Informal translation into English
Decree No. 4/2021
Publication: Diário da República no. 50-A / 2021, Series I of 2021-03-13
Issuer: Presidency of the Council of Ministers
Proponent Entity: Presidency of the Council of Ministers
Diploma Type: Decree
Pages: 2 – 28
PDF version: Download
Regulates the state of emergency decreed by the President of the Republic
Decree No. 4/2021 of March 13
Summary: Regulates the state of emergency decreed by the President of the Republic.
Since November 2020, the declaration of a state of emergency has been repeatedly renewed based on the verification of a public calamity situation.
Approaching the end of yet another 15-day period in which the Decree of the President of the Republic no. 21-A / 2021 , of 25 February was in force , the epidemiological situation verified in Portugal, despite its favourable evolution, justifies that the state of emergency is renewed again, which happened through the Decree of the President of the Republic no. 25-A / 2021 , of 11 March.
The reduction that has been occurring with regard to the number of new daily cases of contamination of the disease COVID-19, as well as its transmission rate, as a result of the measures that have been adopted, allows the beginning of a gradual and phased out of the restrictive measures imposed. However, it is not recommended that there be a drastic reduction in those measures: it is essential to maintain the trend of decreasing the number of daily contagions, and, for this purpose, it is necessary that most of the rules that have been in force continue to be in force apply.
Thus, the Government considers, after listening to the scientific community and taking into account the current situation, that this is the time to start the process of lifting confinement measures, which should take place slowly and gradually. For this purpose, several phases of survey of the applicable measures were established, having been defined criteria associated with the evolution of the risk of transmissibility of the virus, the level of incidence and the capacity of the National Health Service, as well as the testing and screening capacities.
First, the present decree maintains the ban on movement between municipalities on the weekend of 20 and 21 March, which, in view of the restraint required for travel during the Easter period, is applicable continuously from 26 March.
Educational and teaching activities are resumed in person, in public, private and cooperative education establishments and in the social and solidarity sector, pre-school education and the 1st cycle of basic education, as well as day care, family day care and love, and also, for children and students who resume educational and teaching activities, family support activities and curriculum enrichment, activities provided in leisure centres and study centres and the like.
From March 15, establishments of non-essential goods will be able to sell to the wicket or through the collection service of products previously purchased through means of remote communication (click and collect), with the closing times of the establishments previously practiced also changed.
In addition, drinks are also available for take-away, with the ban on meals, products or drinks at or near the establishment’s doorstep.
Equally, the operation, by prior appointment, of hairdressing salons, barbers, beauty institutes and similar establishments is allowed. The establishment of stores for the sale of books and musical supports, libraries and archives, the sale of automobiles and bicycles, and real estate mediation services is determined.
Additionally, it is no longer forbidden to stay in parks, gardens, green spaces and leisure spaces, garden benches and the like, without prejudice to the powers of mayors.
Finally, the ban on travel outside the continental territory, carried out by any means, namely by road, rail, air, river or sea, by Portuguese citizens is lifted, without prejudice to the control of land and river borders that continues to be applicable.
In order for the measures now determined to take effect on Monday, March 15, the regulation covers two days, March 15 and 16, still under the previous renewal of the state of emergency declared by the Decree of the President of the Republic no. 21-A / 2021 , of February 25, since the determined restrictions are enabled by the same, extending for the period enabled by the Decree of the President of the Republic no. 25-A / 2021 , of March 11 .
Under the terms of paragraph g) of article 199 of the Constitution, the Government decrees the following:
Purpose and scope
1 – The present decree:
a) Regulates the renewal of the state of emergency effected by the Decree of the President of the Republic no. 25-A / 2021, of 11 March;
b) Alters the regulation of the renewal of the state of emergency made by the Decree of the President of the Republic no. 21-A / 2021, of 25 February.
2 – The present decree proceeds:
a) The lifting of the suspension of educational and teaching activities in pre-school education and the 1st cycle of basic education, in person, in public, private and cooperative educational establishments, as well as social responses to support early childhood day care, family day care and nanny from the social and solidarity sector;
b) The lifting of the suspension of activities, in person, family support and curriculum enrichment, as well as activities provided in leisure centres and study centres and the like, only for children and students who return to school. educational and teaching activities under the terms of the previous paragraph;
c) The reinstatement of the activity of establishments of non-essential goods 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 the collection service of products previously purchased through means of remote communication (click and collect);
d) Permitting the operation, by prior appointment, of hairdressing salons, barbers, beauty institutes and similar establishments;
e) The lifting of the ban on travel outside mainland Portugal by Portuguese citizens;
f) The opening of establishments selling books and musical supports, establishments selling cars and bicycles, and real estate mediation services;
g) Opening of libraries and archives;
h) Permission to remain in parks, gardens, green spaces, leisure spaces, garden benches and the like, without prejudice to the competence of the mayors of the municipal council of the territorially competent area;
i) The determination of the prohibition of movement between municipalities, which is applicable on the weekend of March 20 and 21, 2021, and, daily, from March 26, 2021.
This decree is applicable to the entire continental national territory.
Sanitary and public health measures
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 that are 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, or others with the same powers, public health authorities, care units and forces of security.
General duty of home collection (Remain at home)
1 – Citizens cannot travel in public spaces and roads, as well as in spaces and private roads equated to public roads, and must remain in their home, except for travel authorized by this decree.
