Resolution of the Council of Ministers no. 74-A/2021

 

Publication: Diário da República No. 111/2021, 1st Supplement, Series I of 2021-06-09

 Issuer: Presidency of the Council of Ministers

 Type of Diploma: Resolution of the Council of Ministers

 Number: 74-A/2021

 Pages: 88-(2) to 88-24

 ELI: https://data.dre.pt/eli/resolconsmin/74-A/2021/06/09/p/dre

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SUMMARY

Changes the measures applicable in a disaster situation, within the scope of the COVID-19 disease pandemic

TEXT

Resolution of the Council of Ministers No. 74-A/2021

Summary: Changes the measures applicable in a disaster situation, in the context of the COVID-19 disease pandemic.

Through the Resolution of the Council of Ministers No. 70-B/2021 , of June 4, in its current wording, the Government established the criteria with a view to continuing the strategy of lifting containment measures in the context of combating the pandemic of COVID-19 disease. Under the terms of the aforementioned Resolution, two new phases of de-confinement were defined, phases 1 and 2.

At the same time, the general outlines of the health measures that would be applied to municipalities considered to be at high risk and very high risk according to the epidemiological situation were established, which would be assessed mainly based on the criterion of cumulative incidence at 14 days.

In view of the above, in accordance with the general panorama defined by the Resolution of the Council of Ministers No. 70-B/2021 , of June 4, the Government hereby determines which rules to apply until June 28, 2021, without prejudice to the weekly review with regard to the territorial scope of these measures. Thus, general rules are defined, applicable to the entire continental national territory, and subsequently established measures especially applicable to municipalities in the continental national territory as they fall into: i) phase 1 and ii) the situation of “high risk municipality” .

First, in terms of teleworking and time lag, it is defined that, for the purposes of Decree-Law no . teleworking in specific situations (namely workers who are covered by the exceptional regime for the protection of immunocompromised and chronically ill) applies to the entire continental national territory. With regard to the general matter of telework (ie outside telework situations in specific situations) provided for in that decree-law, it is only applicable to high-risk municipalities.

Also in terms of general measures to be applied to the entire continental national territory, it is worth highlighting the alteration of the norms relating to the carrying out of diagnostic tests for SARS-CoV-2 in order to establish a broader testing strategy. It is now foreseen, by determination of the health authority, the possibility of carrying out tests to workers who, regardless of employment relationship, type or nature of the legal relationship, work in workplaces with 150 or more workers. It is also subject to testing, in accordance with the rules and guidelines of the General Directorate of Health (DGS), whoever intends to attend or participate in cultural, sporting, corporate or family events, including weddings and baptisms,

Additionally, it is worth highlighting the changes made in terms of air traffic, airports and land, sea and river borders. The type of tests accepted for the purposes of the possibility of making trips was changed, namely the provision for the presentation of the rapid antigen test (TRAg) and, also, the possibility of adapting those rules, namely with regard to the permission of non-essential trips and the presentation of tests, in view of the implementation of vaccination, testing and recovery certificates or other proof.

As for the municipalities that fall into phase 1, the applicable measures are, in essence, those resulting from the Resolution of the Council of Ministers No. 70-B/2021 , of 4 June. Of these measures, the ones mentioned below stand out, by way of example.

The food and non-food retail trade activities operate according to the respective licensing schedule. Regarding the restaurant’s opening hours, the admission rule is now foreseen until 00:00 and closing until 01:00. There is a limit of six people inside and 10 people in the spaces or services of open terraces.

The cultural facilities will close at 01:00 h, and access is excluded for entry purposes from 00:00 h. The other establishments and equipment, providing services, open to the public, will close at 01:00 h.

Deconcentrated public services now provide face-to-face service without the need to make prior appointments, while citizen shops maintain face-to-face service by appointment, without prejudice to the provision of these services through digital means and contact centres with citizens and businesses.

As for family events, including weddings and baptisms, the capacity is limited to 50% of the space in which they are held. As for the practice of all amateur training and competitive activities, including training levels, the presence of the public is allowed provided that with marked places, distance, access rules and with a capacity limit corresponding to 33% of the total capacity of the venue sport. In the case of the practice of all amateur training and competitive activities, including training levels, outside sports venues, the presence of a public with capacity limits and rules to be defined by the DGS is admitted.

As for the measures applicable to high-risk municipalities, they are, in essence, those that were previously applicable to level 1, corresponding to May 1, under the terms of Council of Ministers Resolution No. 19/2021 , of March 13 , although with the adaptations foreseen in the Resolution of the Council of Ministers No. 70-B/2021 , of June 4th, namely in matters of closing times.

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 – Declare, following the epidemiological situation of COVID-19, until 23:59 h on June 27, 2021, the situation of calamity throughout the continental national territory.

2 – Determine, without prejudice to the powers of the Government members responsible for the areas of economy, internal administration, Public Administration, health, environment and infrastructure, which may be exercised jointly with the Government members responsible for the respective areas sectoral, when applicable, the adoption, throughout the continental national territory, of the following exceptional measures, necessary to combat the COVID-19 disease, as well as those provided for in the regime attached to this resolution and of which it is an integral part:

a) The establishment of rules for the protection of individual and collective health of citizens;

b) Limiting or conditioning the access, circulation or permanence of people in spaces frequented by the public, as well as the dispersion of concentrations greater than 10 people, unless they all belong to the same cohabiting household;

c) The limitation or conditioning of certain economic activities;

d) The establishment of operating rules for industrial, commercial and service establishments;

e) The establishment of rules applicable to air traffic and airports;

f) Recognition of the need to temporarily request goods or services, under terms to be determined by order of the Government members responsible for the areas of finance and internal administration;

3 – To reinforce, without prejudice to the preceding paragraphs, that it is incumbent upon the security forces and services, the municipal police and the Food and Economic Security Authority (ASAE) to monitor compliance with the provisions of this resolution, by:

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 46;

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 9, 39 and 46 of the regime annexed to this resolution and, also, of mandatory confinement by those who are subject to it under the terms of article 3 of the referred regime;

c) Advising 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.

