Informal Translation into English
Decree no. 3-D / 2021
Publication: Diário da República no. 20/2021, 1st Supplement, Series I of 2021-01-29
Issuer: Presidency of the Council of Ministers
Proponent Entity: Presidency of the Council of Ministers
Diploma Type: Decree
Number: 3-D / 2021
Pages: 223- (2) to 223- (5)
PDF version: Download
Regulates the state of emergency decreed by the President of the Republic
Decree no. 3-D / 2021
Summary: Regulates the state of emergency decreed by the President of the Republic.
Since November 2020, the declaration of a state of emergency has been repeatedly renewed based on the verification of a public calamity situation. After another period of 15 days in which the Decree of the President of the Republic no. 6-B / 2021 , of 13 January was in force , the epidemiological situation verified in Portugal justified that it be renewed again, which occurred through the Decree of the President of the Republic no. 9-A / 2021 , of 28 January.
The Government considers, however, that the measures that have been in force should remain unchanged, in order to guarantee citizens and companies the possible stability in the normative framework to combat the pandemic, as well as guarantee the most evident mitigation and reduction of cases associated with the COVID-19 disease pandemic.
For this reason, this decree determines the maintenance of the validity of the rules contained in Decree no. 3-A / 2021 , of January 14, in its current wording, without prejudice to the adjustment that must occur in terms of suspension of academic activities and the setting of some new rules whose approval became imperative due to the evolution of the epidemiological situation.
Thus, the term of Decree no. 3-A / 2021 , of January 14, in its current wording, is extended until 23:59 h of February 14, 2021, with the exception of the part related to the suspension of academic activities foreseen in it, which is effective until February 5, 2021.
Despite the consensus that schools are safe places, and are not privileged foci for the spread of COVID-19 disease, this suspension is part of the global effort to change behaviours and promote respect for the general duty of home care, further reducing circulation inherent to the normal functioning of schools. This option is also based on the fact that we are at the beginning of the second term, making it possible to compensate for these days of suspension in the school calendar.
This decree maintains the network of schools for the reception of children or other dependents of essential service workers, as well as support for students, namely therapeutic support and additional measures for students with these educational needs and meals for students benefiting from school social action. .
From February 8, 2021, the educational and teaching activities of public, private and cooperative education establishments and the social and solidarity sector, pre-school education and basic and secondary education are suspended in person, and are resumed. On a non-face-to-face basis under the terms of the Resolution of the Council of Ministers no. 53-D / 2020 , of 20 July.
On the other hand, it is foreseen in this decree that, when the epidemiological situation justifies it, certain members of the Government may determine the suspension of flights with origin and destination in certain countries, as well as the imposition of a mandatory confinement period upon arrival in the territory passengers to certain countries.
Limitations on travel that are not strictly essential outside the mainland by Portuguese citizens are made by any means, namely by road, rail, air, river or sea, without prejudice to the exceptions provided for in this decree.
This decision arises in an attempt to prevent Portugal from contributing to the spread of this strain, particularly in other European countries. In fact, according to laboratory data – which allow monitoring, in a sample of individuals dispersed in Portugal, the positive results of tests for SARS-CoV-2 for the “British variant” – about 32.2% of cases may correspond to called “British variant” and, in the Lisbon Metropolitan Area region, this variant can represent almost 50% of confirmed cases.
Likewise, in the same path, the control of people at Portuguese internal borders is restored, cross-border rail circulation is suspended, except for the transport of goods, river transport between Portugal and Spain is suspended, establishing, however, some authorized crossing points at the land border.
Finally, it is foreseen the reinforcement of human resources in health units, allowing, namely, that the health care establishments of the National Health Service can, exceptionally and under the terms and within the limits provided for in this decree, proceed hiring fixed-term employees, up to the limit of one year, of holders of academic degrees conferred by a foreign higher education institution in the fields of medicine and nursing.
Under the terms of paragraph g) of article 199 of the Constitution, the Government decrees:
This decree regulates the extension of the state of emergency effected by the Decree of the President of the Republic no. 9-A / 2021 , of 28 January.
Extension of Decree no. 3-A / 2021 , of January 14
Without prejudice to the provisions of paragraph 1 of the following article, the term of Decree no. 3-A / 2021 , of January 14, in its current wording, is extended until 11:59 pm on February 14, 2021.
1 – The suspension provided for in paragraph a) of paragraph 1 of article 31-A of Decree no. 3-A / 2021 , of January 14, in its current wording, is effective only until February 5 2021.
2 – From February 8, 2021, the educational and teaching activities of public, private and cooperative education establishments and the social and solidarity sector, pre-school education and basic and secondary education are suspended in person, being resumed on a non-face-to-face basis, under the terms of the Resolution of the Council of Ministers no. 53-D / 2020 , of 20 July.
3 – Except for the provisions of the previous number, whenever necessary, with the same being assured, therapeutic support provided in special education establishments, in schools and, still, by the resource centres for inclusion, as well as the reception in the units integrated in learning support centres, for students for whom additional measures have been mobilized, while safeguarding the guidelines of health authorities.
