Proposal for a COUNCIL IMPLEMENTING DECISION amending Implementing Decision (EU) 2020/1354 granting temporary support under Regulation (EU) 2020/672 to the Portuguese Republic to mitigate unemployment risks in the emergency following the COVID-19 outbreak
Date: 2022-09-28
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: EU loan, Portugal, aid to undertakings, coronavirus disease, emergency aid, employment aid, epidemic, fight against unemployment, public expenditure, self-employed person

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   EUROPEAN COMMISSION  Brussels, 28.9.2022  COM(2022) 505 final 2022/0310 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION amending Implementing Decision (EU) 2020/1354 granting temporary support under Regulation (EU) 2020/672 to the Portuguese Republic to mitigate unemployment risks in the emergency following the COVID-19 outbreak  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council Regulation (EU) 2020/672 (“SURE Regulation”) lays down the legal framework for 
providing  Union  financial  assistance  to  Member  States,  which  are  experiencing,  or  are 
seriously threatened with, a severe economic disturbance caused by the COVID-19 outbreak. 
Support  under  SURE  serves  for  the  financing,  primarily,  of  short-time  work  schemes  or 
similar measures aimed at protecting employees and the self‐employed and thus reducing the 
incidence of unemployment and loss of income, as well as for the financing, as an ancillary, 
of some health-related measures, in particular in the workplace. 

On  11  August  2020,  Portugal  requested  financial  assistance  from  the  Union  and  on  25 
September  2020,  with  its  Implementing  Decision  (EU)  2020/1354,  the  Council  granted 
financial assistance to Portugal  with a view to complementing its national efforts to address 
the impact of the COVID-19 outbreak and respond to the socioeconomic consequences of the 
outbreak for workers and the self-employed. 

On 9 December 2021, Portugal requested the Union to extend the list of measures in Council 
Implementing  Decision  (EU)  2020/1354.  Further  to  this  request,  the  Council  Implementing 
Decision (EU) 2020/1354 was amended by Council implementing decision (EU) 2022/99 of 
25 January 2022. 

On 17 September 2022, Portugal requested again Union financial assistance under the SURE 
Regulation. 

In accordance with Article 6(2) of the SURE Regulation, the Commission has consulted  the 
Portuguese  authorities  to  verify  the  sudden  and  severe  increase  in  actual  and  planned 
expenditure  directly  related  to  the  Portuguese  labour  market  measures  and  health-related 
measures caused by the COVID-19 pandemic. In particular, this pertains to existing measures 
referred to in Council Implementing Decision (EU) 2020/1354: 

(a) 

(b) 

a  measure  to  support  the  maintenance  of  employment  contracts  through  the 
temporary  interruption  of  work  or  reduction  of  normal  working  time,  enshrined  in 
Portugal’s Labour Code. Initially, the measure provided for a benefit to eligible firms 
to cover 70% of employees’ compensation, with employees’ compensation equalling 
two-thirds  of  their  normal  gross  salary.  This  two-thirds  correction  was  subject  to  a 
lower limit  equal  to  the  national  minimum  salary and an upper limit  equal  to  three 
times  the  national  minimum  salary.  Eligible  firms  must  have  suspended  their 
business  activities  or  have  suffered  significant  revenue  losses.  Subsequently,  the 
measure  was  extended, 
increasing  employees’ 
compensation to 100% of their normal gross salary. 

including  by 

temporarily 

a  new  and  simplified  special  support  for  the  maintenance  of  employment  contracts 
through  the  temporary  interruption  of  work  or  reduction  of  normal  working  time. 
This measure was similar to the measure referred to in point (a) but had simplified 
procedures  to  allow  swifter  access  to  funds.  Initially,  the  measure  provided  for  a 
benefit to eligible firms to cover 70% of employees’ compensation, with employees’ 
compensation  equalling  two-thirds  of  their  normal  gross  salary,  as  well  as  the 
exemption from employer’s social security contributions. This two-thirds correction 
was subject to a lower limit equal to the national minimum salary and an upper limit 

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(c) 

(d) 

(e) 

(f) 

equal  to  three  times  the  national  minimum  salary.  Eligible  firms  must  have 
suspended  their  business  activities  or  have  experienced  revenue  losses  of  at  least 
40% in the period of 30 days preceding the request for support, compared with the 
same  month  of  the  previous  year  or  with  the  monthly  average  of  the  two  months 
prior  to  that  period.  Subsequently,  the  measure  was  extended  a  number  of  times, 
including  by  temporarily  increasing  employees’  compensation  to  100%  of  their 
normal gross salary in specific circumstances. 

when firms  were benefitting from the measures  referred to  in  points  (a) or (b),  and 
had a training programme approved by the national public employment and training 
services (“Instituto do Emprego de Formação Profissional”, IEFP), under the special 
vocational  programmes,  training  allowances  could  be  granted  to  cover  income 
replacement,  as  well  as  the  linked  costs  for  training,  to  take  place  during  working 
hours, as an alternative to reducing employees’ working time. 

a  new  special  support  for  firms  for  the  resumption  of  their  business  activities. 
Initially, in order to facilitate the transition back to work and support the retention of 
jobs, firms whose employees benefited from the measures referred to in points (a) or 
(b) could receive a benefit equal to either the national minimum salary per relevant 
employee paid in one single instalment, or to twice the national minimum salary per 
such  employee  paid  in  a  phased  manner  over  six  months.  When  support  was 
provided in a phased manner, firms were also to benefit from a partial exemption of 
50%  from  the  respective  employer’s  social  security  contributions  with  reference  to 
the relevant employees. Subsequently, the measure was extended a number of times, 
including  by  adding  as  eligible  firms  micro-entreprises  whose  employees  had 
benefited from the measure referred to in point (f), which could then receive a benefit 
equal  to  twice  the  national  minimum  salary  per  such  employee  paid  in  a  phased 
manner over six months. 

a  new  income  stabilisation  supplement  for  employees  benefitting  from  measures 
referred  to  in  points  (a)  or  (b)  during  at  least  one  month  (later  specified  as  30 
consecutive  days)  in  the  period  from  April  to  June  2020.  Eligible  employees  were 
those whose gross salary with  reference to  February 2020 did  not  exceed twice the 
national minimum salary. The employees were entitled to receive a benefit equal to 
the  difference  between  the  gross  salary  of  February  2020  and  that  of  the  period  in 
which  the  employees  were  covered  by  one  of  the  two  above-mentioned  measures, 
with a lower limit of EUR 100 and an upper limit of EUR 351. 

