Decree No. 9/2020 21st November – Regulates the application of the state of emergency decreed by the President of the Republic

Informal translation into English Original Portuguese version for legal purposes

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Decree No. 9/2020
Publication: Diário da República no. 227-A / 2020, Series I of 2020-11-21
Issuer: Presidency of the Council of Ministers
Proponent Entity: Presidency of the Council of Ministers
Diploma Type: Decree
Number: 9/2020
Pages: 2 – 31
ELI:https://data.dre.pt/eli/dec/9/2020/11/21/p/dre
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Summary

Index
Diploma (full text)
Chapter I Purpose and scope
Article 1 Purpose
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 Control of body temperature
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 Strengthening the screening capacity
Article 10 Participation of the Armed Forces in epidemiological inquiries and tracking patient contacts
Section II Measures on traffic on public roads
Article 11 Limitation on movement between municipalities
Section III Measures applicable to activities, establishments, services, companies or similar
Article 12 Closed premises and establishments
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 Restoration 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 Point tolerance and suspension of academic and non-academic activity
Article 23 Public services
Article 24 Measures within the scope of residential structures
Article 25 Fairs and markets
Article 26 Personal care and aesthetics
Section IV
Article 27 Events of a cultural nature
Article 28 Museums, monuments, palaces, archaeological sites and the like
Article 29 Activities in an academic context
Article 30 Physical and sports activity
Article 31 Establishments of games of chance
Article 32 Amusement and similar equipment
Chapter III Special provisions applicable to Moderate Risk Municipalities
Article 33 Closing times in Moderate Risk Counties
Article 34 Events in Moderate Risk Municipalities
Chapter IV Special provisions applicable to High Risk Municipalities
Article 35 Prohibition of circulation on public roads in High Risk Municipalities
Article 36 General duty of home collection in High Risk Municipalities
Article 37. Closing times in High Risk Municipalities
Article 38. Fairs and markets in High Risk Counties
Article 39. Events in High Risk Municipalities
Chapter V Special provisions applicable to Very High and Extreme Risk Counties
Article 40. Prohibition of circulation on public roads in Very High and Extreme Risk Counties
Article 41. Prohibition of circulation on public roads on Saturdays, Sundays and holidays
Article 42 Measures applicable to Very High and Extreme Risk Counties
Article 43 General duty of home collection in Very High and Extreme Risk Counties
Article 44 Activities of retail trade and provision of services on Saturdays, Sundays and holidays in Very High and Extreme Risk Counties
Chapter VI Final provisions
Article 45 Execution at local level
Article 46 National Defense
Article 47 Internal Administration
Article 48 Civil Protection
Article 49 Regulations and implementing acts
Article 50 Inspection
Article 51 General duty to cooperate
Article 52 Safeguarding measures
Article 53 Entry into force
Annex I (referred to in Article 2 (2))
Annex II (referred to in Article 2 (3))
Annex III (referred to in Article 2 (4))
Annex IV (referred to in Article 2 (4))
Annex V [referred to in Article 12 and Article 50 (1) (c))
Decree No. 9/2020
November 21st
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 and appropriate manner, with largely preventive effects. In the terms in which it was decreed, the state of emergency brought enhanced guarantees of legal security for the measures adopted or to be adopted by the competent authorities for the prevention and response to the pandemic of the disease COVID-19, in areas such as freedom of movement, 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.
The Decree No. 8/2020 of 8 November, proceeded to the regulation of the state of emergency, focusing on the four areas mentioned.
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, with the need to adapt the current measures provided for in both Decree 8/2020 , of 8 November, as in the Resolution of the Council of Ministers no. 92-A / 2020, of November 2, since there are situations that need express regulation and others whose regulation needs to be updated due to the referred renewal. In this context, the Government decides to approve a new decree that will integrate all the regulation necessary for the execution of the declaration of the state of emergency and the fight against the pandemic of the disease COVID-19, reducing the legislative and regulatory dispersion, in order to ensure greater clarity. and a sense of unity of information and the current legal framework.
At the present time, contacts between people, which are a vehicle for spreading and spreading the virus, as well as their movements, should be limited to the minimum necessary, but it should be noted that this limitation cannot be achieved through closure number of establishments, taking into account that there are several economic activities whose exercise should continue.
Notwithstanding, and considering that the epidemiological situation is not uniform throughout the national territory, it is 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, which may be moderate, high, very high or extreme. Accordingly, in everything that is not incompatible, the rules applicable to municipalities with a certain level of risk add to those applicable to lower risk municipalities.
First, a set of measures applicable to the entire national territory is established, namely limiting the movement of people between municipalities between 27 November and 2 December and between 4 December and 8 December, in order to contain the transmission of the virus and the spread of the disease, taking into account that the circulation of people could be higher due to the holidays of 1 and 8 December.
As for the moderate risk municipalities, it is expected that, with the exception, namely, those dedicated to catering or cultural and sports, establishments will close between 20:00 and 23:00, with the specific closing time being fixed , within this range, by the Mayor of the Territorially Competent City Council with a favorable opinion from the local health authority and security forces.