4 – Determine the creation of a structure to monitor the disaster situation, coordinated by the member of the Government responsible for the area of ​​internal administration, with the power of delegation, composed of representatives of the government areas defined by order of the Prime Minister and representatives of the forces and security services and the National Emergency and Civil Protection Authority (ANEPC), for the purpose of regular monitoring of the declared situation.

5 – Determine, within the scope of the declaration of the disaster situation, the activation of territorially competent political coordination structures.

6 – Establish, within the scope of protection and relief:

a) Maintaining the state of readiness of security forces and services, emergency medical services and all civil protection agents, with reinforcement of resources for possible support operations in the area of ​​public health;

b) The maintenance of the functioning of the COVID-19 Subcommittee, within the scope of the National Civil Protection Commission, on a permanent basis, as a structure responsible for collecting and processing information relating to the ongoing epidemic, ensuring permanent monitoring of the situation;

c) The use, when necessary, of the public notice system by ANEPC.

7 – Recommend to parish councils, within the framework of ensuring compliance with the provisions of the regime attached to this resolution, the signaling, with the security forces and services, the municipal police and the ASAE, of the establishments to be closed, to ensure the cessation of activities provided for in Annex I to the regime attached to this resolution, as well as in Article 42

8 – To determine that, for the purposes of the provisions of subparagraph b) of paragraph 3, the health authorities communicate to the forces and security services of the place of residence the application of mandatory confinement measures for patients with COVID-19, to infected with SARS-CoV-2 and to close contacts under active surveillance.

9 – Determine that, by decision of the regional health administration and the territorially competent public health department, teams may be set up to monitor citizens in a situation of mandatory confinement, with representatives of the local health authority, municipal civil protection, social security and , when necessary, security forces and services as well as, by order of the Government member responsible for the health area and the respective sector area, any other services, bodies, entities or structures of the direct or indirect administration of the State.

10 – Reinforce that, during the period of validity of the calamity situation, citizens and other entities have, pursuant to paragraphs 1 to 3 of article 6 of Law no. 27/2006 , of 3 July , in its current wording, the duty of collaboration, namely in the fulfillment of orders or instructions from the health authorities, the bodies and agents responsible for internal security and civil protection and in the prompt satisfaction of requests that are justifiably made to them by the competent entities to the implementation of the measures that justify this declaration of calamity.

11 – Determine to the security forces and services, the ASAE and the Authority for Working Conditions to reinforce the inspection actions of compliance with the provisions of this resolution, whether on public roads, in commercial and catering establishments or in workplaces .

12 – Establish that the Government assesses, at all times, the monitoring of the application of the sanctions framework for violation of this resolution, based on the report made by the forces and security services to the Government member responsible for the area of ​​internal administration in relation to the degree of compliance with the measures adopted by this resolution.

13 – Reinforce that disobedience and resistance to the legitimate orders of the competent authorities, when practiced during the period of the calamity and in violation of the provisions of the regime attached to this resolution, constitute a crime and are sanctioned under the terms of criminal law, being the respective penalties aggravated by one third, in their minimum and maximum limits, pursuant to paragraph 4 of article 6 of Law no. 27/2006 , of 3 July, in its current wording.

14 – Determine that:

a) For the purposes of paragraphs 1 and 3 of article 2 of Decree-Law no. 79-A/2020, of 1 October, in its current wording, all municipalities in the mainland national territory are considered. ;

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 4 and 5 of article 2 of the regime annexed to this resolution.

15 – To determine that the publication of this resolution constitutes, for all legal purposes, sufficient coercion, namely to fill in the type of crime of disobedience.

16 – To determine that this resolution takes effect on the day following its publication.

Presidency of the Council of Ministers, June 9, 2021. – The Minister of State and Presidency, Mariana Guimarães Vieira da Silva.

ATTACHMENT

[Record of the calamity situation referred to in paragraph 2, subparagraph b) of paragraph 3 and paragraphs 7 and 13 of this resolution]

CHAPTER I

Object and scope

Article 1

Object

1 – This regime establishes exceptional and temporary response measures to the SARS-CoV-2 epidemic and to the COVID-19 disease within the scope of the declaration of a situation of calamity.

2 – The present regime also determines that the provisions of the preceding paragraph have territorial application depending on the epidemiological situation, under the terms of the following article.

Article 2

Territorial scope of application

1 – Without prejudice to the following paragraphs, the provisions of this regime are applicable to the entire continental national territory.

2 – The provisions of section I of chapter III are especially applicable to municipalities in the continental national territory that are referred to in the following number, which, in accordance with the criteria defined in the Resolution of the Council of Ministers No. 70-B/2021 , of June 4, are part of phase 1 of the strategy for surveying containment measures in the context of combating the COVID-19 disease pandemic.

3 – The provisions of section II of chapter III are especially applicable to the following municipalities, 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 their No. 4, are qualified, for the purposes of this regime, as “High Risk Municipalities”:

a) Braga;

b) Lisbon;

c) Odemira;

d) Vale de Cambra.

CHAPTER II

General provisions applicable to the entire continental national territory

SECTION I

Sanitary and public health measures

Article 3

Mandatory confinement

1 – They are in compulsory confinement, in a health establishment, at home or, if this is not possible, in another place defined by the competent authorities:

a) Patients with COVID-19 and those infected with SARS-CoV-2;

b) Citizens for whom the health authority or other health professionals have determined active surveillance.