a new and progressive special support for the maintenance of employment contracts 
through  the  temporary  reduction  of  normal  working  time.  Initially,  the  measure 
provided for a benefit to eligible firms to cover 70% of employees’ compensation for 
hours not worked, with that compensation equalling two-thirds of their normal gross 
salary corresponding to hours not worked in August and September 2020, or to four-
fifths of their normal gross salary corresponding to hours not worked in October to 
December  2020.  The  resulting  overall  gross  salary  of  employees  was  subject  to  a 
lower limit equal to the national minimum wage. The measure also provided for the 
total  or  partial  exemption  from 
the  respective  employer’s  social  security 
contributions,  calibrated  according  to  eligible  firms  being  either  micro-,  small-  and 
medium-sized, or big enterprises. Eligible firms must have suspended their business 
activities or have experienced revenue losses of at least 40% in the period of 30 days 
preceding  the  request  for  support,  compared  with  the  same  month  of  the  previous 
year  or  with  the  monthly  average  of  the  two  months  prior  to  that  period.  The 
maximum  temporary  reduction  of  normal  working  time  was  calibrated  to  increase 

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according  to  the  size  of  the  revenue  losses  of  eligible  firms.  Subsequently,  the 
measure  was  extended  a  number  of  times,  including  by  making  eligible  firms  that 
experienced  revenue  losses  of  at  least  25%,  recalibrating  the  maximum  temporary 
reduction  of  normal  working  time  according  to  the  size  of  the  revenue  losses  of 
eligible  firms,  temporarily  increasing  employees’  compensation  to  100%  of  their 
normal gross salary corresponding to hours not worked, and introducing the phasing-
out of relief for employer’s social security contributions. 

a  new  special  support  for  self-employed  persons,  informal  workers  and  managers. 
Initially, the measure provided a monthly benefit equal to the individuals’ registered 
income, with an upper limit equal to Portugal’s social support index (“Indexante dos 
Apoios Sociais”, IAS, at EUR 438.81 in 2020). Eligible persons were the individuals 
suspending  their  business  activities.  Subsequently,  the  measure  was  extended  a 
number of times, including by making eligible persons experiencing revenue losses 
of at least 40% in the period of 30 days preceding the request for support, compared 
with  the  same  month  of  the  previous  year  or  with  the  monthly  average  of  the  two 
months prior to that period, and recalibrated so as to make the monthly benefit equal 
to either the individuals’ registered income, with an upper limit equal to  Portugal’s 
social  support  index,  when  individuals’  registered  income  was  lower  than  1.5 
Portugal’s  social  support  index,  or  to  two-thirds  of  the  individuals’  registered 
income, with an upper limit equal to the national minimum salary, when individuals’ 
registered income was equal or greater than 1.5 Portugal’s social support index, and 
setting a lower limit equal to 50% of Portugal’s social support index. 

a family allowance for employees prevented from working due to the need to assist 
their children or other dependents under the age of 12, or, regardless of age, with a 
disability  or  chronic  illness.  The  measure  provided  a  benefit  corresponding  to  two-
thirds  of  the  normal  gross  salary,  paid  in  equal  parts  by  the  employer  and  social 
security, with a lower limit equal to the national minimum salary and an upper limit 
equal to three times the national minimum salary. 

a special support for the maintenance of trainers’ employment  contracts in the light 
of  the  cancellation  of  vocational  trainings.  Public  support  consisted  in  a  benefit 
covering  the  trainers’  salary  in  spite  of  the  vocational  trainings  not  having  taken 
place. 

a  sickness  allowance  owing  to  the  contraction  of  COVID-19.  Compared  with 
Portugal’s  standard  sickness  allowance  scheme,  the  granting  of  the  COVID-19 
sickness allowance was not subject to a waiting period. Public support consisted in a 
benefit equal to the gross salary. 

an  allowance  for  employees  and  self-employed  persons  that  were  temporarily 
prevented  from  exercising  their  professional  activities  due  to  being  in  prophylactic 
isolation.  The  granting  of  the  allowance  was  not  subject  to  a  waiting  period. 
Benefiting employees or self-employed persons were entitled to an allowance equal 
to their normal gross salary. 

a number of regional employment-related measures in the autonomous region of the 
Azores. The specific measures were intended to preserve employment in the Azores 
during the COVID-19 outbreak, including a regional top-up on nation-wide schemes, 
namely on short-time work, as well as support for the self-employed and for firms for 
the  resumption  of  their  business  activities.  Support  under  these  measures  was 
conditional on firms preserving employment contracts and maintaining their business 
activities. 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

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(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

(s) 

(t) 

a  number  of  regional  employment-related  measures  in  the  autonomous  region  of 
Madeira.  The  specific  measures  were  intended  to  preserve  employment  in  Madeira 
during the COVID-19 outbreak, including a regional top-up on nation-wide schemes, 
namely on short-time work, as well as support for the self-employed and for firms for 
the  resumption  of  their  business  activities.  Support  under  these  measures  was 
conditional on firms preserving employment contracts and maintaining their business 
activities. 

an extraordinary support scheme for self-employed workers, workers without access 
to other social protection mechanisms, and managers whose income was particularly 
affected  by  the  COVID-19  pandemic.  In  the  case  of  self-employed  workers,  the 
measure provided a benefit equal to two-thirds of the drop in the workers’ monthly 
income,  with  an  upper  limit  equal  to  EUR 501.16.  Eligible  self-employed  workers 
were those experiencing a drop in income of at least 40% in the period from March 
to  December  2020,  compared  with  2019.  In  the  case  of  workers  without  access  to 
other  social  protection  mechanisms,  the  measure  provided:  (i)  for  employees,  a 
benefit equal to the difference between the monthly reference value of EUR 501.16 
and the average monthly wage per adult in the respective household; or, (ii) for self-
employed workers, a benefit equal to two-thirds of the drop in the workers’ monthly 
income,  with  an  upper  limit  of  EUR 501.16.  In  the  case  of  managers,  the  measure 
provided a benefit equal to either their reference average monthly income, when this 
was below 1.5 Portugal’s social support index (“Indexante dos Apoios Sociais”, IAS, 
at  EUR 438.81  in  2021),  or  two-thirds  of  their  reference  average  monthly  income, 
when  this  was  equal  or  above  the  aforementioned  index.  Eligible  managers  were 
those whose business activities had been temporarily suspended due to the COVID-
19 pandemic, or that were experiencing revenue losses of at least 40% in the period 
of 30 days preceding the request for support, compared with the same month of the 
previous year, or with the monthly average of the two months prior to that period. In 
all  cases,  the  benefit  had  a  lower  limit  equal  to  EUR 50,  increased  to  50%  of  the 
observed  monthly  income  drop  when  the  latter  fell  between  50%  and  100%  of 
Portugal’s social support index, or  to  50%  of Portugal’s social support index when 
the income drop exceeded the aforementioned index. 

a  social  support  scheme  for  artists,  authors,  technicians  and  other  art  professionals. 
The measure provided for a monthly benefit equal to Portugal’s social support index 
(“Indexante dos Apoios Sociais”, IAS, at EUR 438.81 in 2021). 

the purchase of personal protective equipment to be used in the workplace, notably in 
public  hospitals,  line  ministries,  municipalities  and  the  autonomous  regions  of  the 
Azores and Madeira. 

a  school  hygiene  campaign  aimed  at  ensuring  the  safe  return  to  work  of  lecturers, 
other staff members, and students. 

the  testing  for  the  contraction  of  COVID-19  of  inpatients  and  workers  of  public 
hospitals, as well as of employees of nursing homes and childcare facilities. 

a new special compensation for workers in the National Health Service involved in 
fighting  the  COVID-19  outbreak.  The  measure  provided  for  a  performance  bonus, 
paid only once, corresponding to an amount equal to 50% of the employee’s normal 
gross salary. 

the  hiring  of  additional  health  professionals  and  overtime  work  in  the  National 
Health Service to help address pandemic-related challenges. 

