Resolution of the Council of Ministers no. 40-A / 2020
Summary: Extends the declaration of the calamity situation, in the context of the COVID-19 disease pandemic.
The epidemiological situation in Portugal caused by the disease COVID-19 has required the Government to approve extraordinary measures to prevent the transmission of that disease.
The priority of disease prevention, containment of the pandemic and guaranteeing the security of the Portuguese, combined with the gradual lifting of suspensions and interdictions enacted during the period of the state of emergency, now has a repercussion on the gradual return of economic activity to its normal functioning. , through the evaluation of the epidemiological, health, social and economic framework, a path that is intended to be implemented through several and subsequent phases.
Considering this framework, and taking into account the evolution of the epidemiological situation verified in Portugal, on the 30th of April and on the 15th of May, the Government approved a series of measures with a view to starting the process of de confinement of the measures that were being adopted to fight COVID-19.
For that purpose, three Councils of de-confinement were established in the Council of Ministers Resolution No. 33-C / 2020 , of 30 April: a phase that started on April 30, 2020, a subsequent phase that began on May 18, 2020, and another scheduled for the end of May 2020.
The adopted schedule aims to enable the assessment of the epidemiological situation in Portugal and the effects that each of those three phases presents, always considering the impact verified in the previous phase in that epidemiological situation.
Thus, by this resolution, the Government continues the process of deflation started on April 30, 2020, continued on May 18, 2020, in the context of a controlled evolution of the epidemiological situation in Portugal, which justifies the renewal of the situation of calamity, declared effective May 18, 2020, under the terms of the Basic Civil Protection Law , approved by Law No. 27/2006 , of July 3, in its current wording.
Indeed, it is necessary to declare the disaster situation again.
There remains a need, for public health reasons, to observe rules of occupation, permanence and physical distance, as well as hygiene rules.
Likewise, still under the terms of articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, the Government also renews the exceptional and specific measures regarding activities related to retail establishments, services, catering establishments and access to public services and buildings.
In addition, the Law on the Public Health Surveillance System, approved by Law No. 81/2009 , of 21 August, allows the Government to take additional and exceptional measures that are essential to the control of the pandemic COVID-19.
At this stage, the Government opts for a less intense list of restrictions and closures than the one in force, without prejudice to the gradual lifting of restrictions and the need to maintain scrupulous compliance, by the Portuguese population, with physical distance measures indispensable to contain the infection.
Safeguarding the health and safety of the population, in order to mitigate the contagion and spread of the SARS-CoV-2 virus and the COVID-19 disease is essential, so they are in compulsory confinement, in a health establishment or at their home, sick people and under active surveillance.
Thus, the population no longer has to fulfil a civic duty of remaining at home..
Professional practice in teleworking is no longer mandatory, and within the maximum limits of the normal working period and with respect for the right to daily and weekly rest, measures to prevent and mitigate the risks arising from the pandemic can be implemented, namely adoption of worker turnover scales between the teleworking regime and the work performed in the usual workplace, daily or weekly, different times of entry and exit, different times for breaks and meals.
The range of commercial establishments that may be in operation is extended, allowing the opening of those with an area greater than 400 square meters.
Catering establishments and similar establishments no longer have restrictions on their occupation, without prejudice to maintaining the need to comply with all hygiene and sanitary guidelines of the Directorate-General for Health defined for the sector.
As long as the guidelines of the Directorate-General for Health are respected, events of a family nature, including weddings and baptisms, community celebrations of various religious denominations, events of a corporate nature held in spaces suitable for this purpose, as well as cultural events.
Finally, considering the outbreaks located in the Metropolitan Area of ​​Lisbon, special limitations are established, namely regarding the concentration of people and establishments of commerce or provision of services.
Like this:
Under the terms of articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, pursuant to the provisions of article 2 of Law no. 1- A / 2020 , of March 19, in its current wording, of article 17 of Law no. 81/2009 , of August 21, of article 19 of Law no. 27/2006 , of 3 of July, in its current wording, and in paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:
1 – To declare, following the epidemiological situation of COVID-19, the calamity situation in the entire national territory until 23: 59h on June 14, 2020, without prejudice to extension or modification as the situation evolves epidemiological justification.
2 – To determine, without prejudice to the powers of the Minister of State, Economy and Digital Transition, the Minister for Internal Administration, the Minister for Modernization of the State and Public Administration, the Minister for Health, the Minister for the Environment and Climate Action and the Minister of Infrastructure and Housing, which can be exercised jointly with the members of the Government responsible for the respective sectorial areas, when applicable, the adoption, throughout the national territory, of the following exceptional measures, necessary to combat COVID -19, as well as those provided for in the regime attached to this resolution and which is an integral part:
a) Establishment of rules to protect the individual and collective health of citizens;
b) Limitation or conditioning of access, circulation or permanence of people in spaces frequented by the public, as well as dispersion of concentrations greater than 20 people, unless they belong to the same household, without prejudice to the special limitations applicable to the Lisbon Metropolitan Area;
c) Limitation or conditioning of certain economic activities;
d) Establishment of operating rules for industrial, commercial and service establishments;
e) Rationalization of the use of public transport, communications and water and energy supply services, as well as the consumption of essential goods.
3 – Establish, within the scope of protection and assistance:
a) Maintaining the state of readiness of the security forces and services and of all civil protection agents, with reinforcement of means for eventual support operations in the area of ​​public health;
b) Maintaining the functioning of the COVID-19 Subcommittee, within the scope of the National Civil Protection Commission, on a permanent basis, as the structure responsible for collecting and processing information relating to the ongoing epidemic outbreak, ensuring permanent monitoring of the situation;
c) The use, when necessary, of the system of notices to the population by the National Authority for Emergency and Civil Protection (ANEPC).
4 – Reinforce that, during the period of validity of the calamity situation, citizens and other entities have, under the terms of paragraphs 1 to 3 of article 6 of Law no. 27/2006 , of July 3 , in its current wording, the duty of collaboration, namely in the fulfilment of orders or instructions from 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 for the implementation of the measures that justify the present declaration of calamity.
5 – To establish that the Government assesses, at all times, the need to approve a sanctioning framework for violation of this resolution, based on the report made by the security forces and services to the Government member responsible for the area of ​​internal administration regarding the degree of compliance with the measures adopted by this resolution.
6 – Reinforce, without prejudice to the preceding paragraphs, that it is the responsibility of the security forces and services and the municipal police 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 forms an integral part;
b) The emanation of legitimate orders, under the terms of this resolution, namely for collection at the respective domicile;
c) Commination and participation for the crime of disobedience, under the terms and for the purposes of paragraph b) of paragraph 1 of article 348 of the Penal Code, of article 6 of Law no. 27/2006, of July 3, in its current wording, for violation of the provisions of article 3 of the regime attached to this resolution, as well as of the mandatory confinement of whoever is subject to it under the terms of article 2 of the said regime;
d) Advice on the non-concentration of people on the public road and the dispersion of concentrations greater than 20 people, unless they belong to the same household, without prejudice to the special limitations applicable to the Lisbon Metropolitan Area.
7 – To recommend to parish councils, in the framework of ensuring compliance with the provisions of the regime attached to this resolution:
a) Advice on the non-concentration of people on public roads;
b) Signalling with the security forces and services, as well as the municipal police, of the establishments to be closed, to guarantee the cessation of the activities provided for in Annex I to the regime attached to this resolution.
8 – To determine that, for the purposes of paragraph 6 (c), health authorities communicate to the security forces and services in the place of residence the application of mandatory containment measures.
9 – To determine the creation of a structure to monitor the situation of calamity, coordinated by the member of the Government responsible for the area of ​​internal administration, with the power of delegation, composed of representatives of the governmental areas defined by order of the Prime Minister and representatives of the forces and security and ANEPC services, for the purpose of regular monitoring of the situation.
10 – To reinforce that disobedience and resistance to the legitimate orders of the competent entities, when practiced during the validity of the calamity situation 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 increased by one third, in their minimum and maximum limits, pursuant to paragraph 4 of article 6 of Law no. 27/2006 , of July 3, in its current wording.
11 – Revoke the Resolution of the Council of Ministers no. 38/2020 , of 17 May, without prejudice to the provisions of paragraph a) of no. 3 of article 5 of the regime attached to this resolution.
12 – To determine that this resolution takes effect from 00:00 on June 1, 2020, without prejudice to the provisions of paragraph a) of paragraph 2 of article 12 and paragraph 3 of article 12 of the regime attached to this resolution, which take effect from 00:00 on May 30, 2020.
Presidency of the Council of Ministers, May 29, 2020. – The Prime Minister, António Luís Santos da Costa.
ATTACHMENT
(Disaster situation regime referred to in paragraph 2 of this resolution)
Article 1
Object
The present regime establishes exceptional and temporary measures to respond to the SARS-CoV-2 epidemic and the COVID-19 disease within the scope of the declaration of a calamity situation throughout the national territory.
Article 2
Mandatory containment
1 – Are in compulsory confinement, in a health establishment, at their home or in another place defined by health authorities:
a) Patients with COVID-19 and those infected with SARS-Cov2;
b) Citizens for whom the health authority or other health professionals have determined active surveillance.
2 – The health authorities communicate to the security forces and services of the place of residence the application of the mandatory containment measures.
Article 3
Closed facilities and establishments
The facilities and establishments referred to in annex I to the present regime and which form an integral part thereof are closed.
Article 4
Teleworking and work organization
1 – The employer must provide the worker with adequate health and safety conditions to prevent the risk of contagion arising from the COVID-19 disease pandemic, and may, in particular, adopt the teleworking regime, under the terms provided for in the Labour Code.
2 – Without prejudice to the possibility of adopting the teleworking regime in the general terms provided for in the Labour Code, this regime is mandatory when required by the worker, regardless of the employment relationship and whenever the functions in question permit, in the following situations:
a) The worker, by means of medical certification, is covered by the exceptional protection regime for immunocompromised and chronically ill patients, under the terms of article 25-A of Decree-Law no. 10-A / 2020, of 10 March, in its current wording;
b) The worker with a disability, with a degree of disability equal to or greater than 60%;
c) The worker with a child or other dependent dependent under 12 years of age, or, regardless of age, with a disability or chronic illness, arising from the suspension of classroom and non-teaching activities in school or social support equipment for early childhood or disability, outside the periods of school breaks set out in Annexes II and IV to Order No. 5754-A / 2019, published in the Diário da República, 2nd series, No. 115, of 18 June.
3 – The obligation provided for in paragraph c) of the previous number is applicable only to one of the parents, regardless of the number of dependent children or dependents.
4 – The teleworking regime is still mandatory, regardless of the employment relationship and whenever the functions in question permit, when the physical spaces and the work organization do not allow compliance with the guidelines of the Directorate-General for Health (DGS) and the Authority for Working Conditions on the matter, to the strictest extent necessary.
5 – In situations in which the teleworking regime is not adopted under the terms provided for in the Labour Code, they may be implemented, within the maximum limits of the normal working period and with respect for the right to daily and weekly rest provided for by law or in an instrument collective labour regulation applicable, preventive measures and mitigation of risks arising from the pandemic, namely, the adoption of worker turnover scales between the teleworking regime and the work performed in the usual workplace, daily or weekly, different working hours. Entry and exit, different times for breaks and meals.
6 – For the purposes of the preceding paragraph, the employer may change the organization of working time under the respective management power, and the procedure provided for in applicable legislation must be respected.
