the cases of subparagraphs f) and g), in which it is determined by the health authority.

6 – The responsibility for carrying out diagnostic tests for SARS-CoV-2, as well as for the respective charges, are, in the case of those referred to in subparagraphs f) and g) of paragraph 1, of the user or final beneficiary company of the services provided and, in the case of those referred to in paragraph 3, the participant in the event or the person interested in accessing the places referred to there, as applicable, without prejudice to the provisions of the final part of that paragraph.

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

8 – The provisions of this article do not affect the right to the protection of personal data, the registration or retention 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.

9 – The presentation of the EU COVID Digital Certificate dispenses with the presentation of proof of a test for screening for SARS-CoV-2 infection provided for in paragraphs 3 and 4.

Article 7

Exceptions to testing rules

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

Article 8

Certificate or test for access to establishments

1 – For the purposes of this regime, in matters of certificate or test, it is accepted:

a) The presentation of the EU COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June, being equivalent to the presentation of a test with a negative result;

b) In terms of testing:

i) The laboratory performance of the nucleic acid amplification test (TAAN) within 72 hours prior to its presentation;

ii) The performance of a rapid antigen test (TRAg), verified by a certified entity, within 48 hours prior to its presentation;

iii) Carrying out a rapid antigen test (TRAg), in the form of a self-test, in the 24 hours prior to its presentation, in the presence of a health professional or pharmaceutical area who certifies that it has been carried out and the respective result;

iv) Carrying out the rapid antigen test (TRAg), in the form of self-test, at the moment, at the door of the establishment or the space whose frequency is intended, with the supervision of those responsible for them.

2 – The provisions of this article are without prejudice to the right to the protection of personal data, the registration or retention 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.

Article 9

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 performed by services and establishments integrated in the National Health Service (SNS);

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 protective 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 10

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

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

Article 11

General provisions applicable to establishments or places open to the public

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

2 – In establishments that maintain the respective activity under the terms of this regime, the following rules of occupation, permanence and physical distance must also be observed:

a) The allocation of spaces accessible to the public must observe the indicative maximum occupancy rules of 0.08 people per square meter of area, with the exception of establishments providing services;

b) The adoption of measures that ensure a minimum distance of 2 m between people, unless special provision or guidance from the DGS in a different direction;

c) The guarantee that people remain inside the space only for the time strictly necessary;

d) The prohibition of waiting situations for attendance within establishments providing services, with economic operators preferentially resorting to advance booking mechanisms;

e) The definition, whenever possible, of specific entry and exit circuits in establishments and facilities, using separate doors;

f) Compliance with other rules defined by the DGS.

3 – For the purposes of paragraph a) of the previous number:

a) «Area» is understood to be the area intended for the public, including areas for collective use or circulation, with the exception of areas reserved for parking vehicles;

b) The estimated maximum occupancy limits per person do not include employees and service providers who are working in the spaces in question.

4 – Retail trade establishments or establishments providing services must give priority to health professionals, elements of the security forces and services and criminal police, protection and relief agencies, personnel of the Armed Forces and provision of services 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.

5 – Retail trade establishments or establishments providing services 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 12

Closed facilities, establishments and equipment

The following facilities, establishments, equipment or activities are closed or suspended:

a) Discos, bars and dance or party halls or other similar places or facilities;

b) Parades and popular festivities or folkloric or other manifestations of any nature.

Article 13

Schedules

1 – Food and non-food retail trade activities operate in accordance with the respective licensing schedule.

2 – The other establishments or equipment that provide services and are open to the public, namely catering establishments and similar or cultural and sports facilities, operate according to the respective licensing schedule, with the limit of 02:00 h, remaining excluded public access for new admissions from 01:00 h.

3 – In the case of establishments authorized to operate 24 hours a day, they are authorized to reopen from 08:00 h.