2 – For the purposes of the preceding paragraph, “authorized travels” are considered to be those aimed at:
a) The acquisition of essential goods and services;
b) Access to public services, under the terms of article 35, and participation in procedural acts before the judicial entities or in acts within the competence of notaries, lawyers, solicitors or registration officers;
c) The performance of professional or similar activities, when there is no place for teleworking under the terms of this decree, as attested by a statement issued by the employer or similar entity, or the search for a job or response to a job offer;
d) To attend to health reasons, namely for the purpose of obtaining health care and transportation of people to whom such care or blood donation should be administered;
e) The emergency reception of victims of domestic violence or trafficking in human beings, as well as travel for the purpose of intervention in the scope of the protection of children and young people in danger, namely the commissions for the protection of children and young people and multidisciplinary advisory teams technical assistance to the courts;
f) Assistance to vulnerable people, homeless people, people with disabilities, children, parents, the elderly or dependents or other imperative family reasons, namely the fulfilment of parental responsibility sharing, as determined by agreement between the holders of themselves or by the competent court;
g) Travel to accompany minors to attend school establishments whose parental activity is admitted, day care, family day care or nanny;
h) The carrying out of tests and examinations, as well as the carrying out of inspections;
i) Outdoor physical and sporting activity, under the terms of article 41;
j) Participation in religious ceremonies, including community celebrations, under the terms of article 42;
k) The enjoyment of moments in the open air and the stroll of pet animals, which must be of short duration and take place in the area of residence, unaccompanied or in the company of members of the same household who cohabit;
l) Assistance of animals by veterinarians, keepers of animals for medical-veterinary assistance, caretakers of colonies recognized by the municipalities, volunteers from zoophilic associations with dependent animals who need to go to animal shelters and by the municipal veterinary services for collection and animal assistance, as well as animal feeding;
m) Participation in social volunteering actions;
n) Visiting users of residential structures for the elderly and for people with disabilities, integrated continuous care units of the National Integrated Care Network and other responses dedicated to elderly people;
o) Visits, when authorized, or the delivery of essential goods to people who are disabled or deprived of their freedom of movement;
p) The exercise of the respective functions of the holders of the organs of sovereignty, leaders of the social partners and of the political parties represented in the Assembly of the Republic, as well as of persons with a free pass issued under the legal terms;
q) The performance of official functions by staff of diplomatic, consular missions and international organizations located in Portugal;
r) Access to post offices and post offices, bank branches and agencies of insurance intermediaries or insurance companies;
s) The exercise of freedom of the press;
t) The travel required for entering and leaving mainland territory, including those necessary for traveling to and from the place of accommodation;
u) Other activities of a similar nature or for other reasons of force majeure or imperative necessity, as long as they are duly justified;
v) The return to the home within the scope of the trips mentioned in the previous paragraphs.
3 – Except for the purposes provided for in paragraph k) of the preceding paragraph, the circulation of private vehicles on public roads is permitted, including refuelling at gas stations, within the scope of the situations referred to in the preceding paragraph.
4 – Without prejudice to the provisions of the preceding paragraphs, in all trips made, the recommendations and orders determined by the health authorities and the security forces and services must be respected, namely those regarding the distances to be observed between people.
Limitation on movement between municipalities
It is forbidden to travel outside the municipality of the domicile in the period between 8:00 pm on Friday and 5:00 am on Monday and, daily, from March 26, 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.
Teleworking and lagged schedule organization
1 – It is mandatory to adopt the teleworking regime, regardless of the employment relationship, the type or nature of the legal relationship, whenever this is compatible with the activity performed and the worker has conditions to exercise it, without the need for agreement by the parties. .
2 – Teleworkers have the same rights and duties as other workers, with no reduction in pay, under the terms set out in the Labour Code or in an applicable collective regulation instrument, namely with regard to normal working time limits and other conditions of work, safety and health at work and repair of damages resulting from an accident at work or occupational disease, while maintaining the right to receive the meal allowance that was already due.
3 – The employer must provide the work and communication equipment necessary for the provision of teleworking work.
4 – When such availability is not possible and the worker consents to it, teleworking can be carried out through the means that the worker has, with the employer being responsible for programming and adapting to the needs inherent to the provision of teleworking.
5 – The user company or final beneficiary of the services provided is responsible for ensuring compliance with the provisions of the preceding paragraphs, with the necessary adaptations, to temporary workers and service providers who are providing activity to these entities.
6 – The provisions of the preceding paragraphs are not applicable to workers of essential services covered by article 10 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, as well as those integrated in establishments referred to in paragraph 4 of article 2 of Decree-Law no. 79-A / 2020 , of 1 October, in its current wording, for which teleworking is not mandatory.
7 – For the purposes of this article, it is considered that the functions are not compatible with the activity performed, namely, in the following cases:
a) Workers who provide face-to-face assistance, under the terms of article 35;
b) Workers directly involved in the Portuguese Presidency of the Council of the European Union;
c) Workers for whom it is determined by the members of the Government responsible for the respective services, under the respective management power.
8 – Whenever it is not possible to adopt the teleworking regime, regardless of the number of workers, the employer must organize the hours of entry and exit from workplaces in a delayed manner, as well as adopt the technical and organizational measures that guarantee distance. physical protection and protection of workers, applying, with the necessary adaptations, the provisions of articles 3 and 4 of Decree-Law no. 79-A / 2020 , of 1 October, in its current wording.
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 decree 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 providing 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.
Body temperature control
1 – In cases where the respective activity is maintained under the terms of the present decree, body temperature measurements may be carried out by non-invasive means, in the control of access to the workplace, public services or institutions, educational and teaching establishments and vocational training, commercial, cultural or sports spaces, means of transport, health establishments, prisons or educational centres, 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 38 ºC, as defined by the Directorate-General for Health (DGS).
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.
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 centres and emergency accommodation centres, 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 centres:
i) Prisoners in prisons and young people admitted to educational centres;
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) Anyone wishing to enter or leave the mainland or the Autonomous Regions by air or sea;
f) Anyone wishing to access places determined for this purpose by the DGS.
2 – The conduct 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 in the case of subparagraph d), in which it is done by order of the Director General of Reinsertion and Prison Services, under the terms determined by DGS guidance.
3 – 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.
Exceptional suspension of termination of employment contracts
1 – During the period of validity of the state of emergency, the possibility of terminating the employment contracts of health professionals linked to the services and establishments integrated in the National Health Service is temporarily and exceptionally suspended, due to imperative service needs. (SNS), regardless of the legal nature of the bond, either on the initiative of the employer or on the initiative of the worker.
