Translation into informal English
Resolution of the Council of Ministers no. 59-B / 2021
Publication: Diário da República no. 94/2021, 4th Supplement, Series I of 2021-05-14
Issuer: Presidency of the Council of Ministers
Diploma Type: Resolution of the Council of Ministers
Number: 59-B / 2021
Pages: 59- (2) to 59- (7)
ELI: https://data.dre.pt/eli/resolconsmin/59-B/2021/05/14/p/dre
PDF version: Download
SUMMARY
Declares the situation of calamity in the context of the pandemic of the disease COVID-19
TEXT
Resolution of the Council of Ministers no. 59-B / 2021
Summary: Declares the situation of calamity, in the context of the pandemic of the disease COVID-19.
Notwithstanding the improvement in the epidemiological situation caused by the pandemic of the disease COVID-19, the context justifies that the calamity situation in mainland Portugal be declared again and that the measures to combat and contain the spread of the SARS-CoV-2 virus and COVID-19 disease be extended.
With regard to the territorial scope of those measures, which is defined weekly by the Government based on the criteria provided for in the Resolution of the Council of Ministers no. 19/2021, of March 13, it is determined that the municipality of Resende and the parish of São Teotónio, in the municipality of Odemira, apply the measures corresponding to the 2nd phase of deconfinement (level 3) and that the municipalities of Arganil and Lamego are apply the measures related to the 3rd phase of deconfinement (level 2). All other municipalities in mainland Portugal are subject to the level 1 rules, corresponding to the 4th phase of deconfinement.
With regard to the measures to be in force in the next fortnight for most of the mainland national territory, they correspond, in essence, to those in force since 1 May. However, the operation – provided that in accordance with the guidelines of the Directorate-General for Health – of itinerant amusement equipment (that used in fairs for example) , children’s amusement parks of a private nature and water parks is now permitted. It is also determined that, in these municipalities, sports facilities where services are provided will close at 10:30 pm.
Finally, the measures applicable to air traffic, airports and land, sea and river borders are also amended. In particular, flights to and from the United Kingdom are excluded from the suspension of air traffic to and from mainland Portugal, and the rules regarding travel originating in countries belonging to the European Union, in European countries associated with the Schengen Area or in the United Kingdom.
Thus:
Under the terms of articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 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, of Article 17 of Law No. 81/2009 , of August 21, and Article 19 of Law No. 27/2006 , of 3 of July, in its current wording, and of paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:
1 – Amend paragraphs 1, 3, 7 and 16 of the Resolution of the Council of Ministers no. 45-C / 2021 , of 30 April, as amended by the Resolutions of the Council of Ministers no. 46-C / 2021 , of May 6, and 52-A / 2021 , of May 11, which are replaced by the following:
«1 – To declare, following the epidemiological situation of COVID-19, until 11:59 pm on May 30, 2021, the situation of calamity throughout the continental national territory.
3 – […]:
a) The closure of establishments and the cessation of activities provided for in annex i to the regime annexed to this resolution and of which it forms an integral part, as well as in articles 38 and 43;
b) Commination 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, approved by Decree-Law no. 48/95, of 15 March, in its current wording, of Article 6 of Law No. 27/2006, of July 3, in its current wording, for violation of the provisions of Article 10 of the regime attached to this resolution, as well as articles 38 and 43 and, also, mandatory confinement by those subject to it under the terms of article 3 of the aforementioned regime;
ç) […].
7 – To recommend to the parish councils, within the framework of ensuring compliance with the provisions of the regime attached to this resolution, the signalling, with the security forces and services, of the municipal police and ASAE, of the establishments to be closed, to guarantee the cessation of the activities provided for in annex i to the regime annexed to this resolution, as well as in articles 38 and 43.
16 – To determine that the present resolution takes effect at 00:00 on May 15, 2021. »
2 – Change articles 2, 12, 15, 23, 24, 25, 27, 30, 36, 38 and 43 of the regime annexed to the Resolution of the Council of Ministers no. 45-C / 2021 , of April 30, in its current wording, which now have the following wording:
Article 2
[…]
1 – […].
2 – […]:
a) Arganil;
b) Lamego;
ç) […].
3 – The provision in section ii of chapter iii is especially applicable to the following municipality and the following parish, which, according to the criteria defined in the Resolution of the Council of Ministers no. 19/2021 , of 13 March, are found in level 3 of the gradual strategy of lifting containment measures in the context of combating the pandemic of the disease COVID-19:
a) Resende;
b) Parish of São Teotónio, in the municipality of Odemira;
ç) […].
4 – [Repealed.]
5 – […].
Article 12
[…]
[…]:
a) Allow the opening of some facilities or establishments referred to in annex i to the present regime or in articles 38 and 43, as well as the exercise of other activities of retail trade or provision of services that may prove to be essential with the evolution of the conjuncture;
B) […];
ç) […].
Article 15
[…]
1 – […].
two – […].
3 – […].
4 – […].
5 – Cultural facilities, as well as sports facilities where services are provided, whose operation is permitted under the terms of the present regime, close at 10:30 pm.
6 – […].
7 – […].
Article 23
[…]
1 – […]:
a) From and to the countries that integrate the European Union and countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland), as well as to and from the United Kingdom, without prejudice to the provisions of the following paragraph;
B) […];
ç) […];
d) […].
2 – Notwithstanding the provisions of paragraph a) of the preceding paragraph, only essential trips originating in countries belonging to the European Union and European countries associated with the Schengen Area are permitted, with an incidence rate equal to or greater than 500 cases per 100 000 inhabitants in the last 14 days, which are on a list to be defined in accordance with Article 25 (4), based on information provided by the European Centre for Disease Prevention and Control.