2 – The health authorities inform the security forces and services of the place of residence of the application of mandatory confinement measures.

3 – According to the assessment of the epidemiological situation and the specific risk, the responsibility of the regional health administration and the territorially competent public health department, citizens subject to mandatory confinement may be monitored for the purpose of providing for social and health needs , through a joint visit of the municipal civil protection, municipal social action services, social action services of the Social Security Institute, IP, public health authorities, care units and security forces, as well as, by order of the Member of the Government responsible for the health area and the respective sector area, any other services, bodies, entities or structures of the direct or indirect administration of the State.

Article 4

Use of masks or visors

1 – The use of masks or visors is mandatory for access or permanence in workplaces that maintain the respective activity under the terms of this regime whenever the physical distance recommended by the health authorities proves impractical.

2-the obligation provided for in the preceding paragraph is not applicable to workers when they are providing their work in an office, room or equivalent that has no other occupants or when impermeable physical barriers of separation and protection between workers are used.

3 – The provisions of article 13-B of Decree-Law no. 10-A/2020 , of 13 March, in its current wording, apply, with the necessary adaptations .

Article 5

Body temperature control

1 – In cases where the respective activity is maintained under the terms of this regime, body temperature measurements may be carried out by non-invasive means, in the control of access to the workplace, public services or institutions, educational establishments, teaching and professional training, commercial, cultural or sporting spaces, means of transport, health establishments, prisons or educational centers, as well as residential structures.

2 – Persons referred to in the following article may also be subject to body temperature measurements.

3-the provisions of the preceding paragraphs do not affect the right to individual data protection, being expressly prohibited the recording of body temperature associated with the identity of the person, except with the express authorization of the same.

4 – Measurements may be carried out by a worker working for the entity responsible for the location or establishment, always using equipment suitable for this purpose, which may not contain any memory or keep records of the measurements taken, and no physical contact with the targeted person is permitted.

5-the employee referred to in the preceding paragraph is subject to professional secrecy.

6 – Access to the places mentioned in paragraph 1 may be prevented whenever the person:

a) Refuse the measurement of body temperature;

b) Present a result higher than the normal body temperature, considering as such a body temperature equal to or higher than 38ºC.

7-in cases where the provisions of subparagraph b) of the preceding paragraph determines the impossibility of access of a worker to the respective workplace, the absence is considered justified.

Article 6

Performing SARS-CoV-2 diagnostic tests

1 – May be subject to SARS-CoV-2 diagnostic tests, in accordance with the standards and guidelines of the General Directorate of Health (DGS):

a) Workers, users and visitors to health care establishments;

b) Workers, students and visitors to educational, teaching and vocational training establishments and higher education institutions;

c) Workers, users and visitors of therapeutic communities and social inclusion communities, as well as temporary shelter centers and emergency accommodation centers, residential structures for the elderly, integrated continuous care units of the National Network of Integrated Continuous Care and other structures and responses dedicated to the elderly, children, youth and people with disabilities, as well as applicants and beneficiaries of international protection and reception of victims of domestic violence and human trafficking;

d) In the context of prison services and educational centers:

i) Inmates in prisons and young people interned in educational centers;

ii) Whoever intends to visit the persons referred to in the preceding paragraph;

iii) Employees of the Prison Guard Corps and other employees of the Directorate-General for Reinsertion and Prison Services (DGRSP), in the exercise of their functions and because of them, for the purposes of access and permanence in the workplace;

iv) Employees of the Prison Guard Corps, whenever, in the exercise of their functions and because of them, access other places or remain in them for the purpose of transporting and guarding inmates, namely in health units and courts;

v) Service providers and users of facilities affected by the activity of the DGRSP, whenever they intend to enter or remain there;

e) Workers who perform functions in public services;

f) Workers assigned to farms and the construction sector;

g) Workers who, regardless of employment relationship, modality or nature of the legal relationship, work in workplaces with 150 or more workers.

2-in cases where the result of the tests carried out under the preceding paragraph makes it impossible for a worker to access the respective workplace, the absence is considered justified.

3 – Anyone wishing to attend or participate in cultural, sporting, corporate or family events, including weddings and christenings, must also be subject to SARS-CoV-2 diagnostic tests, whenever the number of participants exceeds that defined by the DGS for the purpose of testing participants in events.

4 – Access to the places mentioned in the previous number may be prevented whenever:

a) There is a refusal to perform the test;

b) No proof of negative result of a laboratory test is presented for screening the SARS-CoV-2, carried out in accordance with the specific guidelines of the DGS;

c) If there is a positive result in the test performed.

5 – The performance of SARS-CoV-2 diagnostic tests referred to in paragraph 1 is determined by the head of the respective establishment or service, except:

a) In the case of items d) and e), which is, respectively, by order of the General Director of Reinsertion and Prison Services or, when applicable, by initiative of the managing entity of each Citizen’s Shop under the terms determined by DGS guidance;

b) In the cases of subparagraphs f) and g), in which it is determined by the health authority.

6 – The responsibility for carrying out diagnostic tests for SARS-CoV-2, as well as for the respective charges, are, in the case of those referred to in subparagraphs f) and g) of paragraph 1, of the user or final beneficiary company of the services provided and, in the case of those referred to in paragraph 3, the responsibility of the participant in the event or the person interested in accessing the places referred to therein, as applicable;

7 – The performance of tests referred to in this article is determined in accordance with the specific guidelines of the DGS.

8-the provisions of this article do not affect the right to individual data protection, being expressly prohibited the registration of the test result associated with the identity of the person, except with the express authorization of the same.