2 – The provisions of the preceding paragraph apply to the termination of individual employment contracts, by revocation or termination, and to the termination of employment contracts in public functions upon termination by agreement, termination or exoneration, at the request of the worker.
Strengthening of human resources in the health area
1 – The establishments providing health care to the NHS may, exceptionally, proceed with the hiring of resolutive terms, up to the limit of one year, of holders of academic degrees conferred by a foreign higher education institution in the field of medicine when these prove that they have been already approved in the written examination of the specific recognition process to the integrated study cycle of the Master’s in Medicine.
2 – The establishments providing health care referred to in the preceding paragraph may, exceptionally, hire permanent resolution, up to the limit of one year, of holders of academic degrees conferred by a foreign higher education institution in the field of nursing, at the level identical to the Bachelor’s degrees awarded by Portuguese higher education institutions, when they prove one of the following conditions:
a) Have completed a cycle of studies with at least 3600 teaching hours, of which 1800 hours in clinical teaching;
b) Retain more than five years of professional experience in the clinical area.
3 – The exercise of professional functions in Portugal after the termination of the contracts referred to in the preceding paragraphs requires registration with the competent professional order, under the terms provided for in the respective statutes.
4 – Students enrolled in study cycles in the field of nursing at the date of entry into force of this decree who are already holders of a foreign academic degree can be credited with the full amount of training and professional experience duly proven, without the need to observe the limits defined in article 45 of Decree-Law no. 74/2006 , of 24 March, in its current wording.
5 – Hiring under this article complies with the other legally applicable terms regarding the hiring of health professionals.
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) Exceptional measures for the use, by the services and establishments integrated in the NHS, of services providing health care in the private and social sectors, in terms of the provision of health care;
c) 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, transport, distribution and supply of goods and services essential to the activity of the health sector.
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.
3 – The determinations referred to in the preceding paragraphs are preferably established by agreement or, failing this, unilaterally through fair compensation, under the terms of Decree-Law No. 637/74 , of 20 November, in its current wording.
Reinforcement of screening capacity
1 – With a view to strengthening the screening capacity of public health authorities and services, the mobilization of human resources to carry out epidemiological surveys, to track contacts of patients with COVID-19 and to monitor people under active surveillance can be determined.
2 – For the purposes of the preceding paragraph, the carrying out of epidemiological inquiries, the tracking of contacts of patients with COVID-19 and the follow-up of persons under active surveillance may be carried out by anyone who is not a health professional.
3 – The human resources referred to in paragraph 1 may be employees of public entities of the direct and indirect administration of the State and of local, private, social or cooperative authorities, regardless of the professional link or functional content, which are in prophylactic isolation, are in the situation provided for in article 25-A of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, or are personnel of the security forces and services, civil protection agents or teachers with no teaching component.
4 – For the purposes of the preceding paragraphs, the assignment of workers to the functions referred to in the preceding paragraphs must take into account their respective training and functional content, with the mobilization and coordination of people operationalized by order of the members of the Government responsible for the areas of Public Administration, work, social solidarity, health and the sectorial area to which the worker is assigned, when applicable.
5 – During the period in which the mobilization of workers is maintained and as long as working conditions are guaranteed that especially ensure the protection of their health, the exercise of functions at a different time and place may be imposed.
6 – The provisions of the preceding paragraph, as far as the workplace is concerned, do not apply to workers who are in prophylactic isolation.
7 – Workers who are mobilized under the provisions of this article maintain all the rights inherent to the place of origin and cannot be harmed in the development of their career.
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.
Processing of personal data
1 – Within the scope of the operations provided for in articles 13 and 14, of epidemiological inquiries, tracking of contacts of patients with COVID-19 and follow-up of persons under active surveillance, there may be the processing of personal data, in particular of health data, for reasons of public interest in the field of public health, regardless of consent by the respective holders.
2 – For the purposes of the preceding paragraph, health data may be accessed and processed by:
a) Health professionals;
b) Medical or Nursing students;
c) Any professionals who have been mobilized to strengthen the screening capacity under the terms of article 13;
d) Any elements of the Armed Forces that have been mobilized to strengthen the screening capacity under the terms of article 14.
3 – The persons referred to in the preceding paragraphs who access or process personal data within the scope of this article are subject to a duty of secrecy or confidentiality.
4 – The entities responsible for the systems or services under which personal data are accessed, managed or processed under this article must ensure the implementation of appropriate measures that safeguard the fulfilment of the duties of secrecy or confidentiality referred to in the number previous, and should also implement technical security measures in terms of access permissions to personal data, prior authentication of whoever accesses them and electronic registration of accesses and accessed data.
Measures applicable to activities, establishments, services, companies or similar
Closure of facilities and establishments
The facilities and establishments referred to in annex i of this decree and of which they form an integral part are closed, without prejudice to the provisions of article 22.
Suspension of activities of facilities and establishments
1 – 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 this decree and which is an integral part, without prejudice to the provisions of article 22.
2 – The suspension determined pursuant to the preceding paragraph does not apply:
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.
3 – In the cases provided for in paragraph b) of the preceding paragraph, access to the interior of the establishment by the public is prohibited.
4 – The provisions of subparagraph b) of paragraph 2 and the following paragraph do not prejudice the application of the provisions of article 24, which constitutes a special rule.
5 – 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.
6 – Food retail activities close at 21:00 on weekdays and at 19:00 on Saturdays, Sundays and holidays.