4 – The opening hours of retail trade 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 14

Exceptions to timetable rules

The following are excluded from the scope of application of any rules set forth in this regime that focus on closing times:

a) Establishments where medical services or other health services are provided, namely hospitals, offices and clinics, dental clinics and emergency medical and veterinary care centers, and social support services, as well as the support services integrated in these locations;

b) Pharmacies and non-prescription drug sales establishments;

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

d) Establishments providing funeral and related activities;

e) The activities of providing services that include motorways, namely service areas and fuel filling stations;

f) Fuel filling stations not covered by the preceding paragraph, as well as charging stations for electric vehicles, exclusively in relation to the sale of fuel to the public and the refueling or charging of vehicles;

g) Establishments providing services for the rental of goods vehicles without a driver (rent-a-cargo) and for the rental of passenger vehicles without a driver (rent-a-car);

h) Establishments located inside airports located in mainland national territory, after the security control of passengers.

Article 15

Tourist or local accommodation establishments

1 – Access to tourist establishments or local accommodation establishments, regardless of the day of the week or time, depends on the presentation, by customers, at check-in, of the EU COVID Digital Certificate admitted under the terms of the Decree-Law No. 54-A/2021 , of 25 June, or a test with a negative result, carried out pursuant to article 8

2-the requirement to present a test with a negative result under the terms of the preceding paragraph is waived to workers of spaces or establishments as well as any suppliers or service providers that enable the operation of the same, except, in both cases, if the respective testing is required under other standards.

3-Without prejudice to the following paragraph, catering establishments and similar integrated in tourist establishments or local accommodation establishments shall apply the provisions of paragraphs 1 to 7 of the following article.

4-the provisions of the preceding paragraph, in the part concerning the testing referred to in paragraph 3 of the following article, does not apply to guests of that tourist establishment or local accommodation who have already complied with the provisions of paragraph 1.

5 – This article is a special rule and prevails over the previous article.

Article 16

Restaurants and similar

1 – Restaurants and similar establishments, regardless of the area of ​​sale or provision of services, may operate for the purpose of confectioning activity intended 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 door of the establishment or at the window (take-away), being exempt from a license for confection intended for consumption outside the establishment or home delivery and may determine its workers, provided that with their consent, to participate in the said activities, even if they are not part of the object of the respective employment contracts.

2 – The operation of restaurant and similar establishments is also allowed 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 this regime;

b) The permanence of groups of more than eight people inside or 15 people in the spaces or services of open terraces is not allowed, except, in both cases, if they all belong to the same cohabiting household;

c) Compliance with the schedules referred to in paragraph 2 of article 13;

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

3 – On Saturdays, Sundays and holidays, as well as on Fridays from 19:00 h, the operation of restaurant establishments under the preceding paragraph, for the purpose of serving meals inside the establishment, is only allowed for customers who present the EU’s COVID Digital Certificate admitted under the terms of Decree-Law no. 54-A/2021 , of 25 June, or who have a test with a negative result, carried out under the terms of article 8

4 – The requirement to present a test with a negative result under the terms of the previous number is waived:

a) For the permanence of citizens on open terraces, whose operation is allowed, within the hours provided for in paragraph 2 of article 13, regardless of the performance of a test, as well as for the mere entry of these citizens into the establishment for purposes access to common services, including access to sanitary facilities and payment systems;

b) To workers of spaces or establishments, as well as to any suppliers or service providers that enable the operation of the same, except, in both cases, if the respective testing is required under other rules.

5 – For the purposes of paragraph 2 and subparagraph a) of the preceding paragraph, open terraces are considered, namely:

a) Those that fall within the concept of open esplanade under the terms of Decree-Law No. 48/2011 , of April 1, in its current wording, provided they are outdoors; or

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

6 – For the purposes of the preceding paragraph, when spaces have a structure or coverage, this does not preclude qualification as an open esplanade, provided that they are folded down or removed so that the space is not fully covered and allows air circulation.

