Decree Law 11-2020 Regulates the application of the State of Emergency 9th -23rd December 2020

Informal translation into English. In all cases the original in Portuguese prevails

Decree No. 11/2020

Publication: Diário da República No. 236-A / 2020, Series I of 2020-12-06

 Issuer: Presidency of the Council of Ministers

 Proponent Entity: Presidency of the Council of Ministers

 Diploma Type: Decree

 Number: 11/2020

 Pages: 2 – 33

 ELI:  https://data.dre.pt/eli/dec/11/2020/12/06/p/dre

PDF version: Download

 

INDEX To CHAPTERS AND ARTICLES

Summary

Text

CHAPTER I – Purpose and scope

Article 1 – Object

Article 2 – Territorial application

 

CHAPTER II – General provisions applicable to the entire continental national territory

SECTION I – Sanitary and public health measures

Article 3 – Mandatory containment

Article 4 – Use of masks and visors

Article 5 – Body temperature control

Article 6 – Conducting diagnostic tests for SARS-CoV-2

Article 7 – Exceptional suspension of termination of employment contracts

Article 8 – Exceptional measures in the field of public health

Article 9 – Enhanced screening capacity

Article 10 – Armed Forces participation in epidemiological surveys and tracking patient contacts

SECTION II – Measures applicable to activities, establishments, services, companies or similar

Article 11 – Closed facilities and establishments

Article 12 – Authorizations or suspensions in special cases

Article 13 – General provisions applicable to places open to the public

Article 14 – Exceptions to the rules on suspension of activities, closure of establishments and opening hours

Article 15 – Opening hours

Article 16 – Restaurants and the like

Article 17 – Bars and other beverage establishments

Article 18 – Sale and consumption of alcoholic beverages

Article 19 – Private vehicles with capacity for more than five seats

Article 20 – Funerals

Article 21 – Rules applicable to air traffic and airports

Article 22 – Public services

Article 23 – Measures in the context of residential structures

Article 24 – Fairs and markets

Article 25 – Personal care and aesthetics

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

Article 26 – Cultural events

Article 27 – Museums, monuments, palaces, archaeological sites and the like

Article 28 – Academic activities

Article 29 – Physical and sports activity

Article 30 – Gambling establishments

Article 31 – Amusement equipment and similar

 

CHAPTER III – Special provisions for moderate-risk municipalities

Article 32 – Closing times in moderate risk counties

Article 33 – Events in moderate risk counties

 

CHAPTER IV – Special provisions for high-risk municipalities

Article 34 – Prohibition of circulation on public roads in high-risk municipalities

Article 35 – General duty of home collection in high-risk municipalities

Article 36 – Closing times in high risk counties

Article 37 – Fairs and markets in high-risk counties

Article 38 – Events in high risk counties

 

CHAPTER V – Special provisions for very high and extreme risk municipalities

Article 39 – Prohibition of circulation on public roads in municipalities with very high and extreme risk

Article 40 – Prohibition of circulation on public roads on Saturdays and Sundays

Article 41 – Measures for very high and extreme risk municipalities

Article 42 – General duty of home collection in municipalities of very high and extreme risk

Article 43 – Retail and service activities on Saturdays and Sundays in very high and extreme risk counties

 

CHAPTER VI – Possible renewal

SECTION I – General provision

Article 44 – Possible renewal of the state of emergency

SECTION II – Provisions applicable during the Christmas period

Article 45 – Prohibition of circulation from 23 to 26 December

Article 46 – General duty of home collection from December 23 to 26

Article 47 – Hours in the culture sector and in the catering sector from December 24 to 26

SECTION III – Provisions applicable during the New Year period

Article 48 – Limitation on movement between municipalities between 31 December and 4 January

Article 49 – Prohibition of circulation on December 31 and January 1

Article 50 – General duty of home collection on December 31 and January 1

Article 51 – Hours in the catering sector on December 31 and January 1

Article 52 – Festivals and celebrations on December 31 and January 1

 

CHAPTER VII – Final dispositions

Article 53 – Execution at local level

Article 54 – National defence

Article 55 – Internal administration

Article 56 – Civil protection

Article 57 – Regulations and implementing acts

Article 58 – Oversight

Article 59 – General duty of cooperation

Article 60 – Safeguarding measures

Article 61 – Transitional provision

Article 62 – Entry into force and duration

ANNEX I – (referred to in Article 2 (2) Moderate risk counties

ANNEX II – (referred to in Article 2 (3) High Risk counties

ANNEX III – (referred to in Article 2 (4) Very high risk counties

ANNEX IV – (referred to in Article 2 (4)) Extreme risk counties

ANNEX V [referred to in Article 11, Article 12 (a) and Article 58 (1) (c)]

 

SUMMARY

Regulates the application of the state of emergency decreed by the President of the Republic

TEXT

Decree No. 11/2020

of December 6

Summary: Regulates the application of the state of emergency decreed by the President of the Republic.

In view of the evolution of the epidemiological situation, on 6 November, the President of the Republic declared the state of emergency, with a limited scope, in a proportional manner and appropriate to the epidemiological situation. In the terms in which it was decreed, the state of emergency brought reinforced guarantees of legal security for the measures adopted – or to be adopted – by the competent authorities for the prevention and response to the COVID-19 disease pandemic, in areas such as freedom of displacement, the control of people’s health status, the use of private and social or cooperative health care facilities and the call for human resources to strengthen the screening capacity. In this context, Decree No. 8/2020, of November 8, proceeded to the regulation of the state of emergency, focusing on the four mentioned domains.

The declaration of a state of emergency was renewed by the Decree of the President of the Republic no. 59-A / 2020 , of 20 November, for an additional period of 15 days, and Decree no. 9 was subsequently published. / 2020 , of November 21, which regulated the extension of the state of emergency. Within the scope of this decree, it was considered that, since the epidemiological situation is not uniform throughout the national territory, it would be important to adapt the measures according to the situation and heterogeneity in each municipality, in order to rank the intensity of the applicable measures according to the level of risk. Thus, four levels were set: moderate, high, very high and extreme.