Regarding high-risk municipalities, the daily circulation of citizens on the public road is prohibited in the period between 2300 hrs and 0500 hrs, taking care of all necessary or justified trips. A general duty of home collection is foreseen for the remaining hours, determining that, with some exceptions, retail and service establishments, as well as those in commercial establishments, close until 22:00 H.
Finally, with regard to municipalities with very high or extreme risk, the circulation of citizens on the public road is prohibited, on Saturdays, Sundays and holidays, in the period between 1300 hrs and 0500 hrs, suspending certain activities and taking care of a number of exceptions, which include, in particular, trips to grocery stores and supermarkets and other establishments selling food and hygiene products for people and animals.
Point tolerance is granted to workers who exercise public functions in the services of the direct administration of the State, be they central or deconcentrated, and in public institutes, on November 30 and December 7, during which teaching activities are suspended and not academic and training courses with the presence of students in public, private and cooperative education establishments and in the social and solidarity sector of pre-school, basic, secondary and higher education and in social facilities to support early childhood or disabilities, as well as in health centers. direct or participated management training in the network of the Institute of Employment and Professional Training, IP
In these two days, activities in retail and service establishments located in the Very High and Extreme Risk Counties are also suspended in the period between 1500 hrs and 0500 hrs
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 Decree of the President of the Republic no. 59-A / 2020 , of 20 November.
Article 2
Territorial application
1 – The provisions of articles 3 to 31 and 45 to 53 are applicable to the entire national territory.
2 – The provisions of articles 33 and 34 are applicable only to municipalities considered by the Directorate-General for Health (DGS) to be of moderate risk, which are listed in annex i to this decree and of which they form an integral part. (Moderate Risk Counties).
3 – The provisions of articles 35 to 39 are applicable only to municipalities considered by DGS to be of high risk, which are listed in annex ii to this decree and of which they form an integral part (High Risk Municipalities).
4 – The provisions of articles 40 to 44 apply only to municipalities considered by DGS to be of very high and extreme risk, which are listed, respectively, in annexes iii and iv to this decree and of which they form part member (Very High Risk Counties and Extreme Risk Counties, respectively).
CHAPTER II
General provisions applicable to the entire 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 – Without prejudice to the provisions of article 13-B of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, and in law no. 62-A / 2020 , of 27 October, it is mandatory to use masks or visors to access or stay in workplaces whenever the physical distance recommended by health authorities proves impractical.
2 – The obligation provided for in the preceding paragraph is not applicable to workers when they are providing their work in an office, room or equivalent that 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 can be performed by non-invasive means, in the control of 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 – Citizens 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, and no physical contact with the target person is permitted, always using equipment suitable for this purpose, which cannot contain any memory or record measurements made.
5 – The worker referred to in the previous number is subject to professional secrecy.
6 – That person’s access to the places mentioned in paragraph 1 may be prevented whenever he:
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) Persons wishing to visit those referred to in the preceding 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 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 the DGS.
2 – The conduct of diagnostic tests for SARS-CoV-2 referred to in the previous number is determined by the person in charge of the respective establishment or service, except in the case of subparagraph d), where it is done by order of the Director-General for Reinsertion and Services Prisoners, under the terms of the DGS.
3 – In cases where the results of the tests carried out under the preceding paragraphs make it impossible for a worker to have access to the respective workplace, the absence is justified.
Article 7
Exceptional suspension of termination of employment contracts
1 – During the period of validity of the state of emergency, the possibility of terminating, temporarily and exceptionally, the possibility of terminating the employment contracts of health professionals linked to services and establishments integrated in the National Health Service (SNS), regardless of legal 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 provision of the preceding paragraph also applies 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 health care services from 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 public health authorities and services, the mobilization of human resources can be determined, namely for carrying out epidemiological surveys, for tracking contacts of patients with COVID-19 and for monitoring people under surveillance active.
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 those who are not health professionals.
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 people operationalized by order of the Government members 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 on traffic on public roads
Article 11
Limitation on movement between municipalities
1 – Citizens cannot travel outside the municipality of the domicile in the period between 11:00 pm on November 27, 2020 and 05:00 am on December 2, 2020 and between 11:00 pm on December 4, 2020 and at 11:59 pm on December 8, 2020, except for health reasons or other reasons of imperative urgency.
2 – The provisions of the preceding paragraph do not apply:
a) Travel for the performance of professional or similar functions, as attested by:
i) Declaration issued by the employer or equivalent;
ii) Commitment to honor, if the movement takes place between municipalities bordering the home or in the same metropolitan area, as well as in the case of workers in the agricultural, livestock and fisheries sectors;
iii) Declaration issued by the employee, in the case of self-employed workers, sole proprietors or members of statutory bodies;