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Portugal provided the Commission with the relevant information. 

Taking into account the available evidence, the Commission proposes to the Council to adopt 
an  Implementing  Decision  to  grant  financial  assistance  to  Portugal  under  the  SURE 
Regulation in support of the measures above.  

Health-related measures, as requested by Portugal, including on 17 September 2022, amount 
to EUR 1 382 230 075. 

• 

Consistency with existing policy provisions in the policy area 

The present proposal is fully consistent with Council Regulation (EU) 2020/672, under which 
the proposal is made. 

The present proposal comes in addition to another Union law instrument to provide support to 
Member States in case of emergencies, namely Council Regulation (EC) No 2012/2002 of 11 
November 2002 establishing the European Union Solidarity Fund (EUSF) (“Regulation (EC) 
No 2012/2002”). Regulation (EU) 2020/461 of the European Parliament and of the Council, 
which amends that instrument to  extend its scope to  cover major public  health emergencies 
and to define specific operations eligible for financing, was adopted on 30 March 2020. 

• 

Consistency with other Union policies 

The proposal is part of a range of measures developed in response to the current COVID-19 
pandemic  such  as  the  “Coronavirus  Response  Investment  Initiative”,  and  it  complements 
other  instruments  that  support  employment  such  as  the  European  Social  Fund  and  the 
European Fund for Strategic Investments (EFSI)/InvestEU. By making use of borrowing and 
lending in this particular case of the COVID-19 outbreak for supporting Member States, this 
proposal  acts  as  a  second  line  of  defence  to  finance  short-time  work  schemes  and  similar 
measures,  helping  protect  jobs  and  thus  employees  and  self-employed  against  the  risk  of 
unemployment. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for this instrument is Council Regulation (EU) 2020/672. 

• 

Subsidiarity (for non-exclusive competence)  

The  proposal  follows  a  Member  State  request  and  shows  European  solidarity  by  providing 
Union financial assistance in the form of temporary loans to a Member State affected by the 
COVID-19  outbreak.  As  a  second  line  of  defence,  such  financial  assistance  supports  the 
government’s increased public expenditure on a temporary basis in respect of short-time work 
schemes  and  similar  measures  to  help  them  protect  jobs  and  thus  employees  and  self-
employed against the risk of unemployment and loss of income. 

Such  support  will  help  the  population  affected  and  helps  to  mitigate  the  direct  societal  and 
economic impact caused by the present COVID-19 crisis. 

• 

Proportionality 

The proposal respects the proportionality principle. It does not go beyond what is necessary to 
achieve the objectives sought by the instrument. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

Due to the urgency to prepare the proposal so that it can be adopted in a timely manner by the 
Council, a stakeholder consultation could not be carried out. 

• 

Impact assessment 

Due to the urgent nature of the proposal, no impact assessment was carried out. 

4. 

BUDGETARY IMPLICATIONS 

The  Commission  should  be  able  to  contract  borrowings  on  the  financial  markets  with  the 
purpose  of  on-lending  them  to  the  Member  State  requesting  financial  assistance  under  the 
SURE instrument.  

In  addition  to  the  provision  of  Member  State  guarantees,  other  safeguards  are  built  into  the 
framework in order to ensure the financial solidity of the scheme: 

 

 

A rigorous and conservative approach to financial management; 

A  construction  of  the  portfolio  of  loans  that  limits  concentration  risk,  annual 
exposure and excessive exposure to individual Member States whilst ensuring 
sufficient resources could be granted to Member States most in need; and 

 

Possibilities to roll over debt. 

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2022/0310 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

amending Implementing Decision (EU) 2020/1354 granting temporary support under 
Regulation (EU) 2020/672 to the Portuguese Republic to mitigate unemployment risks in 
the emergency following the COVID-19 outbreak 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

Having regard to Council Regulation (EU) 2020/672 of 19 May 2020 on the establishment of 
a  European  instrument  for  temporary  support  to  mitigate  unemployment  risks  in  an 
emergency (SURE) following the COVID-19 outbreak1, and in particular Article 6(1) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Further  to  a  request  from  Portugal  on  11  August  2020,  the  Council,  by  means  of 
Implementing  Decision  (EU)  2020/13542,  granted  financial  assistance  to  Portugal  in 
the form of a loan amounting to a maximum of EUR 5 934 462 488 with a maximum 
average  maturity  of  15  years,  and  with  an  availability  period  of  18  months,  with  a 
view  to  complementing  Portugal’s  national  efforts  to  address  the  impact  of  the 
COVID-19 outbreak and respond to the socioeconomic consequences of that outbreak 
for workers and the self-employed. 

The loan was to be used by Portugal to finance the short-time work schemes, similar 
measures  and  health-related  measures,  as  referred  to  in  Article  3  of  Implementing 
Decision (EU) 2020/1354. 

Further to a second request from Portugal on 9 December 2021, the Council, by means 
of  Implementing  Decision  (EU)  2022/993,  extended  the  list  of  measures  for  which 
financial  assistance  had  already  been  granted  by  means  of  Implementing  Decision 
(EU) 2020/1354, with a view to complementing Portugal’s national efforts to address 
the 
the  socioeconomic 
to 
consequences of that outbreak for workers and the self-employed. 

the  COVID-19  outbreak  and  respond 

impact  of 

The  COVID-19  outbreak  has  immobilised  a  substantial  part  of  the  labour  force  in 
Portugal.  This  has  led  to  a  still  sudden  and  severe  increase  in  public  expenditure  in 
Portugal in respect of the measures referred to in Article 3 of Implementing Decision 
(EU) 2020/1354. 

OJ L 159, 20.5.2020, p. 1. 
Council  Implementing  Decision  (EU)  2020/1354  of  25  September  2020  granting  temporary  support 
under  Regulation  (EU)  2020/672  to  the  Portuguese  Republic  to  mitigate  unemployment  risks  in  the 
emergency following the COVID-19 outbreak, OJ L 314, 29.9.2020, p. 49-54. 
Council  Implementing  Decision  (EU)  2022/99  of  25  January  2022  amending  Implementing  Decision 
(EU)  2020/1354  granting  temporary  support  under  Regulation  (EU)  2020/672  to  the  Portuguese 
Republic  to  mitigate  unemployment  risks  in  the  emergency  following  the  COVID-19  outbreak,  OJ  L 
17, 26.1.2022, p. 47-51. 