On December 4, the declaration of a state of emergency was renewed again by Decree of the President of the Republic no. 61-A / 2020 , of December 4, for an additional period of 15 days.

However, considering the approaching court and the circumstance that the state of emergency ends on December 23, it is necessary, for reasons of anticipation of the communication of the measures applicable in that period, to predict, now, the period month, which will end on January 7, 2021.

In this way, the Government now establishes measures for the entire period, without prejudice to the assessment of the epidemiological situation and the eventual renewal of the state of emergency, ensuring greater predictability and allowing citizens to know the rules in advance for this period. end of year so important for everyone. It does so, of course, safeguarding that these measures will only apply if the state of emergency is renewed (and only from that moment on) in terms that enable such restrictions.

The Government thus proceeds to implement the state of emergency decreed by the President of the Republic, throughout the continental national territory, in the period between 00:00 on December 9 and 23:59 on December 23 2020, equally defining the rules for its eventual renewal.

Essentially, the current rules are maintained, in order to ensure stability to the measures taken in the previous fortnight.

However, without prejudice to the aforementioned regarding the entry into force of these measures, special rules for the period of Christmas and New Year are already defined, to be in effect between 00:00 on December 24, 2020 and 23 : 59 h of January 7, 2021, if the declaration of state of emergency is renewed.

Thus, with regard to the rule on the ban on driving on public roads currently in force in municipalities with high, very high and extreme risk, it is not applicable on 23 December, in the period after 11 pm until 5 am : 00 h the next day, for those who are traveling, not on the 24th and 25th of December until 02:00 h the next day.

On December 26th, such prohibition will be in effect, in the counties where applicable, from 23:00. The driving ban will also not apply between 5:00 am on December 31, 2020 and 2:00 am on January 1, 2021.

The general duty of home collection, in force in high, very high and extreme risk counties, is not applicable from 23 to 26 December 2020, inclusive, as well as between 5:00 am on December 31, 2020 and at 2:00 am on January 1, 2021.

Less restrictive hours are also established for the culture and catering sector, regardless of their location, on December 24th and 25th.

Additionally, on the 26th of December, the catering establishments and the like can operate, for the purpose of serving meals in the establishment, until 15:30 h.

On December 31st, catering establishments and the like, regardless of their location, may close until 01:00 h.

On the 1st of January, in the municipalities of very high and extreme risk, the catering establishments and the like can only operate, with regard to the meal service in the establishment, until 15:30 h.

It is also determined the prohibition of movement between municipalities in the period between 00:00 h of December 31, 2020 and 05:00 h of January 4, 2021, except for health reasons, of imperative urgency or others specifically provided for.

Finally, it is prohibited to hold parties or celebrations public or open to the public of a non-religious nature on December 31, 2020 and January 1, 2021.

Like this:

Under the terms of paragraph g) of article 199 of the Constitution, the Government decrees:

 

CHAPTER I

Purpose and scope

Article 1

Object

This decree regulates the extension of the state of emergency effected by the Decree of the President of the Republic no. 61-A / 2020 , of 4 December, as well as its possible renewal.

Article 2

Territorial application

1 – The provisions of articles 3 to 31 and 44 to 62 are applicable to the entire continental national territory.

2 – The provisions of articles 32 and 33 are applicable only to municipalities considered by the Directorate-General for Health (DGS) to be of moderate risk, which are listed in annex i of this decree and of which they form an integral part. (moderate risk counties).

3 – The provisions of articles 34 to 38 are applicable only to municipalities considered by DGS to be of high risk, which are listed in annex ii of this decree and of which they form an integral part (high risk municipalities).

4 – The provisions of articles 39 to 43 are applicable only to municipalities considered by DGS to be of very high and extreme risk, which are listed, respectively, in annexes iii and iv of this decree and of which they form part (high-risk municipalities and extreme-risk municipalities, respectively).

CHAPTER II

General provisions applicable to the entire continental national territory

SECTION I

Sanitary and public health measures

Article 3

Mandatory containment

1 – They are in mandatory 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 regionally competent health administration and the public health department, the 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.

Article 4

Use of masks and visors

1 – It is mandatory to use masks or visors to access or stay in workplaces whenever the physical distance recommended by 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 .

Article 5

Body temperature control

1 – Measurements of body temperature may be performed by non-invasive means, in controlling access to the workplace, to public services or institutions, to educational, teaching and vocational training establishments, to commercial, cultural or sports spaces, to media transport facilities, health facilities, prisons or educational centers, as well as residential structures.

2 – People 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, 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 made 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, and no physical contact with the person is permitted. 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 body temperature measurement;

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

7 – In cases where the provision in subparagraph b) of the previous number determines the impossibility of a worker to have access to the respective workplace, the absence is justified.

Article 6

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 and visitors of 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;

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

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

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

iii) Prison Guard Corps workers and other workers of the Directorate-General for Reintegration and Prison Services (DGRSP), in the exercise of their functions and because of them, for the purposes of access and permanence in the workplace;

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 national territory or the Autonomous Regions by air or sea;

f) Anyone wishing to access places determined for this purpose by DGS.

2 – The performance of diagnostic tests for SARS-CoV-2 referred to in the previous number is determined by the person in charge of the respective establishment or service, except in the case of subparagraph d), in which it is done by order of the Director General of 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 access the respective workplace, the absence is justified.

Article 7

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 services and establishments integrated in the National Health Service (SNS) is suspended, temporarily and exceptionally, regardless of the nature. of the bond, either on the initiative of the employer or on the initiative of the worker, except in exceptional situations duly substantiated and authorized by the governing body.

2 – The provisions of the preceding paragraph also apply to the termination of individual employment contracts by revocation or termination and the termination of employment contracts in public functions upon termination by agreement, termination or exoneration, at the request of the worker.

