Resolution of the Council of Ministers No. 76-A/2021
Informal translation into English
Publication: Diário da República No. 116/2021, 2nd Supplement, Series I of 2021-06-17
Issuer: Presidency of the Council of Ministers
Type of Diploma: Resolution of the Council of Ministers
Number: 76-A/2021
Pages: 285-(2) to 285-(8)
ELI: https://data.dre.pt/eli/resolconsmin/76-A/2021/06/17/p/dre
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SUMMARY
Changes the measures applicable to certain municipalities under the calamity situation
TEXT
Resolution of the Council of Ministers No. 76-A/2021
Summary: Changes the measures applicable to certain municipalities in the context of the disaster situation.
The Government has been evaluating every seven days – based, namely, on the epidemiological data verified in each municipality – the territorial scope of application of the rules.
In these terms, and for this purpose, this resolution determines that in the next period of one week the municipalities of Albufeira, Arruda dos Vinhos, Braga, Cascais, Lisbon, Loulé, Odemira, Sertã and Sintra are included in the high risk level, the municipality of Sesimbra remains at a very high risk level.
At the same time, all other municipalities in the continental national territory are included in phase 1.
Furthermore, given the epidemiological situation in the Lisbon Metropolitan Area, its possible spread to the rest of the national territory, and given the presence and proliferation of variants of concern, a ban on movement to and from the Lisbon Metropolitan Area is foreseen between 15: 00h on June 18th and 06:00h on June 21st.
Finally, the possibility of accessing events is provided through the presentation of the EU COVID Digital Certificate.
Thus:
Pursuant to 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, of article 19 of Law no. 27/2006 , of 3 of July, in its current wording, and paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:
1 – Amend paragraphs 3 and 14 of the Resolution of the Council of Ministers no. 74-A/2021 , of 9 June, which shall read as follows:
3 – […]:
a) The closure of establishments and the cessation of activities provided for in annex i to the regime attached to this resolution and of which it is an integral part, as well as in articles 39 and 49;
b) The commission and participation for the crime of disobedience, under the terms and for the purposes of subparagraph b) of paragraph 1 of article 348 of the Penal Code, approved by Decree-Law No. 48/95, of 15 of 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 articles 3-A, 9, 39. º and 49.º of the regime attached to this resolution and, also, of the mandatory confinement by those who are subject to it under the terms of article 3 of the referred regime;
14 – […]:
The) […];
b) For the purposes of paragraph 2 of article 2 of Decree-Law no. 79-A/2020, of 1 October, in its current wording, municipalities with high and very high risk are considered. provided for in paragraphs 3 and 4 of article 2 of the regime annexed to this resolution.”
2 – Amend articles 2, 6, 20 and 25 of the regime annexed to Council of Ministers Resolution no. 74-A/2021 , of 9 June, which shall now have the following essay:
“Article 2
[…]
1 – […].
2 – […].
3 – […]:
a) Albufeira;
b) Arruda dos Vinhos;
c) Braga;
d) Cascais;
e) Lisbon;
f) Loulé;
g) Odemira;
h) Serta;
i) Sintra.
4 – The provisions of section iii of chapter iii are especially applicable to the municipality of Sesimbra, which, in accordance with the criteria defined in the Resolution of the Council of Ministers No. 70-B/2021 , of June 4, in particular in the its paragraph 4, is qualified, for the purposes of the present regime, as “Very high risk municipalities”.
Article 6
[…]
1 – […].
2.- […].
3 – […].
4 – […]:
The) […];
B) […];
ç) […];
d) The EU COVID Digital Certificate is not presented.
5 – […].
6 – […].
7 – […].
8 – […].
9 – The presentation of the EU COVID Digital Certificate dispenses with the presentation of proof of a test for screening for SARS-CoV-2 infection provided for in paragraphs 3 and 4.
Article 20
[…]
1 – Airlines should only allow passengers to board flights with destination or stopover in mainland Portugal upon presentation, at the time of departure, of proof of laboratory performance of nucleic acid amplification test (TAAN) or rapid test of antigen (TRAg) to screen for SARS-CoV-2 infection with a negative result, carried out within 72 or 48 hours prior to the time of boarding, respectively, with the airlines being responsible for verifying the existence of said test at the time of departure, without prejudice random verification, upon arrival in mainland national territory, by the Public Security Police or the Aliens and Borders Service (SEF).
2 – […].
3 – […].
4 – The provisions of the previous numbers are not applicable to children who have not yet completed 12 years of age.
5 – […].
6 – […].
7 – […].
8 – […].
9 – […].
10 – […].
11 – […].
Article 25
[…]
1 – […].