7 – The provisions of paragraph 5 are not applicable:
a) To establishments where medical services or other health services are provided, namely hospitals, offices and clinics, dental clinics and urgent medical-veterinary care centres, and social support services, as well as the support services integrated in these places;
b) To pharmacies and establishments selling non-prescription drugs;
c) Tourist establishments and local accommodation establishments, as well as establishments providing student accommodation;
d) Establishments that provide funeral and related activities;
e) Service provision activities, namely service areas and fuel stations, which include highways;
f) Fuel filling stations not covered by the preceding paragraph, as well as electric vehicle charging stations, exclusively in the part relating to the sale of fuel and supplying or loading vehicles to the public within the scope of travel permitted under the terms of this decree. ;
g) establishments providing services for the rental of goods vehicles without a driver (rent-a-cargo) and the rental of passenger vehicles without a driver (rent-a-car);
h) To establishments located inside airports located on the continental territory, after checking the security of passengers.
Prohibition of advertising of commercial practices with price reduction
Advertising, advertising activity or the adoption of any other form of commercial communication, namely in information society services, which may result in an increase in the flow of people attending establishments that, under the terms of this decree, are prohibited open to the public, namely through the disclosure of balances, promotions or sales.
1 – It is permitted the exercise of activity by itinerant sellers, for the provision of essential goods or other goods considered essential in the present conjuncture, in the locations where this activity is necessary to guarantee access to such goods by the population.
2 – The identification of the locations where itinerant sale is essential to guarantee access to essential goods by the population is defined by a decision of the municipality, after a favourable opinion from the health authority of a locally competent territorial level, and must be published on the respective website.
Fairs and markets
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.
2 – For each fair or market, there must be a contingency plan for the disease COVID-19, prepared by the competent municipality or approved by the same, in the case of fairs and markets under the exploitation of private entities.
3 – The contingency plan must be made available on the municipality’s website.
4 – The reopening of fairs and markets must be preceded by actions to raise the awareness of all traders and traders, regarding the implementation of the contingency plan and other prevention measures and hygiene practices.
5 – The contingency plan referred to in the preceding paragraphs must, with the necessary adaptations, respect the rules in force for retail trade establishments regarding occupation, permanence and physical distance, as well as the guidelines of the DGS, providing for a set of procedures prevention and control of infection, namely:
a) Operational procedure on the actions to be taken in case of illness, symptoms or contact with a confirmed case of COVID-19 disease;
b) Implementation of the mandatory use of a mask or visor by marketers and merchants and customers;
c) Measures of adequate physical distance between places of sale, when possible;
d) Hygiene measures, namely the mandatory compliance with hand hygiene and respiratory label measures, as well as the mandatory availability of skin disinfectant solutions, at the entrances and exits of fairs and markets, in sanitary facilities, when existing, as well as the respective availability by marketers and traders, when possible;
e) Relative access and circulation measures, namely:
i) The management of access to the fairgrounds and markets, in order to avoid excessive concentration both inside and at the entrance to them;
ii) The rules applicable to the exhibition of goods, preferably and whenever possible, upon the requirement of making them available by marketers and traders;
iii) Disinfection procedures for vehicles and goods, adjusted to the type of products and the organization of circulation;
f) Plan for cleaning and sanitizing fairgrounds and markets;
g) Protocol for the collection and treatment of waste.
6 – Without prejudice to the powers of the other authorities, the municipal supervisory authorities, the municipal police and the entities responsible for the management of the fairgrounds and markets, as the case may be, may contribute to the monitoring of compliance with the procedures contained in the contingency plans.
Exercise of retail trade activity in wholesale establishments
1 – The holders of the operation of wholesale food distribution establishments are allowed, during the period of validity of this decree, to sell their products directly to the public, cumulatively engaging in retail trade.
2 – Holders of the operation of wholesale food distribution establishments wishing to engage in retail trade activities under the terms of the previous number are obliged to comply with the rules of access, occupation, safety, hygiene and the rules of attendance priority provided for in Article 23.
3 – Goods intended for retail sale must display the respective selling price to the public, ensuring their availability for purchase in unit form.
4 – Holders of the operation of wholesale food distribution establishments in which retail sales are carried out must adopt, if necessary, measures to ensure that the quantities available to each consumer are adequate and dissuasive of hoarding situations.
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 of this decree or the exercise of other activities of retail trade or provision of services that may 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 will prove to be dispensable or undesirable in the context of combating the contagion and spread of the virus.
General provisions applicable to establishments or places open to the public
1 – In establishments that maintain their activity under the terms of this decree, the following rules of occupation, permanence and physical distance must be observed:
a) The allocation of spaces accessible to the public must observe the maximum indicative occupation rule of 0.05 people per square meter of area, with the exception of service provision establishments;
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) 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;
g) Encouraging the adoption of approved codes of conduct for certain sectors of activity or establishments, as long as they do not contravene the provisions of this decree.
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 – Managers, managers or owners of spaces and establishments must make every effort to:
a) Carry out a balanced management of public accesses, in compliance with the provisions of the previous numbers;
b) Monitor refusals of public access, in order to avoid the concentration of people at the entrance to spaces or establishments.
4 – Without prejudice to the provisions of the preceding paragraphs, establishments that maintain their activity under the terms of this decree must observe the following hygiene rules:
a) The provision of the service and the transport of products must be carried out in compliance with the hygiene rules defined by the DGS;
b) Economic operators must promote daily and periodic cleaning and disinfection of spaces, equipment, objects and surfaces with which there is intense contact;
c) Economic operators must promote the cleaning and disinfection, before and after each use or interaction by the customer, of automatic payment terminals (TPA), equipment, objects, surfaces, products and utensils in direct contact with customers;
d) Economic operators should promote the containment, as much as possible, by workers or customers, of touching products or equipment as well as unpackaged articles, which should preferably be handled and dispensed by workers;
e) In case of exchanges, returns or used products return, operators should, whenever possible, ensure their cleaning and disinfection before being made available for sale again, unless this is not possible or compromises the quality of the products ;
f) Other rules defined in codes of conduct approved for certain sectors of activity or establishments, as long as they do not contravene the provisions of this decree.