Article 5
Special limitations applicable to the Lisbon Metropolitan Area
1 – In the Metropolitan Area of ​​Lisbon, the access, circulation or permanence of people in spaces frequented by the public, as well as the concentration of people on the public road are limited to 10 people, unless they belong to the same household.
2 – In the Metropolitan Area of ​​Lisbon, activities in retail establishments and services that have a sales or service area of ​​more than 400 m2 are suspended, as well as those that are in commercial units, unless have an equal or inferior area and an autonomous and independent entrance from the outside, and the respective areas of consumption of food and drinks (food-courts) of the commercial complexes.
3 – Except for the provisions of the previous number:
a) The commercial establishments and service provision activities listed in annex ii to the Resolution of the Council of Ministers no. 38/2020, of 17 May, regardless of the respective area;
b) Books and musical supports trade establishments;
c) Establishments that intend to maintain their activity exclusively for the purpose of home delivery or provision of goods at the establishment’s door or wicket, in which case access to the interior of the establishment by the public is prohibited;
d) Establishments with an area greater than 400 m2, when the respective operation has been authorized by the municipality with territorial jurisdiction and provided that the other rules and requirements provided for in this regime are guaranteed;
e) Establishments that, even though they have an area of ​​more than 400 m2, restrict the sales or service provision area to an area not exceeding that value.
4 – In the Metropolitan Area of ​​Lisbon, the territorially competent municipalities re-evaluate the maintenance of the opening of establishments with an area greater than 400 m2 that has been authorized under paragraph d) of paragraph 2 of article 6 of the regime annexed to the Resolution of the Council of Ministers no. 38/2020 , of 17 of May, as well as the maintenance in operation of fairgrounds that have resumed their operation under article 18 of the same regime
5 – In the Lisbon Metropolitan Area, Lojas do Cidadão remain closed, without prejudice to being able to accept appointments for face-to-face service to be held after June 1, 2020, maintaining face-to-face service by appointment at Citizen Shops only in locations where they do not there are decentralized branches, as well as the provision of these services through digital media and contact centers with citizens and businesses.
6 – In the Metropolitan Area of ​​Lisbon, vehicles with a capacity for more than five people can only drive, unless all occupants are part of the same household, with two thirds of their capacity, and the occupants must wear a mask or visor, with the exceptions provided in article 13-B of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording.
7 – The provisions of the preceding paragraph do not apply to public transport.
8 – The operational activity of the security forces and services and rescue services operating in the Metropolitan Area of ​​Lisbon, within the scope of the implementation of the present regime, may be reinforced, if necessary, by personnel from other geographical areas, in articulation with the municipal civil protection structure.
Article 6
Rules of occupation, permanence and physical distance
1 – In all places open to the public, the following rules of occupation, permanence and physical distance must be observed:
a) The allocation of spaces accessible to the public must observe the maximum indicative occupancy rule of 0.05 people per square meter of area, with the exception of service provision establishments;
b) The adoption of measures that ensure a minimum distance of two meters between people, unless special provision or guidance from the DGS in a different direction;
c) Ensuring that people remain within the space only for the time strictly necessary;
d) The prohibition of waiting situations for assistance within service provision establishments, with economic operators having to resort, preferably, to prior booking mechanisms;
e) The definition, whenever possible, of specific entry and exit circuits in establishments and installations, using separate doors;
f) Compliance with other rules defined by the DGS;
g) Encouraging the adoption of approved codes of conduct for certain sectors of activity or establishments, as long as they do not contravene the provisions of the present regime.
2 – For the purposes of paragraph a) of the previous number:
a) “Area” means the area intended for the public, including areas for collective use or circulation, with the exception of areas reserved for parking vehicles;
b) The maximum limits for maximum occupancy per person do not include employees and service providers who are exercising functions in the spaces in question.
3 – Managers, managers or owners of spaces and establishments must make every effort to:
a) Carry out a balanced management of public accesses, in compliance with the provisions of the previous numbers;
b) Monitor the refusals of public access, in order to avoid, as much as possible, the concentration of people at the entrance of spaces or establishments.
Article 7
Hygiene rules
Places open to the public must observe the following hygiene rules:
a) The provision of the service and the transport of products must be carried out with respect for the necessary hygiene rules defined by the DGS;
b) Economic operators must promote daily and periodic cleaning and disinfection of spaces, equipment, objects and surfaces, with which there is intense contact;
c) Economic operators must promote the cleaning and disinfection, after each use or interaction, of automatic payment terminals (TPA), equipment, objects, surfaces, products and utensils in direct contact with customers;
d) Economic operators should promote the containment, as much as possible, by workers or customers, of touching products or equipment as well as unpackaged articles, which should preferably be handled and dispensed by workers;
e) In retail clothing and similar establishments, during this phase, access control to the fitting rooms should be promoted, safeguarding, when applicable, the partial inactivation of some of these spaces, in order to guarantee the minimum distances safety, and ensuring the disinfection of the dials, clothing supports and hangers after each use, as well as the availability of skin disinfectant solutions for use by customers;
f) In the case of exchanges, returns or take back of used products, operators should, whenever possible, ensure their cleaning and disinfection before being made available for sale again, unless this is not possible or compromises the quality of the products;
g) Other rules defined in codes of conduct approved for certain sectors of activity or establishments, provided that they do not contravene the provisions of the present regime.
Article 8
Skin disinfectant solutions
Retail or service establishments should seek to ensure the availability of skin disinfectant solutions, for workers and customers, at all entrances and exits of establishments, as well as inside, in suitable locations for disinfection in accordance with the organization of each space.
Article 9
Opening hours
1 – The opening hours of retail establishments or services can be adjusted, in order to guarantee a delay in the opening or closing time, on their own initiative, by concerted decision, by decision of space managers. Where the establishments or the member of the Government responsible for the economy are located, without prejudice to the provisions of the following paragraph.
2 – The establishments that resumed their activity under the Resolution of the Council of Ministers no. 33-A / 2020 , of 30 April, of the Resolution of the Council of Ministers no. 38/2020 , of 17 May, as well as those who resume their activity after the entry into force of the present regime, cannot, in any case, open before 10:00.
3 – Establishments whose usual opening hours are changed by the effect of the previous number may postpone the closing hours for an equivalent period.
4 – The provisions of paragraphs 2 and 3 are not applicable to hairdressing salons, barbers, beauty institutes, restaurants and the like, coffee shops, tea houses and the like, driving schools and vehicle inspection centers.
5 – Retail or service establishments may close at certain times of the day to ensure cleaning and disinfection operations for employees, products or space.
6 – The opening hours of retail establishments or the provision of services may be limited or modified by order of the Government member responsible for the economy, during the period of validity of the present regime.
Article 10
Priority service
Retail or service establishments should give priority to healthcare professionals, members of the security, protection and rescue forces and services, armed forces personnel and the provision of social support services.
Article 11
Duty to provide information
Retail establishments or service providers must inform customers clearly and visibly about the new rules for maximum occupancy, operation, access, priority, service, hygiene, safety and other relevant rules applicable to each establishment.
Article 12
Events
1 – Celebrations and other events that involve an agglomeration of people in excess of 20 are not allowed, without prejudice to the provisions of the following number.
2 – DGS defines specific guidelines for the following events:
a) Religious ceremonies, including community celebrations;
b) Events of a family nature, including weddings and baptisms, whether for civil or religious ceremonies, or for other commemorative events;
c) Events of a corporate nature held in spaces suitable for this purpose, namely, conference rooms, tourist establishments, venues suitable for holding trade fairs and outdoor spaces.
3 – In the absence of guidance from the DGS, the event organizers must observe, with the necessary adaptations, the provisions of articles 6 to 8, as well as in article 14 regarding the catering spaces in these involved, and the participants wear a mask or visor in closed spaces.
4 – 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.
Article 13
Funerals
1 – The holding of funerals is subject to the adoption of organizational measures that guarantee the absence of clusters of people and the control of safety distances, namely the establishment of a maximum attendance limit, to be determined by the local authority that exercises management powers of the respective cemetery.
2 – From the limit established under the terms of the preceding paragraph, it cannot result in the impossibility of being present at the funeral of a spouse or de facto partner, ascendants, descendants, relatives or the like.
Article 14
Restoration and the like
1 – The operation of catering establishments and the like is only 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 the present regime;
b) Occupancy, within the establishment, is limited to 50% of the respective capacity, as defined in article 133 of the annex to Decree-Law no. 10/2015, of 16 January, in its current wording, or, alternatively, impermeable physical barriers of separation are used between customers who are face to face and a distance between tables of one and a half meters;
c) From 23:00 onwards public access is excluded for new admissions;
d) The use of prior booking mechanisms, in order to avoid situations of waiting for service in the establishments, as well as in the outer space.
2 – Occupation or service on terraces is only permitted, provided that the DGS guidelines for the restaurant sector are respected, with the necessary adaptations.
3 – In the areas of consumption of food and drinks (food-courts) of the commercial complexes, provision should be made for the organization of the space in order to avoid crowds of people and to respect, with due adaptations, the DGS guidelines for the health sector restoration.
4 – Catering establishments and the like that intend to maintain their respective activity, totally or partially, for the purpose of cooking intended for consumption outside the establishment or delivery at home, directly or through an intermediary, are exempted from a license for cooking intended for consumption outside establishment or home delivery and may determine to their workers, provided that with their consent, participation in the respective activities, even if they are not part of the object of the respective employment contracts.
Article 15
Fairs and markets
1 – For each fair or market, there must be a contingency plan for COVID-19, prepared by the competent local authority or approved by it, in the case of fairs and markets under the exploitation of private entities.
2 – The contingency plan must be made available on the municipality’s website.
3 – The reopening of fairs and markets must be preceded by actions to raise the awareness of all marketers and traders, regarding the implementation of the contingency plan and other prevention measures and hygiene practices.
4 – The said contingency plan must, with the necessary adaptations, respect the rules in force for retail trade establishments regarding occupation, permanence and physical distance, as well as the DGS guidelines, providing for a set of prevention and control procedures infection control, namely:
a) Operational procedure on the actions to be taken in case of illness, symptoms or contact with a confirmed case of COVID-19 disease;
b) Implementation of the mandatory use of a mask or visor by marketers and merchants and customers;
c) Measures of adequate physical distance between places of sale, when possible;
d) Hygiene measures, namely the mandatory compliance with hand hygiene and respiratory label measures, as well as the mandatory availability of skin disinfectant solutions, at the entrances and exits of fairs and markets, in sanitary facilities, when existing, as well as the respective availability by marketers and traders, when possible;
e) Relative access and circulation measures, namely:
i) The management of access to the fairgrounds and markets, in order to avoid excessive concentration, either inside or at the entrance to them;
ii) The rules applicable to the exhibition of goods, preferably and whenever possible, upon the requirement of making them available by marketers and traders;
iii) Disinfection procedures for vehicles and goods, adjusted to the type of products and the organization of circulation;
f) Plan for cleaning and sanitizing fairgrounds and markets;
g) Protocol for the treatment of waste, particularly with regard to personal protective equipment.
5 – The resumption of activity, in fairs and markets, of providing non-sedentary catering and drinks services or of other service providers accompanies the phased reopening of the corresponding activities carried out in a commercial establishment.
6 – Without prejudice to the powers of the other authorities, the municipal supervisory authorities, the municipal police and the entities responsible for the management of the fairgrounds and markets, as the case may be, may contribute to the monitoring of compliance with the procedures contained in the contingency plans. .