Article 7

Exceptional measures in the field of public health

1 – The member of the Government responsible for the health area, with the power of delegation, determines:

a) Exceptional measures applicable to care activities carried out by services and establishments integrated into the National Health Service;

b) The necessary measures and the practice of acts that, within the specific scope of its action, are adequate and indispensable to guarantee normal conditions in the production, transport, distribution and supply of goods and services essential to the activity of the health sector;

c) The strictly indispensable measures relating to the processing of personal data by health services and municipal or parish services, within the scope of the operations necessary to carry out epidemiological surveys, screening operations and the vaccination plan against COVID-19, namely for the purpose of making contacts for epidemiological inquiry, screening or vaccination.

2 – Without prejudice to the preceding paragraph, the member of the Government responsible for the health area, in conjunction with the member of the Government responsible for the area of ​​the economy, with the power of delegation, determines the necessary exception measures, in the context of the situation of emergency caused by the epidemiological situation of the SARS-CoV-2 virus, as well as for the treatment of the disease COVID-19, in relation to:

a) Drug and medical device circuits, as well as other health products, biocides, disinfectant solutions, alcohol and personal protective equipment, namely in the context of manufacturing, distribution, marketing, import, acquisition, dispensing and prescription, tending to ensure and make viable the supply, availability and access of the products needed by health units, patients and other users;

b) Access to medicines, namely experimental ones, used in the context of the pandemic and the continuation of clinical trials.

Article 8

Participation of the Armed Forces in epidemiological surveys and tracking of patient contacts

The Armed Forces participate in conducting epidemiological surveys and tracing contacts of patients with COVID-19, and this participation is coordinated by the respective command.

SECTION II

Measures applicable to activities, establishments, services, companies or similar

Article 9

Closed facilities, establishments and equipment

The facilities, establishments and equipment referred to in Annex I to this regime and of which it is an integral part, without prejudice to the provisions of article 11, are closed.

Article 10

Exceptions to the suspension of activities, closing of establishments and schedules

The following are excluded from the scope of application of any rules set forth in this regime that concern the suspension of activities, closing of establishments or opening hours, operation or closure of establishments, regardless of the municipality in which they are located or their area:

a) Establishments where medical services or other health services are provided, namely hospitals, offices and clinics, dental clinics and emergency medical-veterinary care centers, and social support services, as well as the support services integrated in these locations;

b) Pharmacies and non-prescription drug sales establishments;

c) Educational, teaching and professional training establishments;

d) Tourist establishments and local accommodation establishments, as well as establishments that guarantee student accommodation;

e) Establishments that provide funeral and related activities;

f) The activities of providing services that include motorways, namely service areas and fuel filling stations;

g) Refueling stations not covered by the preceding paragraph, as well as charging stations for electric vehicles, exclusively in relation to the sale of fuel to the public and the refueling or charging of vehicles within the scope of trips allowed under the terms of this regime ;

h) Establishments providing services for the rental of goods vehicles without a driver (rent-a-cargo) and for the rental of passenger vehicles without a driver (rent-a-car);

i) Establishments located inside airports located in mainland national territory, after the security control of passengers.

Article 11

Authorizations or suspensions in special cases

1 – The member of the Government responsible for the area of ​​the economy may, with the power of delegation, by order:

a) Allow the opening of some facilities or establishments referred to in Annex I to this regime or in Article 42, as well as the exercise of other retail trade activities or the provision of services that may prove to be essential with the evolution the situation;

b) Impose the exercise of some retail trade activities or the provision of services, if it proves to be essential to ensure the regular supply of essential goods to the population;

c) Limiting or suspending the exercise of retail trade activities or the provision of services, if the respective exercise proves to be unnecessary or undesirable in the context of combating the contagion and spread of the virus.

2-the members of the Government responsible for the areas of economy and health may, by order, allow the opening of equipment referred to in annex I to this regime or in article 42

Article 12

Internal administration

The Government member responsible for the area of ​​internal administration, with the power of delegation:

a) Determines the closure of road and railway circulation, for reasons of public health, safety or fluidity of traffic or the restriction of circulation of certain types of vehicles;

b) Establishes, together with the member of the Government responsible for the health area, sanitary fences, upon assessment of the public health situation;

c) Establishes specific measures of control and inspection of the provisions of this regime, in conjunction with other areas of government, when applicable due to the matter.

Article 13

General provisions applicable to establishments or places open to the public

1 – In establishments that maintain their activity under the terms of this regime, regardless of the municipality in which they are located, the following rules of occupation, permanence and physical distance must be observed:

a) The allocation of spaces accessible to the public must observe rules of maximum occupancy indicative of 0.05 people per square meter of area, with the exception of establishments providing services;

b) The adoption of measures that ensure a minimum distance of 2 meters between people, unless special provision or guidance from the DGS in a different direction;

c) The guarantee that people remain inside the space only for the time strictly necessary;

d) The prohibition of waiting situations for attendance within establishments providing services, with economic operators preferentially resorting to advance booking mechanisms;

e) The definition, whenever possible, of specific entry and exit circuits in establishments and facilities, using separate doors;

f) Compliance with other rules defined by the DGS.

2 – For the purposes of paragraph a) of the previous number:

a) “Are” is understood to be the area intended for the public, including areas for collective use or circulation, with the exception of areas reserved for parking vehicles;

b) The estimated maximum occupancy limits per person do not include employees and service providers who are working in the spaces in question.

3 – Retail trade establishments or establishments providing services must give priority to health professionals, elements of the security forces and services and of the criminal police, protection and relief bodies, personnel of the Armed Forces and provision of services of social support services, without prejudice to the application of the provisions of Decree-Law No. 58/2016 , of 29 August, in its current wording.