Article 8

Exceptional measures in the field of public health

1 – The member of the Government responsible for health, with the power to delegate, determines:

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

b) Exceptional measures for the use of services and establishments integrated in the NHS with services providing health care in the private and social sectors, in terms of health care provision;

c) The mobilization of workers from services and establishments integrated in the SNS who require termination due to denunciation of the respective employment contracts or employment contracts in public functions;

d) 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 Government member responsible for the health area, in conjunction with the Government member responsible for 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.

Article 9

Enhanced screening capacity

1 – With a view to strengthening the screening capacity of the authorities and public health services, the mobilization of human resources can be determined, namely to carry out epidemiological surveys, to track contacts of patients with COVID-19 and to follow people under active surveillance .

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 monitoring 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 workers 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 staff of 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 persons operationalized by dispatch 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.

Article 10

Armed Forces participation in epidemiological surveys and tracking patient contacts

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

SECTION II

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

Article 11

Closed facilities and establishments

The facilities and establishments referred to in annex v of this decree and of which they form an integral part are closed, without prejudice to the provisions of the following article.

Article 12

Authorizations or suspensions in special cases

The member of the Government responsible for the area of ​​the economy can, by order:

a) Allow the opening of some facilities or establishments referred to in annex v 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 current situation;

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

c) Determine the exercise of retail trade by wholesalers, if it proves to be essential to maintain the continuity of product distribution chains to consumers;

d) Limit or suspend the exercise of activities of retail trade or provision of services, if the respective exercise becomes manifest as dispensable or undesirable in the context of combating the contagion and spread of the virus.

Article 13

General provisions applicable to places open to the public

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 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 preferably having recourse 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 the 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, 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 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 retail clothing and similar establishments, control of access to the changing rooms should be promoted, safeguarding, when applicable, the partial inactivation of some of these spaces, in order to guarantee the minimum safety distances, and guaranteeing whether the disinfection of the displays, 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 being made available for sale again, 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 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 establishments or service providers must give priority to health professionals, elements of the security, protection and rescue forces and services, personnel from the Armed Forces and the provision 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 establishments or service providers must inform customers, in a clear and visible manner, regarding the rules of maximum occupancy, operation, access, priority, service, hygiene, safety and other relevant rules applicable to each establishment.

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

Article 14

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

There are no rules set out in this decree regarding the suspension of activities, the closure of establishments or the opening, opening or closing hours of establishments, regardless of their location or area:

a) To establishments where medical services or other health and social support services are provided, namely hospitals, doctor’s offices and clinics, dental clinics and medical-veterinary care centers with urgency, as well as the support services integrated in these places;

b) pharmacies;

c) Educational, teaching and vocational training establishments, daycare centers, centers for occupational activities and spaces where full-time school responses are available, including activities for animation and family support, the family support component and curriculum enrichment;

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

e) Establishments that provide funeral and related activities;

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

g) Fuel filling stations not covered by the preceding paragraph, as well as charging stations for electric vehicles, exclusively in the part related to the sale of fuel and supplying or loading vehicles to the public within the scope of travel permitted in each territory;

h) 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);

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

Article 15

Opening hours

1 – Without prejudice to the provisions of the following number and paragraph 3, establishments that have never closed under previous measures related to COVID-19 disease may only open to the public before 10:00 am, such, namely, those contained in annex ii of Decree no. 2-C / 2020 , of 17 April.

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 centers, as well as sports facilities.

3 – The opening hours of the establishments may be fixed by the president of the territorial council with jurisdiction, subject to a favorable opinion from the local health authority and security forces.

Article 16

Restaurants and the like

1 – Without prejudice to the more restrictive special rules that are applicable to restaurants or similar establishments depending on the municipality where they are located, their operation is only allowed if the following conditions are met:

a) Compliance with the instructions specifically prepared for this purpose by the DGS;

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 there is a gap of 1.5 m between tables;

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

d) Close until 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 six people are not allowed to stay, unless they belong to the same household.

2 – The specific opening hours applicable to catering establishments or similar are those resulting from the special regime applicable to them depending on the municipality where they are located, under the terms of articles 32, 36 and 41, depending on whichever is applicable.

3 – Until 8:00 pm on working days, in catering establishments, cafes, pastry shops or similar that are located within a radius of 300 m 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.

4 – The occupation or service on terraces is only permitted provided that the provisions of paragraphs 3 and 4 of article 18 are complied with and the DGS guidelines for the catering sector are complied with, with the necessary adaptations.

5 – In the areas of consumption of food and drinks (food-courts) of 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.

6 – 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 – Notwithstanding the provisions of the preceding paragraph and without prejudice to more restrictive special rules that are applicable depending on the municipality where they are located, bars, other drinks establishments without a show and drinks establishments with dance space may operate subject to the rules established in this decree for coffees or pastries, 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.

Article 18

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 – In home deliveries, directly or through an intermediary, as well as in the sale modality through the provision of packed meals or products at the door of the establishment or the wicket (take-away), it is not possible to provide alcoholic beverages from 20 : 00 h.

3 – It is forbidden to consume alcoholic beverages in open spaces accessible to the public and on public roads, with the exception of the outside spaces of restaurants and drinks establishments duly licensed for the purpose.

4 – 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 19

Private vehicles with capacity for more than five seats

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

Article 20

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, ancestors, descendants, relatives or the like.

Article 21

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 defense, internal administration, health and civil aviation must present, upon departure, proof of carrying out 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 national territory.

2 – National citizens and foreign citizens with legal residence in the 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 3, until receiving the result of the said laboratory test.

Article 22

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 paragraphs 4 and 6 of article 13 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 23

Measures in the context of residential structures

1 – 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, in view of 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 of municipal or other scope 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 centers 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 assistants, 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.

2 – The diagnostic tests for SARS-CoV-2 are performed by a health professional, the respective results being globally communicated to the person in charge of the technical direction of the residential structure, which is subject to professional secrecy.

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

4 – For the purposes of paragraphs 2 and 3, personal data may be processed to the extent strictly necessary.

Article 24

Fairs and markets

1 – Without prejudice to the more restrictive special rules, namely in terms of limitations to the holding of fairs or markets, which prevail according to the special regime that applies to them due to the municipality where they are held, the operation of fairs and markets of according to the rules set out in the following paragraphs.