5 – Without prejudice to the provisions of the preceding paragraphs, retail or service provision establishments shall seek to ensure the availability of skin disinfectant solutions, for workers and customers, with all entrances and exits of establishments, as well as in inside, in suitable locations for disinfection according to the organization of each space.
6 – 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.
7 – Retail or service provision establishments 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.
8 – Retail or service establishments may close at certain times of the day to ensure cleaning and disinfection operations for employees, products or space.
Restaurants and the like
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 through as an intermediary, as well as for the provision of packed meals or products at the door of the establishment or at the wicket (take-away).
2 – As part of the provision of 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.
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.
Sale and consumption of alcoholic beverages
1 – The sale of alcoholic beverages in service areas or at fuel filling stations is prohibited and, from 8:00 pm until 6:00 am, in retail stores, including supermarkets and hypermarkets.
2 – In home deliveries, directly or through an intermediary, as well as in the sale mode through the provision of packed meals or products at the door of the establishment or at the wicket (take-away), it is not allowed to provide alcoholic beverages from 20 : 00 h and until 06:00 h.
3 – The consumption of alcoholic beverages in outdoor spaces with public access and public roads is prohibited.
Fees and commissions charged by intermediary platforms in the catering sector and the like
1 – During the period of validity of this decree, intermediary platforms in the sale of goods or in the provision of catering and similar services are prevented from charging economic operators service fees and commissions that, globally considered, for each commercial transaction , exceed 20% of the sale price to the public of the good or service.
2 – During the period of validity of this decree, intermediary platforms in the sale of goods or in the provision of catering and similar services are also prevented from:
a) Increase the value of other fees or commissions charged to economic operators established until the date of approval of this decree;
b) Charge, to consumers, delivery rates higher than those charged before the date of approval of this decree;
c) Paying service providers who collaborate with them for less than the fees charged for the service rendered before the date of approval of this decree;
d) Grant service providers that collaborate with them less rights than those that were granted to them before the date of approval of this decree.
Retail establishments selling various types of goods
1 – The member of the Government responsible for the economy may, by order, determine that retail establishments that sell more than one type of goods and whose activity is permitted under this decree cannot sell goods typically sold in the United States. retail establishments closed or with activity suspended under the terms of this decree.
2 – In the case provided for in the preceding paragraph, the order must identify which goods or categories of goods are covered by the marketing limitation.
Maximum price regime for bottled liquefied petroleum gas
1 – A maximum price regime is established for bottled liquefied petroleum gas (LPG), in standard steel tariffs , in types T3 and T5, as established in article 8 of Decree-Law no. 5/2018 , February 2nd.
2 – The regulated price of GPL, in the typologies indicated in the previous number, for each month, is determined in (euro) / kg, according to the following formula:
(Pr (index C) + Pr (index F) + Pr (index D + A) + Pr (index Index) + Pr (index E) + spread + ISP) x (1 + VAT)
Pr (index C) – Price of butane LPG or propane LPG, considering the CIF ARA price in USD / ton, later converted to (euro) / kg, verified in month M-1;
Pr (index F) – Additional cost of maritime transportation from LPG to Lisbon in USD / ton, considering 1800 t vessels, later converted to (euro) / kg, verified in the month M-1;
Pr (D + A index) – Costs with logistical operations for receiving crude oil or oil products ((euro) / ton) and respective storage ((euro) / ton) for 15 consecutive days, converted to (euro) / kg;
Pr (Res. Index) – Costs for the part of the security reserves constituted and controlled directly by the central storage entity, being presented in (euro) / kg;
Pr (index E) – Cost of filling bottles ((euro) / t), applied to LPG butane and LPG propane;
ISP – Taxes on all petroleum and energy products, if they are consumed or sold for fuel or fuel use, presented in (euro) / kg;
VAT – Value added tax, presented as a percentage.
The applicable spread values are shown in the following table, for LPG butane and LPG propane, for types T3 and T5:
(see original document)
3 – The regulated price for month M is determined on the first day of the month and applies from the third business day of month M until the second business day of month M + 1.
4 – In the event of a relevant change in the international quotation, identified by the Energy Services Regulatory Entity (ERSE), the Government member responsible for the energy area may, by order, determine new regulated prices to be applied to the remaining days of the current month.
5 – The terms of the regulated price set out in paragraph 2 are published daily on the ERSE website.
6 – The regulated price of GPL is calculated by ERSE and published on its website.
7 – During the month of January 2021, the following prices after taxes apply:
a) LPG butane, in type T3: 1.836 (euro) / kg;
b) LPG propane, in type T3: 2,171 (euro) / kg;
c) LPG propane, in T5 typology: 1,950 (euro) / kg.
8 – The maximum prices for LPG bottles defined in the previous number can only add costs with the delivery service, which apply to situations in which the bottles are purchased by telephone or electronically, made available at a different location from the point of sale.
9 – The price of the delivery service referred to in the preceding paragraph must adhere to the costs incurred by the supplier with the provision of that service.
10 – Within the scope of the duty to provide information on LPG suppliers, consumers must be informed of the price of LPG bottles, as well as the delivery service, whenever applicable, prior to the delivery act.
11 – Fuel filling stations and other points of sale of LPG bottles with service to the public must guarantee the continuous supply of LPG bottles, namely the types subject to the price fixed under this regime.
12 – Compliance with the provisions set out in this article is subject to inspection by the National Entity for the Energy Sector, EPE, the security forces and services and the municipal police, the Food and Economic Security Authority (ASAE) and other entities with competences in this matter.
13 – The regulated price for the month of January 2021 is applicable on the third day after the entry into force of this decree.
Private vehicles with capacity for more than five seats
Private vehicles with a capacity of more than five seats can only drive, within the scope of travel authorized under paragraph 3 of article 4, unless all occupants are part of the same household, with two thirds of their capacity, and must occupants 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.
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.