4 – Retail trade establishments or establishments providing services must inform customers, in a clear and visible manner, regarding the rules of maximum occupancy, operation, access, priority, service, hygiene, safety and other relevant rules applicable to each establishment.

Article 14

Sale and consumption of alcoholic beverages

1 – The sale of alcoholic beverages in service areas or fuel stations is prohibited.

2 – In home deliveries, directly or through an intermediary, as well as in the sales modality through the provision of meals or packaged products at the door of the establishment or at the wicket (take-away), it is not allowed to supply alcoholic beverages from 21. :00 and until 06:00 h.

3 – 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 restaurants and similar establishments duly licensed for this purpose.

4 – In the period after 21:00 and until 06:00, the consumption of alcoholic beverages is only allowed in restaurants and similar establishments, either inside or on the terraces, as part of the meal service.

Article 15

Bars and other drinking establishments

Bars, other drinking establishments without a show and drinking establishments with a dance space remain closed, by means of Decree-Law No. 10-A/2020 , of 13 March, in its current wording.

Article 16

Private vehicles with capacity for more than five seats

Private vehicles with a capacity of more than five seats may only circulate, unless all occupants are part of the same household, with two thirds of their capacity, and occupants must wear a mask or visor, with the exceptions provided for in article 13-B of Decree-Law No. 10-A/2020 , of March 13, in its current wording.

Article 17

Fairs and markets

1 – The operation of fairs and markets is allowed, with the authorization of the president of the territorially competent city council, in accordance with the rules established in the following number.

2 – For each fairground or market there must be a contingency plan for the COVID-19 disease, available on the municipality’s website and prepared by the competent municipality or approved by it, in the case of fairs and markets operated by private entities .

Article 18

Funerals

1 – The holding of funerals is subject to the adoption of organizational measures to ensure the absence of agglomerations of people and the control of safety distances, namely the setting of a maximum limit for attendance, to be determined by the local authority exercising the management powers of the respective cemetery.

2 – The limit established in the terms of the previous number cannot result in the impossibility of the presence at the funeral of a spouse or unmarried couple, ascendants, descendants, relatives or alike.

SECTION III

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

Article 19

General rules applicable to air traffic and airports

1 – Only air traffic to and from mainland Portugal is authorized for all flights to and from countries that make up the European Union, to and from countries associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland) and from and to the UK.

2 – Without prejudice to the provisions of the preceding paragraph, air traffic is also authorized for:

a) Conducting essential trips, considering as such those carried out for professional, study, family reunion reasons, for health reasons or for humanitarian reasons;

b) Traveling to and from countries and special administrative regions whose epidemiological situation is in accordance with Council Recommendation (EU) 2020/912of June 30, 2020, and respective updates, regarding air connections with Portugal and constant of the list to be defined in terms of paragraph 4 of article 21, subject to confirmation of reciprocity, or of passengers from these countries even if they stop in countries that appear on the list provided for in paragraph 4 of article 21. ;

c) Traveling to allow foreign citizens who are in mainland Portugal to return to their respective countries, 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 the national territory who stop at a national airport must wait for a connecting flight to the respective countries in a proper place inside 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 order, determine to apply restrictive measures to air traffic from certain countries or allow non-essential travel to or from countries not referred to in paragraphs 1 and 2.

5 – ANA – Aeroportos de Portugal, SA (ANA, SA), must carry out, at the Portuguese international airports it manages, the infrared body temperature tracking of all passengers arriving in mainland national territory.

6 – Passengers who, within the scope of the screening referred to in the preceding paragraph, a body temperature equal to or greater than 38°C is detected, must be immediately forwarded to a space suitable for repeating the measurement of body temperature, and these passengers must, if the assessment of the situation warrants, undergo rapid antigen testing (TRAg) to screen for SARS-CoV-2 infection.

7 – The monitoring of body temperature control by infrared and the measurement of body temperature are the responsibility of ANA, SA, and the latter must be carried out by health professionals duly qualified for the purpose, even if subcontracted.

Article 20

Air traffic testing rules

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 24 hours prior to 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 – National citizens and foreign citizens legally resident in mainland territory, as well as diplomatic personnel located in Portugal who, exceptionally, do not carry proof of having a negative test for SARS-CoV-2 infection under the terms of the previous number, they must carry out the nucleic acid amplification test (TAAN) or rapid antigen test (TRAg) on ​​arrival, before entering continental territory, at their own expense, being, for this purpose, referred by the competent authorities.

3 – Passengers referred to in the preceding paragraph, as well as those who are detected at a body temperature equal to or greater than 38°C and who, for this reason, undergo a rapid antigen test (TRAg) to screen for SARS-CoV infection -2, wait in a proper place inside the airport until the result is notified.

4 – The provisions of the previous numbers are not applicable to children who have not yet completed 24 months of age.

5 – The laboratory tests referred to in paragraphs 2 and 10 are carried out and made available by ANA, SA, through health professionals qualified for this purpose, and this service may be subcontracted.

6 – Third country nationals without legal residence in national territory who board without the test referred to in paragraph 1 must be refused entry into national territory.

7 – The security forces and the SEF inspect the provisions of the previous numbers.

8 – For the purposes of the provisions of this article and paragraph 6 of the previous article, only rapid antigen tests (TRAg) that are included in the common list of rapid antigen tests for screening for COVID-19 disease in the community are allowed, agreed by the European Union Health Security Committee.

9 – For the purposes of compliance with the provisions of the preceding paragraph, the proof of laboratory performance of the rapid antigen test (TRAg) must indicate, obligatorily, the set of standardized data agreed by the European Union Health Safety Committee.