2 – […]:
The) […];
b) Events of a family nature, including weddings and baptisms, in accordance with the limits provided for in subparagraphs b) of paragraphs 2 of articles 39, 45 and 52, respectively;
ç) […];
d) […].
3 – Without prejudice to the preceding paragraph, in the absence of guidance from the DGS, except in the cases of subparagraph d) of the preceding paragraph in which the event depends on the existence of specific guidelines from the DGS, event organizers must observe, with the necessary adaptations, the provisions of paragraphs 1 and 2 of article 13, as well as articles 37, 44 and 51, depending on what is applicable to the catering spaces involved, and participants shall use mask or visor in closed spaces.
4 – […].
5 – […].”
3 – Add to the regime annexed to the Resolution of the Council of Ministers n.º 74-A/2021 , of 9 June, article 3-A, as well as section iii and articles 49 to 55, with the following wording:
“Article 3-A
Limitation on travel or circulation to and from the Lisbon Metropolitan Area
Circulation to and from the Lisbon Metropolitan Area between 15:00 on June 18 and 06:00 on June 21 is prohibited, without prejudice to the exceptions provided for in article 11 of the Decree No. 9/2020 , of 21 November, which are applicable with the necessary adaptations.
SECTION III
Measures applicable to very high risk municipalities
Article 49
Closure of facilities and establishments in very high risk municipalities
Without prejudice to what is listed in Annex I to this regime, the following facilities and establishments are closed:
a) Circuses;
b) Amusement parks and recreational parks and similar for children, without prejudice to the provisions of paragraph a) of article 34;
c) Any places intended for leisure sports, except for sports permitted under the terms of article 50;
d) Other locations or facilities similar to the above;
e) Bullfighting squares, places and installations;
f) The following sports facilities, except for sports allowed under the terms of article 50 and the guidelines of the DGS:
i) Rugby pitches and similar;
ii) Pavilions or enclosed spaces;
iii) Boxing rings, martial arts and similar;
iv) Multi-sport pavilions;
v) Stadiums;
g) Casinos;
h) Games of chance, such as bingo or similar establishments;
i) Restaurants and similar, cafeterias, tea houses and the like, although they may operate under the terms of articles 14 and 51;
j) Spas and spas or similar establishments;
k) Water parks, without prejudice to workers’ access for the purposes of animal care;
l) Nautical and aeronautical tests and exhibitions;
m) Entertainment equipment and the like.
Article 50
Schedules in very high risk municipalities
1 – Only establishments that have not closed under the provisions of Decree No. 3-A/2021 , of January 14th, as well as under the terms in which they are admitted under the terms of which they are admitted to the public, may open to the public before 10:00 am of this chapter, hairdressing salons, barbers, beauty parlours, restaurants and similar, cafeterias, tea houses and the like and sports facilities.
2 – Without prejudice to the provisions of the following paragraphs, non-food retail trade activities and the provision of services in establishments operating under the terms of this chapter close at 9:00 pm on weekdays and at 3:30 pm on Saturdays , Sundays and holidays.
3 – Food retail trade activities close at 9:00 pm on weekdays and at 7:00 pm on Saturdays, Sundays and holidays.
4 – Restaurants and similar establishments close, for the purpose of serving meals at the establishment, at 22:30 h on weekdays and at 15:30 h on Saturdays, Sundays and holidays.
5 – The timetables referred to in the preceding paragraph apply to catering establishments and similar integrated in tourist establishments or local accommodation establishments, without prejudice to the possibility of delivery to guest rooms (room service) or the consumption outside the establishment through home delivery, directly or through an intermediary, as well as for the provision of meals or packaged products at the door of the establishment or at the wicket (take-away).
6 – Cultural facilities, namely museums, monuments, palaces, archaeological sites and similar, whose operation is allowed in these municipalities close at 22:30 h.
7 – In the case of establishments authorized to operate 24 hours a day, they are authorized to reopen from 08:00 h.
8-the opening hours of retail trade establishments or the provision of services may be limited or modified by order of the member of the Government responsible for the area of the economy.
Article 51
Restoration and similar in very high risk municipalities
1 – Restaurants and similar establishments, regardless of the area of sale or provision of services, may operate for the purpose of confectioning activity intended for consumption outside the establishment through home delivery, directly or through an intermediary, as well as for the provision of meals or packaged products at the door of the establishment or at the wicket (take-away).
2 – The operation of restaurant and similar establishments is also allowed if the following conditions are met:
a) Compliance with the instructions specifically prepared for this purpose by the DGS, as well as the rules and instructions provided for in this regime;
b) The permanence of groups greater than four people inside or six people in the spaces or services of open terraces is not allowed, unless, in both cases, they all belong to the same household that cohabits;
c) Compliance with the schedules referred to in paragraph 4 of the preceding article;
d) The use of advance booking mechanisms, in order to avoid waiting situations for assistance in the outer space.