2 – For each fair or market, there must be a contingency plan for COVID-19 disease, prepared by the competent local authority or approved by it, 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 marketers 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 traders 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 provision 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 plans. contingency.

Article 25

Personal care and aesthetics

1 – The operation of:

a) Hairdressing salons, barbers and 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.

SECTION III

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

Article 26

Cultural events

1 – Without prejudice to the more restrictive special rules, namely as regards the limitations to the holding of events according to the special regime that applies to them due to the municipality where they are held, the operation of theaters, cinematographic films and similar events, as well as cultural events held outdoors, provided that:

a) The rules defined in paragraphs 1 to 4 and 6 of article 13 are observed, with the necessary adaptations;

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

i) Occupied seats 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 2 m is guaranteed between the mouth of the scene and the first row of spectators;

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

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

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

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

e) Advance purchase of tickets by electronic means and payments via non-contact means, through transactions by TPA 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) The rules defined by the DGS are observed.

2 – In the areas of consumption of cafeterias, restaurants and beverages of these cultural facilities, the guidelines defined by the DGS for the catering sector must be respected, and the consumption of food or beverages is not allowed inside the theatres or film exhibition rooms. cinematographic.

Article 27

Museums, monuments, palaces, archaeological sites and the like

1 – Without prejudice to the more restrictive special rules regarding museums, monuments, palaces, archaeological sites and the like that prevail according to the special regime applicable to them due to the municipality where they are located, their operation is permitted, provided that :

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

b) Ensure that each visitor has a minimum area of ​​20 m2 and a minimum distance of 2 m 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 not possible, the reduction of the crossing of visitors in bottlenecks;

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

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 28

Academic activities

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

Article 29

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 as long as there is no public and in compliance with the guidelines defined by the DGS.

2 – Sports facilities in operation are governed by the provisions of paragraph 4 of article 13, with the necessary adaptations.

3 – For the purposes of this decree, the training and competitive activities of athletes from national teams of the Olympic and Paralympic modalities, from the 1st national division or from competition of a competitive level corresponding to all modalities of the male and female seniors, as well as international championships, are equated with professional activities.

Article 30

Gambling establishments

Without prejudice to the existence of more restrictive special rules that affect gambling establishments and which prevail according to the special regime applicable to them due to the municipality where they are held, the operation of gambling establishments or gambling, casinos, bingos 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 decree;

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

c) Give priority to carrying out transactions by TPA;

d) Ensure that you do not stay inside the establishments of regulars who do not intend to consume or gamble.

Article 31

Amusement equipment and similar

1 – Without prejudice to the more restrictive special rules, namely as regards the limitations in terms of amusement equipment and the like that prevail according to the special regime that applies to them due to the municipality where they are held, the operation of amusement equipment and similar, provided that:

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

b) Guarantee the operation in an authorized place, under the legal terms, by the territorial authority with jurisdiction;

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

CHAPTER III

Special provisions for moderate-risk municipalities

Article 32

Closing times in moderate risk counties

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

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

3 – Except for the provisions of paragraph 1:

a) The catering establishments exclusively for the purpose of serving meals in the establishment, which close until 01:00 am, with access to the public being excluded for new admissions at 00:00 am;

b) Catering establishments and the like, exclusively for the purpose of cooking for consumption outside the establishment through home delivery, directly or through an intermediary;

c) Catering establishments and the like, exclusively for the purpose of cooking for consumption outside the establishment, through the provision of packed meals or products at the establishment’s door or wicket (take-away), access to the interior of the establishment by the public and only collection is allowed until 01:00;

d) Cultural establishments and sports facilities.

4 – The provisions of this article are without prejudice to acts that have been adopted by mayors of municipal councils under paragraph 9 of article 5 of the regime attached to the Resolution of the Council of Ministers no. 55-A / 2020 , of July 31, in the wording given by Resolutions of the Council of Ministers no. 63-A / 2020 , of August 14, and 68-A / 2020 , of August 28, as long as they are compatible with the limits set in the number previous.

Article 33

Events in moderate risk counties

1 – Celebrations and other events that involve an agglomeration of people in excess of six persons 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, not allowing a crowd of more than 50 people;

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 – Exceptions to the limit provided for in paragraph b) of the preceding paragraph are weddings and baptisms whose appointment has been made until 11:59 pm on October 14, 2020, to be confirmed by a declaration from the celebrant.

4 – In the absence of guidance from the DGS, event organizers must observe, with the necessary adaptations, the provisions of paragraphs 1 to 5 of article 13, as well as in article 16 regarding the catering spaces in these involved , and participants must wear a mask or visor in closed spaces.

5 – Events with the public held outside establishments intended for this purpose must be preceded by risk assessment, by the local health authorities, to determine the feasibility and conditions of their realization.

6 – 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.

7 – Notwithstanding the provisions of the preceding paragraphs, cultural events are permitted, under the terms of article 26.

CHAPTER IV

Special provisions for high-risk municipalities

Article 34

Prohibition of circulation on public roads in high-risk municipalities

1 – On a daily basis, between 11 pm and 5 am, citizens can only travel on public spaces and roads, or on private spaces and roads equivalent to public roads, in the following situations:

a) Travel for the performance of professional or equivalent functions, as attested by a declaration:

i) Issued by the employer or similar entity;

ii) Issued by itself, in the case of self-employed workers, sole proprietors or members of statutory bodies;

iii) Commitment to honor, in the case of workers in the agricultural, livestock and fisheries sectors;

b) Traveling in the exercise of the respective functions or because of them, without the need for a declaration issued by the employer or equivalent:

i) Health professionals and other workers from health and social support institutions;

ii) Civil protection agents, security forces and services, military, militarized and civilian personnel of the Armed Forces and inspectors of the Food and Economic Security Authority;

iii) Holders of sovereign bodies, leaders of the social partners and political parties represented in the Assembly of the Republic and persons with a free pass issued under legal terms;

