Decree Law 70A/2020 Declaring Situation of Contingency until 23.59 hrs 30 September 2020

Please note this has been translated into English for information purposes only. For legal purposes the original Portuguese law  available from the links below prevails

 

Resolution of the Council of Ministers no. 70-A / 2020

Publication: Diário da República no. 178/2020, 1st Supplement, Series I of 2020-09-11

Issuer:   Presidency of the Council of Ministers

 Diploma Type:   Resolution of the Council of Ministers

 Number:   70-A / 2020

 Pages:   6- (2) to 6- (15)

 ELI:    https://data.dre.pt/eli/resolconsmin/70-A/2020/09/11/p/dre

 

Portuguese PDF version: Download

 Original Portuguese version – Please Download here 

 

SUMMARY

Declares the contingency situation, in the context of the COVID-19 disease pandemic

TEXT

Resolution of the Council of Ministers no. 70-A / 2020

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

The epidemiological situation in Portugal as a result of the pandemic of the disease COVID-19 has justified the adoption of several measures in order to prevent, contain and mitigate the transmission of infection.

To date, the reality experienced in Portugal justifies the adoption of more restrictive measures than those that have been taken in the weeks leading up. On the one hand, there is an increase in new daily cases of contagion of the disease. On the other hand, with the beginning of the school year and the expected increase in the number of people in circulation, namely in public transport in areas with a high population density, it would also be expected that, in the absence of more restrictive measures, there would be an increase in contagion cases.

The decision now taken had, moreover, already been announced, since the principle of precaution in public health already recommended that more restrictive measures be adopted – as a preventive measure, even if this did not have an exact correspondence with the worsening of the epidemiological situation, namely regarding the increase in the number of daily cases.

Thus, for the above reasons, and for public health reasons, it is necessary to declare the contingency situation, under the terms of the Basic Law of Civil Protection, approved by Law No. 27/2006 , of July 3, in its wording current.

In general terms, this resolution renews the exceptional and specific measures applicable, namely, to the activities of retail trade establishments, the provision of services, catering establishments and access to services and public buildings, as well as the remaining additional measures and exception to the interruption of the transmission chains of the disease COVID-19. Among the new measures adopted, the fact that the prohibition on the sale of alcoholic beverages at fuel filling stations is now applicable throughout the national territory – their sale in retail stores, including supermarkets and hypermarkets, starting at 8:00 pm – and the consumption of alcoholic beverages in open spaces accessible to the public and public roads,

As a result of the geographical extension of the contingency level to the whole country, the limit of 10 persons for the purposes of agglomeration of persons also applies throughout the national territory.

It should also be stressed that the possibility to fix the opening hours of establishments in the respective geographical area, even if limited to certain limits – from 8 pm, is also applicable throughout the national territory: 00:00 to 23:00 – and with the favourable opinion of the local health authority and security forces.

In all restaurants, cafes and pastry shops located within a radius of 300 meters from an educational establishment or a higher education institution, the maximum limit of four people per group is fixed. In areas of food court restoration, a maximum limit of four people per group is defined. It is also clarified that the limit of 10 people also applies within restaurants or similar establishments.

Finally, specific work organization rules applicable to the Lisbon and Porto Metropolitan Areas are established, determining, in particular, the mandatory adoption of measures to prevent and mitigate the risks arising from the COVID-19 disease pandemic.

Like this:

Under the terms of articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, pursuant to the provisions of article 2 of Law no. 1- A / 2020 , of 19 March, in its current wording, of article 17 of Law no. 81/2009 , of 21 August, of no. 6 of article 8 and of article 16 of Law no. 27/2006 , of July 3, in its current wording, and in paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:

1 – To declare, following the epidemiological situation of COVID-19, until 11:59 pm on September 30, 2020, the contingency situation in the entire continental national territory.

2 – To determine, without prejudice to the powers of the Minister of State, Economy and Digital Transition, the Minister for Internal Administration, the Minister for Modernization of the State and Public Administration, the Minister for Health, the Minister for the Environment and Climate Action and the Minister of Infrastructure and Housing, which can be exercised jointly with the members of the Government responsible for the respective sectorial areas, when applicable, the adoption, throughout the national territory, of the following exceptional measures, necessary to combat COVID -19, as well as those provided for in the regime attached to this resolution and which is an integral part:

a) Establishment of rules to protect the individual and collective health of citizens;

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

c) Limitation or conditioning of certain economic activities;

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

e) Establishment of rules applicable to air traffic and airports;

f) Rationalization of the use of public transport, communications and water and energy services, as well as the consumption of essential goods.