Rules applicable to air traffic and airports
1 – Passengers on flights originating in countries to be defined by order of the members of the Government responsible for the areas of foreign affairs, national defence, internal administration, health and civil aviation must present, upon departure, proof conducting a molecular test by RT-PCR to screen for SARS-CoV-2 infection with a negative result, performed within 72 hours prior to the time of embarkation, under penalty of being denied boarding the aircraft and entering continental territory.
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 carry out the said test on arrival, before entering continental territory, at their own expense, being, for this purpose, forwarded by the competent authorities.
3 – The laboratory tests referred to in the previous number are carried out and made available by ANA – Aeroportos de Portugal, SA (ANA, SA), through health professionals qualified for this purpose, and this service may be subcontracted.
4 – ANA, SA, must carry out, at the Portuguese international airports that it manages, infrared body temperature screening for all passengers arriving on continental territory.
5 – Passengers who, in the scope of the screening referred to in the previous number, detect a body temperature equal to or greater than 38 ºC, as defined by the DGS, must be immediately directed to a space suitable for the repetition of the measurement of the body temperature, and these passengers should, if the situation assessment justifies it, be subjected to molecular testing by RT-PCR to screen for SARS-CoV-2 infection.
6 – 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 this purpose, even if subcontracted.
7 – Passengers referred to in paragraph 2, as well as those to whom a body temperature of 38 ºC or higher is detected and who perform the molecular test by RT-PCR to screen for SARS-CoV-2 infection , wait in a proper place inside the airport until notification of the result.
Flight suspension and mandatory confinement
When the epidemiological situation so justifies, the members of the Government responsible for the areas of foreign affairs, national defence, internal administration, health and civil aviation may, by order, determine:
a) The suspension of flights with origin and destination in certain countries;
b) The need to impose a mandatory confinement period on arrival to national territory for passengers from certain countries.
Restoring control of people at land and river borders
1 – The control of persons at the internal Portuguese, land and river borders is restored, pursuant to paragraph 6 of article 6 of Law no. 23/2007 , of 4 July, in its current wording, and the Article 28 of the Schengen Borders Code, approved by Regulation (EU) 2016/399 of the European Parliament and of the Council, of 9 March 2016, in its current wording.
2 – Without prejudice to the collaboration between security forces and services, it is the responsibility of the Aliens and Borders Service to apply the present measures in terms of border control and the Republican National Guard to carry out surveillance between the authorized crossing points under the terms of no. 7.
3 – Road traffic at internal land borders is prohibited, regardless of the type of vehicle, except for the international transport of goods, the transport of cross-border workers and the circulation of emergency and relief vehicles and emergency services.
4 – Rail traffic between Portugal and Spain is suspended, except for the purpose of transporting goods.
5 – River transport between Portugal and Spain is suspended.
6 – The limitations referred to in the preceding paragraphs are without prejudice to:
a) The right of entry for national citizens and holders of residence permits in Portugal;
b) The right of exit for citizens residing in another country.
7 – For the purposes of this article, the authorized crossing points at the land border are determined by order of the member of the Government responsible for the area of internal administration.
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 centres with citizens and companies.
2 – The operation of public services considered essential can be determined, in terms different from that provided for in the preceding 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 , to 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 of work management and organization, 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.
1 – The following are suspended:
a) Educational and teaching activities, in person, in public, private and cooperative education establishments and in the social and solidarity sector, of the 2nd and 3rd cycles of basic and secondary education, to which the non-face-to-face regime established in the Resolution of the Council of Ministers no. 53-D / 2020, of 20 July;
b) Social support activities developed in an occupational activity centre, day centre, social centre, leisure centre, excluding children and students who resume educational and teaching activities, and senior universities;
c) In-person teaching and non-teaching activities of higher education institutions, without prejudice to the current assessment periods.
2 – Except for the provisions of paragraph a) of the previous number:
a) Whenever necessary, with the same being assured, therapeutic support provided in special education establishments, in schools and, furthermore, by the resource centres for inclusion, as well as the reception in the units integrated in the learning support centres, for the students for whom additional measures were mobilized, while safeguarding the guidelines of the health authorities;
b) The carrying out of international curriculum tests or examinations.
3 – Without prejudice to paragraphs 1 and 2:
a) The groupings of schools and non-grouped schools in the public school system and the private, cooperative and public sector social and solidarity establishments adopt the necessary measures to provide food support to students benefiting from the A and B levels of the action school social;
b) The centres of occupational activities, although closed, must provide food support to their users in a situation of economic need, and, whenever institutions meet logistical and human resources conditions, they must provide occupational monitoring to users who have to stay in your dwelling;
c) Local teams of early intervention resume their regular face-to-face activities, safeguarding all the hygiene and safety measures recommended by the Directorate-General for Health;
d) Support centres for independent living must remain in operation, guaranteeing the personal assistants to provide support to the beneficiaries in person, with the technical teams being able, exceptionally, to carry out, using telematic means, and activities compatible with the themselves.
4 – The responses of residential home and autonomous residence are excluded from the provisions of paragraph 2.
Essential service workers
1 – An educational establishment is identified in each group of schools that promotes the reception of children or other dependents in charge of a worker whose mobilization for service or readiness prevents them from providing assistance to them following the suspension provided for in the previous article, and that are:
a) Health professionals, security and relief forces and services, including volunteer firefighters, and the Armed Forces;
b) Workers in essential public services;
c) Workers from institutions, social facilities or entities that develop residential responses of social and health support to the elderly, people with disabilities, children and young people in danger and victims of domestic violence;
d) Workers in management services and maintenance of essential infrastructures, as well as other essential services.
2 – Disability institutions, with a response from the occupational activities centre, without prejudice to the suspension of their activities, must guarantee support to those responsible for their users who are workers of services considered essential, under the terms identified in the previous paragraph.
3 – Essential services, for the purposes of paragraph 1, are those defined in Ordinance No. 25-A / 2021 , of 29 January.
Suspension of training activities
1 – The training activities carried out in person, carried out by training entities of a public, private, cooperative or social nature, are also suspended.
