Resolution of the Council of Ministers No. 181-A/2021

Summary: Amends applicable measures under the COVID-19 disease pandemic.

The evolution of the epidemiological situation in Portugal caused by the SARS-CoV-2 virus and the COVID-19 disease, taking into account, in particular, the high rate of vaccination and the significant compliance with the measures in force since 1 December, led to an improvement incidence and transmissibility indicators and a situation of maintenance of the NHS’s responsiveness, measured in different indicators such as testing, hospitalizations in the ward or Intensive Care Units.

However, the uncertainty brought about by the identification of Ómicron, a variant of concern, particularly considering the festive period that lies ahead, requires the adoption of urgent measures to respond to the effects caused by it, namely with regard to the extension of the retention period and the increase in situations in which diagnostic testing is required.

In this sense, on December 24, 25, 30 and 31, 2021 and January 1, 2022, a limitation of concentrations greater than 10 people in public spaces and public roads will apply, unless they all belong to the same cohabiting household.

The closing of bars, other non-spectacled beverage establishments and venues with dance venues is anticipated for December 25, 2021.

With the anticipation of the retention period, telecommuting becomes mandatory from December 25, 2021, remaining until January 9, 2022.

In addition, between December 25, 2021 and January 9, 2022, the allocation of publicly accessible spaces must observe the indicative maximum occupancy rules of 0.20 people per square meter of area, with the exception of service provision establishments .

On the other hand, in the period between December 25, 2021 and January 9, 2022, access to tourist establishments and local accommodation and sports venues is only allowed upon presentation of a negative test or recovery certificate.

Between December 25, 2021 and January 9, 2022, access to events, namely family events, including weddings and baptisms, corporate events, cultural events or sporting events, depends on the test presentation with negative result or recovery certificate. This requirement is also applicable for access to non-religious New Year’s parties or celebrations.

On December 24, 25, 30 and 31, 2021 and January 1, 2022, access to restaurants and similar establishments and to gambling establishments, casinos, bingos or similar, as well as to passing parties of year, it can also only be done upon presentation of a test with a negative result or certificate of recovery.

Finally, a ban on the consumption of alcoholic beverages on public roads is established on December 24, 25, 30 and 31, 2021 and January 1, 2022.

So:

Pursuant to article 12 of Decree-Law no. 54-A/2021 , of 25 June, in its current wording, of article 13 of Decree-Law no. 10-A/2020 , of 13 of March, in its current wording, pursuant to the provisions of article 2 of Law No. 1-A/2020 , of March 19, in its current wording, Bases 34 and 35 of Law No. 95/ 2019 , of 4 September, of article 17 of Law no. 81/2009 , of 21 August, of no. 6 of article 8 of Law no. 27/2006 , of 3 July, in its current wording, and of paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:

1 – Amend paragraphs 2, 3 and 11 of the Resolution of the Council of Ministers No. 157/2021 , of 27 November, which shall now read as follows:

«2 – […]:

a) […];

b) […];

c) […];

d) On December 24, 25, 30 and 31, 2021 and January 1, 2022, the limitation or restriction of access, circulation or permanence of people in spaces frequented by the public, as well as dispersion of concentrations greater than 10 people, unless they all belong to the same cohabiting household;

e) The limitation or conditioning of certain economic activities.

3 – To reinforce, without prejudice to the preceding paragraphs, that it is incumbent upon the security forces and services, the municipal police, the Food and Economic Safety Authority and the Authority for Working Conditions to monitor compliance with the provisions of this resolution and determine the reinforcement inspection actions of compliance with the provisions of this resolution, whether on public roads, in commercial and catering establishments or in workplaces, by:

a) The closure of establishments provided for in article 26 of the regime attached to this resolution and of which it forms an integral part;

b) In the period referred to in subparagraph d) of the previous number, advice on the non-concentration of people on public roads and the dispersion of concentrations greater than 10 people, unless they all belong to the same cohabiting household.

11 – […]:

a) […];

b) Between December 25, 2021 and January 9, 2022, for the purposes of paragraph 2 of article 2 of Decree-Law No. 79-A/2020 , of October 1, in its current wording, all municipalities in the continental national territory are considered, as well as the extension of the application of this regime, with the necessary adaptations, to the direct and indirect administration of the State and the recommendation of its application to other public entities, without prejudice to the provided for in Dispatch No. 8053-A/2021, of August 13.”

2 – Add to the regime attached to the Resolution of the Council of Ministers No. 157/2021 , of 27 November, chapter ve Articles 24 to 28, with the following wording:

CHAPTER V

Special provisions applicable during Christmas, New Year and until January 9, 2022

Article 24

Allocation of publicly accessible spaces between December 25, 2021 and January 9, 2022

Between December 25, 2021 and January 9, 2022, the allocation of publicly accessible spaces must observe the indicative maximum occupancy rules of 0.20 people per square meter of area, with the exception of establishments providing services.