10 – Passengers boarding with proof of carrying out a rapid antigen test (TRAg) that does not meet the requirements set out in paragraphs 8 and 9 must undergo a new nucleic acid amplification test (TAAN) or rapid antigen test (TRAg) ) upon arrival, before entering mainland territory, at their own expense, and must wait in their own place, inside the airport, until notification of the result.

11 – For the purposes of paragraph q) of article 2 of Decree-Law No. 28-B/2020 , of June 26, in its current wording, national citizens and foreign citizens with legal residence in national territory and their family members within the meaning of Directive 2004/38/EC of the European Parliament and of the Council, of 29 April 2004, as well as diplomatic personnel stationed in Portugal, who board without the test referred to in paragraph 1 on flights originating in Portuguese-speaking African countries and on flights to support the return of nationals or holders of a residence permit in mainland Portugal or of a humanitarian nature.

Article 21

Air traffic rules on mandatory containment

1 – Passengers on flights originating in countries that are on the list to be defined under the terms of paragraph 4 must, after entering mainland Portugal, comply with a period of prophylactic isolation of 14 days, at home or in a place indicated by the authorities for the purposes of this standard, an airport stopover in any of these countries is not considered.

2 – The provisions of the previous number are also applicable to passengers on flights, regardless of origin, who present a passport with a departure record from South Africa, Brazil, India or Nepal within the 14 days prior to their arrival in Portugal.

3 – Passengers who:

a) They travel on essential trips and whose period of stay in national territory, attested by a return ticket, does not exceed 48 hours;

b) Travel on essential trips within the scope of events organized by the Portuguese Presidency of the Council of the European Union, regardless of the period of stay;

c) Travel exclusively for the practice of sports activities integrated in international professional competitions, included in the list to be defined in the terms of the following number, provided that the fulfillment of a set of adequate measures to the maximum reduction of contagion risks is guaranteed, namely avoiding contacts sports, and compliance with the rules and guidelines defined by the DGS.

4 – The members of the Government responsible for the areas of foreign affairs, national defence, internal administration, health and civil aviation shall determine, by order, the list of countries referred to in paragraph 1 and the list of competitions sports to which the provisions of subparagraph c) of the preceding paragraph apply.

5 – Airlines send, in the shortest period of time, without exceeding 24 hours after arrival in mainland Portugal, to the health authorities the list of passengers coming from flights, direct or with a stopover, originating in the countries that make up the list provided for in the preceding paragraph, with a view to complying with the provisions of paragraph 1 and paragraph b) of paragraph 1 of article 3

6 – In the context of monitoring compliance with the provisions of this article, it is incumbent upon the SEF, based on a risk analysis, to verify the country of origin of passengers or where they performed the test for screening for SARS-CoV-2 infection, making it available it by computer to health authorities.

Article 22

Exception to measures applicable to air traffic and airports

The provisions of articles 19 to 21 are not applicable:

a) State aircraft and the Armed Forces, aircraft that are or will be part of the Special Device for Combating Rural Fires, flights for the exclusive transport of cargo and mail, medical emergencies and technical stopovers for non-commercial purposes;

b) Aircraft crew.

Article 23

Measures applicable to land, sea and river borders

1 – Citizens entering national territory by land or river, from countries on the list provided for in paragraph 4 of article 21, must comply with a period of prophylactic isolation of 14 days, at home or in a place indicated by the health authorities.

2 – The provisions of the previous number are also applicable to citizens who, regardless of origin, have left South Africa, Brazil, India or Nepal in the 14 days prior to their arrival in Portugal.

3 – For the purposes of this article, mobile controls are instituted for collective passenger transport vehicles, motorhomes and light vehicles, with a view to informing citizens of the duties to which they are subject.

4 – The security forces and the SEF shall supervise the provisions of the preceding paragraphs, with the identification data of the citizens covered by this article being transmitted, as soon as possible, to the health authorities to comply with the provisions of paragraph b) of article 3, and citizens are responsible for filling out the form on the travel.sef.pt platform.

5 – The provisions of paragraphs 1 and 2 of article 19, paragraphs 1, 8 and 9 of article 20 and paragraphs 1 to 3 of article 21 shall apply, with the necessary adaptations, to the embarkation and disembarkation of cruise ship passengers and crew in ports located in mainland national territory, in terms to be implemented by order of the Government members responsible for the areas of national defence, internal administration, health and infrastructure.

Article 24

Certification rules

By order of the members of the Government responsible for the areas of economy, foreign affairs, internal administration, health and civil aviation, rules other than those defined in this section, in particular with regard to the permission of non-essential travel or the presentation of nucleic acid amplification test (TAAN) or rapid antigen test (TRAg), following the implementation of vaccination certificates, testing and recovery or proof of vaccination.

SECTION IV

Measures applicable to events, structures, establishments or other cultural, sporting, recreational or social activities

Article 25

Events

1 – Events and celebrations are permitted under the terms of the following paragraphs.

2 – The DGS defines specific guidelines for the following events:

a) Religious ceremonies, including community celebrations;

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 and 45, respectively;

c) 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;

d) Other events, whether held indoors, outdoors or outside fixed venues, with reduced capacity and in accordance with the specific guidelines of the DGS.

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 and 44, depending on what is applicable to the catering spaces involved, and participants must wear a mask or visor in the closed spaces.

4-Events with 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 – The provisions of the previous numbers do not affect the holding of events in digital format or via telematic means.