iv) Ministers of worship, through accreditation by the competent bodies of the respective church or religious community, pursuant to paragraph 2 of article 15 of Law no. 16/2001, of 22 June, in its current wording;

v) Staff of diplomatic, consular missions and international organizations located in Portugal, as long as they are related to the performance of official functions;

c) Travel for health reasons, namely for the purchase of products in pharmacies or obtaining health care and transportation of people to whom such care or blood donation should be administered;

d) Displacement for emergency reception of victims of domestic violence or trafficking in human beings, as well as children and young people at risk, by application of a measure decreed by a judicial authority or Commission for the Protection of Children and Youth, in a residential home or familiar;

e) Travel to assist vulnerable people, people with disabilities, children, parents, the elderly or dependents;

f) Displacement for other imperative family reasons, namely the fulfillment of parental responsibility sharing, as determined by agreement between the holders of the same or by the competent court;

g) Travel by veterinarians, animal keepers for urgent medical-veterinary assistance, colony caregivers recognized by the municipalities, volunteers from zoophilic associations with dependent animals who need to travel to animal shelters and rescue teams from animals for urgent assistance;

h) Travel required to exercise freedom of the press;

i) Short-term pedestrian trips, for the purpose of enjoying moments outdoors, unaccompanied or in the company of members of the same household who cohabit;

j) Short-term pedestrian trips for the purposes of walking pets;

k) Travel by minors and their companions to school establishments, day care centers and leisure activities, as well as travel by students to higher education institutions or other school establishments;

l) For other reasons of force majeure or imperative necessity, as long as it proves to be unavoidable and duly justified;

m) Return to the home within the scope of travel admitted under the preceding paragraphs.

2 – Except for the purposes provided for in paragraphs i) and j) of the previous number, the circulation of private vehicles on public roads is permitted, including refueling at gas stations, within the scope of the situations referred to in the preceding paragraph.

3 – The travels admitted under the terms of the previous numbers should preferably be carried out unaccompanied and must respect the recommendations and orders determined by the health authorities and the security forces and services, namely those regarding the distances to be observed between people.

Article 35

General duty of home collection in high-risk municipalities

1 – Every day, outside the period between 11:00 pm and 5:00 am, citizens must refrain from circulating in public spaces and roads, as well as in spaces and private roads equivalent to public roads, and remain in the respective home, except for travel authorized by this decree.

2 – For the purposes of the preceding paragraph, authorized travel is considered to be those aimed at:

a) Acquisition of goods and services;

b) Traveling for the purpose of carrying out professional or similar activities;

c) Looking for a job or responding to a job offer;

d) Displacement for 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) Displacement for emergency reception of victims of domestic violence or trafficking in human beings, as well as children and young people at risk, by applying a measure decreed by a judicial authority or the National Commission for the Promotion of the Rights and Protection of Children and Youth, in residential or family home;

f) Travel to assist vulnerable people, people with disabilities, children, parents, the elderly or dependents;

g) Travel by minors and their companions to attend school establishments, day care centers and leisure activities;

h) Displacement of people with disabilities to attend occupational activity centers;

i) Travel to access cultural facilities;

j) Short trips for the purpose of physical activity;

k) Travel to participate in social volunteering actions;

l) Displacement for other imperative family reasons, namely compliance with the sharing of parental responsibilities, as determined by agreement between the holders of the same or by the competent court;

m) Travel to school establishments;

n) Travel for visits, when authorized, or delivery of essential goods to people with disabilities or deprived of freedom of movement;

o) Travel to participate in procedural acts with judicial entities or in acts within the competence of notaries, lawyers, solicitors or registration officers;

p) Short trips for the purpose of walking pets and feeding animals;

q) Travel by veterinarians, animal keepers for veterinary medical assistance, colony caregivers recognized by the municipalities, volunteers from zoophilic associations with dependent animals who need to travel to animal shelters and municipal veterinary services for collection and animal assistance;

r) Travel by persons with free transit, issued under legal terms, in the exercise of their functions or because of them;

s) Travel by staff of diplomatic, consular missions and international organizations located in Portugal, as long as they are related to the performance of official functions;

t) Travel required to exercise press freedom;

u) Travel to attend training courses and tests and exams;

v) Travel for visits to 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, as well as for activities carried out in day centers;

w) Travel to post offices and post offices, bank agencies and agencies of insurance intermediaries or insurance companies;

x) Travel required for departure from mainland Portugal;

y) Travel to other activities of a similar nature or for other reasons of force majeure or imperative necessity, as long as duly justified;

z) Return to the home within the scope of the trips mentioned in the previous paragraphs.

3 – Private vehicles may circulate on the public road to carry out the activities mentioned in the previous paragraph or to refuel at fuel stations within the scope of the trips referred to in the preceding paragraphs.

4 – For the purposes of this decree, the activity of high-performance athletes or members of national teams and their coaches, as well as sporting companions in adapted sports, is equated with professional activity.

5 – 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 concerning the distances to be observed between people.

Article 36

Closing times in high risk counties

1 – In high risk municipalities, all retail and service establishments, as well as those in commercial establishments, close until 22:00, except:

a) The catering establishments, exclusively for the purpose of serving meals in the establishment itself, which are closed until 10:30 pm;

b) Catering establishments and the like, exclusively for the purpose of cooking for consumption outside the establishment through home delivery, directly or through an intermediary;

c) Catering establishments and the like, exclusively for the purpose of cooking for consumption outside the establishment, through the provision of packed meals or products at the establishment’s door or wicket (take-away), access to the interior of the establishment by the public and only collection is allowed until 10:30 pm;

d) Cultural facilities, which must be closed until 10:30 pm;

e) Sports facilities, when destined to federated sports practice, which must close until 22:30 h.

2 – The closing time may be reduced by the mayor of the municipality with territorial authority, subject to a favourable opinion from the local health authority and security forces.

Article 37

Fairs and markets in high-risk counties

The holding of fairs and uprising markets is prohibited, except in the case of authorization issued by the president of the territorial council with jurisdiction, if the security conditions are verified and the guidelines defined by the DGS are observed.