2 – The on-site training activity provided for in the preceding paragraph may exceptionally be replaced by distance training, whenever conditions are met for that purpose, namely when it comes to mandatory professional training required for professional access and exercise upon authorization from the competent authority. .
Measures in the context of residential structures and other structures and reception responses
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, in view of 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 centres in the respective intervention area in conjunction with the hospital in the reference area;
g) Operationalization of rapid intervention teams, composed of direct action assistants, 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 analysing 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.
It is forbidden, in the academic scope of higher education, to celebrate, as well as recreational or recreational activities.
Physical and sports activity
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.
2 – For the purposes of this decree, the activities of high-performance athletes, of national teams of the Olympic and Paralympic modalities, of the 1st national division or of competition of a corresponding competitive level of all modalities of the echelon groups are equated with professional activities. male and female seniors, those who participate in international championships the activity of accompanying these athletes in adapted sports, as well as the respective technical and refereeing teams.
3 – Sports facilities in operation are governed by the provisions of paragraph 4 of article 23, with the necessary adaptations.
Events & Events
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.
Prohibition of access to public spaces
It is incumbent upon the Mayor of the Territorially Competent City Council:
a) The closure of all public spaces where people are crowded, namely crosswalks, sidewalks, sidewalks and beaches;
b) The signalling of the prohibition on the use of garden benches, playgrounds and public equipment for the practice of sports (fitness).
Personal care and aesthetics
1 – 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.
2 – In these establishments, the guidelines defined by the DGS must be respected.
Execution at the local level
The Prime Minister appoints the authorities that coordinate the execution of the declaration of a state of emergency in the continental territory, at the local level, under the terms of paragraph 4 of article 20 of Law no. 44/86 , of 30 September, in its current wording.
The member of the Government responsible for the area of national defence ensures coordination with the other governmental areas to ensure, when necessary, the commitment of people, means, goods and services of national defence necessary to comply with the provisions of this decree.
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) Coordinates a structure for monitoring the state of emergency, composed of representatives of government areas defined by order of the Prime Minister and representatives of the security forces and services and of ANEPC, for the purpose of monitoring and producing regular information on the situation , namely for the purpose of complying with the provisions of paragraph 1 of article 28 of Law no. 44/86, of 30 September, in its current wording, without prejudice to the powers of the Secretary-General of the Security System Internal Affairs and the Security Coordinating Office;
c) Establish, together with the member of the Government responsible for the health area, health fences, upon proposal by the health authorities;
d) Establishes specific control and inspection measures of the provisions of this decree, in conjunction with other governmental areas, when applicable due to the matter.
In the scope of civil protection, and without prejudice to the provisions of Law No. 44/86 , of September 30, in its current wording:
a) Territorially competent political and institutional coordination structures are activated, which assess, depending on the evolution of the situation, the possible activation of the civil protection emergency plans at the respective territorial level;
b) The permanent assessment of the operational situation and the corresponding adequacy of the special alert state of the Integrated System of Protection and Relief Operations are carried out;
c) A permanent device of a maximum of 500 specialized teams, existing in all volunteer fire brigades, is operationalized for the support, assistance and transport of patients, as well as to assist operations within the scope of the vaccination plan against COVID -19.
Regulations and implementing acts
1 – The regulations and administrative acts for the execution of this decree are effective by means of mere notification to the recipient, by electronic or other means, with the remaining applicable formalities being waived, being considered notified on the same day.
2 – For the purposes of the preceding paragraph, notification to recipients is understood by publishing the regulations or acts on the website of the competent entities for the approval of the regulations or the practice of the acts.
1 – It is incumbent upon the security forces and services and the municipal police to monitor compliance with the provisions of this decree, by means of:
a) Raising the community’s awareness of the general duty of home collection and the prohibition of travel that is not justified;
b) The emanation of legitimate orders, under the terms of the present decree, namely for collection at the respective domicile;
c) The closure of establishments and the cessation of activities provided for in Annex I of this Decree;
d) Commination 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, as well as of article 7 of Law no. 44 / 86, of September 30, for violation of the provisions of articles 4 to 6, 16 and 17 of this decree, as well as of mandatory confinement by those subject to it under the terms of article 3. ;
e) The follow-up and follow-up of people in prophylactic isolation or under active surveillance;
f) Advice on the non-concentration of people on public roads and the dispersion of concentrations greater than five people, unless they belong to the same household or are the result of exceptions provided for in this decree.
2 – ASAE is competent for the purposes of paragraph c) of the previous number, and is also competent to inspect compliance by economic operators with the provisions of this decree.
3 – The parish councils collaborate in the fulfilment of the provisions of this decree, namely in advising the non-concentration of people on the public road, in recommending all citizens to comply with the ban on travel that are not justified, in raising awareness of the general duty home collection and signalling, with the security forces and services, as well as the municipal police, of establishments to be closed.
4 – The security forces and services permanently report to the member of the Government responsible for the area of internal administration the degree of compliance by the population with the provisions of this decree, with a view to the Government being able to assess the situation at all times.
General duty of cooperation
During the period of validity of the state of emergency, citizens and other entities have a duty to collaborate, namely in the fulfilment of orders or instructions of the bodies and agents responsible for security, civil protection and public health, in the prompt satisfaction of requests that are justifiably addressed to them. made by the competent entities for the implementation of the measures contained in this decree.
The provisions of this decree are without prejudice to the existence and validity of other measures that have already been adopted in the context of combating the disease COVID-19, prevailing over them when they provide otherwise.
The following are repealed:
This decree shall enter into force at 00:00 on March 15, 2021.
Seen and approved by the Council of Ministers on March 11, 2021. – The Prime Minister, António Luís Santos da Costa.
Signed on March 13, 2021.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on March 13, 2021.
The Prime Minister, António Luís Santos da Costa.