Article 26

Museums, monuments, palaces, archaeological sites and the like

1 – Museums, monuments, palaces, archaeological sites and the like are allowed to operate provided that:

a) Observe the rules and instructions defined by the DGS regarding physical distance, hand and surface hygiene, respiratory etiquette and the rules provided for in this regime;

b) Ensure that each visitor has a minimum area of ​​20 square meters and a minimum distance of 2 meters to any other person who is not a member of the same cohabiting household;

2 – In the cafeteria, catering and beverage consumption areas of these cultural facilities, the provisions of this regime, as well as the guidelines defined by the DGS for the catering sector, must be respected.

Article 27

Cultural events

1 – The operation of theatres, cinematographic films and the like, as well as other cultural events held outdoors, is allowed, provided that:

a) The rules defined in paragraphs 1 and 2 of article 13 are observed, with the necessary adaptations;

b) The rules and instructions defined by the DGS for these cultural facilities are observed, namely, regarding physical distance, hand and surface hygiene, respiratory etiquette and the other rules provided for in this regime.

2 – In the cafeteria, catering and beverage consumption areas of these cultural facilities, the provisions of this regime, as well as the guidelines defined by the DGS for the catering sector, must be respected.

Article 28

Physical and sporting activity

1 – The practice of physical and sporting activity, in the context of training and in a competitive context, may be carried out under the terms provided for in articles 40 and 46

2 – For the purposes of this regime, the activities of high-performance athletes, national teams of Olympic and Paralympic sports, 1st national division or competition at the corresponding competitive level of all modalities of the levels of male and female seniors, those participating in international championships, the activity of accompanying these athletes in adapted sports, as well as the respective technical and refereeing teams.

Article 29

Measures in the context of residential structures

1 – The protection of residents in residential structures for the elderly, integrated continuing care units of the National Integrated Continuing Care Network and other residential structures and responses dedicated to children, youth and people with disabilities, as well as applicants and beneficiaries of international protection and the reception of victims of domestic violence and human trafficking, given their special vulnerability, must involve, without prejudice to compliance with the specific guidelines of the DGS:

a) Self-monitoring of disease symptoms by professionals working in these units, as well as surveillance of residents’ symptoms and regular screening in order to identify suspected cases early;

b) The mandatory use of surgical masks by all professionals in these structures;

c) Testing of all residents if a positive case is detected in any contact;

d) The provision of municipal or other equipment, if it is necessary to accommodate people in prophylactic isolation or in a situation of confirmed infection of the COVID-19 disease that, in view of the clinical evaluation, does not determine the need for hospitalization;

e) The permission, except in the structures and responses dedicated to welcoming victims of domestic violence and human trafficking, to carry out visits to users, in compliance with the rules defined by the DGS;

f) The clinical follow-up of COVID-19 patients whose clinical situation does not require hospitalization by health professionals from the health center groups in the respective intervention area, in conjunction with the hospital in the reference area;

g) Operationalization of rapid intervention teams, consisting of direct action assistants, general service assistants, nurses, psychologists and physicians with the capacity for immediate action in the containment and stabilization of outbreaks of the COVID-19 disease;

h) The maintenance of follow-up by the multidisciplinary teams.

2 – The diagnosis tests for SARS-CoV-2 are carried out by a health professional, with the respective results being globally communicated to the person in charge of the technical direction of the residential structure, who is subject to professional secrecy.

3 – In case of detection of positive cases, the entity responsible for analyzing the results communicates the identification of those targeted directly to the person in charge of the technical direction of the residential structure, as soon as possible, in order to prevent contagion.

4 – For the purposes of paragraphs 2 and 3, personal data may be processed to the extent strictly necessary.

Article 30

Games of chance, casinos, bingo or similar establishments

The operation of gambling establishments, casinos, bingo or similar is allowed, provided that:

a) Observe the guidelines and instructions specifically defined for this purpose by the DGS regarding physical distance, hand and surface hygiene, respiratory etiquette and the rules provided for in this regime;

b) Have a specific protocol for cleaning and sanitizing the game areas;

c) Do not remain inside frequenting establishments that do not intend to consume or gamble.

Article 31

Amusement equipment and the like

1 – The operation of entertainment equipment and the like is allowed 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 territorially competent local authority;

c) Comply with the provisions of Decree-Law No. 268/2009, of 29 September, in its current wording, and in other applicable legislation.

2-the entertainment equipment and similar authorized to operate under the terms of the preceding paragraph are subject to inspection by the competent authorities under the terms of this regime.

Article 32

Personal, health, well-being and aesthetic care

The operation of:

a) Hairdressing salons, barbers, beauty institutes, by appointment;

b) Tattoo and body piercing establishments or studios, by appointment;

c) Massage activity in beauty salons, gyms or similar establishments;

d) Spas and spas or similar establishments.

Article 33

Activities in an academic context

It is prohibited, in the academic sphere of higher education, to carry out celebrations, as well as recreational or recreational activities.

Article 34

Playgrounds

Operation is allowed, provided that in compliance with the guidelines defined by the DGS:

a) For playgrounds, with authorization from the president of the territorially competent city council;

b) Children’s amusement parks of a private nature.

CHAPTER III

Special provisions applicable to certain municipalities

Article 35

Prevalence

The provisions of this chapter are special rules regarding the municipalities to which it is applicable, prevailing over any contrary or incompatible rule provided for in this regime.

SECTION I

Measures applicable to municipalities that fall under phase 1

Article 36

Schedules in Phase 1 Municipalities

1 – Food and non-food retail trade activities operate in accordance with the respective licensing schedule.

2 – Restaurants and similar establishments close, for the purpose of serving meals at the establishment, at 01:00 h, and public access is excluded for new admissions from 00:00 h.

3 – The timetables referred to in the previous number apply to catering establishments and similar integrated in tourist establishments or local accommodation establishments, without prejudice to the possibility of delivery in 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).

4 – Cultural facilities whose operation is allowed in these municipalities close at 01:00 h, access being excluded, for entry purposes, from 00:00 h.