Article 25

Access to tourist establishments or local accommodation between December 25, 2021 and January 9, 2022

1 – Without prejudice to the provisions of article 28, between December 25, 2021 and January 9, 2022, access to tourist establishments or local accommodation establishments, regardless of the day of the week or time, depends on the presentation, by customers, at check-in:

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

b) 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 54-A/2021 , of 25 June, in its current version.

2 – Between December 25, 2021 and January 2, 2022, access to the establishments referred to in the previous number may also be done by carrying out a test with a negative result, under the terms to be defined by the DGS and by the INSA, IP

3 – The requirement to present a test certificate with a negative result or proof of a test with a negative result under the terms of the previous numbers is waived for workers in spaces or establishments, as well as any suppliers or service providers that enable the operation of the same.

4-Without prejudice to the following paragraph, catering establishments and similar integrated in tourist establishments or local accommodation establishments shall apply the provisions of article 10 or paragraph 1 of article 28, as the case may be.

5 – Without prejudice to the provisions of article 28, the provisions of the preceding paragraph shall not apply to guests of this tourist establishment or local accommodation who have already complied with the provisions of paragraph 1.

6 – Between December 25, 2021 and January 9, 2022, the provisions of this article are a special rule and prevail over the provisions of article 9.

Article 26

Bars and other drinking establishments between December 25, 2021 and January 9, 2022

1 – Between December 25, 2021 and January 9, 2022, bars, other non-spectacled beverage establishments and establishments with dance venues are closed, even if these establishments are located in tourist establishments.

2 – In the period referred to in the preceding paragraph, the provisions of this article are a special rule and prevail over the provisions of article 12.

Article 27

Events between December 25, 2021 and January 9, 2022

1 – Between December 25, 2021 and January 9, 2022, access to events, namely family events, including weddings and baptisms, corporate events, cultural events or sporting events, depends on:

a) The presentation of the EU COVID Digital Certificate in the form 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, in its current wording; or

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, in its current wording.

2 – Between December 25, 2021 and January 2, 2022, access to the events referred to in the previous number may also be done by carrying out a test with a negative result, under the terms to be defined by the DGS and by the INSA, IP

3 – The DGS defines the characteristics of the events in which the presentation of certificates or tests under the terms of the previous numbers is waived, as well as the number of participants up to which such waiver also occurs.

4 – The provisions of the previous numbers are not applicable to religious celebrations.

5 – Without prejudice to the duty to request and verify compliance with the provisions of paragraphs 1 and 2 by the event organizers, the responsibility for carrying out SARS-CoV-2 diagnostic tests, as well as the respective charges, is of the participant in the event.

6 – Between December 25, 2021 and January 9, 2022, the provisions of this article are a special rule and prevail over the provisions of article 13 in everything that is incompatible.

Article 28

Special measures applicable during the Christmas and New Year period

1 – By way of derogation from the provisions of paragraph 1 of article 10 and paragraph 1 of article 11, on 24, 25, 30 and 31 December 2021 and 1 January 2022, access catering establishments and similar and gambling establishments, casinos, bingos or similar, depends on:

a) The presentation of the EU COVID Digital Certificate in the form 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, in its current wording;

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, in its current wording; or

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

2 – The requirement to present a test certificate with a negative result or proof of a test with a negative result under the terms 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.

3 – By way of derogation from the provisions of article 25, on December 30 and 31, 2021 and on January 1, 2022, the provisions of paragraph 1 shall apply to access by guests of tourist establishments or local accommodation to celebrations held in these places when they have presented proof of having carried out a test with a negative result referred to in paragraph 1 of article 25 more than 72 or 48 hours ago, depending on the type of test.

4 – Without prejudice to the provisions of article 26, the provisions of paragraph 1 shall apply to access to non-religious New Year’s parties or celebrations.

5 – On December 24, 25, 30 and 31, 2021 and January 1, 2022, the consumption of alcoholic beverages in open-air spaces with access to the public and public roads is prohibited, with the exception of the open terraces of establishments of catering and similar duly licensed for the purpose.

6 – The provisions of this article are a special rule and prevail over the provisions of the previous articles.”

3 – To revoke paragraph 3 of article 12 of the regime attached to the Resolution of the Council of Ministers no. 157/2021 , of 27 November.

4 – Determine that this resolution enters into force at 00:00 on December 24, 2021.

residency of the Council of Ministers, December 21, 2021. – The Prime Minister, António Luís Santos da Costa.