Article 16
Public services
1 – Public services maintain face-to-face service by appointment, maintaining the continuity of service provision through digital media and contact centers with citizens and companies.
2 – For the services covered by this article, the provisions of articles 7 and 9 apply.

Article 17
Museums, monuments, palaces, archaeological sites and the like
1 – The operation of museums, monuments, palaces, archaeological sites and the like is only permitted 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 m2 and a minimum distance of two meters for anyone other than his cohabitant;
c) Ensure, whenever possible:
i) The creation of a unique sense of visit;
ii) Limiting access to visits to small spaces;
iii) The elimination, or if it is not possible, the reduction, of the crossing of visitors in strangulation areas;
d) Minimize the areas of concentration of visitors with interactive equipment, and should preferably disable the equipment that needs or invites the interaction of visitors;
e) Use, preferably, in the case of group visits, prior booking mechanisms, in order to avoid waiting situations to enter the cultural equipment, as well as in the outer space;
f) Place barriers in the ticket office and public service areas;
g) Give priority to carrying out transactions by TPA.
2 – The admission of visitors must be made freely or by a group of people, depending on the area of ​​said cultural equipment, and the maximum indicative occupation rule of 0.05 people per square meter of area must be ensured.
3 – The occupation or service in terraces of cultural facilities is only permitted, provided that the guidelines of the DGS for the catering sector are respected, with the necessary adaptations.
4 – In the areas of consumption of catering and beverages for cultural facilities, the guidelines defined by the DGS for the catering sector must be respected.