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(5) 

(6) 

(7) 

(8) 

The COVID-19 outbreak and the extraordinary measures implemented by Portugal in 
2020, 2021 and 2022 to contain that outbreak and its socioeconomic and health-related 
impact had and still have a dramatic impact on public finances. In 2020, Portugal had 
a general government deficit and debt of 5.8% and 135.2% of gross domestic product 
(GDP)  respectively,  which  narrowed  to  2.8%  and  127.4%  respectively  at  the  end  of 
2021.  According  to  the  Commission's  2022  spring  forecast,  Portugal  is  forecast  to 
have a general government deficit and debt of 1.9% and 119.9% of GDP, respectively, 
by  the  end  of  2022.  According  to  the  Commission’s  2022  summer  interim  forecast, 
Portugal’s GDP is projected to increase by 6.5% in 2022. 

On 17 September 2022, Portugal requested further financial assistance from the Union 
in  the  amount  of  EUR 300 000 000  with  a  view  to  continuing  to  complement  its 
national  efforts  undertaken  in  2020,  2021  and  2022  to  address  the  impact  of  the 
COVID-19 outbreak and respond to the socioeconomic consequences of the outbreak 
for  workers  and  the  self-employed.  In  particular,  Portugal  further  extended  and/or 
amended short-time work schemes and similar measures set out in recitals (7) to (21). 
Articles  298  to  308  of  “Law  No  7/2009  of  12  February”4,  as  further  specified  by 
Article  142  of  “Law  No  75-B/2020  of  31  December”5,  introduced  a  measure  to 
support the maintenance of employment contracts through the temporary interruption 
of  work  or  reduction  of  normal  working  time  enshrined  in  Portugal’s  Labour  Code. 
The  measure  was  described  in  Article  3(a)  of  Council  Implementing  Decision  (EU) 
2020/1354. Initially, the measure provided for a benefit to eligible firms to cover 70% 
of  employees’  compensation,  with  employees’  compensation  equalling  two-thirds  of 
their normal gross salary. This two-thirds correction was subject to a lower limit equal 
to  the  national  minimum  salary  and  an  upper  limit  equal  to  three  times  the  national 
minimum salary. Eligible firms must have suspended their business activities or have 
suffered  significant  revenue  losses.  Subsequently,  the  measure  was  extended, 
including by temporarily increasing employees’ compensation to 100% of their normal 
gross salary. 
“Decree-Law  No  10-G/2020  of  26  March”6,  as  amended  by  the  “Declaration  of 
Rectification No 14/2020 of 28 March”7, Article 4 of “Decree-Law No 14-F/2020 of 
13 April”8, Article 3 of “Decree-Law No 20/2020 of 1 May”9, Article 6 of “Decree-
Law 20-H/2020 of 14 May”10, Article 2 of “Decree-Law No 27-B/2020 of 19 June”11, 
and Article 2 of “Decree-Law No 6-C/2021 of 15 January”12, and as further specified 
by  Article  142  of  “Law  No  75-B/2020  of  31  December”13,  introduced  the  new  and 
simplified  special  support  for  the  maintenance  of  employment  contracts  through  the 
temporary interruption of work or reduction of normal working time. The measure was 
described  in  Article  3(b)  of  Council  Implementing  Decision  (EU)  2020/1354.  This 
measure  was  similar  to  the  measure  referred  to  in  recital  (7)  but  had  simplified 
procedures  to  allow  swifter  access  to  funds.  Initially,  the  measure  provided  for  a 

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5 
6 
7 
8 
9 
10 
11 
12 
13 

“Diário da República n.º 30/2009, Série I de 2009-02-12”, pp. 926 – 1029. 
“Diário da República n.º 253/2020, 1º Suplemento, Série I de 2020-12-31”, pp. 2 – 288. 
“Diário da República n.º 61/2020, 1º Suplemento, Série I de 2020-03-26”, pp. 7 – 14. 
“Diário da República n.º 62-A/2020, Série I de 2020-03-28”, pp. 6 – 7. 
“Diário da República n.º 72/2020, 2º Suplemento, Série I de 2020-04-13”, pp. 6 – 8. 
“Diário da República n.º 85-A/2020, Série I de 2020-05-01”, pp. 2 – 10. 
“Diário da República n.º 94/2020, 2º Suplemento, Série I de 2020-05-14”, pp. 2 – 7. 
“Diário da República n.º 118/2020, 2º Suplemento, Série I de 2020-06-19”, pp. 4 – 9. 
“Diário da República n.º 10/2021, 1º Suplemento, Série I de 2021-01-15”, pp. 5 – 22. 
“Diário da República n.º 253/2020, 1º Suplemento, Série I de 2020-12-31”, pp. 2 – 288. 

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benefit to eligible firms  to cover 70% of employees’ compensation, with employees’ 
compensation  equalling  two-thirds  of  their  normal  gross  salary,  as  well  as  the 
exemption  from  employer’s  social  security  contributions.  This  two-thirds  correction 
was subject to a lower limit equal to the national minimum salary and an upper limit 
equal to three times the national minimum salary. Eligible firms must have suspended 
their  business  activities  or  have  experienced  revenue  losses  of  at  least  40%  in  the 
period of 30 days preceding the request for support, compared with the same month of 
the previous year or with the monthly average of the two months prior to that period. 
Subsequently, the measure was extended a number of times, including by temporarily 
increasing employees’ compensation to 100% of their normal gross salary in specific 
circumstances.  Since  the  relief  of  social  security  contributions  constitutes  foregone 
revenue for the general government, for the purposes of Regulation (EU) 2020/672, it 
can be considered to be equivalent to public expenditure. 
Articles  5(2)  and  7  to  9  of  “Decree-Law  No  10-G/2020  of  26  March”14  established 
that, when firms were benefitting from the measures referred to in recitals (7) or (8), 
and  had  a  training  programme  approved  by  the  national  public  employment  and 
training services (“Instituto do Emprego de Formação Profissional”, IEFP), under the 
special vocational programmes, training allowances could be granted to cover income 
replacement,  as  well  as  the  linked  costs  for  training,  to  take  place  during  working 
hours,  as  an  alternative  to  reducing  employees’  working  time.  The  measure  was 
described in Article 3(c) of Council Implementing Decision (EU) 2020/1354. 
(10)  Articles  4  and  5  of  “Decree-Law  No  27-B/2020  of  19  June”15  and  Article  14-A  of 
“Decree-Law No 46-A/2020 of 30 July”16, as amended by Article 4 of “Decree-Law 
No  6-C/2021  of  15  January”17,  Article  2  of  “Decree-Law  No  23-A/2021  of  24 
March”18, and Article 2 of “Decree-Law No 32/2021 of 12 May”19, and as specified in 
“Government  Order No  102-A/2021  of 14 May”20, introduced a  new special support 
for firms for the resumption of their business activities. The measure was described in 
Article 3(d) of Council Implementing Decision (EU) 2020/1354.  Initially, in order to 
facilitate  the  transition  back  to  work  and  support  the  retention  of  jobs,  firms  whose 
employees benefited from the measures referred to in recitals (7) or (8) could receive a 
benefit equal to either the national minimum salary per relevant employee paid in one 
single instalment, or to twice the national minimum salary per such employee paid in a 
phased  manner  over  six  months.  When  support  was  provided  in  a  phased  manner, 
firms  were  also  to  benefit  from  a  partial  exemption  of  50%  from  the  respective 
employer’s  social  security  contributions  with  reference  to  the  relevant  employees. 
Subsequently,  the  measure  was  extended  a  number  of  times,  including  by  adding  as 
eligible  firms  micro-entreprises  whose  employees  had  benefited  from  the  measure 
referred  to  in  recital  (12),  which  could  then  receive  a  benefit  equal  to  twice  the 
national minimum salary per such employee paid in a phased manner over six months. 
(11)  Article  3  of  “Decree-Law  No  27-B/2020  of  19  June”21,  as  amended  by  Article  2  of 
“Decree-Law  No  58-A/2020  of  14  August”22,  introduced  a  new  income  stabilisation 

