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  Legal News - Private Clients  
  FLASHNEWS #03  
  FEBRUARY 2021  

clientes privados newsletter cover Prancheta 1 pb


 

PORTUGAL – TRAVEL LIMITATIONS

 
     
  Dear Visitante,

EXTENSION OF MEASURES APPLICABLE TO AIR TRAFFIC TO AND FROM PORTUGAL

Following the renewal of the State of Emergency through the Decree of the President of the Republic No. 9-A/2021 of 28 January, it was necessary to ensure the extension of air traffic measures in view of the current epidemiological context.

For this reason, on January 29, 2021, Order No. 1242-E/2021 was published, providing guidelines for air traffic:


a) To maintain the authorization of flights to and from Portugal to and from the EU, Schengen area (Liechtenstein, Norway, Iceland, and Switzerland):

  • Passengers of flights from European Union countries, and from countries associated with the Schengen Area that have an incidence rate equal to or higher than 500 cases per 100,000 habitants in the last 14 days (Czech Republic; Slovakia; Slovenia; Spain; Estonia; Ireland; Lithuania; and Latvia), may only board upon presentation OF proof of test to VOCID -19, with a negative result, carried out in the last 72 hours before boarding and must comply, after entry into Portugal, a period of prophylactic isolation of 14 days, at home or at a place indicated by the health authorities.
  • The obligation of prophylactic isolation is excepted for passengers who travel on essential trips and whose period of stay in national territory, attested by a return ticket, does not exceed 48 hours.
  • Passengers of flights from European Union countries, and from countries associated with the Schengen Area, with an incidence rate between 150 and 500 cases per 100,000 habitants in the last 14 days, (Germany; Austria; Belgium; Cyprus; Croatia; Denmark; France; Hungary; Italy; Luxembourg; Malta; Netherlands; Poland; Romania; Sweden; and Switzerland), are recommended to only make essential trips and to board by presenting the proof of test to the COVID -19, with a negative result, made in the last 72 hours before boarding.


b)
To authorize flights from countries with a positive epidemiological assessment: Australia, China, South Korea, New Zealand, Rwanda, Singapore, Thailand, Hong Kong, and Macao.


c)
To authorize flights to support the return to Portugal of nationals or holders of residence permits in Portugal, as well as humanitarian flights if recognized by the competent services in the field of foreign affairs and by the competent authorities in the field of civil aviation.


d)
To authorize the return flights to the respective countries of foreign citizens who are in Portugal, provided that such flights are promoted by the competent authorities of those countries.


e)
To authorize flights to or from Portugal to or from non-EU and non-Schengen countries, solely to allow crucial journeys, namely, to allow the entry into or exit from Portugal of:

  • EU nationals; nationals of Schengen associated countries and their family members; and third-country citizens legally residents in an EU country; 
  • Third-country nationals travelling for work, study, family reunion, health, or humanitarian reasons.


In order to enter Portugal, passengers of such flights must present proof of a COVID-19 test at the time of departure, with a negative result, carried out in the last 72 hours before boarding, with exception of children who have not completed 24 months of age.

Consequences of not presenting the proof of COVID-19 test with the negative result:

Citizens who do not have proof of the COVID-19 test:

  • Shall mandatorily take the test on arrival at the national territory, at their own expense, in a proper place inside the airport; and
  • Commit an administrative offense sanctioned with a fine of 300 to 800 euros.


>
Foreign citizens not resident in Portugal who boards without proof of the COVID-19 test, must be refused entry into Portugal, and the company is subjected to an n misdemeanor proceeding.

These measures take effect from 00:00 am on January 31, 2021, and until 11:59 pm on February 14, 2021.


TRAVELS TO OUTSIDE CONTINENTAL TERRITORY

Decree no. 3-D/2021 of 29 January, which regulates the state of emergency decreed by the President of the Republic, has prohibited Portuguese citizens from travelling outside the mainland by any means, including road, rail, air, river, or sea, except for strictly essential journeys, such as:

  • For the performance of professional activities or similar, in the scope of activities with an international dimension, duly documented;
  • Leaving the continental territory by Portuguese citizens residing in other countries;
  • For the purpose of a family reunion of spouses and relatives up to the 1st degree in the straight line;
  • Travel made by aircraft, vessels, or vehicles of the State or Military Forces;
  • Transportation of cargo and mail;
  • Travel for humanitarian or medical emergency purposes, as well as for the purpose of access to healthcare facilities, under bilateral health care agreements;
  • Technical stops for non-commercial purposes;
  • Travel for international transport of goods, transport of cross-border workers and seasonal workers with documentary proof of employment, the travel of emergency and rescue vehicles and emergency services;
  • Travel of holders of positions in local authorities in the exercise of their functions; and
  • Travels to the Autonomous Regions of the Azores and Madeira.


The travels initiated prior to the entry into force of these measures will not be affected, nor will travel to another country and stopover in the continental territory if it does not require leaving the airport.


RESETTING OF CONTROLS OF PERSONS AT LAND AND RIVER BORDERS

Until the next 14th of February, according to Decree no 3-D/2021, it is in force in Portugal the resetting of the control of people at land and fluvial borders.

Thus, circulation between Portugal and Spain, at authorized crossing points, is limited to the international transportation of goods, of cross-border workers and seasonal workers duly documented, and of emergency and rescue vehicles and emergency service.
Cross-border rail traffic is also suspended, except for transport of goods, as well as river transport between Portugal and Spain.

These limitations do not prevent:

  • The entry in Portugal of national citizens and holders of residence permits in Portugal;
  • The departure of citizens residents in other countries; and
  • That non-resident foreign nationals move between Portugal and Spain for strictly exceptional reasons as defined in point 6 above.


 
     
  TEAM  
     
 
cm  
 
Carla Matos
Partner of the Private Clients Department
cm@cca.law
 
 
 



 
Ana Paula Ferreira FC  
Ana Paula Ferreira
Managing Associate of the Private Clients Department
apf@cca.law
 
 
 


 
Joana Assuncao FC  
Joana Assunção
Associate of the Private Clients Department
ja@cca.law
 
 
 


 
Mariana Saude FC NET copy  
Mariana Saúde
Associate of the Private Clients Department
mmbs@cca.law