3 – Reinforce, without prejudice to the preceding paragraphs, that it is incumbent upon the security forces and services and the municipal police to monitor compliance with the provisions of this resolution, by:

a) The closure of establishments and the cessation of activities provided for in Annex I to the regime attached to this resolution and of which it forms an integral part;

b) 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, approved by Decree-Law no. 48/95, of 15 March, in its current wording, of Article 6 of Law No. 27/2006, of July 3, in its current wording, for violation of the provisions of Article 3 of the regime attached to this resolution, as well as mandatory confinement by those subject to it under the terms of article 2 of the said regime;

c) Advice on the non-concentration of people on the public road and the dispersion of concentrations above 10 people, unless they belong to the same household.

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

5 – Determine, within the scope of the declaration of the contingency situation, the activation of the territorially competent political coordination structures, which assess the need to activate the civil protection emergency plan.

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

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

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

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

7 – To recommend to the parish councils, within the framework of ensuring compliance with the provisions of the regime attached to this resolution, the signalling, with the security forces and services, as well as the municipal police, of the establishments to be closed, to guarantee the cessation activities set out in Annex I to the regime attached to this resolution.

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

9 – Determine that, by decision of the regionally competent regional health administration and public health department, monitoring teams for citizens in a situation of mandatory confinement can be set up, with representatives of the local health authority, municipal civil protection, social security and , when necessary, security forces and services.

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 July 3 , in its current wording, the duty of collaboration, namely in the fulfilment of orders or instructions from the health authorities, from the bodies and agents responsible for internal security and civil protection and in the prompt satisfaction of requests that are justifiably made to them by the competent entities for the implementation of the measures that justify the present contingency declaration.

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

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

13 – To determine that the publication of this resolution constitutes sufficient comminution for all legal purposes, namely for the fulfilment of the type of crime of disobedience.

14 – Repeal the Resolutions of the Council of Ministers no. 55-A / 2020 , of July 31, 63-A / 2020 , of August 14, and 68-A / 2020 , of August 28.

15 – To determine that this resolution takes effect at 00:00 on September 15, 2020.

Presidency of the Council of Ministers, September 10, 2020. – The Prime Minister, António Luís Santos da Costa.

 

ATTACHMENT

(Contingency situation regime referred to in paragraph 2 of this resolution)

Article 1

Object

The present regime establishes exceptional and temporary measures to respond to the SARS-CoV-2 epidemic and COVID-19 disease in the context of the contingency statement.

Article 2

Mandatory containment

1 – Are in compulsory confinement, in a health establishment, at their home or in another place defined by health 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 – In geographical areas of high population density, and according to the assessment of the epidemiological situation and the specific risk, the responsibility of the regional health administration and the territorial health department, the citizens subject to mandatory confinement can be accompanied to effects of the provision of social and health needs, through a joint visit by the municipal civil protection, the municipal social action services, the social action services of the Social Security Institute, IP, or others with the same competencies, from the health authorities public health, care units and security forces.

Article 3

Closed facilities and establishments

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

2 – Except for the provisions of the preceding paragraph, facilities and establishments whose activity will be authorized by the Government member responsible for the area of ​​activity to be resumed, after issuing a favourable technical opinion by the Directorate-General for Health (DGS).

3 – In the absence of publication of technical-normative documents or specific guidelines from the DGS for resuming the operation of a certain activity, legally authorized by the government area responsible for the area of ​​activity to be resumed, the recommendations provided for in the Recommendations Guide by theme and sector of activity, published by DGS.

Article 4

Teleworking and work organization

1 – The employer must provide the worker with appropriate health and safety conditions to prevent the risk of contagion arising from the COVID-19 disease pandemic, and may, in particular, adopt the teleworking regime, under the terms provided for in the Labour Code, approved by Law No. 7/2009 , of February 12, in its current wording.