14 
15 
16 
17 
18 
19 
20 
21 

“Diário da República n.º 61/2020, 1º Suplemento, Série I de 2020-03-26”, pp. 7 – 14. 
“Diário da República n.º 118/2020, 2º Suplemento, Série I de 2020-06-19”, pp. 4 – 9. 
“Diário da República n.º 147/2020, 1º Suplemento, Série I de 2020-07-30”, pp. 2 – 10. 
“Diário da República n.º 10/2021, 1º Suplemento, Série I de 2021-01-15”, pp. 5 – 22. 
“Diário da República n.º 58/2021, 1º Suplemento, Série I de 2021-03-24”, pp. 2 – 8. 
“Diário da República n.º 92/2021, Série I de 2021-05-12”, pp. 3 – 5. 
“Diário da República n.º 94/2021, 1º Suplemento, Série I de 2021-05-14”, pp. 2 – 11. 
“Diário da República n.º 118/2020, 2º Suplemento, Série I de 2020-06-19”, pp. 4 – 9. 

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supplement for employees benefitting from measures referred to in recitals (7) or (8) 
during at least one month (later specified as 30 consecutive days) in the period from 
April  to  June  2020.  The  measure  was  described  in  Article  3(e)  of  Council 
Implementing Decision (EU) 2020/1354. Eligible employees were those whose gross 
salary  with  reference  to  February  2020  did  not  exceed  twice  the  national  minimum 
salary.  The  employees  were  entitled  to  receive  a  benefit  equal  to  the  difference 
between  the  gross  salary  of  February  2020  and  that  of  the  period  in  which  the 
employees were covered by one of the two above-mentioned measures, with a lower 
limit of EUR 100 and an upper limit of EUR 351. 

(12)  Article  4  of  “Decree-Law  No  46-A/2020  of  30  July”23,  as  amended  by  Article  2  of 
“Decree-Law No 90/2020 of 19 October”24, Article 142 of “Law No 75-B/2020 of 31 
December”25,  Article  3  of  “Decree-Law  No  6-C/2021  of  15  January”26,  Article  2  of 
“Decree-Law  No  23-A/2021  of  24  March”27,  and  Article  2  of  “Decree-Law  No  71-
A/2021  of  13  August”28,  introduced  a  new  and  progressive  special  support  for  the 
maintenance  of  employment  contracts  through  the  temporary  reduction  of  normal 
working  time.  The  measure  was  described  in  Article  3(f)  of  Council  Implementing 
Decision  (EU)  2020/1354.  Initially,  the  measure  provided  for  a  benefit  to  eligible 
firms  to  cover  70%  of  employees’  compensation  for  hours  not  worked,  with  that 
compensation equalling two-thirds of their normal gross salary corresponding to hours 
not  worked  in  August  and  September  2020,  or  to  four-fifths  of  their  normal  gross 
salary corresponding to hours not worked in October to December 2020. The resulting 
overall  gross  salary  of  employees  was  subject  to  a  lower  limit  equal  to  the  national 
minimum wage. The measure also provided for the total or partial exemption from the 
respective  employer’s  social  security  contributions,  calibrated  according  to  eligible 
firms being either micro-, small- and medium-sized, or big enterprises. Eligible firms 
must have suspended their business activities or have experienced revenue losses of at 
least 40% in the period of 30 days preceding the request for support, compared with 
the same month of the previous year or with the monthly average of the two months 
prior to that period. The maximum temporary reduction of normal working time was 
calibrated  to  increase  according  to  the  size  of  the  revenue  losses  of  eligible  firms. 
Subsequently,  the  measure  was  extended  a  number  of  times,  including  by  making 
eligible  firms  that  had  experienced  revenue  losses  of  at  least  25%,  recalibrating  the 
maximum  temporary  reduction  of  normal  working  time  according  to  the  size  of  the 
revenue  losses  of  eligible  firms,  temporarily  increasing  employees’  compensation  to 
100% of their normal gross salary corresponding to hours not worked, and introducing 
the phasing-out of relief for employer’s social security contributions.  Since the relief 
of  social  security  contributions  constitutes  foregone  revenue  for  the  general 
government, for the purposes of Regulation (EU) 2020/672, it can be considered to be 
equivalent to public expenditure. 

(13)  Article 26 of “Decree-Law No 10-A/2020 of 13 March”29, as amended by Article 2 of 
“Decree-Law No 12-A/2020 of 6 April”30, Article 2 of “Decree-Law No 14-F/2020 of 

22 
23 
24 
25 
26 
27 
28 
29 
30 

“Diário da República n.º 158/2020, 2º Suplemento, Série I de 2020-08-14”, pp. 2 – 3. 
“Diário da República n.º 147/2020, 1º Suplemento, Série I de 2020-07-30”, pp. 2 – 10. 
“Diário da República n.º 203/2020, Série I de 2020-10-19”, pp. 2 – 7. 
“Diário da República n.º 253/2020, 1º Suplemento, Série I de 2020-12-31”, pp. 2 – 288. 
“Diário da República n.º 10/2021, 1º Suplemento, Série I de 2021-01-15”, pp. 5 – 22. 
“Diário da República n.º 58/2021, 1º Suplemento, Série I de 2021-03-24”, pp. 2 – 8. 
“Diário da República n.º 157/2021, 1º Suplemento, Série I de 2021-08-13”, pp. 2 – 4. 
“Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13”, pp. 2 – 13. 
“Diário da República n.º 68/2020, 3º Suplemento, Série I de 2020-04-06”, pp. 20 – 24. 