7 – For terraces that do not integrate the concept of open terrace, the rules for catering establishments and similar indoors apply.

8 – In the areas of consumption of food and beverages (food courts) of commercial complexes, the organization of the space must be foreseen in order to avoid crowding of people and to respect, with the necessary adaptations, the guidelines of the DGS for the sector of restoration, applying the rules provided for in paragraphs 2 to 4.

Article 17

Bars and other drinking establishments

Without prejudice to the provisions of paragraph a) of article 12, bars or other non-spectacle drink establishments may operate subject to the rules established in this resolution for the catering sector and similar, without the need to change the respective activity classification economic, provided that:

a) Observe the rules and guidelines in force and those specifically elaborated by the DGS for these establishments;

b) Spaces intended for dancing or similar are not used for this purpose and must remain unusable or, alternatively, be occupied with tables intended for customers.

Article 18

Other rules for access to facilities, establishments and equipment

Access to gambling establishments, casinos, bingos or similar and to spas, spas or similar establishments, the provisions of paragraphs 1 and 2 of article 15 apply, with the necessary adaptations.

Article 19

Sale and consumption of alcoholic beverages

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

2 – The consumption of alcoholic beverages in open-air spaces with public access and public roads is prohibited, with the exception of the open terraces of restaurants and similar establishments duly licensed for this purpose.

Article 20

Authorizations or suspensions in special cases

The Government member responsible for the area of ​​the economy may, with the power of delegation, by order:

a) Impose the exercise of some of the activities of retail trade or provision of services, if it proves to be essential to ensure the regular supply of essential goods to the population;

b) To limit or suspend the exercise of retail trade activities or the provision of services, if the respective exercise proves to be unnecessary or undesirable in the context of combating the contagion and spread of the virus.

Article 21

Internal administration

The Government member responsible for the area of ​​internal administration, with the power to delegate, establishes specific measures for the control and inspection of the provisions of this regime, in conjunction with other areas of government, when applicable due to the matter.

CHAPTER IV

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

Article 22

Events

1 – Events and celebrations may be held in accordance with the provisions of the following numbers and up to the time limit referred to in paragraph 2 of article 13

2 – The DGS defines the specific guidelines for the following events:

a) Religious ceremonies, including community celebrations;

b) Events of a family nature, including weddings and baptisms, with an agglomeration of people not allowed for more than 75% of the space in which they are held;

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

d) Cultural events in show venues of a fixed nature, with a capacity limit corresponding to 75% of the space in which they are held;

e) Other events, including cultural events that do not fall under the provisions of the preceding paragraph and sports, are held indoors, outdoors or outside fixed venues, with reduced capacity and in accordance with the specific guidelines of the DGS.

3 – Without prejudice to the preceding paragraph, in the absence of guidance from the DGS, except in the cases of subparagraph e) of the preceding paragraph in which the event depends on the existence of specific guidelines from the DGS, event organizers must observe, with the necessary adaptations, the provisions of paragraphs 2 and 3 of article 11, as well as in article 16 regarding the catering spaces involved, and participants must wear a mask or visor in closed spaces.

4 – The provisions of the preceding paragraph, in the part concerning the testing referred to in paragraph 3 of article 16, shall not apply to participants who have already displayed the EU’s COVID Digital Certificate admitted under the terms of Decree-Law no. 54-A/2021 , of 25 June, or test with a negative result at the time of entry into the respective event.

5-Events with the public 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 of their realization.

6 – The provisions of the previous numbers do not affect the holding of events in digital format or via telematic means.

Article 23

Physical and sporting activity

1 – It is allowed, provided that in compliance with the guidelines defined by the DGS and the provisions of the previous article, with the necessary adaptations, the practice of all professional and equivalent training and competitive activities, as well as all training and competitive activities amateurs, including training levels.