b) To travel 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, as well as teaching and non-teaching staff from schools;
ii) Staff of 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 (ASAE);
iii) Holders of the 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 by minors and their companions to school establishments, daycare centers and leisure activities, as well as travel by students to higher education institutions or other school establishments;
d) Travel by users and their companions to Occupational Activity Centres and Day Centres;
e) Travel to attend educational training sessions and tests and examinations, as well as inspections;
f) Travel to participate in procedural acts with the judicial entities or in acts within the competence of notaries, lawyers, solicitors, conservators and registry officers, as well as for assistance in public services, provided that they are provided with proof of the respective appointment;
g) Travel required to leave mainland Portugal;
h) Travel by non-resident citizens to places of proven residence;
i) 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;
j) Returning home.
3 – Private vehicles may travel on the public road to carry out the activities mentioned in the previous paragraph or to refuel at gas stations in the context of the trips referred to in the preceding paragraphs.
4 – The restriction provided for in paragraph 1 does not prevent movement between the portions of the municipalities where there is a territorial discontinuity.
5 – Without prejudice to the provisions of the preceding paragraphs, in all displacements 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.
SECTION III
Measures applicable to activities, establishments, services, companies or similar
Article 12
Closed facilities and establishments
The facilities and establishments referred to in annex v to this decree and of which they form an integral part, are closed.
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 a maximum occupancy 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 two 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 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, provided that they do not contravene the provisions of this decree.
2 – For the purposes of paragraph a) of the previous number:
a) “Area” means the area intended for the public, including areas for collective use or circulation, with the exception of areas reserved for parking vehicles;
b) The maximum limits for maximum occupancy per person do not include employees and service providers who are exercising functions in the spaces in question.
3 – Managers, managers or owners of spaces and establishments must make every effort to:
a) Carry out a balanced management of public accesses, in compliance with the provisions of the previous numbers;
b) Monitor refusals of public access, in order to avoid the concentration of people at the entrance to spaces or establishments.
4 – Without prejudice to the previous numbers, 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 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 they do not contravene the provisions of this decree.
5 – Without prejudice to the preceding paragraphs, retail or service establishments 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 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, about 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
The following are excluded from the scope of application of any rules set out in this decree that concern matters of suspension of activities, closure of establishments or opening, operating or closing times of establishments, regardless of their location or area:
a) Establishments where medical services or other health and social support services are provided, namely hospitals, doctor’s offices and clinics, dental clinics and urgent medical-veterinary care centers, 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 that guarantee student accommodation;
e) Establishments that provide funerary 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 fuels to the public and supply or loading of vehicles within the scope of the journeys allowed in each territory;
h) The establishments providing services for the rental of goods vehicles without drivers (rent-a-cargo) and the rental of passenger vehicles without drivers (rent-a-car);
i) Establishments located inside airports located in national territory, 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 to 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 a distance of 1.5 meters between tables;
c) As of 00:00, 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 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 33, 37 and 42, 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
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 establishments, including supermarkets and hypermarkets, is prohibited.
2 – In home deliveries, directly or through an intermediary, as well as in the sale modality through the availability of goods at the door of the establishment or the wicket (take-away), it is not possible to provide alcoholic beverages from 20:00 hrs.
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 20.00 hrs, 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, ascendants, 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 defence, 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 to screen 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 previous number are carried out and made available by ANA – Aeroportos de Portugal, SA (ANA, SA), through health professionals qualified for this purpose, and this service may be subcontracted.
4 – ANA, SA, must carry out, at the Portuguese international airports that it manages, infrared body temperature screening for all passengers arriving 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 to whom a body temperature of 38ºC or higher is detected 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.
8 – The provisions of paragraphs 4 to 7 do not apply to airports in the Autonomous Regions of Madeira and the Azores.
Article 22
Point tolerance and suspension of teaching and non-teaching activity
1 – Point tolerance is granted to workers who exercise public functions in the services of the direct administration of the State, whether central or deconcentrated, and in public institutes, on November 30 and December 7.
2 – Except for the provisions of the previous number, workers of the essential services referred to in article 10 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, which, for reasons of interest public, must remain in operation during that period, in terms to be defined by the member of the competent Government due to the matter, considering additional work to the service provided these days.