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13 April”31, Article 4 of “Decree-Law No 20-C/2020 of 7 May”32, Article 9 of “Law 
No 27-A/2020 of 24 July”33, and Article 2 of “Law No 31/2020  of 11 August”34, as 
well  as  Article  325-G  of  “Law  No  2/220  of  31  March”35,  as  added  by  Article  3  of 
“Law No 27-A/2020 of 24 July”36, introduced a new special support for self-employed 
persons, informal workers and managers. The measure was described in Article 3(g) of 
Council  Implementing  Decision  (EU)  2020/1354.  Initially,  the  measure  provided  a 
monthly benefit equal to the individuals’ registered income, with an upper limit equal 
to  Portugal’s  social  support  index  (“Indexante  dos  Apoios  Sociais”,  IAS,  at 
EUR 438.81 in 2020). Eligible persons were the individuals suspending their business 
activities.  Subsequently,  the  measure  was  extended  a  number  of  times,  including  by 
making eligible persons experiencing revenue losses of at least 40% in the period of 
30  days  preceding  the  request  for  support,  compared  with  the  same  month  of  the 
previous  year  or  with  the  monthly  average  of  the  two  months  prior  to  that  period, 
recalibrated  so  as  to  make  the  monthly  benefit  equal  to  either  the  individuals’ 
registered income, with an upper limit equal to Portugal’s social support index, when 
individuals’ registered income was lower than 1.5 Portugal’s social support index, or 
to  two-thirds  of  the  individuals’  registered  income,  with  an  upper  limit  equal  to  the 
national  minimum  salary,  when  individuals’  registered  income  was  equal  or  greater 
than  1.5  Portugal’s  social  support  index,  and  setting  a  lower  limit  equal  to  50%  of 
Portugal’s social support index. 

(14)  Article 23 of “Decree-Law No 10-A/2020 of 13 March”37, as amended by Article 2 of 
“Decree-Law  No  12-A/2020  of  6  April”38,  and  Article  3  of  “Law  No  16/2021  of  7 
April”39, introduced a family allowance for employees prevented from working due to 
the need to assist their children or other dependents under the age of 12, or, regardless 
of age, with a disability or chronic illness. The measure was described in Article 3(h) 
of Council  Implementing Decision (EU) 2020/1354. The measure provided a benefit 
corresponding  to  two-thirds  of  the  normal  gross  salary,  paid  in  equal  parts  by  the 
employer and social security, with a lower limit equal to the national minimum salary 
and  an  upper  limit  equal  to  three  times  the  national  minimum  salary.  This  measures 
can be considered as a similar measure to short-time work schemes, as referred to in 
Regulation  (EU)  2020/672,  as  it  provides  income  support  to  employees,  which  will 
help to cover the costs of childcare during school closures and therefore help parents 
to continue working, preventing putting the employment relation at risk. 
“Government  Order  No  3485-C/2020  of  19  March”40,  “Government  Order  No 
4395/2020  of  10  April”41,  and  “Government  Order  No  5897-B/2020  of  28  May”42, 
introduced a special support for the maintenance of trainers’ employment contracts in 
the  light  of  the  cancellation  of  vocational  trainings.  The  measure  was  described  in 
Article  3(i)  of  Council  Implementing  Decision  (EU)  2020/1354.  Public  support 

(15) 

31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 

“Diário da República n.º 72/2020, 2º Suplemento, Série I de 2020-04-13”, pp. 6 – 8. 
“Diário da República n.º 89/2020, 1º Suplemento, Série I de 2020-05-07”, pp. 2 – 6. 
“Diário da República n.º 143/2020, 1º Suplemento, Série I de 2020-07-24”, pp. 2 – 92. 
“Diário da República n.º 155/2020, Série I de 2020-08-11”, pp. 2 – 4. 
“Diário da República n.º 64/2020, Série I de 2020-03-31”, pp. 2 – 336. 
“Diário da República n.º 143/2020, 1º Suplemento, Série I de 2020-07-24”, pp. 2 – 92. 
“Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13”, pp. 2 – 13. 
“Diário da República n.º 68/2020, 3º Suplemento, Série I de 2020-04-06”, pp. 20 – 24. 
“Diário da República n.º 67/2021, Série I de 2021-04-07”, pp. 5 – 8. 
“Diário da República n.º 56/2020, 1º Suplemento, Série II de 2020-03-19”, pp. 5 – 7. 
“Diário da República n.º 71-A/2020, Série II de 2020-04-10”, pp. 2 – 3. 
“Diário da República n.º 104/2020, 2º Suplemento, Série II de 2020-05-28”, pp. 3 – 4. 

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consisted  in  a  benefit  covering  the  of  trainers’  salary  in  spite  of  the  vocational 
trainings not taking place. 

“Order  of  the  Ministers  of  Labour,  Solidarity  and  Social  Security,  and  of  Health  No 
2875-A/2020 of 3 March”43, Article 20 of “Decree-Law 10-A/2020 of 13 March”44, as 
amended by Article 2 of “Decree-Law No 62-A/2020 of 3 September”45, and Article 
325-F of “Law No 2/2020 of 31 March”46, as amended by Article 3 of “Law No 27-
A/2020  of  24  July”47,  introduced  a  sickness  allowance  owing  to  the  contraction  of 
COVID-19.  The  measure  was  described  in  Article  3(m)  of  Council  Implementing 
Decision  (EU)  2020/1354.  Compared  with  Portugal’s  standard  sickness  allowance 
scheme,  the  granting  of  the  COVID-19  sickness  allowance  was  not  subject  to  a 
waiting period. Public support consisted in a benefit equal to the beneficiaries’ normal 
gross salary. 

(17)  Article 19 of “Decree-Law No 10-A/2020 of 13 March”48, as amended by Article 2 of 
“Decree-Law No 62-A/2020 of 3 September”49, and Article 325-F of “Law No 2/2020 
of  31  March”50,  as  amended  by  Article  3  of  “Law  No  27-A/2020  of  24  July”51, 
introduced  an  allowance  for  employees  and  self-employed  persons  that  were 
temporarily  prevented  from  exercising  their  professional  activities  due  to  being  in 
prophylactic  isolation.  The  measure  was  described  in  Article  3(l)  of  Council 
Implementing  Decision  (EU)  2020/1354.  The  granting  of  the  allowance  was  not 
subject  to  a  waiting  period.  Benefiting  employees  or  self-employed  persons  were 
entitled to an allowance equal to their normal gross salary. 

(18) 

“Resolution of the Council of the Regional Government of the Azores No 97/2020 of 
8 April”52, “Resolution of the Council of the Regional Government of the Azores No 
120/2020  of  28  April”53,  “Resolution  of  the  Council  of  the  Regional  Government  of 
the  Azores  No  128/2020  of  5  May”54,  “Resolution  of  the  Council  of  the  Regional 
Government  of the Azores No 129/2020 of 5 May”55, “Resolution  of the  Council of 
the Regional Government of the Azores No 195/2020 of 15 July”56, “Resolution of the 
Council  of  the  Regional  Government  of  the  Azores  No  196/2020  of  15  July”57,  and 
“Resolution of the Council of the Regional Government of the Azores No 200/2020 of 
17  July”58,  introduced  a  number  of  regional  employment-related  measures  in  the 
autonomous  region  of  the  Azores.  The  measures  were  described  in  Article  3(j)  of 
Council  Implementing  Decision  (EU)  2020/1354.  The  specific  measures  were 
intended  to  preserve  employment  in  the  Azores  during  the  COVID-19  outbreak, 
including  a  regional  top-up  on  nation-wide  schemes,  namely  on  short-time  work,  as 
well as support for the self-employed and for firms for the resumption of their business 