2 – Without prejudice to the possibility of adopting the teleworking regime in the general terms provided for in the Labour Code, this regime is mandatory when required by the worker, regardless of the employment relationship and whenever the functions in question permit, in the following situations:

a) The worker, through medical certification, is covered by the exceptional protection regime for immunocompromised and chronically ill patients, under the terms of article 25-A of Decree-Law no. 10-A / 2020, of 13 March, in its current wording;

b) The worker with a disability, with a degree of disability equal to or greater than 60%.

3 – The teleworking regime is still mandatory, regardless of the employment relationship and whenever the functions in question allow it, when the physical spaces and the work organization do not allow compliance with the guidelines of the DGS and the Authority for Working Conditions on matter, to the strictest extent necessary.

4 – In situations in which the teleworking regime is not adopted under the terms provided for in the Labour Code, they may be implemented, within the maximum limits of the normal working period and with respect for the right to daily and weekly rest provided for by law or in an instrument collective labour regulation applicable, preventive measures and mitigation of risks arising from the COVID-19 disease pandemic, namely the adoption of worker turnover scales between the teleworking regime and the work performed in the usual workplace, daily or weekly , different times of arrival and departure or different times for breaks and meals.

5 – In the Metropolitan Areas of Lisbon and Porto, the provisions of the preceding paragraph are mandatory, unless this appears manifestly impracticable.

6 – For the purposes of paragraph 4, the employer may change the organization of working time under the respective management power.

7 – For the purposes of the provisions of paragraphs 5 and 6, the procedure provided for in the applicable legislation must be respected.

Article 5

Sale and consumption of alcoholic beverages

1 – The sale of alcoholic beverages in service areas or at fuel filling stations and, starting at 8:00 pm, in retail stores, including supermarkets and hypermarkets, is prohibited.

2 – It is forbidden to consume alcoholic beverages in open spaces accessible to the public and on public roads, except for the outside spaces of duly licensed catering and beverage establishments.

3 – In the period after 8:00 pm, the exception provided for in the final part of the previous paragraph allows only the consumption of alcoholic beverages within the scope of the meal service.

Article 6

Private vehicles with capacity for more than five seats

Private vehicles with a capacity for more than five seats can only drive, unless all occupants belong to the same household, with two thirds of their capacity, and the occupants must wear a mask or visor, with the exceptions provided for in Article 13-B of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording.

Article 7

Rules of occupation, permanence and physical distance

1 – In all places open to the public, 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 persons per square meter of area, with the exception of service provision establishments;

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

c) Ensuring that people remain within the space only for the time strictly necessary;

d) The prohibition of waiting situations for assistance within service provision establishments, with economic operators preferably having to resort 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, provided that they do not contravene the provisions of the present regime.

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, as much as possible, the concentration of people at the entrance to spaces or establishments.

Article 8

Hygiene rules

Places open to the public must observe the following hygiene rules:

a) The provision of the service and the transport of products must be carried out with respect for the necessary 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 retail clothing and similar establishments, during this phase, access control to the fitting rooms should be promoted, safeguarding, when applicable, the partial inactivation of some of these spaces, in order to guarantee the minimum distances safety, and ensuring the disinfection of the dials, clothing supports and hangers after each use, as well as the availability of skin disinfectant solutions for use by customers;

f) In case of exchanges, returns or used products return, operators should, whenever possible, ensure their cleaning and disinfection before they are again available for sale, unless this is not possible or compromises the quality of the products;

g) Other rules defined in codes of conduct approved for certain sectors of activity or establishments, provided that they do not contravene the provisions of the present regime.

Article 9

Skin disinfectant solutions

Retail establishments or service providers should seek to ensure the availability of skin disinfectant solutions, for workers and customers, at all entrances and exits of establishments, as well as inside, in suitable locations for disinfection in accordance with the organization of each space.

Article 10

Opening hours

1 – Without prejudice to paragraph 3, the establishments that resumed their activity under the Resolution of the Council of Ministers no. 33-A / 2020 , of 30 April, of the Resolution of the Council of Ministers no. 38 / 2020 , of May 17, of the Resolution of the Council of Ministers no. 40-A / 2020 , of May 29, in its current wording, of Resolution of the Council of Ministers no. 51-A / 2020 , of 26 June, of the Resolution of the Council of Ministers no. 53-A / 2020 , of July 14, and of the Resolution of the Council of Ministers no. 55-A / 2020 , of July 31, in its current wording, cannot open before 10:00 am.