3 – Without prejudice to the continuity and quality of the service to be provided, the top managers of the services referred to in the preceding paragraph must promote the equivalent exemption from the duty of attendance of the respective workers, on a day to be determined in due course and after the cessation of a state of emergency or of calamity.
4 – Teaching and non-teaching and training activities in public, private and cooperative educational establishments and in the social and solidarity sector of pre-school, basic, secondary and higher education and in social facilities to support early childhood are also suspended during this period. or disability, as well as in the training centers of direct or participated management of the network of the Institute of Employment and Professional Training, IP
Article 23
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 24
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 SARS-CoV-2 diagnostic tests are performed by a health professional, the respective results being globally communicated to the person in charge of the technical direction of the residential structure, which is subject to professional secrecy.
3 – In case of detection of positive cases, the entity responsible for analyzing the results communicates the identification of those targeted directly to the person in charge of the technical direction of the residential structure, as soon as possible, in order to prevent contagion.
4 – For the purposes of paragraphs 2 and 3, personal data may be processed to the extent strictly necessary.
Article 25
Fairs and markets
1 – Without prejudice to the more restrictive special rules, namely in terms of limitations on the holding of fairs or markets, which prevail according to the special regime applicable to them due to the municipality where they are held, the operation of fairs and markets is 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 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 traders 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 both inside and at the entrance to them;
ii) The rules applicable to the exhibition of goods, preferably and whenever possible, through 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 26
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.
SECTION IV
Measures applicable to cultural, sporting, recreational or social events, structures, establishments or other activities
Article 27
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 is applicable to them due to the municipality where they are held, the operation of theatres, 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 theatres or cinemas 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 two meters 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, observing a physical distance between spectators of 1.5 m;
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 theaters or film exhibition rooms. cinematographic.
Article 28
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, 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 29
Academic activities
It is forbidden, in the academic scope of higher education, to celebrate, as well as recreational or recreational activities.
Article 30
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, provided that 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 modalities, from the 1st national division or from competition of a competitive level corresponding to all modalities of the male and female senior classes, as well as international championships, are equated with professional activities.
Article 31
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, 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 decree;
b) Have a specific protocol for cleaning and sanitizing the playing areas;
c) Give priority to carrying out transactions by TPA;
d) Do not remain inside establishments that do not intend to consume or gamble.
Article 32
Amusement equipment and similar
1 – Without prejudice to the more restrictive special rules, namely in terms of limitations in the field of amusement equipment and the like that prevail according to the special regime applicable to them due to the municipality where they are held, the operation of amusement equipment is permitted. and the like provided:
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 legal terms, by the local authority with territorial 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 applicable to Moderate Risk Counties
Article 33
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 at the 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) Catering establishments exclusively for the purpose of serving meals in the establishment itself, which close at 1:00 am, and public access must be excluded for new admissions at 00:00 am;
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;
c) Cultural establishments and sports facilities.
4 – This article is without prejudice to acts that have been adopted by mayors of municipalities under paragraph 9 of article 5 of the regime attached to the Resolution of the Council of Ministers no. 55-A / 2020 , of 31 of July, in the wording given by the 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 previous number.
Article 34
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 a risk assessment, by the local health authorities, to determine the feasibility and conditions of its 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 27.
CHAPTER IV
Special provisions applicable to High Risk Counties
Article 35
Prohibition of circulation on public roads in High Risk Municipalities
1 – On a daily basis, between 2300 hrs and 0500 hrs, 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 from the Armed Forces and inspectors from ASAE;
iii) Holders of the 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 of 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 36
General duty of home collection in High Risk Municipalities
1 – Every day, outside the period between 23.00 hrs and 0500 hrs 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) Travel for the 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 bodies or in acts within the competence of notaries, lawyers, solicitors and 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 travel on the public road to carry out the activities mentioned in the previous paragraph or to refuel at gas stations in the context 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 displacements 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 37
