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Amendments to exceptional and temporary measures concerning the COVID-19 pandemic

Legal Alert no. 136

On December 4 of 2020, it was published the Presidential Decree no. 61-A/2020, which renewed the declaration of the state of emergency between December 9 and December 23, 2020, based on the current public calamity situation.
The Decree of the Council of Ministers no. 11/2020, dated from December 6, 2020, rules the implementation of the state of emergency decreed by the President of the Republic.

Further to maintain in force the already known measures regarding the mandatory confinement, use of mask, rules of occupation and opening and closing times of commercial establishments and limitations of movement within the municipalities of mainland Portugal, the said legal act also foresees the special measures to be applicable during Christmas and New Year’s holiday period in case the state of emergency is renewed from December 24 of 2020.
Therefore, during the Christmas’ period:

- The duty to stay at home in municipalities with high, very high and extremely high risk of transmission of COVID-19 shall not be in force out of the period between 11 p.m. and 5 a.m. of December 23 to December 26, 2020;
- The prohibition of circulation on the public road in municipalities with high, very high and extremely high risk of transmission of COVID-19 shall not be applicable on December 23, 2020, in the period after 11 p.m. and until 05.00 a.m., for people who are traveling; nor shall it be applicable on December 24 and 25, 2020 between 11 p.m. and 2 a.m. of the following day; the prohibition of circulation resumes on December 26 at 11 p.m. in municipalities with very high and extremely high risk of transmission of COVID-19;
- Restaurants may be open on December 24 and 25, 2020 until 1 a.m.; on December 26, 2020, restaurants located at very high and extremely high risk of transmission of COVID-19 must terminate at 3.30 p.m. the services of meals at the restaurant.
During the New Year’s period:

- Travel between municipalities is prohibited between midnight of December 31, 2020 and 5 a.m. of January 4, 2021;

- The prohibition of circulation on the public road in municipalities with high, very high and extremely high risk of transmission of COVID-19 shall not be applicable between 5 a.m. of December 31, 2020 and 2 a.m. of January 1, 2021;


- The duty to stay at home in municipalities with high, very high and extremely high risk of transmission of COVID-19 shall not be in force between 5 a.m. of December 31,2020 and 2 a.m. of January 1 of 2021;

- Restaurants may be opened on December 31, 2020 until 1 a.m.; on January 1, 2021, restaurants located at very high and extremely high risk of transmission of COVID-19 must terminate at 3.30 p.m. the services of meals at the restaurant.;

- Non-religious public celebrations or events with public access are forbidden.
The present decree shall enter in force at midnight of December 9, 2020 and shall remain in force until 11.59 p.m. of December 23, 2020.

To access the full text of Decree No. 11/2020, of 6 December, please click here.
 

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