Article 18
Cultural events
1 – Notwithstanding the provisions of paragraph 1 of article 12, it is permitted the operation of theatres, exhibition of cinematographic films and the like, as well as cultural events held outdoors, provided that:
a) The rules defined in articles 6 and 7 are observed, with the necessary adaptations;
b) In theatres or theatres of cinematographic films, be reduced, whenever necessary, observing the following guidelines:
i) Occupied seats must have an interval between spectators who are not cohabiting, and in the next row the occupied seats must be unmatched;
ii) If there is a stage, a minimum distance of at least two meters between the mouth of the scene and the first row of spectators is guaranteed;
c) In open-air performance venues, the venue’s capacity must observe the following guidelines:
i) The places are previously identified, observing a physical distance between spectators of one and a half meters;
ii) If there is a stage, a minimum distance of at least two meters between the mouth of the scene and the first row of spectators is guaranteed;
d) The service stations are preferably equipped with protection barriers;
e) Priority is given to the advance purchase of tickets by electronic means and payments by contactless means, by bank card or other similar methods;
f) Whenever applicable, ventilation systems are maintained, ensuring that their operation is carried out without the occurrence of air recirculation;
g) Adapt live scenes and shows, whenever possible, in order to minimize physical contact between those involved and maintain the recommended distance;
h) Other rules defined by the DGS are observed.
2 – In the areas of consumption of catering and beverages of these cultural facilities, the guidelines defined by the DGS for the catering sector must be respected.

Article 19
Physical and sports activity
1 – Without prejudice to the provisions of the following paragraphs, physical and sports activities may only be carried out in a non-competitive context of individual sports, as defined in Order No. 1710/2014, published in the Diário da República, 2nd series, of February 4, or collective modalities by federated athletes, provided that in compliance with the guidelines defined by the DGS.
2 – Competitions in individual sports and without physical contact, as well as the 1st Professional Football League, can only be held outdoors, without an audience, and as long as they respect the guidelines specifically defined by the DGS.
3 – The practice of physical and sports activities outdoors or in gyms and gyms can only be carried out as long as the guidelines defined by the DGS are respected.
4 – Sports facilities in operation for the purposes of the preceding paragraphs are governed by the provisions of article 7, with the necessary adaptations.

Article 20
Visits to users of residential structures
1 – Visits to users of residential structures for the elderly, integrated continuous care units of the National Network of Integrated Continuous Care and other responses dedicated to the elderly, as well as to children, young people and people with disabilities, are only allowed if they are observed. Rules defined by the DGS.
2 – Upon assessment of the specific epidemiological situation, it may be determined by the DGS, in conjunction with the local health authority and in coordination with the Government member responsible for the health area, the suspension of visits to the institution for a limited time.

Article 21
Gambling, casinos, bingo or similar establishments
It is allowed the operation of gambling establishments, casinos, bingo or similar, provided that:
a) Observe the guidelines and instructions defined specifically 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 playing areas;
c) Give priority to carrying out transactions by TPA;
d) Do not remain inside establishments that do not intend to consume or gamble.

Article 22
Personal care and aesthetics
1 – The operation of:
a) Hairdressing salons, barbers, beauty institutes, by appointment;
b) Tattoo and body piercing establishments or studios, by prior appointment;
c) Massage activity in beauty salons, gyms or similar establishments.
2 – In these establishments, the guidelines defined by the DGS must be respected.

ANNEX I
(Referred to in Article 3)
1 – Recreational, leisure and fun activities:
Dance or party halls;
Amusement parks and recreational and similar parks for children;
Water parks, without prejudice to workers access for the purpose of caring for animals;
Other places or facilities similar to the previous ones.
2 – Cultural activities:
National, regional and municipal caves, public or private, without prejudice to workers’ access for conservation purposes;
Bullfighting squares, places and installations;
3 – Sports activities, except those intended for the activity of federated sportsmen, in the context of training:
Pavilions or enclosed spaces, except those intended for the practice of individual sports without contact;
Indoor futsal, basketball, handball, volleyball, roller hockey and similar pavilions;
Closed skating rinks, ice hockey and the like;
Boxing rings, martial arts and the like;
Athletics tracks closed.
4 – Activities in open spaces, spaces and public roads, or spaces and private roads similar to public roads:
Parades and popular parties or folkloric or other manifestations of any nature.
5 – Gaming and betting spaces:
Game rooms and recreational rooms.
6 – Beverage establishments:
Drinks and similar establishments, with or without dance spaces, except for those integrated in tourist establishments and local accommodation, to provide exclusive service to the respective guests.
7 – Spa and spas or similar establishments, as well as solariums.
8 – Language schools and tutoring centers, except for the former, for the purpose of conducting tests, in strict compliance with the physical distance recommended by the health authority.
113283939

The following law has been revoked by 41-A/2020 issued 29th May

Resolution of the Council of Ministers no. 38/2020

• Publication: Diário da República no. 95-B / 2020, Series I of 2020-05-17
• Issuer: Presidency of the Council of Ministers
• Diploma Type: Resolution of the Council of Ministers
• Number: 38/2020
• Pages: 2 – 16
• ELI: https://data.dre.pt/eli/resolconsmin/38/2020/05/17/p/dre

PDF version: Download
Original in Portuguese here
SUMMARY
Extends the declaration of the calamity situation, in the context of the COVID-19 disease pandemic
TEXT
Resolution of the Council of Ministers no. 38/2020
Summary: Extends the declaration of the calamity situation, in the context of the COVID-19 disease pandemic.
The epidemiological situation in Portugal caused by the disease COVID-19 has required the Government to approve extraordinary measures to prevent the transmission of that disease.
The priority of disease prevention, containment of the pandemic and guaranteeing the security of the Portuguese, combined with the gradual lifting of suspensions and interdictions enacted during the period of the state of emergency, now has repercussions on a path of gradual return of economic activity to its normal functioning. , through the evaluation of the epidemiological, health, social and economic framework, a path that is intended to be implemented through several and subsequent phases.
Considering this framework, and taking into account the evolution of the epidemiological situation verified in Portugal, on April 30, the Government approved a series of measures with a view to initiating the process of de-definition of the measures that were being adopted to combat COVID-19.
For this purpose, three Councils of de-confinement phases were established in the Council of Ministers Resolution No. 33-C / 2020 , of April 30: a phase that started on April 30, 2020, a subsequent phase, starting if after May 18, 2020, and another scheduled for the end of May 2020.
The adopted schedule aims to enable the assessment of the epidemiological situation in Portugal and the effects that each of those three phases presents, always considering the impact verified in the previous phase in that epidemiological situation.
Thus, by this resolution, the Government continues the process of deflation started on April 30, 2020, in the context of a controlled evolution of the epidemiological situation in Portugal, which justifies the renewal of the calamity situation, declared with effect on May 3 2020, under the terms of the Basic Law for Civil Protection, approved by Law No. 27/2006 , of July 3, in its current wording.
Indeed, it is necessary to declare the calamity situation again and establish, in particular, the establishment of limits and conditions for the circulation and agglomeration of people, and the rationalization of the use of public services.
Likewise, still under the terms of articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, the Government also renews the exceptional and specific measures regarding activities related to retail trade establishments, provision of services, catering establishments, access to services and public buildings, as well as the use of camping and caravan sites and motorhome service areas.
In addition, the Law on the Public Health Surveillance System, approved by Law No. 81/2009 , of 21 August, allows the Government to take additional and exceptional measures that are essential to the control of the pandemic COVID-19.
At this stage, the Government opts for a less intense list of restrictions, suspensions and closures than that which was in force, without prejudice to the gradual lifting of restrictions and the need to maintain scrupulous compliance by the Portuguese population with the physical distance necessary to contain the infection.
Safeguarding the health and safety of the population, in order to mitigate the contagion and spread of the SARS-CoV-2 virus and the COVID-19 disease, is essential, so they are in compulsory confinement, in a health establishment or at their home. , sick people and on active surveillance.
Thus, the population must seek to fulfill a civic duty of home care, giving priority to activities, decisions and travel that do not imply extended social contact. In this sense, professional practice remains on a telecommuting regime whenever the functions in question permit, recommending that, in cases where it is not allowed, rotation schedules are adopted.
The range of commercial establishments that may be in operation is extended, namely local shops, direct street entrance and limited in size to 400 m2.
Catering establishments and the like are also reopened, as long as their occupation does not exceed 50% of their capacity and all the hygiene and sanitary guidelines of the Directorate-General for Health are defined for the sector.
It is now accepted that the operators of campsites and caravan sites ensure that the maximum camping capacity is 2/3 of the legally established area.
Finally, rules are established for access to museums, monuments, palaces, archaeological sites and other similar places.

