Resolution of the Council of Ministers No. 91-A/2021

Summary: Changes the measures applicable to certain municipalities in the context of the disaster situation.

The epidemiological situation in Portugal continues to increase in the level of incidence, the number of infected and the number of hospitalized patients. In view of this circumstance, the duration of the calamity situation continues to be justified, and it is extended, throughout the entire continental national territory, until 23:59 h on July 25, 2021.

At the same time, following the weekly review of the territorial scope of the COVID-19 disease containment and mitigation measures, it is determined that the municipalities of Albergaria-a-Velha, Alenquer, Aveiro, Azambuja, Bombarral, Braga, Cartaxo, Constância , Ílhavo, Lagoa, Matosinhos, Óbidos, Palmela, Paredes de Coura, Portimão, Rio Maior, Salvaterra de Magos, Santarém, Setúbal, Sines, Torres Vedras, Trancoso, Trofa, Viana do Alentejo, Vila Nova de Famalicão, Vila Nova de Gaia and Viseu will apply the rules corresponding to the «high-risk municipalities», while the municipalities of Albufeira, Alcochete, Almada, Amadora, Arruda dos Vinhos, Avis, Barreiro, Cascais, Faro, Lagos, Lisbon, Loulé, Loures, Lourinhã, Mafra, Mira, Moita, Montijo, Mourão, Nazaré, Odivelas, Oeiras, Olhão, Porto, Santo Tirso, São Brás de Alportel, Seixal, Sesimbra,Silves, Sintra, Sobral de Monte Agraço, Vagos and Vila Franca de Xira will apply the rules corresponding to «very high risk councils».

On the other hand, it is clarified that – without prejudice to the rules on tests in the context of educational, teaching and vocational training establishments or other structures and responses dedicated to children and young people and screenings carried out, namely in these places – children under 12 years old stay exempted from the obligation to undergo screening tests for SARS-CoV-2 infection for the purposes of this scheme.

It is also determined that on Saturdays, Sundays and holidays, as well as on Fridays from 19:00 h, the operation of restaurant establishments in high and very high risk municipalities, for the purpose of serving meals inside the establishment , it is only allowed, with some exceptions, as long as the customers present the EU COVID Digital Certificate or are holders of a test with a negative result carried out under the terms of this resolution.

Additionally, an identical rule will apply in tourist establishments or local accommodation located in mainland national territory, with access to them being allowed, regardless of the day of the week or time – and, also in this case, without prejudice to some exceptions provided for in this resolution -, depending on the presentation, by the customers, at the time of check-in, of the EU COVID Digital Certificate or of a test with a negative result, to be carried out under the terms of this same resolution.

Thus:

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

1 – Amend paragraphs 1 and 3 of the Resolution of the Council of Ministers no. 74-A/2021 , of June 9th, in its current wording, which now read as follows:

«1 – Declare, following the epidemiological situation of COVID-19, until 23:59 h on July 25, 2021, the situation of calamity throughout the continental national territory.

3 – […]:

The) […];

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, 9-A, 41. º-A to 44 and 48-A to 51 of the regime attached to this resolution and, also, of mandatory confinement by whoever is subject to it under the terms of article 3 of the said regime.

ç) […]”

2 – Amend articles 2, 6, 19, 44, 50 and 51 of the regime attached to Council of Ministers Resolution no. 74-A/2021 , of 9 June , in its current wording, which now have the following wording:

“Article 2

[…]

1 – […].

two – […].

3 – […]:

a) Albergaria -a -Velha;
b) Alenquer;
c) Aveiro;
d) Azambuja;
e) Bombarral;
f) Braga;
g) Cartaxo;
h) Constância;
i) Ílhavo;
j) Lagoa;
k) Matosinhos;
l) Óbidos;
m) Palmela;
n) Paredes de Coura;
o) Portimão;
p) Rio Maior;
q) Salvaterra de Magos;
r) Santarém;
s) Setúbal;
t) Sines;
u) Torres Vedras;
v) Trancoso;
w) Trofa;
x) Viana do Alentejo;
y) Vila Nova de Famalicão;
z) Vila Nova de Gaia;
aa) Viseu

 