Article 38

Events in high risk counties

1 – In high-risk counties, celebrations and other events that involve an agglomeration of people in excess of six people are not allowed, unless they belong to the same household.

2 – Without prejudice to compliance with the guidelines defined by the DGS, the provisions of the preceding paragraph do not apply:

a) Religious ceremonies;

b) Cultural shows or events of a scientific nature provided that, in both situations, they take place in fixed venues of artistic performances or in higher education institutions.

CHAPTER V

Special provisions for very high and extreme risk municipalities

Article 39

Prohibition of circulation on public roads in municipalities with very high and extreme risk

In municipalities with very high and extreme risk, the prohibition of circulation in public spaces and roads, or in spaces and private roads similar to public roads, is applied, under the terms provided for in article 34.

Article 40

Prohibition of circulation on public roads on Saturdays and Sundays

1 – On Saturdays and Sundays, in the period between 13:00 and 05:00, citizens can only move in public spaces and roads or in spaces and private roads equivalent to public roads for the situations listed in article 34. º

2 – For the purposes of the preceding paragraph, in the municipalities of very high and extreme risk, the exceptions provided for in article 34 apply, and travel to grocery stores and supermarkets and other establishments selling food and hygiene products is also permitted, for people and animals, which are in operation under the terms of paragraph a) of paragraph 2 of article 43.

3 – In establishments where food and hygiene products are sold for people and animals, other products that are available there can also be purchased.

Article 41

Measures for very high and extreme risk municipalities

In very high and extreme risk counties the following applies:

a) In terms of closing hours, the provisions of article 36;

b) In terms of fairs and uprising markets, the provisions of article 37;

c) In terms of events, the provisions of article 38.

Article 42

General duty of home collection in municipalities of very high and extreme risk

Every day, outside the period between 11 pm and 5 am, as well as on Saturdays and Sundays, in the period between 5 am and 1 pm, citizens must refrain from circulating in spaces and public roads, as well as in spaces and private roads equated to public roads, and remain at the respective home, except for travel authorized by this decree, applying the provisions of article 35.

Article 43

Retail and service activities on Saturdays and Sundays in very high and extreme risk counties

1 – On Saturdays and Sundays, outside the period between 8:00 am and 1:00 pm, activities in retail and service establishments located in very high and extreme risk municipalities are suspended.

2 – Except for the provisions of the previous number:

a) Retail establishments of food products, as well as natural or dietary, health and hygiene, with a sales or service area of ​​200 m2 or less with autonomous and independent entrance from the public road ;

b) Catering establishments and the like, regardless of the area of ​​sale or provision of services, provided that exclusively for the purpose of cooking for consumption outside the establishment through home delivery, directly or through an intermediary;

c) Catering establishments and the like, exclusively for the purpose of cooking for consumption outside the establishment, for the provision of meals or packaged products at the establishment’s door or wicket (take-away), access to the interior of the establishment by the public and only collection is allowed until 10:30 pm;

d) Fuel filling stations not covered by article 14, exclusively for the purpose of selling fuels and vehicle supplies to the public and provided that within the scope of travel authorized under article 34, applicable under article 39th

3 – Establishments whose usual opening hours are before 08:00 am may continue to practice this time.

4 – For the purposes of the preceding paragraph, normal opening hours are those that were practiced until the entry into force of Decree No. 8/2020 , of 8 November.

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

CHAPTER VI

Possible renewal

SECTION I

General provision

Article 44

Possible renewal of the state of emergency

In the event of renewal of the state of emergency after 00:00 on December 24, the term of this decree is extended, with the changes contained in this chapter, unless the epidemiological situation requires a mid-term review on 18 December December.

SECTION II

Provisions applicable during the Christmas period

Article 45

Prohibition of circulation from 23 to 26 December

1 – The ban on driving on public roads provided for in articles 34 and 39:

a) It is not applicable on December 23, 2020, in the period after 11:00 pm and until 05:00 am of the following day, for people who are traveling;

b) It is not applicable on December 24 and 25, 2020, in the period after 11:00 pm and until 02:00 am the following day.

2 – On December 26, the prohibition on driving on public roads on Saturdays referred to in paragraph 1 of article 40, in the municipalities where it is applicable, starts at 23:00 h.

Article 46

General duty of home collection from December 23 to 26

The general duty of home collection provided for in articles 35 and 42 is not applicable from 23 to 26 December 2020, inclusive.

Article 47

Hours in the culture sector and in the catering sector from December 24 to 26

1 – On December 24 and 25, cultural facilities and catering establishments may operate in accordance with the provisions of paragraph 3 of article 32, regardless of their location.

2 – On December 26, 2020, for the purposes of article 43, in municipalities where the same is applicable, catering establishments and the like may operate, with regard to the meal service at the establishment, until 15.30 hrs.

SECTION III

Provisions applicable during the New Year period

Article 48

Limitation on movement between municipalities between 31 December and 4 January

Citizens may not travel outside the municipality of the domicile between 00:00 on December 31, 2020 and 05:00 on January 4, 2021, subject to the exceptions provided for in article 11. Of Decree 9/2020 , of 21 November, which are applicable, with the necessary adaptations.

Article 49

Prohibition of circulation on December 31 and January 1

The ban on driving on public roads provided for in articles 34 and 39 is not applicable between 05:00 am on 31 December 2020 and 02:00 am on 1 January 2021.

Article 50

General duty of home collection on December 31 and January 1

The general duty of home collection provided for in articles 35 and 42 is not applicable between 05:00 am on December 31, 2020 and 02:00 am on January 1, 2021.

Article 51

Hours in the catering sector on December 31 and January 1

1 – On December 31, catering establishments and the like may operate in accordance with the provisions of paragraphs a) to c) of paragraph 3 of article 32, regardless of their location.

2 – On January 1, 2021, in very high and extreme risk counties, catering establishments and similar establishments must close until 3:30 pm meal service at the establishment itself.