4 – During the term of the regimes provided for in paragraphs 1 and 2, the provisions of article 31-B of Decree no. 3-A / 2021 , of January 14, remain in force, with the necessary adaptations. , in its current wording.
5 – Except for the suspension provided for in paragraph a) of paragraph 1 of article 31-A of Decree no. 3-A / 2021 , of 14 January, in its current wording, and in 2 of this article to conduct tests or exams of international curricula.
Travel outside the mainland
1 – It is prohibited to travel outside the continental territory, by Portuguese citizens, carried out by any means, namely by road, rail, air, river or sea.
2 – Strictly essential travel is excluded from the provisions of the previous number, namely:
a) Travel for the performance of professional or equivalent activities, duly documented, within the scope of activities with an international dimension;
b) Travel for the purpose of leaving Portuguese territory by Portuguese citizens residing in other countries;
c) Travel, exceptionally, for the purpose of family reunion of spouses or equivalent and family members up to 1st degree on the straight line;
d) Travel by aircraft, vessels or vehicles of the State or the Armed Forces;
e) Travel for the transportation of cargo and mail;
f) Travel for humanitarian or medical emergency purposes, as well as for the purpose of access to health facilities, under the terms of bilateral agreements relating to the provision of health care;
g) Technical scales for non-commercial purposes;
h) Travel for the purpose of international goods transport, the transport of cross-border workers and seasonal workers with documented employment relationship, the circulation of emergency and relief vehicles and emergency services;
i) Displacement of office holders in sovereign bodies in the exercise of their functions;
j) Travel to the Autonomous Regions of the Azores and Madeira.
3 – The provisions of paragraph 1 do not affect journeys that began before the entry into force of this decree nor journeys to another country and with a stopover in continental territory provided that it does not oblige you to leave airport facilities.
Restoring control of people at land and river borders
1 – The control of persons at the internal Portuguese, land and river borders is restored, pursuant to paragraph 6 of article 6 of Law no. 23/2007 , of July 4, in its current wording, and Article 28 of the Schengen Borders Code, approved by Regulation (EU) 2016/399 of the European Parliament and of the Council, of 9 March 2016, in its current wording.
2 – Without prejudice to the collaboration between security forces and services, it is up to the Aliens and Borders Service to apply the present measures in terms of border control and the Republican National Guard to carry out surveillance between the authorized crossing points under the terms of no. 7.
3 – Road traffic at internal land borders is prohibited, regardless of the type of vehicle, with the exception of the international transport of goods, the transport of cross-border workers and the circulation of emergency and relief and emergency service vehicles.
4 – Rail traffic between Portugal and Spain is suspended, except for the purpose of transporting goods.
5 – River transport between Portugal and Spain is suspended.
6 – The limitations referred to in the previous paragraphs are without prejudice to:
a) The right of entry for national citizens and holders of residence permits in Portugal;
b) The right to leave citizens residing in another country;
c) The application, to non-resident foreign citizens, of the exceptions provided for in paragraph 2 of the previous article.
7 – For the purposes of this article, the authorized crossing points at the land border are determined by order of the Government member responsible for the area of internal administration.
Flight suspension and mandatory confinement
When the epidemiological situation so justifies, the members of the Government responsible for the areas of foreign affairs, national defence, internal administration, health and civil aviation can, by order, determine:
a) Suspension of flights to and from certain countries;
b) The need to impose a mandatory confinement period on arrival to national territory for passengers from certain countries.
Reinforcement of human resources in health units
1 – The establishments that provide health care to the National Health Service may, exceptionally, contract permanent resolution, up to the limit of one year, of holders of academic degrees conferred by a foreign higher education institution in the field of medicine when they prove that they have already passed the written examination of the specific recognition process for the integrated study cycle of the master’s in medicine.
2 – The establishments providing health care referred to in the preceding paragraph may, exceptionally, proceed to the hiring of resolutive term, up to the limit of one year, of holders of academic degrees conferred by a foreign higher education institution in the field of nursing, at the level identical to the Bachelor’s degrees awarded by Portuguese higher education institutions, when they prove one of the following conditions:
3 – The exercise of professional functions in Portugal after the termination of the contracts referred to in the preceding paragraphs requires registration with the competent professional order, under the terms provided for in the respective statutes.
4 – Students enrolled in study cycles in the field of nursing at the date of entry into force of this decree who are already holders of a foreign academic degree may be credited with the full amount of training and professional experience duly proven, without the need to observe the limits defined in article 45 of Decree-Law no. 74/2006 , of 24 March, in its current wording.
5 – Hiring under this article complies with the other legally applicable terms regarding the hiring of health professionals.
This decree comes into force at 00:00 on January 31, 2021.
Seen and approved by the Council of Ministers on January 28, 2021. – António Luís Santos da Costa.
Signed on January 28, 2021.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on January 28, 2021.
The Prime Minister, António Luís Santos da Costa.