3 – […].
4 – […].
5 – […].
6 – […].
7 – […].
8 – […].
9 – […].
10 – The provisions of paragraph 2 are applicable, with the necessary adaptations, to the United Kingdom.
Article 24
[…]
1 – Airlines should only allow passengers to board flights with a destination or stopover in mainland Portugal by presenting, at the time of departure, proof of conducting a molecular test by RT-PCR to screen for SARS-CoV- infection. 2 with a negative result, carried out in the 72 hours prior to the time of departure, the airlines being responsible for verifying the existence of the said test at the time of departure, without prejudice to random verification, on arrival in mainland Portugal, by the Security Police Public Administration or the Foreigners and Borders Service (SEF).
two – […].
3 – […].
4 – […].
5 – […].
6 – […].
7 – […].
Article 25
[…]
1 – Passengers on flights originating in countries that make up the list to be defined under paragraph 4 must comply, after entering Portugal, with a period of prophylactic isolation of 14 days, at home or at a location indicated by the authorities of health, and an airport stopover in any of these countries is not considered to be the origin of this standard.
two – […].
3 – […].
4 – […].
5 – […].
6 – Within the scope of monitoring compliance with the provisions of this article, it is the responsibility of the SEF, based on a risk analysis, to verify the country of origin of the passengers or where they performed the molecular test by RT-PCR, making it available to the authorities of health.
Article 27
Measures applicable to land, sea and river borders
1 – […].
two – […].
3 – […].
4 – […].
5 – The provisions of paragraphs 1 and 2 of article 23, paragraph 1 of article 24 and paragraphs 1 to 3 of article 25 shall apply, with the necessary adaptations, to boarding and disembarkation of passengers and crews of cruise ships in ports located in mainland Portugal, in terms to be carried out by order of the Government members responsible for the areas of national defense, internal administration, health and infrastructure.
Article 30
[…]
1 – […]:
The) […];
B) […]:
i) Occupied seats must have an interval between spectators who do not belong to the same household that cohabits, and in the next row the occupied seats must be mismatched;
ii) […];
ç) […];
d) […];
and) […];
f) […];
g) […];
H) […].
two – […].
Article 36
[…]
Operation is permitted, provided that in compliance with the guidelines defined by the DGS:
- a) Children’s playgrounds, with the authorization of the mayor of the municipality with territorial jurisdiction;
- b) Children’s amusement parks of a private nature.
Article 38
[…]
[…]:
a) […];
b) […];
ç) […];
d) […];
e) […];
f) […];
g) […];
H) […];
i) […];
j) […];
k) Amusement parks, recreational parks and the like, without prejudice to the provisions of paragraph a) of article 36;
l) Water parks, without prejudice to workers’ access for the purpose of caring for animals;
m) Amusement and similar equipment.
Article 43
[…]
1 – […]:
a) […];
b) […];
ç) […];
d) […];
e) […];
f) […];
g) […];
h) […];
i) […];
j) […];
k) […];
l) […];
m) […];
n) […];
O) […];
p) Amusement parks, recreational parks and the like, without prejudice to the provisions of paragraph a) of article 36;
q) Water parks, without prejudice to workers’ access for the purpose of caring for animals;
r) Amusement and similar equipment.
two – […].
3 – […].
4 – […].
5 – […]. »
3 – Add to the regime attached to the Resolution of the Council of Ministers no. 45-C / 2021 , of April 30, in its current wording, article 33-A, with the following wording:
“Article 33-A
Amusement and similar equipment
1 – The operation of amusement equipment and the like is permitted provided that:
a) Observe the guidelines and instructions defined by the DGS, in a technical opinion specifically prepared for this purpose;
b) Operate in a place authorized, under the legal terms, by the local authority with territorial jurisdiction;
c) Comply with the provisions of Decree-Law No. 268/2009, of September 29, in its current wording, and in 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 resolution. »
4 – Amend annex i to the regime attached to the Resolution of the Council of Ministers no. 45-C / 2021 , of 30 April, with the wording introduced by this resolution, which is replaced by the wording contained in the annex to this resolution and of which it is an integral part.
5 – Repeal paragraph 4 of article 2, articles 49, 51 to 56 and section iii of chapter iii of the regime attached to the Resolution of the Council of Ministers no. 45-C / 2021 , of April 30, in its current wording.
6 – To determine that, without prejudice to the following paragraph, this resolution shall enter into force on the day following that of its publication.
7 – To establish that the amendments made by this resolution to articles 23, 24, 25 and 27 of the regime attached to the Resolution of the Council of Ministers no. 45-C / 2021 , of 30 April, take effect at 00:00 on 17 May 2021.
Presidency of the Council of Ministers, May 13, 2021. – The Prime Minister, António Luís Santos da Costa.
ATTACHMENT
(referred to in paragraph 4)
ANNEX I
[referred to in subparagraph a) of paragraph 3 and paragraph 7 of this resolution and articles 10, paragraph a) of article 12, article 38 and paragraph 43 (1) of the regime annexed to this resolution]
1 – Recreational, leisure and fun activities:
Discotheques, bars and dance or party halls;
Amusement parks, recreational parks and the like, without prejudice to the provisions of article 36;
Other locations or facilities similar to the previous ones.
2 – Activities in open spaces, spaces and public roads or spaces and private roads similar to public roads:
Nautical events and exhibitions;
Aeronautical tests and exhibitions;
Parades and popular festivals or folkloric or other manifestations of any nature.
3 – Gaming and betting spaces:
Game rooms and recreational rooms.
4 – Catering activities:
Bars and the like. »