Closing times in High Risk Counties
1 – In the High Risk Municipalities, all retail and service establishments, as well as those located in commercial establishments, close until 22:00, except:
a) Catering establishments, which must close by 22.30 hrs
b) Catering establishments and similar establishments exclusively for the purpose of home delivery, directly or through an intermediary, which must close at 01.00 hrs;
c) Cultural facilities, which must be closed until 22.30 hrs;
d) 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 favorable opinion from the local health authority and security forces.
Article 38
Fairs and markets in High Risk Counties
The holding of fairs and rising markets is prohibited, except in the case of authorization issued by the president of the territorial council with jurisdiction, if the security conditions and compliance with the guidelines defined by the DGS are verified.
Article 39
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 applicable to Very High and Extreme Risk Counties
Article 40
Prohibition of circulation on public roads in Very High and Extreme Risk Counties
In Very High and Extreme Risk Counties, 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 35
Article 41
Prohibition of circulation on public roads on Saturdays, Sundays and holidays
1 – On Saturdays, Sundays and holidays, in the period between 1300 hrs and 05.00 hrs, citizens can only move in public spaces and roads, or in spaces and private roads equivalent to public roads for the situations listed Article 35
2 – For the purposes of the preceding paragraph, the Exceptions provided for in Article 35 apply in the Very High and Extreme Risk Counties, and travel to grocery stores and supermarkets and other establishments selling food and hygiene products is also permitted, for people and animals. (As amended by 47/2020 – 22-11-2020)
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 42
Measures applicable to Very High and Extreme Risk Counties
In very high and extreme risk counties:
a) In terms of closing hours, the provisions of article 37;
b) In terms of fairs and uprising markets, the provisions of article 38;
c) In terms of events, the provisions of article 39
Article 43
General duty of home collection in Very High and Extreme Risk Counties
Every day, outside the period between 23.00 hrs and 0500 hrs, as well as on Saturdays, Sundays and holidays in the period between 0500 hrs and 1300 hrs, citizens must refrain from circulating in public spaces and roads, as well as spaces and private roads equated to public roads, and remain in their home, except for travel authorized by this decree, applying the provisions of article 36.
Article 44
Retail and service activities on Saturdays, Sundays and holidays in Very High and Extreme Risk Counties
1 – On Saturdays, Sundays and holidays, outside the period between 08.00 hrs and 13.00 hrs and on November 30 and December 7, outside the period between 08.00 hrs and 15.00 hrs , activities in retail and service establishments located in Very High and Extreme Risk Counties 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 equal to or less than 200 square meters with autonomous and independent entry from the road public;
b) Catering establishments and similar establishments, regardless of the area of ​​sale or provision of services, provided that they are exclusively for the purpose of home delivery or for the provision of goods at the door of the establishment or the wicket (take-away), in this case, public access to the interior of the establishment is permitted;
c) Fuel filling stations not covered by article 14, exclusively for the purpose of selling fuel to the public and supplying vehicles and provided that within the scope of travel authorized under 35, applicable under article 40 .
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 0800 hrs
CHAPTER VI
Final dispositions
Article 45
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 46
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 the National Defense necessary to comply with the provisions of this decree.
Article 47
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 35, 40 and 41 .;
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 (ANEPC), for the purposes of monitoring and production of 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 powers the Secretary General of the Internal Security System and the Security Coordinating Office.
Article 48
Civil Protection
Within the scope of Civil Protection, and without prejudice to the provisions of Law No. 44/86 , of September 30, in its current wording:
a) Territorially competent political and institutional coordination structures are activated, which assess, depending on the evolution of the situation, the possible activation of the civil protection emergency plans at the respective territorial level;
b) The permanent assessment of the operational situation and the corresponding adequacy of the Special Alert State of the Integrated System of Protection and Relief Operations are carried out.
Article 49
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 provisions of the preceding paragraph, notification to recipients is understood by publishing the regulations or acts on the website of the competent entities for the approval of the regulations or the practice of the acts.
Article 50
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 to this decree;
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, 12, 35, 40, 41 and 44 of this decree, as well as the mandatory confinement of whoever is in it subject under 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 by raising awareness and raising awareness of duty general home collection and signaling with 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 51
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, which are justifiably addressed to them, made by the competent entities for the implementation of the measures of this decree.
Article 52
Safeguarding measures
The provisions of this decree are without prejudice to other measures that have already been adopted in the context of combating the disease COVID-19, prevailing over them when they provide otherwise.
Article 53
Implementation
This decree shall enter into force at 00:00 on 24 November 2020.
Seen and approved by the Council of Ministers on November 20, 2020. – António Luís Santos da Costa.
Signed on November 21, 2020.
Publish yourself.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on November 21, 2020.
The Prime Minister, António Luís Santos da Costa.

