COVID-19 update (Madeira)…..The execution of the declaration of state of emergency (in English)

Decree No. 2-A / 2020 of 20 March 2020

The execution of the declaration of state of emergency made by the Decree of the President of the Republic no. 14-A / 2020, of 18 March.

Article 1

Object

This decree implements the declaration of state of emergency by decree of the President of the Republic No. 14-A/2020 of 18 March.

Article 2

Territorial applicability

This decree is applicable throughout the entire national territory.

Article 3

Mandatory confinement

1 – The following categories are subject to mandatory confinement in a health facility or in their respective residences:

(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 violation of mandatory confinement, in the instances provided for in the preceding paragraph, constitutes a crime of disobedience.

Article 4

Special duty of care

1 – The following categories are subject to special duty of care:

a) Those over 70 years of age;

(b) immunosuppressed persons and patients with chronic disease who, in accordance with the guidelines of the health authority, should be considered at risk, in particular hypertensive, diabetic, cardiovascular patients, patients with chronic respiratory disease and cancer patients.

2 – Citizens covered by the preceding paragraph may only circulate in public spaces and roads, or in private spaces and roads equivalent to public roads, for any of the following purposes:

(a) purchase of goods and services;

(b) travel for health reasons, in particular for the purpose of obtaining health care;

(c) travel to post offices, banks and insurance brokers or insurance companies;

d) short-term journeys for the purpose of physical activity, collective physical activity is prohibited;

(e) short-term journeys for the purpose of walking pets;

(f) other activities of a similar nature or for other reasons of force majeure or imperative necessity, provided these are duly justified.

3 – Except in a situation of medical leave, citizens covered by point (b) of paragraph 1 may also travel to the exercise of professional activity.

4 – The restriction provided for in paragraph 2 does not apply to:

(a) health professionals and civil protection agents;

(b) holders of political offices, magistrates and leaders of the social partners.

Article 5

General duty of home seclusion

1 – Citizens not covered by the provisions of the preceding articles may only circulate in public spaces and roads, or in private spaces and roads equivalent to public roads, for any of the following purposes:

(a) purchase of goods and services;

(b) travel for the purposes of performing professional or similar activities;

(c) job seeking or responding to a job offer;

(d) travel for health reasons, in particular for the purpose of obtaining health care and transporting persons to whom such care or blood donation is to be administered;

(e) travel for emergency care for victims of domestic violence or human trafficking, as well as children and young people at risk, by applying a measure ordered by a judicial authority or child and youth protection commission in a residential or family home;

(f) travel to assist vulnerable persons, persons with disabilities, children, parents, the elderly or dependents;

(g) travel to monitor minors:

(i) short-term journeys for the purposes of enjoying outdoor moments;

(ii) for attendance of school establishments under point 1 of article 10 of Decree-Law No 10-A/2020 of 13 March;

(h) short-term trips for the purpose of physical activity, collective physical activity is prohibited;

i) Travel to participate in social volunteering actions;

(j) travel for other imperative family reasons, such as compliance with the sharing of parental responsibilities, as determined by agreement between its holders or by the competent court;

(k) travel to visit, when authorised, or delivery of essential goods to disabled persons or those deprived of freedom of movement;

(l) participation in procedural acts with judicial authorities;

(m) travel to post offices, banks and insurance brokers or insurance companies;

(n) short-term journeys for the purpose of walking pets and feeding animals;

(o) travel by veterinarians, animal keepers for veterinary medical assistance, caregivers from colonies recognized by the municipalities, volunteers from zoophilic associations with dependent animals who need to travel to animal shelters and animal rescue teams;

(p) travel by holders of free transit passes, issued legally, to perform their duties or because of their duties;

(q) travel by staff of diplomatic, consular and international organisations located in Portugal, provided they are performing official functions;

(r) travel required to exercise the freedom of press;

s) Return to personal residence;

(t) other activities of a similar nature or for other reasons of force majeure or imperative necessity, provided these are duly justified.

2 – Private vehicles may circulate on public roads to carry out the activities mentioned in the preceding paragraph or for refuelling at gas stations.

3 – For the purposes of this Decree, the activity of high-performance athletes and their coaches, as well as support staff for disabled athletes, is treated as professional activity.

4 – 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 relating to social distancing are to be observed.

Article 6

Teleworking

The adoption of teleworking scheme, irrespective of employment, is mandatory whenever the respective tasks allow it.

Article 9

Suspension of activities in the area services provision

1 – Service provision activities in establishments open to the public are suspended, with the exception of those providing basic services or other services considered essential in the current situation, which are listed in Annex II to this Decree.

2 – Catering establishments and similar can maintain their respective activity, if their owners so decide, for the exclusive purpose of cooking intended for consumption outside the establishment or home delivery, directly or through an intermediary.

3 – For the purposes of the preceding paragraph, catering establishments and the like are exempted from a license for cooking intended for consumption outside the establishment or home delivery and may allocate their employees to participate in the respective activities, even if these are not stipulated in their respective employment contracts.

4 – The provisions of paragraph 1 do not apply to restaurant services provided:

a) In canteens or cafeterias that are operating normally;

b) In other collective catering units whose catering services are provided under a contract of permanent execution.

Article 17

Religious and cult events

1 – Holding religious celebrations and other worship events that involve an agglomeration of people are prohibited.

2 – Holding funerals is conditional on the adoption of organisational measures to ensure there are no clusters of persons and compliance with social distancing, in particular by setting an attendance limit, to be determined by the local municipality of the cemetery.

Article 18

Individual Protection

All activities that remain in operation or operation must comply with the recommendations of the health authorities, in particular with regard to hygiene and distances to be observed between persons.

Article 33

General duty of cooperation

During the period of duration of the state of emergency, citizens and other entities have the duty of collaboration, namely to comply with orders or instructions of the bodies and agents responsible for safety, civil protection and public health in the prompt fulfilment of requests, which are justifiably made to them by the competent authorities for the implementation of the measures of this decree.

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