2 – Except for the provisions of the previous number, hairdressing salons, barbers, beauty institutes, restaurants and the like, coffee shops, tea houses and the like, driving schools and technical vehicle inspection centres, as well as gyms and gyms.

3 – The establishments close between 8:00 pm and 11:00 pm, and the closing time, within this interval, as well as the opening time, may be fixed by the mayor of the municipality with territorial approval upon a favourable opinion from the local authority of health and security forces.

4 – The maintenance of the closing hours in force at the entry into force of this resolution does not require the dispatch provided for in the preceding paragraph if these hours fall within the interval between 20:00 and 23:00.

5 – Except for the provisions of paragraph 3:

a) Catering establishments exclusively for the purpose of serving meals in the establishment itself;

b) Catering establishments and the like that continue the confection activity intended for consumption outside the establishment or delivery at home, directly or through an intermediary, who cannot supply alcoholic beverages within the scope of this activity;

c) Educational, cultural and sports establishments;

d) Pharmacies and places of sale of medicines not subject to medical prescription;

e) Offices and clinics, namely dental clinics and emergency veterinary medical care centres;

f) Funeral and related activities;

g) Establishments for the provision of 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), which may, whenever the respective opening hours permit , close at 01:00 am and reopen at 06:00 am;

h) Establishments located inside airports, after checking the security of passengers.

6 – The opening hours of retail establishments or the provision of services can be adjusted, in order to guarantee a delay in the opening or closing time, on their own initiative, by concerted decision, by decision of space managers. where the establishments or the member of the Government responsible for the economy are located, in which case the closing time may be postponed for an equivalent period, provided that within the limits and rules defined under this article.

7 – Retail or service establishments may close at certain times of the day to ensure cleaning and disinfection operations for employees, products or space.

8 – This resolution is without prejudice to acts that have been adopted by mayors of municipalities under paragraph 9 of article 5 of the regime attached to Resolution of the Council of Ministers no. 55-A / 2020 , of 31 July, in the wording given by the Resolutions of the Council of Ministers no. 63-A / 2020 , of 14 August, and no. 68-A / 2020 , of 28 August, provided that they are compatible with the limits set in paragraph 3.

Article 11

Priority service

Retail or service establishments should give priority to healthcare professionals, members of the security, protection and rescue forces and services, armed forces personnel and the provision of social support services.

Article 12

Duty to provide information

Retail establishments or service providers must inform customers clearly and visibly about the new rules for maximum occupancy, operation, access, priority, service, hygiene, safety and other relevant rules applicable to each establishment.

Article 13

Events

1 – Celebrations and other events that involve an agglomeration of people in excess of 10 people are not allowed, unless they belong to the same household, without prejudice to the provisions of the following number.

2 – DGS defines specific guidelines for the following events:

a) Religious ceremonies, including community celebrations;

b) Events of a family nature, including weddings and baptisms, whether in terms of civil or religious ceremonies, or in relation to other commemorative events;

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

3 – In the absence of guidance from the DGS, event organizers must observe, with the necessary adaptations, the provisions of articles 7 to 9, as well as in article 16 regarding the catering spaces in these involved, and participants wear a mask or visor in closed spaces.

4 – 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 for their realization.

5 – In duly justified situations, the members of the Government responsible for the areas of internal administration and health may, jointly, authorize the holding of other celebrations or events, defining the respective terms.

Article 14

Funerals

1 – The holding of funerals is subject to the adoption of organizational measures that guarantee the absence of clusters of people and the control of safety distances, namely the establishment of a maximum attendance limit, to be determined by the local authority that exercises management powers of the respective cemetery.

2 – From the limit established under the terms of the preceding paragraph, it cannot result in the impossibility of being present at the funeral of a spouse or de facto partner, ascendants, descendants, relatives or the like.

Article 15

Rules applicable to air traffic and airports

1 – Passengers on flights originating in countries to be defined by order of the Government members responsible for the areas of foreign affairs, national defence, internal administration, health and civil aviation, must present, upon departure, a proof of carrying out a molecular test by RT-PCR for screening for infection by SARS-CoV-2 with a negative result, performed within 72 hours prior to the time of embarkation, under penalty of being denied boarding the aircraft and entering national territory .