43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 

“Diário da República n.º 44/2020, 1º Suplemento, Série II de 2020-03-023”, pp. 2 – 3. 
“Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13, pp. 2 – 13. 
“Diário da República n.º 172/2020, 1º Suplemento, Série I de 2020-09-03”, pp. 2 – 5. 
“Diário da República n.º 64/2020, Série I de 2020-03-31”, pp. 2 – 336. 
“Diário da República n.º 143/2020, 1º Suplemento, Série I de 2020-07-24”, pp. 2 – 92. 
“Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13”, pp. 2 – 13. 
“Diário da República n.º 172/2020, 1º Suplemento, Série I de 2020-09-03”, pp. 2 – 5. 
“Diário da República n.º 64/2020, Série I de 2020-03-31”, pp. 2 – 336. 
“Diário da República n.º 143/2020, 1º Suplemento, Série I de 2020-07-24”, pp. 2 – 92. 
“Jornal Oficial – Região Autónoma dos Açores – I Série, Número 54, 8 de abril de 2020”. 
“Jornal Oficial – Região Autónoma dos Açores – I Série, Número 65, 28 de abril de 2020”. 
“Jornal Oficial – Região Autónoma dos Açores – I Série, Número 68, 5 de maio de 2020”. 
“Jornal Oficial – Região Autónoma dos Açores – I Série - Número 68, 5 de maio de 2020”. 
“Jornal Oficial – Região Autónoma dos Açores – I Série - Número 104, 15 de julho de 2020”. 
“Jornal Oficial – Região Autónoma dos Açores – I Série - Número 104, 15 de julho de 2020”. 
“Jornal Oficial – Região Autónoma dos Açores – I Série - Número 106, 17 de julho de 2020”. 

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(19) 

activities.  Support  under  these  measures  was  conditional  on  firms  preserving 
employment contracts and maintaining their business activities. 
“Resolution of the Regional Government of Madeira No 101/2020 of 13 March”59 and 
“Ordinance  No  133-B/2020  of  the  Vice-Presidency  of  the  Regional  Government  of 
Madeira  and  of  the  Regional  Secretariat  for  Social  Inclusion  and  Citizenship  of  22 
April”60  introduced  a  number  of  regional  employment-related  measures  in  the 
autonomous  region  of  Madeira.  The  measures  were  described  in  Article  3(k)  of 
Council  Implementing  Decision  (EU)  2020/1354.  The  specific  measures  were 
intended  to  preserve  employment  in  Madeira  during  the  COVID-19  outbreak, 
including  a  regional  top-up  on  nation-wide  schemes,  namely  on  short-time  work,  as 
well as support for the self-employed and for firms for the resumption of their business 
activities.  Support  under  these  measures  was  conditional  on  firms  preserving 
employment contracts and maintaining business activities. 

(20)  Article 156 of “Law No 75-B/2020 of 31 December”61, and subject to the conditions 
set  out  in  points  (2)(c) to (f) therein,  as  further  specified in “Government  Ordinance 
No  19-A/2021  of  25  January”62,  and  as  extended  by  Article  12  of  “Decree-Law  No 
104/2021  of  27  November”63,  introduced  an  extraordinary  support  scheme  for  self-
employed workers, workers without access to other social protection mechanisms, and 
managers  whose  income  was  particularly  affected  by  the  COVID-19  pandemic.  The 
measure  was  described  in  Article  3(r)  of  Council  Implementing  Decision  (EU) 
2020/1354. In the case of self-employed workers, the measure provided a benefit equal 
to two-thirds of the drop in the workers’ monthly income, with an upper limit equal to 
EUR 501.16.  Eligible  self-employed  workers  were  those  experiencing  a  drop  in 
income of at least 40% in the period from March to December 2020, compared with 
2019. In the case of workers without access to other social protection mechanisms, the 
measure  provided:  (i)  for  employees,  a  benefit  equal  to  the  difference  between  the 
monthly reference value of EUR 501.16 and the average monthly wage per adult in the 
respective household; or, (ii) for self-employed workers, a benefit equal to two-thirds 
of the drop in the workers’ monthly income, with an upper limit of EUR 501.16. In the 
case  of  managers,  the  measure  provided  a  benefit  equal  to  either  their  reference 
average  monthly  income,  when  this  was  below  1.5  Portugal’s  social  support  index 
(“Indexante dos Apoios Sociais”, IAS, at EUR 438.81 in 2021), or two-thirds of their 
reference average monthly income, when this was equal or above the aforementioned 
index.  Eligible  managers  were  those  whose  business  activities  had  been  temporarily 
suspended due to the COVID-19 pandemic, or that were experiencing revenue losses 
of at least 40% in the period of 30 days preceding the request for support, compared 
with  the  same  month  of  the  previous  year,  or  with  the  monthly  average  of  the  two 
months prior to that period. In all cases, the benefit had a lower limit equal to EUR 50, 
increased to  50% of the  observed monthly income drop when the latter  fell between 
50%  and  100%  of  Portugal’s  social  support  index,  or  to  50%  of  Portugal’s  social 
support index when the income drop exceeded the aforementioned index.  

59 
60 

61 
62 
63 

“Jornal Oficial – Região Autónoma da Madeira – I Série, Número 46, 13 de março de 2020”. 
“Jornal Oficial – Região Autónoma da Madeira – 3º Suplemento, I Série, Número 74, 22 de abril de 
2020”. 
“Diário da República n.º 253/2020, 1º Suplemento, Série I de 2020-12-31”, pp. 2 – 288. 
“Diário da República n.º 16/2021, 1º Suplemento, Série I de 2021-01-25”, pp. 2 – 8. 
“Diário da República n.º 230-A/2021, Série I de 2021-11-27”, pp. 2 – 21. 

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(21)  Point 2.5.1 of “Annex to the Resolution of the Council of Ministers No 41/2020 of 6 
June”64,  as  further  specified  by  Articles  10  to  12  of  “Government  Ordinance  No 
180/2020 of 3 August”65, and extended by Articles 5 to 7 of “Annex to Government 
Ordinance  No  37-A/2021  of  15  February”66,  introduced  a  social  support  scheme  for 
artists, authors, technicians and other art professionals. The measure was described in 
Article  3(s)  of  Council  Implementing  Decision  (EU)  2020/1354.  The  measure 
provided  for  a  monthly  benefit  equal  to  Portugal’s  social  support  index  (“Indexante 
dos Apoios Sociais”, IAS, at EUR 438.81 in 2021). 