Like this:
Under the terms of articles 12 and 13 of Decree-Law no. 10-A / 2020 , of 13 March, in its current wording, pursuant to the provisions of article 2 of Law no. 1- A / 2020 , of March 19, in its current wording, of Article 17 of Law No. 81/2009 , of August 21, of Article 19 of Law No. 27/2006 , of 3 of July, in its current wording, and in paragraph g) of article 199 of the Constitution, the Council of Ministers resolves:

1 – To declare, following the epidemiological situation of COVID-19, the calamity situation in the entire national territory until 23:59 h on May 31, 2020, without prejudice to extension or modification as the evolution of the epidemiological situation justifies it.

2 – To determine, without prejudice to the powers of the Minister of State, Economy and Digital Transition, the Minister for Internal Administration, the Minister for Modernization of the State and Public Administration, the Minister for Health, the Minister for the Environment and Climate Action and the Minister of Infrastructure and Housing, which can be exercised jointly with the members of the Government responsible for the respective sectorial areas, when applicable, the adoption, throughout the national territory, of the following exceptional measures, necessary to combat COVID -19, as well as those provided for in the regime attached to this resolution and which is an integral part:
a) Establishment of rules to protect the individual and collective health of citizens;
b) Limitation or conditioning of access, circulation or permanence of people in spaces frequented by the public, as well as dispersion of concentrations greater than 10 people, unless they belong to the same household;
c) Establishment of work organization rules, namely through the promotion of the teleworking regime and health protection, hygiene and safety rules;
d) Limitation or conditioning of certain economic activities;
e) Establishment of operating rules for industrial, commercial and service establishments;
f) Rationalization of the use of public transport, communications and water and energy supply services, as well as the consumption of essential goods.

3 – Establish, within the scope of protection and assistance:
a) Maintaining the state of readiness of the security forces and services and of all civil protection agents, with reinforcement of means for eventual support operations in the area of ​​public health;
b) Maintaining the functioning of the COVID-19 Subcommittee, within the scope of the National Civil Protection Commission, on a permanent basis, as the structure responsible for collecting and processing information relating to the ongoing epidemic outbreak, ensuring permanent monitoring of the situation;
c) The use, when necessary, of the system of notices to the population by the National Authority for Emergency and Civil Protection (ANEPC).

4 – Reinforce that, during the period of validity of the calamity situation, citizens and other entities have, under the terms of paragraphs 1 to 3 of article 6 of Law no. 27/2006 , of July 3 , in its current wording, the duty of collaboration, namely in the fulfilment of orders or instructions from 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 for the implementation of the measures that justify the present declaration of calamity.

5 – To establish that the Government assesses, at all times, the need to approve a sanctioning framework for violation of this resolution, based on the report made by the security forces and services to the Government member responsible for the area of ​​internal administration regarding the degree of compliance with the measures adopted by this resolution.

6 – Reinforce, without prejudice to the preceding paragraphs, that it is incumbent upon the security forces and services and the municipal police to monitor compliance with the provisions of this resolution, by means of:
a) Raising the community’s awareness of the civic duty of collection;
b) 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 forms an integral part;
c) The emanation of legitimate orders, under the terms of this resolution, namely for collection at the respective domicile;
d) Commination and participation for the crime of disobedience, under the terms and for the purposes of paragraph b) of paragraph 1 of article 348 of the Penal Code, of article 6 of Law no. 27/2006, of July 3, in its current wording, for violation of the provisions of articles 5 and 6 of the regime attached to this resolution, as well as of the mandatory confinement of whoever is subject to it under the terms of article 2 of said regime;
e) Advice on the non-concentration of people on public roads and the dispersion of concentrations higher than 10 people, unless they belong to the same household;
f) The recommendation to all citizens of the fulfilment of the civic duty of home collection, under the terms and with the exceptions provided for in article 3 of the regime attached to this resolution.

7 – To recommend to parish councils, in the context of ensuring compliance with the provisions of the regime attached to this resolution:
a) Advice on the non-concentration of people on public roads;
b) Sensitization of all citizens to the fulfilment of the civic duty of home collection, under the terms and with the exceptions provided for in article 3;
c) Signalling with the security forces and services, as well as the municipal police, of the establishments to be closed, to guarantee the cessation of the activities provided for in Annex I to the regime attached to this resolution.

8 – To determine that, for the purposes of paragraph d) of no. 6, health authorities communicate to the security forces and services of the place of residence the application of mandatory containment measures.

9 – To determine the creation of a structure for monitoring the situation of calamity, coordinated by the member of the Government responsible for the area of ​​internal administration, with the power of delegation, composed of representatives of the governmental areas defined by order of the Prime Minister and representatives of the forces and security and ANEPC services, for the purpose of regular monitoring of the situation.

10 – Reinforce that disobedience and resistance to the legitimate orders of the competent entities, when practiced during the validity of the calamity situation 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 respective penalties increased by one third, in their minimum and maximum limits, pursuant to paragraph 4 of article 6 of Law no. 27/2006 , of July 3, in its current wording.

11 – Revoke the Resolution of the Council of Ministers no. 33-A / 2020 , of 30 April.

12 – To determine that this resolution takes effect as of 00:00 on 18 May 2020.
Presidency of the Council of Ministers, May 15, 2020. – The Prime Minister, António Luís Santos da Costa.

ATTACHMENT
Disaster situation regime
(Referred to in paragraph 2 of this resolution)

Article 1
Object
The present regime establishes exceptional and temporary measures to respond to the SARS-CoV-2 epidemic and the COVID-19 disease within the scope of the declaration of a calamity situation throughout the national territory.

