Resolution of Council of Ministers 17/2022 Dated 6-2-2022

Resolution of Council of Ministers n.º 17/2022 from 2022-02-06

Changes the measures applicable in the scope of the COVID-19 disease pandemic.

Note: This shows the changes that have taken place highlighted in red, crossed referenced to 157/2021.

The Resolution 17/2022 can be read in full here

The Resolution of the Council of Ministers No. 157/2021 – States the calamity situation in the scope of the COVID-19 disease pandemic of 2021-11-27 is in place with the changes by Resolution 17/2022:

1 – Amend articles 9, 10, 11, 13, 16, 17, 18 and 19 of the regime attached to Council of Ministers Resolution No. 157/ 2021, of November 27, in its current wording, which are replaced by the following wording:

Article 9 – Tourist establishments or local accommodation establishments

1 – Access to tourist establishments or local accommodation establishments, regardless of the day of the week or time of day, depends on the presentation by customers at the time of check-in:

a) An EU COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021, of 25 June;

b) Presentation by customers of proof of vaccination whose recognition has been determined by the order provided for in paragraph 3 of article 4 of Decree-Law nº 54-A/2021, of 25 June, in its current wording;

c) Proof of laboratory testing with a negative result, and this test must comply with the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of Decree-Law nº 54-A/ 2021, from June 25th or

d) The performance of a test by customers with a negative result, under the terms to be defined by the DGS and the Instituto Nacional de Saúde Doutor Ricardo Jorge, I. P. (INSA, I. P.).

2 – The requirement to present a certificate or proof of testing under the terms of the previous number is waived for workers in spaces or establishments as well as any suppliers or service providers that enable them to function.

3 – Without prejudice to the following number, the provisions of the following article shall apply to restaurant and similar establishments integrated in tourist establishments or local accommodation establishments.

4 – The provisions of the previous number are not applicable to guests of that tourist establishment or local accommodation who have already complied with the provisions of paragraph 1.

Article 10 – Restaurants and similar

1 – Access to restaurants and similar establishments, regardless of the day of the week or time, depends on the presentation by the customers:

a) An EU COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021, of 25 June;

b) The presentation, by customers, of proof of vaccination whose recognition has been determined by the order provided for in paragraph 3 of article 4 of Decree-Law no. 54-A/2021, of June 25, in its current wording;

d) The performance, by customers, of a test with a negative result, under the terms to be defined by the DGS and the INSA, I. P.

2 – The requirement to present a certificate or proof of completion of a test under the terms of the previous number is waived:

a) For the permanence of citizens on open terraces, as well as for the mere entry of these citizens inside the establishment for the purpose of accessing common services, namely access to sanitary facilities and payment systems;

b) To the workers of spaces or establishments, as well as to any suppliers or service providers that enable their operation.

3 – For the purposes of paragraph a) of the previous number, open terraces are considered, namely:

a) Those that fall within the concept of open esplanade under the terms of Decree-Law No. 48/2011 , of April 1, in its current wording, provided they are outdoors; or

b) Any space in the establishment, as long as it is outdoors.

4 – For the purposes of the preceding paragraph, when spaces have a structure or coverage, this does not preclude qualification as an open terrace, provided that they are folded down or removed so that the space is not fully covered and allows air circulation.

5 – For terraces that do not integrate the concept of open terrace, the rules for catering establishments and similar indoors apply.

Article 11 – casinos, bingos or similar

1 – Access to casinos, bingos or similar, regardless of the day of the week or time, depends on the presentation, by the customers:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June;

c) Proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021 , of 25 June or

d) The performance, by the clients, of a test with a negative result, under the terms to be defined by the DGS and by INSA, IP.