ANNEX I

(referred to in Article 2 (2))

1 — Aguiar da Beira

2 — Alandroal

3 — Alcoutim

4 — Aljezur

5 — Aljustrel

6 — Almodôvar

7 — Alpiarça

8 — Alter do Chão

9 — Alvaiázere

10 — Alvito

11 — Arraiolos

12 — Avis

13 — Barrancos

14 — Beja

15 — Bombarral

16 — Borba

17 — Caldas da Rainha

18 — Carrazeda de Ansiães

19 — Carregal do Sal

20 — Castanheira de Pêra

21 — Castelo de Vide

22 — Castro Marim

23 — Castro Verde

24 — Ferreira do Alentejo

25 — Ferreira do Zêzere

26 — Figueiró dos Vinhos

27 — Fornos de Algodres

28 — Fronteira

29 — Góis

30 — Golegã

31 — Gouveia

32 — Loulé

33 — Lourinhã

34 — Mação

35 — Marvão

36 — Mértola

37 — Moimenta da Beira

38 — Monchique

39 — Moura

40 — Mourão

41 — Óbidos

42 — Odemira

43 — Olhão

44 — Oliveira do Hospital

45 — Ourique

46 — Pedrógão Grande

47 — Pinhel

48 — Portel

N.º 227-A 21 de novembro de 2020 Pág. 27

Diário da República, 1.ª série

49 — Santa Comba Dão

50 — Santiago do Cacém

51 — São Brás de Alportel

52 — Sernancelhe

53 — Sertã

54 — Silves

55 — Sousel

56 — Tábua

57 — Tabuaço

58 — Tavira

59 — Vendas Novas

60 — Vidigueira

61 — Vila de Rei

62 — Vila Flor

63 — Vila Real de Santo António

64 — Vila Velha de Ródão

65 — Vouzela

ANEXO II
(a que se refere o n.º 3 do artigo 2.º)
Concelhos de Risco Elevado

1 — Albufeira

2 — Alcácer do Sal

3 — Alcobaça

4 — Alcochete

5 — Alenquer

6 — Almeida

7 — Almeirim

8 — Anadia

9 — Ansião

10 — Arronches

11 — Arruda dos Vinhos

12 — Barreiro

13 — Batalha

14 — Benavente

15 — Cadaval

16 — Campo Maior

17 — Castelo Branco

18 — Castro Daire

19 — Chamusca

20 — Coimbra

21 — Condeixa -a -Nova

22 — Cuba

23 — Elvas

24 — Entroncamento

25 — Estremoz

26 — Évora

27 — Faro

28 — Gavião

29 — Grândola

30 — Idanha -a -Nova

31 — Lagoa

32 — Lagos

33 — Leiria

34 — Lousã

35 — Mafra

36 — Marinha Grande

37 — Melgaço

38 — Mesão Frio

39 — Mira

40 — Miranda do Douro

41 — Moita

42 — Monção

43 — Monforte

44 — Montalegre

45 — Montemor -o -Novo

46 — Montemor -o -Velho

47 — Montijo

48 — Mortágua

49 — Nelas

50 — Palmela

51 — Paredes de Coura

52 — Penalva do Castelo

53 — Penedono

54 — Peniche

55 — Peso da Régua

56 — Ponte da Barca

57 — Ponte de Sor

58 — Portimão

59 — Porto de Mós

60 — Redondo

61 — Ribeira de Pena

62 — Rio Maior

63 — Salvaterra de Magos

64 — Santarém

65 — São João da Pesqueira

66 — Sardoal

67 — Serpa

68 — Sesimbra

69 — Sobral de Monte Agraço

70 — Soure

71 — Terras de Bouro

72 — Tomar

73 — Tondela

74 — Torres Novas

75 — Torres Vedras

76 — Trancoso

77 — Viana do Alentejo

78 — Viana do Castelo

79 — Vila do Bispo

80 — Vila Nova da Barquinha

81 — Vila Nova de Cerveira

82 — Vila Nova de Poiares

83 — Vila Viçosa

84 — Vimioso

85 — Vinhais

86 — Viseu

ANEXO III
(a que se refere o n.º 4 do artigo 2.º)
Concelhos de Risco Muito Elevado

