Legal Update Covid-19

Legal Update
Covid-19
2 APRIL 2020

Legal Update Covid-19
2 APRIL 2020 Legal Update Covid-19
2 APRIL 2020

3
Mandatory closure
of establishments or facilities
and activities considered
essential
Decree no. 2-B / 2020, of April 2 regulated the extension
of the state of emergency decreed by the President of
the Republic, renewing and establishing new rules applicable
to the operation, closure or suspension of certain
types of facilities, establishments and activities,
including those that, due to their essentiality, should
remain in operation.
A. Mandatory closure
The closure of the following establishments
and facilities was determined:
1. Recreational, leisure and fun activities
Nightclubs, bars and dance or party
halls;
Circuses;
Amusement parks and recreational
parks for children and similar;
Water parks and zoos, without prejudice
to workers’ access for the purposes
of animal care;
Any places for leisure sports;
Other locations or facilities similar
to the previous ones.
2. Cultural and artistic activities
Auditoriums, cinemas, theaters and
concert halls;
Museums, monuments, palaces
and archaeological or similar sites
(interpretive centers, caves, etc.),
national, regional and municipal,
public or private, without prejudice
to workers’ access for conservation
and security purposes;
Libraries and archives;
Bullfighting squares, places and facilities;
Art galleries and exhibition halls;
Congress pavilions, multipurpose
rooms, conference rooms and multipurpose
pavilions.
3. Sports activities, except for the
ones dedicated high-performance
athletes
Football, rugby and similar fields;
Pavilions or enclosures;
Futsal, basketball, handball, volleyball,
roller hockey and similar pavilions;

4
Legal Update Covid-19
2 APRIL 2020
Firing ranges;
Tennis courts, padel courts and
similar;
Skating rinks, ice hockey and similar
Pools;
Boxing rings, martial arts and similar;
Permanent circuits for motorcycles,
automobiles and similar;
Velodromes;
Racecourses and similar tracks;
Multisport pavilions;
Gymnasiums and academies;
Athletics tracks;
Stadiums;
Golf courses.
4. Activities in open spaces, public
routes, or private routes
equipped to public routes
Cycling, motorcycling, motoring
and similar routes, except those intended
for the activity of high-performance
athletes;
Nautical events and exhibitions;
Aeronautical tests and exhibitions;
Parades and popular parties or folkloric
or other manifestations of any
nature.
5. Game and betting spaces
Casinos;
Gambling establishments, such as
bingos or similar;
Game rooms and recreational
rooms.
6. Restoration activities
Restaurants and similar, coffee
shops, tea houses and similar, with
the exceptions listed below;
Bars and the like;
Hotel bars and restaurants, except
for the latter for the purpose of delivering
meals to guests;
Terraces;
Vending machines.
7. Spa and spas or related establishments
Note that:
Upon order, the member of the
Government responsible for economics
may permit the opening
of some of the facilities or establishments
mentioned above.
Mandatory closure is not applicable
to wholesale establishments
or 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 public access to the
interior of the store is prohibited.
Catering establishments and similar
may maintain their respective
activity, if their holders so decide,
for the exclusive purpose of cooking
intended for consumption
outside the establishment or delivery
at home, directly or through
an intermediary, being exempted
from obtaining any license and

eing able to determine their
workers to participate in the respective
activities, despite not
being part of the object of the respective
employment contracts.
B. Suspensions
or authorizations
in special cases:
activities considered
essential
Retail trade activities and the provision
of services in establishments
open to the public are suspended,
with the exception of those which
provide goods or essential services,
namely:
1. Mini-markets, supermarkets, hypermarkets;
2. Fruit shops, butchers, fish markets,
bakeries;
3. Markets, if selling food products;
4. Agri-food production and distribution;
5. Auctions;
6. Catering and drinks;
7. Preparation of meals ready to
take home;
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 orthopedic product
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, waste
water collection and treatment
service, waste 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 activities or in establishments
that remain open;
16. Newsagents and tobacconists
(newspapers, tobacco);
17. Social games;
18. Veterinary clinics;
19. Establishments for the sale of
pet animals and its food;
20. Establishments selling flowers,
plants, seeds and fertilizers;
21. Textile and fur washing and dry
cleaning establishments;
22. Drugstores;
23. Hardware stores and establishments
for the sale of diy material;
5

6
Legal Update Covid-19
2 APRIL 2020
24. Fuel filling stations;
25. Establishments of sale of fuels
for domestic use;
26. Establishments for the maintenance
and repair of motor vehicles
and motorcycles, tractors
and agricultural machinery, as
well as the sale of parts and accessories
and towing services;
27. Establishments for the sale and repair
of home appliances, computer
and communications equipment
and the respective repair;
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, except
campsites, where they can provide
food and drink services on
the establishment itself exclusively
for the respective guests;
35. Services that guarantee student
accommodation.
36. Vending machines in companies,
establishments or any institutions
in which those machines
represent the only means of access
to food products;
37. Activity by itinerant sellers, for
the provision of essential goods
or other goods considered essential
in the current situation,
in the locations where this activity
is necessary to guarantee
access to essential goods to the
population.
38. The hire of goods vehicles without
a driver (rent-a-cargo);
39. The hire of passenger vehicles
without a driver (rent-a-car), for
trips that are exceptionally authorized,
namely, for the purchase
of essential goods or services,
namely medicines and for
health reasons or to assist others;
for the exercise of activities
or authorized service provision;
to provide assistance to damaged
or immobilized drivers and
vehicles;
40. Activities and establishments
listed in the above numbers,
even if integrated into shopping
centers.
41. Provision of services for the execution
or improvement of Fuel
Management Band Networks.
42. Establishments selling irrigation
material and equipment, as well
as products related to winemaking,
as well as accommodation
material for fruits and vegetables;
43. Establishments for the sale of
plant protection products and
biocides;
44. Establishments selling veterinary
medicines.

Note that:
In addition to those listed above,
the member of the Government
responsible for economics may
allow or impose the operation of
other activities of retail trade or
provision of services, including catering,
as well as wholesale trade
establishments, which may prove
to be essential as the present situation
evolves. On the other hand,
it may also limit or suspend the
operation of the retail trade or
service provision activities listed
above;
Retail trade and service activities
located along the motorway network,
inside airports and in hospitals,
are not suspended;
Small retail establishments and
those that provide proximity services
may, exceptionally, apply to
the municipal civil protection authority
for authorization to operate,
upon reasoned request;
The activities catering services
are not suspended when practised
in (a) canteens or cafeterias
that are in regular operation, and
(b) in other collective catering
units whose catering services are
provided under a contract of continuous
performance;
E-commerce activities and service
provision activities that are provided
remotely without contact
with the public, or that develop
their activity through an electronic
platform, are not suspended.
The aforementioned retail or service
establishments that maintain
their activity shall adopt, in
their physical establishments,
measures ensuring a minimum
distance of two metres between
persons, the permanence for the
time strictly necessary for the
purchase of products and the prohibition
of consumption of products
inside, without prejudice to
respect for other rules of access
and allocation;
The aforementioned retail or service
provision establishments
that maintain their respective activity
must attend, with priority,
those over 70 to and other people
subject to a special duty of protection,
as well as health professionals,
security, protection and
rescue forces personnel, armed
forces personnel and social services
personnel.
7

8
2 APRIL 2020
Legal Update Covid-19