Article 12 – Nightlife Bars and Clubs

1 – Access to nightlife bars and clubs, regardless of the day of the week or time, depends on:

a) The presentation, by customers, of the EU COVID Digital Certificate in the modalities of test or recovery certificate, as provided for, respectively, in paragraphs b) and c) of paragraph 1 of article 4 of Decree-Law no. 54-A/2021, of 25 June, in its current wording;

b) The presentation, by the customers, of another proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 .º of Decree-Law No. 54-A/2021, of 25 June, in its current wording; or

c) The performance, by the clients, of a test with a negative result, under the terms to be defined by the DGS and by INSA, IP

2 – Compliance with the provisions of the preceding paragraph is waived for workers in spaces or establishments as well as any suppliers or service providers that enable the operation of the same, except, in both cases, if required under other rules.

Article 13 – Events

1 – Events, including sports, as well as other events not covered by paragraph 6, whether held indoors, outdoors or outside fixed venues, may be held in accordance with the specific guidelines of the DGS provided that preceded by a risk assessment, by the local health authorities, to determine the feasibility and conditions of its realization.

2 – Without prejudice to the provisions of paragraph 4, access to events of any nature, as well as shows, depends on the presentation, by all participants:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021, of 25 June;

d) The performance, by the clients, of a test with a negative result, under the terms to be defined by the DGS and by INSA, IP.

3 – The provisions of the previous number are not applicable to religious celebrations.

4 – Access to big events, sports events, events that do not have marked seats, events that involve the mobility of people through different spaces or events that take place in temporary or improvised venues, covered or outdoors, depends on:

a) The presentation of the EU COVID Digital Certificate in the modalities of test or recovery certificate, as provided for, respectively, in subparagraphs b) and c) of paragraph 1 of article 4 of Decree-Law no. A/2021, of June 25;

b) The presentation of other proof of laboratory testing with a negative result, and this test must meet the requirements set out in subparagraphs i) or ii), as applicable, of subparagraph b) of paragraph 1 of article 4 of the Decree -Law No. 54-A/2021, of June 25; or

c) The performance of a test with a negative result, under the terms to be defined by the DGS and by the National Institute of Health Doctor Ricardo Jorge, IP (INSA, IP).

5 – The DGS defines the number of participants from which it is considered “big events’, as well as the number of participants up to which, in events of the nature referred to in the previous number, the presentation of a EU COVID Digital Certificate is waived, in the form of test or recovery certificate, proof of a test with a negative result or of the performance of a test, in which case the provisions of paragraph 2 shall apply.

6 – Family events, including weddings and baptisms, religious celebrations, events of a corporate nature held in spaces suitable for this purpose, namely congress halls, tourist establishments, venues suitable for holding trade fairs and cultural events venues of a fixed nature.

7 – Without prejudice to the duty to request and verify compliance with the provisions of paragraphs 2 and 4 by the event organizers, the responsibility for carrying out diagnostic tests for SARS-CoV-2, as well as for the respective charges, is of the participant in the event.

Article 16 – Access to gyms

1 – Access to gyms depends on:

a) COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021, of 25 June;

d) The performance, by the clients, of a test with a negative result, under the terms to be defined by the DGS and by INSA, IP.

2 – Compliance with the provisions of the preceding paragraph is waived to workers in spaces or establishments, as well as to any suppliers or service providers that enable the operation of the same.

Article 17 – Exceptions to the rules on presentation of certificates

1- For the purposes of this chapter, minors under 12 years of age are exempt from the obligation to present a COVID EU Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021, of 25 June, from the presentation of proof of taking a test with a negative result or taking a test.

2 – For the purposes of paragraph 1 of article 12, paragraph 4 of article 13, paragraph a) of paragraph 1 of article 14 and article 15, anyone who demonstrates having been vaccinated with a booster dose of a vaccine against COVID-19, as defined in point b) of paragraph 2 of article 4 of Decree-Law nº 54-A/2021, of 25 June, in its current wording.