2 – National citizens and foreign citizens with legal residence in national territory, as well as diplomatic personnel placed in Portugal, who, exceptionally, do not have proof of carrying out a molecular test by RT-PCR for screening for SARS-CoV infection. -2 with a negative result, under the terms of the previous number, upon arrival, before entering national territory, are referred, by the competent authorities, to carry out the said test at their own expense.

3 – The laboratory tests referred to in the preceding paragraph are carried out and made available by ANA – Aeroportos de Portugal, SA (ANA, SA), through qualified health professionals, 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 in the national 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 38ºC, as defined by the DGS, must be immediately directed to a space suitable for the repetition of the temperature measurement body, 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 the purpose, even if subcontracted.

7 – Passengers referred to in paragraph 2, as well as those who are detected with a body temperature equal to or greater than 38ºC and who perform the molecular test by RT-PCR to screen for SARS-CoV-2 infection, they can leave the airport as long as they provide their contact details and remain in mandatory isolation and confinement at their destination locations, in accordance with Article 2, until receiving the result of the said laboratory test.

8 – The provisions of paragraphs 4 to 7 do not apply to airports in the Autonomous Regions of Madeira and the Azores.

Article 16

Restaurants and the like

1 – The operation of catering establishments and the like is only 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 the present regime;

b) Occupancy, within the establishment, is limited to 50% of the respective capacity, as defined in article 133 of the annex to Decree-Law no. 10/2015, of 16 January, in its current wording, or, alternatively, impermeable physical barriers of separation are used between customers who are face to face and a distance between tables of 1.5 meters;

c) From 00:00 h public access is excluded for new admissions;

d) Close at 1:00 am;

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

f) Groups of more than 10 people are not allowed to stay, unless they belong to the same household.

2 – Until 8:00 pm on working days, in catering establishments, cafes, pastry shops or similar that are located within a radius of 300 meters from an educational establishment, basic or secondary, or from a higher education institution , groups of more than four people are not allowed to stay, unless they belong to the same household.

3 – Occupation or service on terraces is only permitted, provided that the DGS guidelines for the restaurant sector are respected, with the necessary adaptations.

4 – In the areas of consumption of food and drinks (food-courts) of the commercial groups, groups of more than four people are not allowed to stay, unless they belong to the same household, and provision should be made for the organization of the space in order to avoid crowds of people and to respect, with due adaptations, the DGS guidelines for the catering sector.

5 – Catering establishments and the like that intend to maintain their respective activity, totally or partially, for the purpose of cooking intended for consumption outside the establishment or delivery at home, directly or through an intermediary, are exempted from a license for cooking intended for consumption outside establishment or home delivery and may determine to their workers, provided that with their consent, participation in the respective activities, even if they are not part of the object of the respective employment contracts.

Article 17

Bars and other beverage establishments

1 – The bars, other drinks establishments without a show and the drinks establishments with dance space remain closed, by means of Decree-Law no. 10-A / 2020 , of 13 March, in their current wording.

2 – Without prejudice to the provisions of the preceding paragraph, bars, other drink establishments without a show and drink establishments with dance space may operate subject to the rules established in this resolution for cafes or pastry shops, without the need to change the respective classification of economic activity, provided that:

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

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

3 – Any measures in force territorially more restrictive are applicable to establishments operating under the terms of the previous numbers.

Article 18

Fairs and markets

1 – There must be a contingency plan for COVID-19 disease for each fair or market, prepared by the competent local authority or approved by it, in the case of fairs and markets under the exploitation of private entities.

2 – The contingency plan must be made available on the municipality’s website.

3 – The reopening of fairs and markets must be preceded by actions to raise the awareness of all marketers and traders, regarding the implementation of the contingency plan and other prevention measures and hygiene practices.

4 – The said contingency plan must, with the necessary adaptations, respect the rules in force for retail trade establishments regarding occupation, permanence and physical distance, as well as the DGS guidelines, providing for a set of prevention and control procedures. infection control, 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 obligation to comply 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, either inside or 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 treatment of waste, particularly with regard to personal protective equipment.