Article 2
Mandatory containment
1 – Are in compulsory confinement, in a health establishment, in their home or in another place defined by health authorities:
a) Patients with COVID-19 and those infected with SARS-Cov2;
b) Citizens for whom the health authority or other health professionals have determined active surveillance.
2 – The health authorities communicate to the security forces and services of the place of residence the application of the mandatory containment measures.
Article 3
Civic duty of home collection
1 – Citizens must refrain from circulating in public spaces and roads, as well as in spaces and private roads equivalent to public roads, and remain in their respective homes, except for travel authorized by the present regime.
2 – For the purposes of the preceding paragraph, authorized travel is considered to be those aimed at:
a) Acquisition of goods and services;
b) Displacement for the purpose of performing professional or similar activities;
c) Looking for a job or responding to a job offer;
d) Displacement for health reasons, namely for the purpose of obtaining health care and transporting people to whom such care or blood donation should be administered;
e) Displacement for emergency reception of victims of domestic violence or trafficking in human beings, as well as children and young people at risk, by applying a measure decreed by a judicial authority or the National Commission for the Promotion of the Rights and Protection of Children and Youth, in residential or family home;
f) Travel to assist vulnerable people, people with disabilities, children, parents, the elderly or dependents;
g) Travel for the purposes of enjoying moments in the open air, namely in parks, on the margins, on boardwalks, on the beaches, even if for bathing, or similar;
h) Travel by minors and their companions to attend school establishments and day care centres;
i) Displacement of people with disabilities to attend occupational activity centres;
j) Visits to libraries, archives, museums, monuments, palaces and archaeological or similar sites, as well as to green and open spaces in these cultural facilities;
k) Travel for the purposes of physical activity and individual and outdoor sports, including nautical or fluvial;
l) Travel for the practice of recreational fishing and hunting;
m) Travel for visits to zoos, oceanariums, rivers and the like;
n) Travel to participate in social volunteering actions;
o) Displacement for other imperative family reasons, namely the fulfilment of parental responsibility sharing, as determined by agreement between the holders of the same or by the competent court;
p) Travel for visits, when authorized, or delivery of essential goods to people who are disabled or deprived of their freedom of movement;
q) Travel to participate in procedural acts with the judicial entities or in acts within the competence of notaries, lawyers, solicitors and registration officers;
r) Travel to establishments, offices or services not closed under the scope of this regime;
s) Short trips for the purpose of walking pets and feeding animals;
t) Travel by veterinarians, animal keepers for veterinary medical assistance, colony caregivers recognized by the municipalities, volunteers from zoophilic associations with dependent animals who need to travel to animal shelters and municipal veterinary services for collection and animal assistance;
u) Travel by persons with free transit, issued under legal terms, in the exercise of their respective functions or because of them;
v) Travel by staff of diplomatic, consular missions and international organizations located in Portugal, as long as they are related to the performance of official functions;
w) Travel required to exercise press freedom;
x) Return to personal home;
y) Travel to the frequency of training and tests and exams;
z) Travel to other activities of a similar nature or for other reasons of force majeure or imperative necessity, provided that they are duly justified.
3 – Private vehicles can travel on the public road to carry out the activities mentioned in the previous number or to refuel at gas stations.
4 – For the purposes of this regime, the activity of high-performance athletes or members of national teams and their coaches, as well as sporting companions in adapted sports, is equated with professional activity.
5 – Without prejudice to the provisions of the preceding paragraphs, the recommendations and orders determined by the health authorities and the security forces and services, in particular those concerning the distances to be observed between people, must be respected in all trips made.
6 – It is incumbent upon the security forces and services and the municipal police to monitor compliance with the provisions of this article, by recommending all citizens to comply with the civic duty of home collection, as well as advising on the non-concentration of people on the public road. and the dispersion of concentrations greater than 10 people, unless they belong to the same household or for professional filming, with respect for the rules of physical distance and other health rules, according to guidelines of the health authority.
7 – It is also the responsibility of the parish councils to advise all citizens not to concentrate people on the public road, raising awareness of the civic duty of home collection.

Article 4
Teleworking and work organization
1 – It is mandatory to adopt the teleworking regime, regardless of the employment relationship, whenever the functions in question allow.
2 – In the functions in which it is not possible to comply with the provisions of the previous number, within the limits provided for in the law or in labour regulations applicable to the respective worker, worker turnover schedules, daily or weekly, and at different times, must be established input and output.

Article 5
Closed facilities and establishments
The facilities and establishments referred to in annex I to the present regime and which form an integral part thereof are closed.

Article 6
Suspended activities in the context of retail trade and the provision of services
1 – Activities in retail and service establishments that have a sales or service area of ​​more than 400 m2 are suspended, as well as those in commercial complexes, unless they have an area equal to or greater than 400 m2. bottom and an autonomous and independent entrance from the outside.
2 – Except for the provisions of the previous number:
a) The commercial establishments and service provision activities listed in annex II to the present regime and which is an integral part of it, regardless of the respective area;
b) Books and musical supports trade establishments;
c) Establishments that intend to maintain their activity exclusively for the purpose of home delivery or provision of goods at the establishment’s door or wicket, in which case access to the interior of the establishment by the public is prohibited;
d) Establishments with an area greater than 400 m2, when the respective operation has been authorized by the municipality with territorial jurisdiction and provided that the other rules and requirements provided for in this regime are guaranteed;
e) Establishments that, even though they have an area greater than 400 m2, restrict the sales or service area to an area not exceeding that value.

Article 7
Rules of occupation, permanence and physical distance
1 – In all places where trade and services activities are carried out under the terms of the present regime, whether commercial establishments, wholesale or retail, or large commercial areas, commercial complexes, markets, auctions or establishments providing services, the following rules of occupation, permanence and physical distance must be observed:
a) The allocation of spaces accessible to the public must observe the maximum indicative occupancy rule of 0.05 people per square meter of area, with the exception of service provision establishments;
b) The adoption of measures that ensure a minimum distance of 2 m between people, including those who are actually purchasing the product or receiving the service, being able, if necessary, to determine the non-use of all service stations or service provision;
c) Ensuring that people remain within the establishment only for the time strictly necessary to purchase the goods or services;
d) The prohibition of waiting situations for assistance within service provision establishments, with economic operators having to resort, preferably, to prior booking mechanisms;
e) The definition, whenever possible, of specific entry and exit circuits in establishments, using separate doors;
f) Compliance with other rules defined by the Directorate-General for Health (DGS);
g) Encouraging the adoption of approved codes of conduct for certain sectors of activity or establishments, as long as they do not contravene the provisions of the present regime.
2 – For the purposes of paragraph a) of the previous number:
a) “Area” means the area intended for the public, including areas for collective use or circulation, with the exception of areas reserved for parking vehicles;
b) The maximum limits for maximum occupancy per person do not include employees and service providers who are exercising functions in the spaces in question.
3 – Managers, managers or owners of spaces and establishments must make every effort to:
a) Carry out a balanced management of public accesses, in compliance with the provisions of the previous numbers;
b) Monitor the refusals of public access, in order to avoid, as much as possible, the concentration of people at the entrance of spaces or establishments.

Article 8
Hygiene rules
Retail or service establishments where activities are carried out under the terms of the present regime must observe the following hygiene rules:
a) The provision of the service and the transport of products must be carried out with respect for the necessary hygiene rules defined by the DGS;
b) Economic operators should promote daily and periodic cleaning and disinfection of spaces, equipment, objects and surfaces, with which there is intense contact;
c) Economic operators must promote the cleaning and disinfection, after each use or interaction, of automatic payment terminals (TPA), equipment, objects, surfaces, products and utensils in direct contact with customers;
d) Economic operators should promote the containment, as much as possible, by workers or customers, of touching products or equipment as well as unpackaged articles, which should preferably be handled and dispensed by workers;
e) In retail establishments of clothing and similar, during this phase, access control to the fitting rooms should be promoted, safeguarding, when applicable, the partial inactivation of some of these spaces, in order to guarantee the minimum distances safety, and ensuring the disinfection of the displays, clothing supports and hangers after each use, as well as the availability of skin disinfectant solutions for use by customers;
f) In case of exchanges, returns or used products return, operators should, whenever possible, ensure their cleaning and disinfection before they are again available for sale, unless this is not possible or compromises the quality of the products;
g) Other rules defined in codes of conduct approved for certain sectors of activity or establishments, provided that they do not contravene the provisions of the present regime.

Article 9
Skin disinfectant solutions
Retail or service establishments where activities are carried out under the terms of the present regime must seek to ensure the availability of skin disinfectant solutions, for workers and customers, with all entrances and exits of establishments, as well as in their interior, in suitable locations for disinfection according to the organization of each space.

Article 10
Opening hours
1 – The opening hours of retail stores or services can be adjusted, in order to guarantee a delay in the opening or closing time, on their own initiative, by concerted decision, by decision of space managers. where the establishments or the member of the Government responsible for the economy are located, without prejudice to the provisions of the following paragraph.
2 – The establishments that resumed their activity under the Resolution of the Council of Ministers no. 33-A / 2020 , of April 30, as well as those that resume their activity after the entry into force of the present regime, do not in any case, they can open before 10:00 am.
3 – Establishments whose usual opening hours are altered by the effect of the previous number may postpone the closing hours for an equivalent period.
4 – The provisions of paragraphs 2 and 3 are not applicable to establishments whose activity falls under paragraphs 44 and 51 of annex II to the present regime.
5 – Retail or service establishments may close at certain times of the day to ensure cleaning and disinfection operations for employees, products or space.
6 – The opening hours of retail establishments or the provision of services may be limited or modified by order of the Government member responsible for the economy, during the period of validity of the present regime.