1 — Abrantes

2 — Águeda

3 — Albergaria -a -Velha

4 — Alijó

5 — Almada

6 — Amadora

7 — Arcos de Valdevez

8 — Arganil

9 — Armamar

10 — Aveiro

11 — Azambuja

12 — Baião

13 — Boticas

14 — Bragança

15 — Cabeceiras de Basto

16 — Cantanhede

17 — Cartaxo

18 — Cascais

19 — Chaves

20 — Constância

21 — Coruche

22 — Covilhã

23 — Esposende

24 — Estarreja

25 — Figueira da Foz

26 — Fundão

27 — Guarda

28 — Ílhavo

29 — Lamego

30 — Lisboa

31 — Loures

32 — Macedo de Cavaleiros

33 — Mangualde

34 — Mealhada

35 — Mêda

36 — Miranda do Corvo

37 — Mirandela

38 — Mogadouro

39 — Mondim de Basto

40 — Mora

41 — Murça

42 — Murtosa

43 — Nazaré

44 — Nisa

45 — Odivelas

46 — Oeiras

47 — Oleiros

48 — Oliveira de Frades

49 — Oliveira do Bairro

N.º 227-A 21 de novembro de 2020 Pág. 30

Diário da República, 1.ª série

50 — Ourém

51 — Pampilhosa da Serra

52 — Penacova

53 — Penamacor

54 — Penela

55 — Pombal

56 — Ponte de Lima

57 — Proença -a -Nova

58 — Reguengos de Monsaraz

59 — Resende

60 — Sabrosa

61 — Sabugal

62 — Santa Marta de Penaguião

63 — São Pedro do Sul

64 — Sátão

65 — Seia

66 — Seixal

67 — Setúbal

68 — Sever do Vouga

69 — Sines

70 — Sintra

71 — Tarouca

72 — Torre de Moncorvo

73 — Vagos

74 — Valpaços

75 — Vila Franca de Xira

76 — Vila Nova de Foz Côa

77 — Vila Nova de Paiva

78 — Vila Pouca de Aguiar

79 — Vila Real

80 — Vila Verde

ANEXO IV
(a que se refere o n.º 4 do artigo 2.º)
Concelhos de Risco Extremo

1 — Alcanena

2 — Alfândega da Fé

3 — Amarante

4 — Amares

5 — Arouca

6 — Barcelos

7 — Belmonte

8 — Braga

9 — Caminha

10 — Castelo de Paiva

11 — Celorico da Beira

12 — Celorico de Basto

13 — Cinfães

14 — Crato

15 — Espinho

16 — Fafe

17 — Felgueiras

Diário da República, 1.ª série

www.dre.pt

N.º 227-A 21 de novembro de 2020 Pág. 31

18 — Figueira de Castelo Rodrigo

19 — Freixo de Espada à Cinta

20 — Gondomar

21 — Guimarães

22 — Lousada

23 — Maia

24 — Manteigas

25 — Marco de Canaveses

26 — Matosinhos

27 — Oliveira de Azeméis

28 — Ovar

29 — Paços de Ferreira

30 — Paredes

31 — Penafiel

32 — Portalegre

33 — Porto

34 — Póvoa de Lanhoso

35 — Póvoa de Varzim

36 — Santa Maria da Feira

37 — Santo Tirso

38 — São João da Madeira

39 — Trofa

40 — Vale de Cambra

41 — Valença

42 — Valongo

43 — Vieira do Minho

44 — Vila do Conde

45 — Vila Nova de Famalicão

46 — Vila Nova de Gaia

47 — Vizela

Moderate Risk Counties

1 – Aguiar da Beira

2 – Alandroal

3 – Alcoutim

4 – Aljezur

5 – Aljustrel

6 – Almodôvar

7 – Alpiarça

8 – Alter do Chão

9 – Alvaiázere

10 – Alvito

11 – Arraiolos

12 – Avis

13 – Barrancos

14 – Beja

15 – Bombarral

16 – Borba

17 – Caldas da Rainha

18 – Carrazeda de Ansiães

19 – Carregal do Sal

20 – Castanheira de Pêra

21 – Castelo de Vide

22 – Castro Marim

23 – Castro Verde

24 – Ferreira do Alentejo

25 – Ferreira do Zêzere

26 – Figueiró dos Vinhos

27 – Fornos de Algodres

28 – Frontier

29 – Gois

30 – Golegã

31 – Gouveia

32 – Loulé

33 – Lourinhã

34 – Mação

35 – Marvão

36 – Mértola

37 – Moimenta da Beira

38 – Monchique

39 – Moura

40 – Mourão

41 – Óbidos

42 – Odemira

43 – Olhão

44 – Oliveira do Hospital

45 – Ourique

46 – Pedrógão Grande

47 – Pinhel

48 – Portel

49 – Santa Comba Dão

50 – Santiago do Cacém

51 – São Brás de Alportel

52 – Sernancelhe

53 – Sertã

54 – Silves

55 – Sousel

56 – Board

57 – Tabuaço

58 – Tavira

59 – New Sales

60 – Vidigueira

61 – Vila de Rei

62 – Vila Flor

63 – Vila Real de Santo António

64 – Vila Velha de Ródão

65 – Vouzela

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

1 – Albufeira

2 – Alcácer do Sal

3 – Alcobaça

4 – Alcochete

5 – Alenquer

6 – Almeida

7 – Almeirim

8 – Anadia

9 – Ansião

10 – Arronches

11 – Arruda dos Vinhos

12 – Barreiro

13 – Battle

14 – Benavente

15 – Cadaval