Article 52

Festivals and celebrations on December 31 and January 1

On December 31, 2020 and January 1, 2021, it is forbidden to hold parties or celebrations that are public or open to the non-religious public.

CHAPTER VII

Final dispositions

Article 53

Execution at local level

The Prime Minister proceeds to appoint the authorities that coordinate the execution of the declaration of a state of emergency in the continental national territory, at the local level, under the terms of paragraph 4 of article 20 of Law no. 44/86 , of September 30, in its current wording.

Article 54

National defence

The member of the Government responsible for the area of ​​national defense ensures coordination with the other governmental areas to ensure, when necessary, the commitment of people, means, goods and services of national defense necessary to comply with the provisions of this decree.

Article 55

Internal administration

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

a) Determines the closure of road and rail traffic, for reasons of public health, safety or traffic fluidity or the restriction on the circulation of certain types of vehicles in the cases and during the periods referred to in Articles 34, 39 and 40 .;

b) Coordinate a structure for monitoring the state of emergency, composed of representatives of the governmental areas defined by order of the Prime Minister and representatives of the security forces and services and of the National Emergency and Civil Protection Authority, for the purposes of monitoring and production 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 September 30, in its current wording, without prejudice to the secretary’s own powers -General of the Internal Security System and the Security Coordinating Office.

Article 56

Civil protection

Within the scope of civil protection, and without prejudice to Law 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 status of the Integrated System of Protection and Relief Operations are carried out.

Article 57

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 made 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.

Article 58

Oversight

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) Sensitization of the community regarding the prohibition of unjustified travel;

b) The recommendation to all citizens of the fulfillment of the general duty of home collection;

c) The closure of establishments and the cessation of activities provided for in annex v of this decree, without prejudice to the provisions of article 12;

d) Comination and participation for the crime of disobedience, under the terms and for the purposes of paragraph b) of paragraph 1 of article 348 of the Penal Code, as well as of article 7 of Law no. 44 / 86, of September 30, for violation of the provisions of articles 11, 34, 39, 40, 43 and 45 to 52 of this decree, as well as mandatory confinement by whoever is subject to it under the terms of article 3;

e) The follow-up and follow-up of people in prophylactic isolation or active surveillance;

f) Advice on the non-concentration of people on public roads and the dispersion of concentrations greater than six people, unless they belong to the same household or are the result of exceptions provided for in this decree.

2 – The parish councils collaborate in the fulfillment 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 signaling, with the security forces and services, as well as the municipal police, of establishments to be closed.

3 – The security forces and services permanently report to the Government member 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.

Article 59

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 fulfillment of orders or instructions from the bodies and agents responsible for security, civil protection and public health, in the prompt satisfaction of requests that are justifiably made by the competent entities for the implementation of the measures contained in this decree.

Article 60

Safeguarding measures

The provisions of this decree do not prejudice 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.

Article 61

Transitional provision

The regime for the prohibition of movement between municipalities provided for in Article 11 of Decree No. 9/2020 , of 21 November, is extended until 5:00 am on 9 December 2020 .

Article 62

Entry into force and duration

1 – This decree, with the exception of chapter vi, is in force between 00:00 am on December 9 and 23:59 pm on December 23, 2020, without prejudice to the provisions of the following paragraph.

2 – Without prejudice to the provisions in the final part of article 44, the validity of the rules of this decree, including those contained in chapter vi, between 00:00 on December 24, 2020 and 23:59 on January 7, 2021, depends on the renewal of the declaration of the state of emergency for that period, enabling, at least, the same restrictions.

Seen and approved by the Council of Ministers on December 4, 2020. – António Luís Santos da Costa.

Signed on December 5, 2020.

Publish yourself.

The President of the Republic, Marcelo Rebelo de Sousa.

Countersigned on December 5, 2020.

The Prime Minister, António Luís Santos da Costa.

ANNEX I

(referred to in Article 2 (2))

Moderate risk counties

1 – Abrantes.

2 – Albufeira.

3 – Alcoutim.

4 – Aljezur.

5 – Aljustrel.

6 – Almodôvar.

7 – Alpiarça.

8 – Alvaiázere.

9 – Alvito.

10 – Avis.

11 – Battle.

12 – Beja.

13 – Benavente.

14 – Bombarral.

15 – Borba.

16 – Cadaval.

17 – Caldas da Rainha.

18 – Campo Maior.

19 – Carrazeda de Ansiães.

20 – Castanheira de Pera.

21 – Castro Marim.

22 – Castro Verde.

23 – Constancy.

24 – Coruche.

25 – Estremoz.

26 – Ferreira do Alentejo.

27 – Ferreira do Zêzere.

28 – Figueiró dos Vinhos.

29 – Algodres Ovens.

30 – Gois.

31 – Idanha-a-Nova.

32 – Loulé.

33 – Lourinhã.

34 – Mangualde.

35 – Moimenta da Beira.

36 – Monforte.

37 – Mora.

38 – Moura.

39 – Nazaré.

40 – Óbidos.

41 – Olhão.

42 – Oliveira de Frades.

43 – Ourique.

44 – Paredes de Coura.

45 – Pedrógão Grande.

46 – Ponte de Sor.

47 – Portel.

48 – Porto de Mós.

49 – Proença-a-Nova.

50 – Round.

51 – Ribeira de Pena.

52 – Salvaterra de Magos.

53 – Santa Comba Dão.

54 – Santiago do Cacém.

55 – São Brás de Alportel.

56 – São João da Pesqueira.

57 – Sernancelhe.

58 – Sertã.

59 – Silves.

60 – Sousel.

61 – Board.

62 – Tabuaço.

63 – Tavira.

64 – Tondela.

65 – Vendas Novas.

66 – Viana do Alentejo.

67 – Vidigueira.

68 – Vila de Rei.

69 – Vila Flor.

70 – Vila Nova da Barquinha.

71 – Vila Real de Santo António.

72 – Vila Velha de Ródão.

73 – Vila Viçosa.