Article 11
Priority service
Retail or service establishments that maintain their activity in terms of the preceding articles must give priority to health professionals, elements of the security, protection and rescue forces and services, personnel of the armed forces and provision of social support services.

Article 12
Duty to provide information
Retail or service establishments where activities are carried out under the terms of the present regime must clearly and visibly inform customers about the new rules for maximum occupancy, operation, access, priority, service, hygiene, safety and other relevant ones applicable to each establishment.

Article 13
Events
1 – Celebrations and other events that involve more than 10 people are not allowed.
2 – In duly justified situations, the members of the Government responsible for the areas of internal administration and health may, jointly, authorize the holding of celebrations or events, defining the respective terms.

Article 14
Funerals
1 – The holding of funerals is subject to the adoption of organizational measures that guarantee the absence of clusters of people and the control of safety distances, namely the establishment of a maximum attendance limit, to be determined by the local authority that exercises management powers of the respective cemetery.
2 – The limit fixed under the terms of the previous number cannot result in the impossibility of being present at the funeral of a spouse or de facto partner, ascendants, descendants, relatives or the like.

Article 15
Restoration and the like
1 – The operation of catering establishments and the like is permitted provided that:
a) Observe the instructions specifically prepared for this purpose by the DGS, as well as the rules and instructions provided for in the present regime;
b) Occupancy, within the establishment, does not exceed 50% of the respective capacity, as defined in article 133 of the annex to Decree-Law no. 10/2015, of 16 January, in its current wording;
c) From 23:00 h public access is excluded for new admissions;
d) Make use of prior booking mechanisms in order to avoid situations of waiting for service in the establishments, as well as in the outer space.
 
2 – Occupation or service on terraces is permitted, provided that the DGS guidelines for the restaurant sector are respected, with the necessary adaptations.
3 – Catering establishments and the like that intend to maintain their respective activity, wholly or partially, for the purpose of cooking intended for consumption outside the establishment or delivering at home, directly or through an intermediary, are exempted from a license for cooking intended for consumption outside establishment or home delivery and may determine to their workers, provided that with their consent, participation in the respective activities, even if they are not part of the object of the respective employment contracts.

Article 16
Renting of passenger vehicles without driver
Renting a car without a driver (rent-a-car) is permitted in the following circumstances:
a) For movements exceptionally authorized under the present regime;
b) For the exercise of retail trade or service provision activities authorized under the present regime;
c) To provide assistance to damaged and immobilized or damaged drivers and vehicles;
d) When vehicles are destined to provide essential public services or are contracted under the legal regime of the State vehicle fleet, provided for in Decree-Law No. 170/2008, of 26 August, in its current wording.

Article 17
Retail sale in wholesalers
1 – Until May 31, 2020, holders of the operation of wholesale food distribution establishments are allowed to sell their products directly to the public, cumulatively engaging in retail trade.
2 – Goods intended for retail sale must display the respective selling price to the public and be made available for purchase in unit form.
3 – The holders of the operation of wholesale food distribution establishments in which retail sales are carried out must adopt, if necessary, measures to ensure that the quantities available to each consumer are adequate and dissuasive of hoarding situations.
4 – Holders of the operation of wholesale food distribution establishments wishing to engage in retail trade activities under the terms of the previous number are obliged to comply with the rules of occupation, permanence and physical and hygiene distance, relating to protective equipment individual and skin disinfectant solutions, opening hours, priority service, complaints book in physical format and the duty to provide information, provided for in this regime.

Article 18
Fairs and markets
1 – For each fair or market, there must be a contingency plan for COVID-19, prepared by the competent local authority or approved by it, in the case of fairs and markets under the exploitation of private entities.
2 – The contingency plan must be made available on the municipality’s website.
3 – The reopening of fairs and markets must be preceded by actions to raise the awareness of all marketers and traders, regarding the implementation of the contingency plan and other prevention measures and hygiene practices.
4 – The said contingency plan must, with the necessary adaptations, respect the rules in force for retail trade establishments regarding occupation, permanence and physical distance, as well as the DGS guidelines, providing for a set of prevention and control procedures. Infection control, namely:
a) Operational procedure on the actions to be taken in case of illness, symptoms or contact with a confirmed case of COVID-19 disease;
b) Implementation of the mandatory use of a mask or visor by marketers and merchants and customers;
c) Measures of adequate physical distance between places of sale, when possible;
d) Hygiene measures, namely the mandatory compliance with hand hygiene and respiratory label measures, as well as the mandatory availability of skin disinfectant solutions, at the entrances and exits of fairs and markets, in the sanitary facilities, when existing, as well as the respective availability by marketers and traders, when possible;
e) Relative access and circulation measures, namely:
i) The management of access to the fairgrounds and markets, in order to avoid excessive concentration, either inside or at the entrance;
ii) The rules applicable to the exhibition of goods, preferably and whenever possible, upon the requirement of making them available by marketers and traders;
iii) Disinfection procedures for vehicles and goods, adjusted to the type of products and the organization of circulation;
f) Plan for cleaning and sanitizing fairgrounds and markets;
g) Protocol for the treatment of waste, particularly with regard to personal protective equipment.
5 – The resumption of activity, in fairs and markets, of providing non-sedentary catering and drinks services or of other service providers accompanies the phased reopening of the corresponding activities carried out in a commercial establishment.
6 – Without prejudice to the powers of the other authorities, the municipal supervisory authorities, the municipal police and the entities responsible for the management of the fairgrounds and markets, as the case may be, may contribute to the monitoring of compliance with the procedures contained in the contingency plans. .

Article 19
Campsites and caravan sites and motorhome service areas
1 – In the current context of the disease COVID-19, the operators of campsites and caravan sites ensure that the maximum camping capacity is 2/3 of the area legally fixed for campsites and caravan sites.
2 – The operators of motorhome service areas ensure a maximum capacity of 2/3 of its total capacity.

Article 20
Public services
1 – Public services maintain face-to-face service by appointment.
2 – Citizen Stores remain closed, without prejudice to being able to accept appointments for face-to-face service to be held after June 1, 2020, maintaining face-to-face service by appointment at Citizen Shops only in locations where there are no decentralized counters, as well as the provision of these services through digital media and contact centres with citizens and businesses.
3 – For the services covered by this article, the provisions of articles 8 and 11 apply.

Article 21
Museums, monuments, palaces, archaeological sites and the like
1 – The operation of museums, monuments, palaces, archaeological sites and the like is permitted 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 m2 and a minimum distance of 2 m for anyone other than their cohabitant;
c) Ensure, whenever possible:
i) The creation of a unique sense of visit;
ii) Limiting access to visits to small spaces;
iii) Eliminating or, if not possible, reducing the crossing of visitors in strangulation areas;
d) Minimize the areas of concentration of visitors with interactive equipment, and should preferably disable the equipment that needs or invites the interaction of visitors;
e) In the case of group visits, use, preferably, prior booking mechanisms, in order to avoid waiting situations to enter the cultural equipment, as well as in the outer space;
f) Barriers are placed in the ticket office and public service areas;
g) Give priority to carrying out transactions by TPA.
2 – The admission of visitors must be made freely or by a group of people, depending on the area of ​​said cultural equipment, and the maximum indicative occupation rule of 0.05 people per square meter of area must be ensured.
3 – The occupation or service on terraces of cultural facilities is permitted, provided that the DGS guidelines for the catering sector are respected, with the necessary adaptations.
4 – In the areas of consumption of catering and beverages for cultural facilities, the guidelines defined by the DGS for the catering sector must be respected.