2 – The practice of physical activity outdoors and in gyms and academies is also allowed, as well as, upon presentation, at the time of access to the gym or gym, of a COVID EU Digital Certificate admitted under the terms of Decree-Law no. 54-A/2021 , of 25 June, or a test with a negative result, carried out under the terms of article 8, participation in group classes.

Article 24

Public services

1 – Deconcentrated public services and citizen shops provide face-to-face service without the need to make prior appointments.

2 – The provisions of the previous number do not affect the continuity and reinforcement of the provision of services through digital means and contact centers with citizens and companies.

3 – The provisions of paragraph 4 of article 11 and the provisions of Council of Ministers Resolution no. 88/2020 , of 14 October, shall apply to services covered by this article. the present regime and, with regard to citizen shops, also the provisions of an order by the member of Government responsible for the modernization of the State and Public Administration.

Article 25

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

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

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

d) The provision of municipal or other equipment, if 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;

e) The permission, except in the structures and responses dedicated to welcoming victims of domestic violence and human trafficking, to carry out visits to users, in compliance with the rules defined by the DGS;

f) 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;

g) Operationalization of rapid intervention teams, consisting of direct action assistants, general service assistants, nurses, psychologists and physicians with the capacity for immediate action in the containment and stabilization of outbreaks of the COVID-19 disease;

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

2 – The diagnosis tests for SARS-CoV-2 are carried out by a health professional, with the respective results being globally communicated to the person in charge of the technical direction of the residential structure, who 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 26

Amusement equipment and the like (fairs)

1 – The operation of entertainment equipment and the like is allowed provided that:

a) Observe the guidelines and instructions defined by the DGS, in a technical opinion specifically prepared for this purpose;

b) Operate in a place authorized, under the legal terms, by the territorially competent local authority;

c) Comply with the provisions of Decree-Law No. 268/2009 , of 29 September, in its current wording, and in other applicable legislation.

2-the entertainment equipment and similar authorized to operate under the terms of the preceding paragraph are subject to inspection by the competent authorities under the terms of this regime.

CHAPTER V

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

Article 27

General rules applicable to air traffic and airports

1 – Only air traffic to and from mainland Portugal is authorized for all flights to and from countries that make up the European Union, to and from countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland) and from and to the UK.

2 – Without prejudice to the provisions of the preceding paragraph, air traffic is also authorized for:

a) Conducting essential trips, considering as such those carried out for professional, study, family reunion reasons, for health reasons or for humanitarian reasons;

b) Traveling to and 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, concerning air connections with Portugal and included in the list to be defined in terms of paragraph 4 of article 29, subject to confirmation of reciprocity, or of passengers from those countries still that carry out stopovers in countries on the same list;

c) Traveling 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 air traffic from certain countries or allow non-essential travel to or from countries not referred to in paragraphs 1 and 2.

5 – ANA – Aeroportos de Portugal, SA (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.

6 – 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.

7 – The monitoring of body temperature control by infrared and the measurement of body temperature are the responsibility of ANA, SA, and the latter must be carried out by health professionals duly qualified for the purpose, even if subcontracted.

Article 28

Air traffic testing rules

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 – 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 the previous number, 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 authorities competent authorities.

3 – 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, therefore, 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.

4 – The provisions of the previous numbers are not applicable to children who have not yet completed 12 years of age.

5 – The laboratory tests referred to in paragraphs 2 and 10 are carried out and made available by ANA, SA, through health professionals qualified for this purpose, and this service may be subcontracted.

6 – Third country nationals without legal residence in national territory who board without the test referred to in paragraph 1 must be refused entry into national territory.

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

8 – For the purposes of the provisions of this article and paragraph 6 of the previous 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 are allowed, agreed by the European Union Health Security Committee.

9 – 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.

10 – Passengers boarding with proof of carrying out a rapid antigen test (TRAg) that does not meet the requirements set out in paragraphs 8 and 9 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.