[referred to in Article 16, Article 22 (a) and Article 50 (1) (c))]
1 – Recreational, leisure and fun activities:
Discotheques, bars and dance or party halls;
Amusement parks and recreational and similar parks for children;
Water parks and zoos, without prejudice to workers’ access for the purpose of caring for animals;
Any places for leisure sports;
Other locations or facilities similar to the previous ones.
2 – Cultural and artistic activities:
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;
Bullfighting squares, places and facilities;
Art galleries and exhibition halls;
Congress pavilions, multipurpose rooms, conference rooms and multipurpose pavilions.
3 – Educational and training activities:
Centres of study or tutoring, except for the levels of education whose activity has resumed;
Language schools, driving schools and exam centres;
Dance and music establishments.
4 – The following sports facilities, except for professional and similar sports:
Football, rugby and similar fields;
Pavilions or enclosed spaces;
Futsal, basketball, handball, volleyball, roller hockey and similar pavilions;
Tennis courts, padel courts and the like;
Skating rinks, ice hockey and the like;
Boxing rings, martial arts and the like;
Permanent circuits for motorcycles, automobiles and the like;
Racecourses and similar tracks;
Gymnasiums and gyms;
5 – Activities in open spaces, spaces and public roads, or spaces and private roads similar to public roads:
Cycling, motorcycling, motoring and similar routes, except for professional and similar sports;
Nautical events and exhibitions;
Aeronautical tests and exhibitions;
Parades and popular festivals or folkloric or other manifestations of any nature.
6 – Gaming and betting spaces:
Gambling establishments, such as bingo or similar;
Amusement equipment and the like;
Game rooms and recreational rooms.
7 – Catering activities:
Restaurants and the like, cafeterias, tea houses and the like, under the terms of articles 17, 24 and 26;
Bars and the like;
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, 24 and 26. , with the necessary adaptations;
Areas of consumption of food and beverages (food-courts) of commercial complexes, without prejudice to the provisions of paragraph 3 of article 24.
8 – Spa and spas or similar establishments.
(referred to in Article 17 (1))
1 – Grocery stores, mini-markets, supermarkets and hypermarkets.
2 – Fruit shops, butchers, fishmongers and bakeries.
3 – Fairs and markets, under the terms of article 20.
4 – Agri-food production and distribution.
5 – Auctions.
6 – Restoration, under the terms of articles 17, 24 and 26.
7 – Electronic commerce activities, as well as service provision activities that are provided remotely, without contact with the public, or that develop their activity through an electronic platform.
8 – Medical services or other health and social support services.
9 – Pharmacies and places of sale of medicines not subject to medical prescription.
10 – Establishments of medical and orthopaedic products.
11 – Opticians.
12 – Establishments of cosmetic and hygiene products.
13 – Establishments of natural and dietary products.
14 – Essential public services and respective repair and maintenance (water, electricity, natural gas and piped liquefied petroleum gases, electronic communications, postal services, wastewater collection and treatment service, wastewater collection and treatment services, wastewater services management of urban solid waste and urban hygiene and passenger transport service).
15 – Services authorized for the supply of water, the collection and treatment of waste water and / or waste generated within the scope of the activities or in the establishments referred to in this annex and in the authorized activities.
16 – Stationery and tobacconists (newspapers, tobacco).
17 – Social games.
18 – Veterinary medical care centers.
19 – Establishments for the sale of pet animals and food and feed.
20 – Establishments selling flowers, plants, seeds and fertilizers and chemical and biological phytosanitary products.
21 – Textile and fur washing and dry-cleaning establishments.
22 – Drugstores.
23 – Hardware stores and outlets selling do-it-yourself material.
24 – Fuel filling stations and charging stations for electric vehicles.
25 – Establishments of sale of fuels for domestic use.
26 – Commercial establishments for tractors and agricultural and industrial machinery, ships and vessels.
27 – Shops, maintenance and repair of bicycles, motor vehicles and motorcycles, tractors and agricultural and industrial machinery, ships and boats, as well as the sale of parts and accessories and towing services.
28 – Sales and repair establishments for household appliances, computer and communications equipment.
29 – Banking, financial and insurance services.
30 – Funeral and related activities.
31 – Home maintenance and repair services.
32 – Home security or surveillance services.
33 – Cleaning, disinfection, rat removal and similar activities.
34 – Home delivery services.
35 – Vending machines.
36 – Activity by itinerant sellers, for the provision of essential goods or other goods considered essential at the present juncture, in the locations where this activity, according to the decision of the municipality taken under paragraph 2 of article 19 necessary to guarantee access to essential goods by the population.
37 – Activity of renting goods vehicles without a driver (rent-a-cargo).
38 – Activity of renting passenger vehicles without a driver (rent-a-car).
39 – Provision of services for the execution or improvement of the Fuel Management Band Networks.
40 – Establishments selling irrigation material and equipment, as well as products related to winemaking, as well as material for accommodating fruits and vegetables.
41 – Establishments for the sale of plant protection products and biocides.
42 – Establishments selling veterinary medicines.
43 – Establishments where medical services or other health and social support services are provided, namely hospitals, doctor’s offices and clinics, dental clinics and urgent medical-veterinary care centres, as well as the support services integrated in these locations.
44 – Vehicle technical inspection centres, which can only operate by appointment.
45 – Hotels, tourist establishments and local accommodation establishments, as well as establishments that guarantee student accommodation.
46 – Service provision activities that include highways, namely service areas and fuel stations.
47 – Fuel filling stations not covered by the previous number and charging stations for electric vehicles.
48 – Establishments located inside airports located on the continental territory, after checking the security of passengers.
49 – Canteens or cafeterias that are in regular operation.
50 – Other collective catering units whose catering services are provided under a contract of continuous execution.
51 – Notaries.
52 – Hairdressing salons, barbers and beauty institutes, by appointment.
53 – Retail establishments for books and musical supports.
54 – Real estate brokerage services.
55 – Activities and establishments listed in the previous numbers, even if integrated into shopping centres.