16 – Campo Maior

17 – Castelo Branco

18 – Castro Daire

19 – Singe

20 – Coimbra

21 – Condeixa-a-Nova

22 – Cuba

23 – Elvas

24 – Junction

25 – Estremoz

26 – Évora

27 – Faro

28 – Hawk

29 – Grândola

30 – Idanha-a-Nova

31 – Lagoa

32 – Lagos

33 – Leiria

34 – Lousã

35 – Mafra

36 – Marinha Grande

37 – Melgaço

38 – Mesão Frio

39 – Mira

40 – Miranda do Douro

41 – Clump

42 – Monsoon

43 – Monforte

44 – Montalegre

45 – Montemor-o-Novo

46 – Montemor-o-Velho

47 – Montijo

48 – Mortágua

49 – In them

50 – Palmela

51 – Paredes de Coura

52 – Penalva do Castelo

53 – Penedono

54 – Peniche

55 – Peso da Régua

56 – Ponte da Barca

57 – Ponte de Sor

58 – Portimão

59 – Porto de Mós

60 – Round

61 – Ribeira de Pena

62 – Rio Maior

63 – Salvaterra de Magos

64 – Santarém

65 – São João da Pesqueira

66 – Sardoal

67 – Serpa

68 – Sesimbra

69 – Sobral de Monte Agraço

70 – Soure

71 – Terras de Bouro

72 – Tomar

73 – Tondela

74 – Torres Novas

75 – Torres Vedras

76 – Trancoso

77 – Viana do Alentejo

78 – Viana do Castelo

79 – Vila do Bispo

80 – Vila Nova da Barquinha

81 – Vila Nova de Cerveira

82 – Vila Nova de Poiares

83 – Vila Viçosa

84 – Vimioso

85 – Vineyards

86 – Viseu

ANNEX III
(referred to in Article 2 (4))
Very High Risk Counties

1 – Abrantes

2 – Águeda

3 – Albergaria-a-Velha

4 – Alijó

5 – Almada

6 – Amadora

7 – Arcos de Valdevez

8 – Arganil

9 – Armamar

10 – Aveiro

11 – Azambuja

12 – Baião

13 – Boticas

14 – Bragança

15 – Headlands of Basto

16 – Cantanhede

17 – Cartaxo

18 – Cascais

19 – Keys

20 – Constancy

21 – Coruche

22 – Covilhã

23 – Esposende

24 – Estarreja

25 – Figueira da Foz

26 – Fundão

27 – Guard

28 – Ílhavo

29 – Lamego

30 – Lisbon

31 – Loures

32 – Macedo de Cavaleiros

33 – Mangualde

34 – Mealhada

35 – Fear

36 – Miranda do Corvo

37 – Mirandela

38 – Mogadouro

39 – Mondim de Basto

40 – Mora

41 – Murça

42 – Murtosa

43 – Nazaré

44 – Nisa

45 – Odivelas

46 – Oeiras

47 – Potters

48 – Oliveira de Frades

49 – Oliveira do Bairro

50 – Ourém

51 – Pampilhosa da Serra

52 – Penacova

53 – Penamacor

54 – Penela

55 – Pombal

56 – Ponte de Lima

57 – Proença-a-Nova

58 – Reguengos de Monsaraz

59 – Resende

60 – Sabrosa

61 – Sabugal

62 – Santa Marta de Penaguião

63 – São Pedro do Sul

64 – Sátão

65 – Seia

66 – Seixal

67 – Setúbal

68 – Sever do Vouga

69 – Sines

70 – Sintra

71 – Tarouca

72 – Torre de Moncorvo

73 – Vacant

74 – Valpaços

75 – Vila Franca de Xira

76 – Vila Nova de Foz Côa

77 – Vila Nova de Paiva

78 – Vila Pouca de Aguiar

79 – Vila Real

80 – Vila Verde

ANNEX IV
(referred to in Article 2 (4))
Extreme Risk Counties

1 – Alcanena

2 – Customs of Faith

3 – Amarante

4 – Amares

5 – Arouca

6 – Barcelos

7 – Belmonte

8 – Braga

9 – Caminha

10 – Paiva Castle

11 – Celorico da Beira

12 – Celorico de Basto

13 – Cinfães

14 – Crato

15 – Thorn

16 – Fafe

17 – Felgueiras

18 – Figueira de Castelo Rodrigo

19 – Ash of Sword with Strap

20 – Gondomar

21 – Guimarães

22 – Lousada

23 – Maia

24 – Butters

25 – Marco de Canaveses

26 – Matosinhos

27 – Oliveira de Azeméis

28 – Ovar

29 – Paços de Ferreira

30 – Walls

31 – Penafiel

32 – Portalegre

33 – Porto

34 – Póvoa de Lanhoso

35 – Póvoa de Varzim

36 – Santa Maria da Feira

37 – Santo Tirso

38 – São João da Madeira

39 – Trofa

40 – Vale de Cambra

41 – Valença

42 – Valongo

43 – Vieira do Minho

44 – Vila do Conde

45 – Vila Nova de Famalicão

46 – Vila Nova de Gaia

47 – Vizela

ANNEX V

[referred to in article 12 and point c) of paragraph 1 of article 50]

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 32.

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:

Beverage establishments and the like, 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.

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