4 – […]:

a) Albufeira;
b) Almada;
c) Alcochete;
d) Amadora;
e) Arruda dos Vinhos;
f) Avis;
g) Barreiro;
h) Cascais;
i) Faro;
j) Lagos;
k) Lisboa;
l) Loulé;
m) Loures;
n) Lourinhã;
o) Mafra;
p) Mira;
q) Moita;
r) Montijo;
s) Mourão;
t) Nazaré;
u) Odivelas;
v) Oeiras;
w) Olhão;
x) Porto;
y) Santo Tirso;
z) São Brás de Alportel;
aa) Seixal;
bb) Sesimbra;
cc) Silves;
dd) Sintra;
ee) Sobral de Monte Agraço;
ff) Vagos;
gg) Vila Franca de Xira. Albufeira;

 

Article 6

[…]

1 – […].

two – […].

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, in accordance with the rules and guidelines of the DGS , whenever the number of participants exceeds that defined by the DGS for the purposes of testing participants in events, the event organizers must request and verify compliance with the provisions of this provision.

4 – […]:

a) [Former paragraph d)]

b) [Former paragraph a)]

c) [Former paragraph b)]

d) [Former subparagraph c)]

5 – […].

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 mentioned therein, as applicable, without prejudice to the provisions of the final part of paragraph 3.

7 – […].

8 – […].

9 – […].

Article 19

[…]

1 – […].

two – […]:

The) […];

b) Traveling to and from countries, special administrative regions and territorial entities and authorities not recognized as countries by at least one Member State, whose epidemiological situation is in accordance with Council Recommendation (EU) 2020/912 of 30 of June 2020, and respective updates, relating to air connections with Portugal and included in the list to be defined in terms of paragraph 4 of article 23, subject to confirmation of reciprocity, or passengers from these countries even if they make a stopover in countries included in the list provided for in paragraph 4 of article 23;

ç) […].

3 – […].

4 – […].

5 – […].

6 – […].

7 – […].

Article 44

[…]

1 – […].

two – […]:

a) Compliance with the provisions of the following number, when applicable;

b) [Former paragraph a)]

c) [Former paragraph b)]

d) [Former subparagraph c)]

e) [Former paragraph d)]

3 – On Saturdays, Sundays and holidays, as well as on Fridays from 19:00 h, the operation of restaurant establishments under the preceding paragraph, for the purpose of serving meals inside the establishment, is only allowed for customers who present the EU’s COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June, or who have a test with a negative result, carried out under the terms of article 9-B .

4 – The requirement to present a test with a negative result under the terms of the previous number is waived:

a) For the permanence of citizens on open terraces, whose operation is allowed, at the times provided for in paragraph 3 of the previous article, regardless of the test, as well as for the mere entry of these citizens inside the establishment for the purposes of access common services, including access to sanitary facilities and payment systems;

b) To workers of spaces or establishments, as well as to any suppliers or service providers that enable the operation of the same, except, in both cases, if the respective testing is required under other rules.

5 – For the purposes of paragraph 2 and subparagraph a) of the preceding paragraph, open terraces are considered, namely:

The) […];

B) […].

6 – (Former No. 4.)

7 – (Former No. 5.)

8 – (Revoked.)

9 – (Former No. 6.)

10 – In the areas of consumption of food and beverages (food courts) of commercial complexes, the organization of the space must be provided for 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 paragraphs 2 to 4.

11 – (Former No. 9.)

Article 50

[…]

1 – […].

two – […].

3 – […].

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

5 – […].

6 – […].

7 – […].

8 – […].

Article 51

[…]

1 – […].

two – […]:

a) Compliance with the provisions of the following number, when applicable;

b) [Former paragraph a)]

c) [Former paragraph b)]

d) [Former subparagraph c)]

e) [Former paragraph d)]

3 – On Saturdays, Sundays and holidays, as well as on Fridays from 19:00 h, the operation of restaurant establishments under the preceding paragraph, for the purpose of serving meals inside the establishment, is only allowed for customers who present the EU’s COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June, or who have a test with a negative result, carried out under the terms of article 9-B .