3 – For the purposes of paragraph b) of the preceding paragraph, 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 and outdoors.
4 – For the purposes of the preceding paragraph, when spaces have a structure or coverage, this does not preclude qualification as an open esplanade, 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 of indoor catering establishments and similar indoors apply.
6 – In the context of making meals, packaged products or drinks available at the door of the establishment or at the wicket (take-away), the consumption of meals, products or drinks at the door of the establishment or in its surroundings is prohibited.
7 – In the areas of consumption of food and beverages (food courts) of commercial complexes, the organization of the space must be foreseen in order to avoid crowding of people and to respect, with the necessary adaptations, the guidelines of the DGS for the sector of restoration, applying the rules provided for in paragraph 2.
8 – For catering establishments and similar integrated in tourist establishments or local accommodation establishments, the provisions of paragraphs 1 to 6 apply.
9 – Restaurants and similar establishments that intend to maintain their activity, in whole or in part, for the purposes of confection intended for consumption outside the establishment or home delivery, directly or through an intermediary, are exempt from a license for confection intended for consumption outside establishment or home delivery and may determine their workers, provided that with their consent, to participate in the respective activities, even if they do not form part of the object of the respective employment contracts.
Article 52
Events in very high risk municipalities
1 – The holding of celebrations and other indoor events is prohibited, without prejudice to the provisions of the following number.
2 – The DGS defines the specific guidelines for the following events:
a) Religious ceremonies, including community celebrations;
b) Events of a family nature, including weddings and baptisms, with an agglomeration of people not allowed for more than 25% of the space in which they are held;
c) Outdoor events with reduced capacity;
d) Events of a corporate nature held in spaces suitable for the purpose, namely congress halls, tourist establishments, venues suitable for holding trade fairs and outdoor spaces, with reduced capacity.
3 – Without prejudice to the preceding paragraph, in the absence of guidance from the DGS, except in the cases of subparagraph c) of the preceding paragraph in which the event depends on the existence of specific guidelines from the DGS, event organizers must observe, with the necessary adaptations, the provisions of paragraphs 1 and 2 of article 13, as well as articles 37, 44 and 51, as applicable, as to the catering spaces involved in these, and participants should wear mask or face shield in confined spaces.
4-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 their realization.
5-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.
6 – The provisions of the previous numbers do not affect the holding of events in digital format or via telematic means.
Article 53
Physical and sporting activity in very high risk municipalities
It is allowed, provided that in compliance with the specific guidelines of the DGS:
a) The practice of all professional and similar training and competitive activities, as long as there is no public;
b) The practice of all training and competitive activities, provided they are not public, of low and medium risk sports described in the competent guidelines of the DGS;
c) The practice of outdoor physical activity, in groups of up to six people;
d) The practice of physical and sporting activities in gyms and gyms, with group classes and sports that are not low or medium risk, according to the guidelines of the DGS, prohibited.
Article 54
Public services in very high risk municipalities
1 – Citizen’s shops maintain face-to-face service by appointment, as well as the continuity and reinforcement of the provision of services through digital means and contact centers with citizens and companies.
2 – The provisions of paragraph 3 of article 13 apply to the services covered by this article.
3 – Without prejudice to the face-to-face service previously scheduled at the services, the priority service provided for in Decree-Law No. 58/2016 , of August 29, is carried out without the need for prior appointment.
Article 55
Transport in very high risk municipalities
1 – Public or private entities responsible for public transport of passengers must ensure a maximum capacity of 2/3 of their capacity for land, river and maritime transport that takes place from or to municipalities at very high risk or within them.
2 – In the transport by taxi and in the individual and remunerated transport of passengers in uncharacterized vehicles from an electronic platform, the front seats cannot be used by passengers.»
4 – To amend annex i of the regime attached to the Resolution of the Council of Ministers n.º 74-A/2021 , of 9 June, with the wording included in the annex to this resolution and of which it is an integral part.
5 – Determine that this resolution enters into force on the day following its publication.
Presidency of the Council of Ministers, June 17, 2021. – The Prime Minister, António Luís Santos da Costa.
ATTACHMENT
(referred to in No. 4)
ANNEX I
[Referred to in subparagraph a) of paragraph 3 and paragraph 7 of this resolution and articles 9, 11, 42 and 49 of the regime attached to this resolution]
1 – […]:
[…];
[…];
[…].
2 – […]:
[…].
3 – […]:
[…].
4 – […]:
[…].”
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