5 – The other establishments and equipment that provide services, are open to the public and to which the previous numbers do not apply, close at 01:00 h.

6 – The provisions of the preceding paragraph are not applicable to events of a family nature, namely weddings and baptisms.

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 37

Restaurants and similar in phase 1 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 catering establishments and the like 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 of more than six people inside or 10 people in the spaces or services of open terraces is not allowed, except, in both cases, if they all belong to the same household that cohabits;

c) Compliance with the schedules referred to in paragraph 2 of the preceding article;

d) The use of advance booking mechanisms, in order to avoid situations of waiting for service 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 38

Public services in phase 1 municipalities

1 – The deconcentrated public services provide face-to-face service without the need for prior booking.

2 – Citizen shops maintain face-to-face service by appointment.

3 – The provisions of the preceding paragraphs do not affect the continuity and reinforcement of the provision of services through digital means and contact centers with citizens and companies

4 – The provisions of paragraph 3 of article 13 and the provisions of Council of Ministers Resolution no. 88/2020 , of 14 October, shall apply to services covered by this article. the present scheme.

5 – 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 29 August, is carried out without the need for prior appointment.

Article 39

Events in Phase 1 Municipalities

1 – Without prejudice to the following paragraph, events and celebrations are permitted under the terms of article 25.

2 – In phase 1 municipalities, in events of a family nature, including weddings and baptisms, an agglomeration of people with capacity exceeding 50% of the space in which they are held is not allowed.

Article 40

Physical and sporting activity in phase 1 municipalities

It is allowed, provided that in compliance with the guidelines defined by 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 amateur training and competitive activities, including training levels, the presence of the public being admitted provided that they have marked places, distance and with a capacity limit corresponding to 33% of the total capacity of the sports venue;

c) The practice of all amateur training and competitive activities, including training levels, outside sports venues, with the presence of the public with capacity limits and rules to be defined by the DGS being admitted;

d) The practice of physical activity outdoors and in gyms and gyms.

Article 41

Transport in Phase 1 Municipalities

1 – Public or private entities responsible for public transport of passengers must ensure, when there are sitting and standing seats, a maximum capacity of 2/3 of their capacity for land, river and sea transport, with no capacity restrictions when the transport is ensured exclusively through seating positions.

2-in the transport by taxi and in the individual and paid transport of passengers in uncharacterized vehicles from an electronic platform, the front seats cannot be used by passengers.

SECTION II

Measures applicable to high-risk municipalities

Article 42

Closure of facilities and establishments in 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 46;

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 46 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 44;

j) Spas and spas or similar establishments;

k) Water parks, without prejudice to workers’ access for the purposes of animal care;

l) Entertainment equipment and the like.

Article 43

Schedules in 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 parlors, restaurants and similar, cafeterias, tea houses and the like and sports facilities.

2 – Without prejudice to the provisions of the following paragraphs, food and non-food retail trade activities and the provision of services in establishments operating under the terms of this chapter close at 21:00 h.

3 – Restaurants and similar establishments close, for the purpose of serving meals at the establishment, at 22:30 h.

4 – 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).

5 – Cultural facilities, namely museums, monuments, palaces, archaeological sites and the like, as well as sports facilities where services are provided, which are allowed to operate in these municipalities, close at 22:30 h.

6 – In the case of establishments authorized to operate 24 hours a day, they are authorized to reopen from 08:00 h.

7 – 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 44

Restaurants and similar in 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 catering establishments and the like 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 of more than six people inside or 10 people in the spaces or services of open terraces is not allowed, except, in both cases, if they all belong to the same household that cohabits;

c) Compliance with the schedules referred to in paragraph 3 of the preceding article;

d) The use of advance booking mechanisms, in order to avoid situations of waiting for service 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 45

Events in high-risk municipalities

1 – Without prejudice to the following paragraph, events and celebrations are permitted under the terms of article 25.

2-in high-risk municipalities, in events of a family nature, including weddings and baptisms, an agglomeration of people with capacity exceeding 50% of the space in which they are held is not allowed.

Article 46

Physical activity and sports in high-risk municipalities

The practice of physical and sporting activities, in a training context and in a competitive context, can be performed without a public, provided that the guidelines defined by the DGS are followed.

Article 47

Public services in high-risk municipalities

1 – Deconcentrated public services provide face-to-face service, preferably by appointment.

2 – Citizen shops maintain face-to-face service by appointment.

3-the provisions of the preceding paragraphs do not affect the continuity and reinforcement of the provision of services through digital media and contact centers with citizens and companies.

4 – The provisions of paragraph 3 of article 13 and the provisions of Council of Ministers Resolution no. 88/2020 , of 14 October, shall apply to services covered by this article. the present scheme.

5 – 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 29 August, is carried out without the need for prior appointment.

Article 48

Transport in 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 high-risk municipalities or within them.

2-in the transport by taxi and in the individual and paid transport of passengers in uncharacterized vehicles from an electronic platform, the front seats cannot be used by passengers.

ANNEX I

[Referred to in subparagraph a) of paragraph 3 and paragraph 7 of this resolution and articles 9, article 11 and article 42 of the regime annexed to this resolution]

1 – Recreational, leisure and fun activities:

Discos, bars and dance or party halls;

Amusement parks, recreational parks and the like, without prejudice to the provisions of article 34;

Other locations or facilities similar to the above.

2 – Activities in open spaces, public spaces and roads or private spaces and roads equivalent to public roads:

Parades and popular festivities or folklore or other manifestations of any nature.

3 – Gaming and betting spaces:

Game rooms and recreational rooms.

4 – Restaurant activities:

Bars and the like.

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