11 – 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 29

Air traffic rules on prophylactic isolation

1 – Passengers on flights originating in countries that are on the list to be defined under the terms of paragraph 4 must, after entering mainland Portugal, comply with a period of prophylactic isolation of 14 days, at home or in a place indicated by the authorities for the purposes of this standard, an airport stopover in any of these countries is not considered.

2 – The provisions of the previous number are also applicable to passengers on flights, regardless of origin, who present a passport with a departure record from South Africa, Brazil, India or Nepal within the 14 days prior to their arrival in Portugal.

3 – Passengers who:

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

b) Travel exclusively for the practice of sports activities integrated in international professional competitions, included in the list to be defined in the terms of the following number, provided that the fulfillment of a set of measures adequate 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 shall determine, by order, the list of countries referred to in paragraph 1 and the list of competitions sports to which the provisions of subparagraph b) of the previous number apply.

5 – 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 make up 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

6 – In the context of monitoring compliance with the provisions of this article, it is incumbent upon the SEF, based on a risk analysis, to verify the country of origin of passengers or where they performed the test for screening for SARS-CoV-2 infection, making it available it by computer to health authorities.

Article 30

Exception to measures applicable to air traffic and airports

The provisions of articles 27 to 29 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 31

Measures applicable to land, sea and river borders

1 – Citizens entering national territory by land or river from the countries on the list provided for in paragraph 4 of article 29 must comply with a period of prophylactic isolation of 14 days, at home or in a place indicated by the authorities of health.

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

3 – For the purposes of this article, mobile controls are instituted for collective passenger transport vehicles, motorhomes and light vehicles, with a view to informing citizens of the duties to which they are subject.

4 – The security forces and the SEF shall supervise 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 to comply with the provisions of paragraph b) of paragraph 1 of article 3, and citizens are responsible for filling out the form on the travel.sef.pt platform.

5-the provisions of paragraphs 1 and 2 of article 27, paragraphs 1, 8 and 9 of article 28 and paragraphs 1 to 3 of article 29 shall apply, with the necessary adaptations, to the embarkation and disembarkation of cruise ship passengers and crew in ports located in mainland national territory, in terms to be implemented by order of the Government members responsible for the areas of national defence, internal administration, health and infrastructure.

Article 32

Certification rules

By order of the members of the Government responsible for the areas of economy, foreign affairs, internal administration, health and civil aviation, rules other than those defined in this chapter, in particular 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 certificates, testing and recovery or proof of vaccination.

CHAPTER VI

Measures applicable depending on the progression of deconfinement

Article 33

Progression of deconfinement

1 – The member of the Government responsible for the health area defines the indicators relating to the assessment of the risk of virus transmissibility and the level of incidence, the clinical severity of the pandemic and the responsiveness of the NHS, according to which the measures can be applied. foreseen in the following article, but they cannot be applied before reaching the level of 85% of the population with complete vaccination.

2 – Based on the indicators and levels provided for in the preceding paragraph, the Government determines, by resolution of the Council of Ministers, the application of the measures provided for in the following article.

Article 34

Level of 85% of the vaccinated population

In accordance with the provisions of paragraph 1 of the previous article, the following measures may be adopted, namely:

a) The maximum occupancy of publicly accessible spaces provided for in subparagraph a) of paragraph 2 of article 11 ceases to exist;

b) Discos, bars and dance or party halls or other similar places or facilities referred to in subparagraph a) of article 12 may now function under the terms of article 18;

c) The limits on the number of people per group that can stay in catering establishments and similar provided for in subparagraph b) of paragraph 2 of article 16 cease to exist, either inside or in the spaces or services of open terraces;

d) The capacity limit of the space where family events are held, including weddings and baptisms, provided for in subparagraph b) of paragraph 2 of article 22 ceases to exist;

e) The capacity limit for cultural events in show venues of a fixed nature provided for in subparagraph d) of paragraph 2 of article 22 ceases to exist.

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