Chapter IV – Measures applicable to air traffic, airports and land, sea and river borders

Article 18 – General rules applicable to entry into national territory by air

1 – Only essential and non-essential travel are allowed:

a) Passengers from countries of the European Union and countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland);

b) Passengers with an EU COVID Digital Certificate admitted under the terms of paragraph 1 of article 5 of Decree-Law nº 54-A/2021, of 25 June, as well as passengers holding a digital certificate for a vaccine against COVID-19 with marketing authorization under Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004, which has been the subject of an implementing decision by the European Commission, pursuant to paragraph 2 of article 8 of Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June;

c) Passengers with proof of vaccination whose recognition has been determined by the order provided for in paragraph 3 of article 4 of the Decree-Law No. 54-A/2021, of June 25, in its current wording;

d) Passengers coming from countries, special administrative regions and territorial entities and authorities not recognized as countries by at least one Member State of the European Union, whose epidemiological situation is in accordance with Council Recommendation (EU) 2020/912, of 30 June 2020, and respective updates, regarding air connections with Portugal and included in the list to be defined under the terms of paragraph 4, subject to confirmation of reciprocity, or passengers from these countries even though they make a stopover in countries listed in the same list;

e) Passengers coming from other countries to be defined under the terms of paragraph 4 when the order provided for therein allows.

2 – Essential travel by passengers from countries not listed in the previous number are also authorized, namely:

a) Travel made for professional, study, family, health or humanitarian reasons;

b) Travel intended to allow the return to the respective countries of foreign citizens who are in mainland Portugal, provided that such flights are promoted by the competent authorities of such countries, subject to prior request and agreement, and in compliance with the principle of reciprocity.

3 – Foreign citizens without legal residence in national territory who make a stopover at a national airport must wait for a connecting flight to their respective countries at a proper location within the airport.

4 – When the epidemiological situation so justifies, the members of the Government responsible for the areas of foreign affairs, national defense, internal administration, health and civil aviation may, by means of an order, determine to apply restrictive measures to entry into national territory and to air traffic coming from certain countries, as well as establishing rules different from those defined in this chapter, namely with regard to the permission of non-essential travel or the presentation of a nucleic acid amplification test (NAAT) or rapid antigen test (TRAg) , following the implementation of vaccination, testing and recovery certificates or proof of vaccination.

Article 19 – Rules applicable to entry into national territory by air in matters of temperature control and testing

1 – Airlines must only allow passengers to board flights to or from mainland Portugal upon presentation, at the time of departure, of proof of carrying out a nucleic acid amplification test (NAAT) or a rapid antigen test (TRAg) for professional use to screen for SARS-CoV-2 infection with a negative result, carried out within 72 or 24 hours prior to the time of boarding, respectively, the airlines are responsible for verifying the existence of the aforementioned test proof at the time of departure, without prejudice to the provisions of paragraph 16.

2 – For the purposes of the previous number, the presentation of one of the proofs referred to in subparagraphs b) and c) of paragraph 1 of the previous article does not require the presentation of proof of carrying out a test with a negative result, under the terms of paragraph 1 of article 6 of Decree-Law No. 54-A/2021, of June 25th.

5 – The provisions of the previous numbers are not applicable to minors under 12 years of age, under the terms of paragraph 2 of article 6 of Decree-Law nº 54-A/2021, of 25 June.

9 – For the purposes of the provisions of this article, only rapid antigen tests (TRAg) that appear on the common list of rapid antigen tests to screen for COVID-19 disease within the Community, agreed by the Union Health Security Committee European.

10 – For the purposes of complying with the provisions of the previous number, proof of laboratory performance of a rapid antigen test (TRAg) must necessarily indicate the set of standardized data agreed by the Health Safety Committee of the European Union.

2 – Revoke paragraph b) of nº 11 of Resolution of the Council of Ministers nº 157/2021, of 27 November, in its current wording, and nº 4 of article 3, nº 4 of article 12 and article 23 of the regime annexed to that Resolution of the Council of Ministers.

3 – To determine that this resolution enters into force on the day following its publication.

Resolution of Council of Ministers 17/2022 Dated 6-2-2022 | Safe Communities Portugal

Resolution of Council of Ministers n.º 17/2022 from 2022-02-06