5 – The resumption of activity, at fairs and markets, of providing non-sedentary catering and drinks services or of other service providers accompanies the phased reopening of the corresponding activities carried out in a commercial establishment.

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. .

Article 19

Public services

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

2 – For the services covered by this article, the provisions of articles 8 and 11 apply.

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

Article 20

Museums, monuments, palaces, archaeological sites and the like

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

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

b) Ensure that each visitor has a minimum area of ​​20 m2 and a minimum distance of 2 meters for anyone other than his cohabitant;

c) Ensure, whenever possible:

i) The creation of a unique sense of visit;

ii) Limiting access to visits to small spaces;

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

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

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

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

g) Give priority to carrying out transactions by TPA.

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

3 – The occupation or service in terraces of cultural facilities is only permitted, provided that the guidelines of the DGS for the catering sector are respected, with the necessary adaptations.

4 – In the areas of consumption of catering and beverages for cultural facilities, the guidelines defined by the DGS for the catering sector must be respected.

Article 21

Cultural events

1 – Notwithstanding the provisions of paragraph 1 of article 13, the operation of theatres, exhibition of cinematographic films and the like, as well as cultural events held in the open air is permitted, provided that:

a) The rules defined in Articles 7 and 8 are observed, with the necessary adaptations;

b) In theatres or theatres of cinematographic films, it should be reduced, whenever necessary, observing the following guidelines:

i) Occupied seats have an interval between spectators who are not cohabiting, and in the next row the occupied seats must be unmatched;

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

c) In the open spaces of spectacles, the capacity of the venue observes the following guidelines:

i) The places are previously identified, observing a physical distance between spectators of 1.5 meters;

ii) If there is a stage, a minimum distance of at least 2 meters between the mouth of the scene and the first row of spectators is guaranteed;

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

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

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

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

h) Other rules defined by the DGS are observed.

2 – In the areas of consumption of catering and beverages of these cultural facilities, the guidelines defined by the DGS for the catering sector must be respected.

3 – For the purposes of this resolution, events of a cultural nature organized under this article are not considered to be concentrations of persons.

Article 22

Physical and sports activity

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

2 – Sports facilities in operation are governed by the provisions of article 8, with the necessary adaptations.

Article 23

Measures in the context of residential structures

The special duty of protection of residents in residential structures for the elderly, integrated continuous care units of the National Network of Integrated Continuous Care and other responses dedicated to the elderly, as well as children, young people and people with disabilities, given their special vulnerability, involves:

a) Self-surveillance of disease symptoms by professionals assigned to these units and their regular screening in order to identify suspected cases early;

b) Conducting tests on all residents if a positive case is detected in any contact;

c) 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;

d) Permission to carry out visits to users, observing the rules defined by the DGS, and assessing the need to suspend them for a limited time and according to the specific epidemiological situation, in conjunction with the local health authority;

e) 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;

f) Operationalization of district-based rapid intervention teams, composed of direct action technicians, general service assistants, nurses, psychologists and doctors with the capacity for immediate action to contain and stabilize outbreaks of COVID-19 disease;

g) Maintenance of monitoring by multidisciplinary teams.

Article 24

Gambling, casinos, bingo or similar establishments

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

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

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

c) Give priority to carrying out transactions by TPA;

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

Article 25

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, gyms or similar establishments.

2 – In these establishments, the guidelines defined by the DGS must be respected.

Article 26

Amusement equipment and similar

1 – The operation of amusement and similar equipment 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 location authorized, under the legal terms, by the local authority with jurisdiction;

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

2 – Amusement and similar equipment authorized to operate under the terms of the preceding paragraph are subject to inspection by the competent entities under the terms of this resolution.

 

ANNEX I

(Referred to in Article 3 (1))

1 – Recreational, leisure and fun activities:

Dance or party halls;

Amusement parks and recreational and similar parks for children;

Other places or facilities similar to the previous ones, without prejudice to the provisions of article 26 of the contingency situation regime.

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

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

3 – Gaming and betting spaces:

Game rooms and recreational rooms.

4 – Beverage establishments:

Drinks and similar establishments, with or without dance spaces, except for those integrated in tourist establishments and local accommodation, to provide exclusive service to the respective guests, without prejudice to the provisions of article 17 of the contingency regime.

113559396