4 – The requirement to present a test with a negative result under the terms of the previous number is waived:

a) For the permanence of citizens on open terraces, whose operation is allowed, at the times provided for in paragraph 4 of the previous article, regardless of the test, as well as for the mere entry of these citizens inside the establishment for the purposes of access common services, including access to sanitary facilities and payment systems;

b) To workers of spaces or establishments, as well as to any suppliers or service providers that enable the operation of the same, except, in both cases, if the respective testing is required under other rules.

5 – For the purposes of paragraph 2 and subparagraph a) of the preceding paragraph, open terraces are considered, namely:

The) […];

B) […].

6 – (Former No. 4.)

7 – (Former No. 5.)

8 – (Revoked.)

9 – (Former No. 6.)

10 – In the areas of consumption of food and beverages (food courts) of commercial complexes, the organization of the space must be provided for 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 paragraphs 2 to 4.

11 – (Former No. 9.)”

3 – Add to the regime attached to the Resolution of the Council of Ministers No. 74-A/2021 , of 9 June, in its current wording, articles 6-A, 9-A and 9-B , with the following wording:

“Article 6-A

Exceptions to testing rules

Without prejudice to the provisions of subparagraphs b) and c) of paragraph 1 of the preceding article and screenings to be carried out, namely in educational, teaching and vocational training establishments or other structures and responses dedicated to children and young people, under 12 years are exempt from the obligation to undergo screening tests for SARS-CoV-2 infection for the purposes of this scheme.

Article 9-A

Tourist or local accommodation establishments

1 – Access to tourist establishments or local accommodation establishments, regardless of the day of the week or time, depends on the presentation, by customers, at check-in, of the EU COVID Digital Certificate admitted under the terms of the Decree-Law No. 54-A/2021 , of 25 June, or a test with a negative result, carried out under the terms of the following article.

2-the requirement to present a test with a negative result under the terms of the preceding paragraph is waived to workers of spaces or establishments as well as any suppliers or service providers that enable the operation of the same, except, in both cases, if the respective testing is required under other standards.

3-Without prejudice to the following paragraph, catering establishments and similar integrated in tourist establishments or local accommodation establishments shall apply the provisions of paragraphs 1 to 9 of articles 44 and 51, depending on the circumstances applicable.

4-the provisions of the preceding paragraph, in the part concerning the testing referred to in paragraph 3 of articles 44 and 51, shall not apply to guests of this tourist establishment or local accommodation who have already complied with the provisions in no. 1.

5 – This article is a special rule and prevails over article 10

Article 9-B

Certificate or test for access to establishments

For the purposes of the provisions of the previous article and paragraphs 3 of articles 44 and 51, as applicable:

a) The presentation of the EU COVID Digital Certificate admitted under the terms of Decree-Law No. 54-A/2021 , of 25 June, is allowed, being equivalent to the presentation of a test with a negative result;

b) It is accepted, in terms of testing:

i) The laboratory performance of the nucleic acid amplification test (TAAN) within 72 hours prior to its presentation;

ii) The performance of a rapid antigen test (TRAg), verified by a certified entity, within 48 hours prior to its presentation;

iii) Carrying out a rapid antigen test (TRAg), in the form of a self-test, in the 24 hours prior to its presentation, in the presence of a health professional or pharmaceutical area who certifies that it has been carried out and the respective result;

iv) The realization of rapid antigen test (TRAg), in the form of self-test, at the moment, at the door of the establishment or the space whose frequency is intended, with the supervision of those responsible for them.”

4 – Revoke article 3-A, subparagraph b) of paragraph 3 of article 21, paragraph 8 of article 44 and paragraph 8 of article 51 of the attached regime to the Resolution of the Council of Ministers No. 74-A/2021 , of 9 June, in its current wording.

5 – To determine, without prejudice to the following paragraph, that this resolution enters into force on the day following its publication.

6 – To determine that paragraph 2 of this resolution, in the part concerning the amendment to paragraph 3 of articles 44 and 51 of the regime annexed to Resolution of the Council of Ministers no. 74-A/2021 , of June 9, concerning testing, takes effect from 3:30 pm on the day following the publication of this resolution.

Presidency of the Council of Ministers, 8 July 2021. – The Prime Minister, António Luís Santos da Costa.

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