Article 22
Physical and sports activity
1 – The practice of physical and sporting activities in a non-competitive context and outdoors can be performed, provided the following conditions are ensured:
a) Respect of a minimum distance of 2 m between citizens, for activities that take place side by side, or of 4 m, for activities in line;
b) Prevention of sharing materials and equipment, including sessions with personal trainers;
c) Prevention of access to the use of changing rooms;
d) Compliance with a manual of procedures for the protection of practitioners and employees.
2 – Except for the fulfilment of subparagraphs a), b) and c) of the previous number, professional or high-performance sportsmen or who are part of national teams, as long as the respective competitions still take place.
3 – The exercise of physical and sporting activity is allowed for up to five practitioners under the supervision of a coach, or the practice of recreational physical and sporting activity for up to two practitioners.
4 – Except for the limits established in the previous number, professional or high-performance sportsmen or who are part of national teams.
5 – Sports facilities in operation for the purposes of the preceding paragraphs are governed by the provisions of article 8, with the necessary adaptations.

Article 23
Visits to users of residential structures
1 – Visits to users of residential structures for the elderly, integrated continuous care units of the National Network of Integrated Continuous Care and other responses dedicated to the elderly, as well as to children, young people and people with disabilities are allowed, provided the rules are observed defined by the DGS.
2 – Upon assessment of the specific epidemiological situation, it may be determined by the DGS, in conjunction with the local health authority and in coordination with the Government member responsible for the health area, to suspend visits to the institution for a limited time.
Article 24
Maritime activity
1 – The teaching of recreational boating is resumed, provided that the following conditions are ensured:
a) Respect for the minimum distance of 2 m between citizens;
b) Definition, by the training entities, of the individual and collective protection rules to be observed by the trainees and employees during the theoretical and practical training on board of vessels, without prejudice to the rules that may be determined by the maritime administration.
2 – Without prejudice to the observance of the protection rules referred to in subparagraph b) of the preceding paragraph, in carrying out the examinations for obtaining or renewing the recreational navigator letter, the maximum indicative occupation rule of 0.05 persons must be respected. per square meter of area in the allocation of spaces accessible to candidates for the theoretical exam, the examining jury president being responsible for determining the maximum number of examinees and examiners that can be transported simultaneously in the vessels to be used in the practical exams, as well as the positioning of each person on board the vessel.
3 – It is also resumed the performance of exams in the scope of the certification of seafarers, applying the provisions of the previous numbers.
4 – Installations in operation for the purposes of the preceding paragraphs are governed by the provisions of article 8, with the necessary adaptations.
5 – Inspections and certification of ships and vessels for commercial, fishing and recreational activities are resumed, and the specific conditions for individual protection of the interveners and other conditions for carrying out the inspections must be defined by the maritime administration.

ANNEX I
(Referred to in Article 5)
1 – Recreational, leisure and fun activities:
Dance or party halls;
Circuses;
Amusement parks and recreational parks for children and the like;
Water parks, without prejudice to workers access for the purpose of caring for animals;
Any indoor spaces for leisure sports;
Other places or facilities similar to the previous ones.
2 – Cultural and artistic activities:
Auditoriums, cinemas, theatres and concert halls;
National, regional and municipal caves, public or private, without prejudice to workers’ access for conservation purposes;
Bullfighting squares, places and installations;
All events of a cultural nature held in indoor and outdoor venues.
3 – Sports activities, except those intended for the activity of professional sports practitioners, of high performance or who are part of national teams, in the context of training:
Pavilions or enclosures;

• Indoor futsal, basketball, handball, volleyball, roller hockey and similar pavilions;
• Closed firing ranges;
• Tennis courts, padel courts and the like;
• Closed skating rinks, ice hockey and the like;
• Indoor or outdoor pools;
• Boxing rings, martial arts and the like;
• Permanent closed circuits for motorcycles, automobiles and the like;
• Closed velodromes;
• Racecourses and similar tracks closed;
• Multisport pavilions;
• Gymnasiums and gyms;
• Athletics tracks closed.

 
4 – Activities in open spaces, spaces and public roads, or spaces and private roads similar to public roads:
Cycling, motorcycling, motoring and similar closed routes, except those destined for the activity of professional sportsmen, of high performance or that integrate national teams, in the context of training;

• Nautical events and exhibitions;
• Aeronautical tests and exhibitions;
• Parades and popular parties or folkloric or other manifestations of any nature.

 
5 – Gaming and betting spaces:

• Casinos;
• Gambling establishments such as bingo or similar;
• Game rooms and recreational rooms.

 
6 – Beverage establishments:

• Beverages and similar establishments, with or without dance spaces;
• Areas of consumption of food and beverages (food-courts) of commercial complexes;
• Hotel bars, with the exceptions of the present regime.

 
7 – Spa and spas or similar establishments, as well as solariums, tattoo services and the like, namely implantation of piercings.
8 – Language schools and tutoring centres, except for the former, for the purpose of conducting tests, in strict compliance with the physical distance recommended by the health authority.

ANNEX II
[Referred to in Article 6 (2) (a) and Article 10 (4)]
1 – Mini-mercados, supermarkets, hypermarkets;
2 – Fruit shops, butchers, fishmongers, bakeries;
3 – Markets and fairs, under the terms provided for in the present regime;
4 – Food production and distribution;
5 – Auctions;
6 – Catering and drinks, under the terms of the present regime;
7 – Preparation of meals ready to take home, under the terms of the present regime;
8 – Medical services or other health and social support services;
9 – Pharmacies and places of sale of medicines not subject to medical prescription;
10 – Medical and orthopaedic products establishments;
11 – Opticians;
12 – Cosmetic and hygiene products establishments;
13 – Establishments of natural and dietary products;
14 – Essential public services and respective repair and maintenance (water, electricity, natural gas and piped liquefied petroleum gases, electronic communications, postal services, wastewater collection and treatment services, wastewater collection and treatment services, wastewater services management of urban solid waste and urban hygiene and passenger transport services);
15 – Services authorized for the supply of water, the collection and treatment of waste water and / or waste generated within the scope of the activities or in the establishments referred to in this annex;
16 – Stationery and tobacconists (newspapers, tobacco);
17 – Social games;
18 – Veterinary medical care centres;
19 – Establishments selling pet animals and food and feed;
20 – Establishments selling flowers, plants, seeds and fertilizers and chemical and biological phytosanitary products;
21 – Textile and fur washing and dry-cleaning establishments;
22 – Drugstores;
23 – Hardware stores and stores selling DIY material;
24 – Fuel filling stations and charging stations for electric vehicles;
25 – Fuel sales establishments for domestic use;
26 – Shops, maintenance and repair of bicycles, motor vehicles and motorcycles, tractors and agricultural machinery, ships and boats, as well as the sale of parts and accessories and towing services;
27 – Sales and repair shops for household appliances, computer and communications equipment;
28 – Banking, financial and insurance services;
29 – Funeral and related activities;
30 – Home maintenance and repair services;
31 – Security or home surveillance services;
32 – Cleaning, disinfection, rat removal and similar activities;
33 – Home delivery services;
34 – Tourist establishments and local accommodation;
35 – Services that guarantee student accommodation;
36 – Vending machines;
37 – Activity by itinerant salespeople;
38 – Activity of renting goods vehicles without a driver (rent-a-cargo);
39 – Activity of renting passenger vehicles without a driver (rent-a-car), under the terms provided for in article 16;
40 – Provision of services for the execution or improvement of the Fuel Management Band Networks;
41 – Establishments selling irrigation material and equipment, as well as products related to winemaking, as well as material for accommodating fruits and vegetables;
42 – Establishments selling plant protection products and biocides;
43 – Establishments for the sale of veterinary medicines;
44 – Hairdressing salons, barbers and beauty institutes, by appointment;
45 – Shops for bicycles, motor vehicles and motorcycles, tractors and agricultural machinery, ships and boats;
46 – Establishments providing real estate services;
47 – Retail establishments for books and musical supports;
48 – Canteens or cafeterias that are in regular operation;
49 – Other collective catering units whose catering services are provided under a contract of continuous execution;
50 – Retail and service provision establishments located along the motorway network, inside airports, railway and port stations and in hospitals;
51 – Restaurants and similar establishments, coffee shops, tea houses and the like, regardless of the respective area or location, under the terms provided for in the present regime;
52 – Motorhome service areas.