ANNEX II

(referred to in Article 2 (3))

High-risk counties

1 – Alcácer do Sal.

2 – Alcobaça.

3 – Alcochete.

4 – Alenquer.

5 – Almeida.

6 – Almeirim.

7 – Alter do Chão.

8 – Amadora.

9 – Arganyl.

10 – Arraiolos.

11 – Arronches.

12 – Arruda dos Vinhos.

13 – Barrancos.

14 – Carregal do Sal.

15 – Cascais.

16 – Castelo de Vide.

17 – Castro Daire.

18 – Celorico da Beira.

19 – Coimbra.

20 – Elvas.

21 – Junction.

22 – Évora.

23 – Faro.

24 – Figueira de Castelo Rodrigo.

25 – Frontier.

26 – Fundão.

27 – Golegã.

28 – Grândola.

29 – Lagoon.

30 – Lagos.

31 – Leiria.

32 – Lousã.

33 – Mação.

34 – Mafra.

35 – Marinha Grande.

36 – Mealhada.

37 – Fear.

38 – Melgaço.

39 – Mértola.

40 – Mesão Frio.

41 – Mira.

42 – Mogadouro.

43 – Clump.

44 – Monsoon.

45 – Monchique.

46 – Montalegre.

47 – Montemor-o-Novo.

48 – Montemor-o-Velho.

49 – Montijo.

50 – In them.

51 – Odivelas.

52 – Oeiras.

53 – Potters.

54 – Oliveira do Hospital.

55 – Ourém.

56 – Palmela.

57 – Penalva do Castelo.

58 – Penamacor.

59 – Penedono.

60 – Penela.

61 – Peniche.

62 – Peso da Régua.

63 – Pinhel.

64 – Loft.

65 – Portimão.

66 – Odemira.

67 – Reguengos de Monsaraz.

68 – Resende.

69 – Sabrosa.

70 – Santa Marta de Penaguião.

71 – Santarém.

72 – São Pedro do Sul.

73 – Seixal.

74 – Sesimbra.

75 – Setúbal.

76 – Sever do Vouga.

77 – Sines.

78 – Sintra.

79 – Sobral de Monte Agraço.

80 – Terras de Bouro.

81 – Tomar.

82 – Torres Novas.

83 – Trancoso.

84 – Vacant.

85 – Vila do Bispo.

86 – Vila Franca de Xira.

87 – Vila Nova de Cerveira.

88 – Vila Nova de Foz Côa.

89 – Vila Nova de Poiares.

90 – Vineyards.

91 – Viseu.

92 – Vouzela.

ANNEX III

(referred to in Article 2 (4))

Very high risk counties

1 – Águeda.

2 – Aguiar da Beira.

3 – Alandroal.

4 – Albergaria-a-Velha.

5 – Alcanena.

6 – Customs of Faith.

7 – Alijó.

8 – Almada.

9 – Amarante.

10 – Loving.

11 – Anadia.

12 – Ansião.

13 – Arcos de Valdevez.

14 – Arouca.

15 – Aveiro.

16 – Azambuja.

17 – Baião.

18 – Barreiro.

19 – Boticas.

20 – Bragança.

21 – Walk.

22 – Cantanhede.

23 – Cartaxo.

24 – Castelo Branco.

25 – Castelo de Paiva.

26 – Celorico de Basto.

27 – Singe.

28 – Cinfães.

29 – Condeixa-a-Nova.

30 – Covilhã.

31 – Crato.

32 – Cuba.

33 – Estarreja.

34 – Figueira da Foz.

35 – Gondomar.

36 – Gouveia.

37 – Guard.

38 – Ílhavo.

39 – Lamego.

40 – Lisbon.

41 – Loures.

42 – Maia.

43 – Butters.

44 – Marco de Canaveses.

45 – Matosinhos.

46 – Miranda do Douro.

47 – Mirandela.

48 – Mortágua.

49 – Mourão.

50 – Murça.

51 – Murtosa.

52 – Oliveira de Azeméis.

53 – Oliveira do Bairro.

54 – Ovar.

55 – Pampilhosa da Serra.

56 – Penacova.

57 – Ponte da Barca.

58 – Ponte de Lima.

59 – Porto.

60 – Rio Maior.

61 – Sabugal.

62 – Sardoal.

63 – Sátão.

64 – Seia.

65 – Serpa.

66 – Soure.

67 – Tarouca.

68 – Moncorvo Tower.

69 – Torres Vedras.

70 – Vale de Cambra.

71 – Valongo.

72 – Viana do Castelo.

73 – Vila Nova de Gaia.

74 – Vila Nova de Paiva.

75 – Vila Pouca de Aguiar.

76 – Vila Real.

77 – Vila Verde.

78 – Vimioso.

ANNEX IV

(referred to in Article 2 (4))

Extreme risk counties

1 – Armamar.

2 – Barcelos.

3 – Belmonte.

4 – Braga.

5 – Headlands of Basto.

6 – Keys.

7 – Thorn.

8 – Esposende.

9 – Fafe.

10 – Felgueiras.

11 – Ash of Espada à Cinta.

12 – Hawk.

13 – Guimarães.

14 – Lousada.

15 – Macedo de Cavaleiros.

16 – Marvão.

17 – Miranda do Corvo.

18 – Mondim de Basto.

19 – Nisa.

20 – Paços de Ferreira.

21 – Walls.

22 – Penafiel.

23 – Portalegre.

24 – Póvoa de Lanhoso.

25 – Póvoa de Varzim.

26 – Santa Maria da Feira.

27 – Santo Tirso.

28 – São João da Madeira.

29 – Trofa.

30 – Valença.

31 – Valpaços.

32 – Vieira do Minho.

33 – Vila do Conde.

34 – Vila Nova de Famalicão.

35 – Neighbor.

ANNEX V

[referred to in Article 11, Article 12 (a) and Article 58 (1) (c)]

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 31.

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 service exclusively to the respective guests, without prejudice to the provisions of article 17.

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  • Draft Presidential Decree 16th December Extension of State of Emergency.Download