(23) 

(22)  Portugal  further  extended  or  amended  a  series  of  health-related  measures  to  address 
the COVID-19 outbreak. In particular, this concerns the measures set in recitals (23) to 
(27). 
“Norm  No  012/2020  of  6  May”67,  as  amended  on  14  May  2020,  and  “Norm  No 
013/2020 of 10 July”68, as amended on 23 June 2020, both issued by the Portuguese 
Directorate-General  for  Health,  as  well  as  “Decree-Law  No  10-A/2020  of  13 
March”69, allowed for the purchase of personal protective equipment to be used in the 
workplace,  notably  in  public  hospitals,  line  ministries,  municipalities  and  the 
autonomous regions of the Azores and Madeira. The measure was described in Article 
3(n) of Council Implementing Decision (EU) 2020/1354. 
“Decree-Law  No  10-A/2020  of  13  March”70  introduced  a  school  hygiene  campaign 
aimed  at  ensuring  the  safe  return  to  work  of  lecturers,  other  staff  members,  and 
students.  The  measure  was  described  in  Article  3(o)  of  Council  Implementing 
Decision (EU) 2020/1354. 
“Norm  No  012/2020  of  6  May”71,  as  amended  on  14  May  2020,  and  “Norm  No 
013/2020 of 10 July”72, as amended on 23 June 2020, both issued by the Portuguese 
Directorate-General for Health, allowed for the testing for the contraction of COVID-
19  of  inpatients  and  workers  of  public  hospitals, as  well  as  of  employees  of  nursing 
homes and childcare facilities. The measure was described in Article 3(p) of Council 
Implementing Decision (EU) 2020/1354. 

(25) 

(24) 

(26)  Article 42-A of “Law No 2/2020 of 31 March”73, as amended by Article 3 of “Law No 
27-A/2020 of 24 July”74, and Article 291 of “Law No 75-B/2020 of 31 December”75, 
introduced  a  new  special  compensation  for  workers  in  the  National  Health  Service 
involved  in  fighting  the  COVID-19  outbreak.  The  measure  was  described  in  Article 
3(q) of Council Implementing Decision (EU) 2020/1354. The measure provided for a 

64 
65 
66 
67 

68 

69 
70 
71 

72 

73 
74 
75 

“Diário da República n.º 110-A/2020, Série I de 2020-06-06”, pp. 2 – 37. 
“Diário da República n.º 149/2020, Série I de 2020-08-03”, pp. 19 – 25. 
“Diário da República n.º 31/2021, 1º Suplemento, Série I de 2021-02-15”, pp. 2 – 11. 
https://www.dgs.pt/directrizes-da-dgs/normas-e-circulares-normativas/norma-n-0122020-de-06052020-
pdf.aspx. 
https://www.dgs.pt/directrizes-da-dgs/normas-e-circulares-normativas/norma-n-0132020-de-10062020-
pdf.aspx. 
“Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13”, pp. 2 – 13. 
“Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13”, pp. 2 – 13. 
https://www.dgs.pt/directrizes-da-dgs/normas-e-circulares-normativas/norma-n-0122020-de-06052020-
pdf.aspx. 
https://www.dgs.pt/directrizes-da-dgs/normas-e-circulares-normativas/norma-n-0132020-de-10062020-
pdf.aspx. 
“Diário da República n.º 64/2020, Série I de 2020-03-31”, pp. 2 – 336. 
“Diário da República n.º 143/2020, 1º Suplemento, Série I de 2020-07-24”, pp. 2 – 92. 
“Diário da República n.º 253/2020, 1º Suplemento, Série I de 2020-12-31”, pp. 2 – 288. 

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performance bonus, paid only once, corresponding to an amount equal to 50% of the 
employee’s normal gross salary. 

(27)  Article  6  of  “Decree-Law  No  10-A/2020  of  13  March”76,  and  Articles  4  to  8  of 
“Decree-Law  No  10-A/2021  of  2  February”77,  allowed  for  the  hiring  of  additional 
health professionals and overtime work in the National Health Service to help address 
pandemic-related  challenges.  The  measure  was  described  in  Article  3(t)  of  Council 
Implementing Decision (EU) 2020/1354. 

that 

(28)  Portugal fulfils the conditions for requesting financial assistance set out in Article 3 of 
Regulation  (EU)  2020/672.  Portugal  has  provided  the  Commission  with  appropriate 
evidence 
increased  by 
the  actual  and  planned  public  expenditure  has 
EUR 6 920 192 416  as  of  1  February  2020  due  to  the  national  measures  taken  to 
address  the  socioeconomic  effects  of  the  COVID-19  outbreak.  This  constitutes  a 
sudden and severe increase because it is also related to an extension or amendment of 
existing  national  measures  directly  related  to  short-time  work  scheme  and  similar 
measures that cover a significant proportion of undertakings and of the labour force in 
Portugal.  Portugal  intends  to  finance  EUR 386 417 324  of  the  increased  amount  of 
expenditure through Union funds from the EU budget and EUR 299 312 604 through 
its own financing. 

(29)  The Commission has consulted Portugal and verified the sudden and severe increase in 
the actual and planned public expenditure directly related to short-time work schemes 
and  similar  measures,  as  well  as  the  recourse  to  relevant  health-related  measures 
related to the COVID-19 outbreak, as referred to in the request of 17 September 2022, 
in accordance with Article 6 of Regulation (EU) 2020/672.  

(30)  The health-related measures, as referred to in Portugal’s request of 17 September 2022 

and in recitals (23) to (27) amount to EUR 1 382 230 075. 

(31)  Financial assistance should  therefore be provided with  a view to  helping  Portugal to 
address  the  socioeconomic  effects  of  the  severe  economic  disturbance  caused  by  the 
COVID-19  outbreak.  The  Commission  should  take  the  decisions  concerning 
maturities,  size  and  release  of  instalments  and  tranches  in  close  cooperation  with 
national authorities.  

(32)  Given  that  the  availability  period  indicated  in  Council  Implementing  Decision  (EU) 
2020/1354 has expired, a new availability period for the additional financial assistance 
is  needed.  The  availability  period  for  financial  assistance  of  18  months  granted  by 
Council  Implementing  Decision  (EU)  2020/1354  should  be  extended  by  21  months 
and as  a consequence the total availability period should be 39 months starting from 
the first day after Implementing Decision (EU) 2020/1354 has taken effect. 

(33)  Portugal  and  the  Commission  should  take  this  Decision  into  account  in  the  loan 

agreement referred to in Article 8(2) of Regulation (EU) 2020/672. 

(34)  This Decision should be without prejudice to the outcome of any procedures relating 
to  distortions  of  the  operation  of  the  internal  market  that  may  be  undertaken,  in 
particular  under  Articles  107  and  108  of  the  Treaty.  It  does  not  override  the 
requirement  for  Member  States  to  notify  instances  of  potential  State  aid  to  the 
Commission under Article 108 of the Treaty. 

76 
77 

“Diário da República n.º 52/2020, 1º Suplemento, Série I de 2020-03-13”, pp. 2 – 13. 
“Diário da República n.º 22/2021, 2º Suplemento, Série I de 2021-02-02”, pp. 15 – 19. 

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(35)  Portugal  should  inform  the  Commission  on  a  regular  basis  of  the  implementation  of 
the planned public expenditure, in order to enable the Commission to assess the extent 
to which Portugal has implemented that expenditure. 

(36)  The  decision  to  provide  financial  assistance  has  been  reached  taking  into  account 
existing  and  expected  needs  of  Portugal,  as  well  as  requests  for  financial  assistance 
pursuant  to  Regulation  (EU)  2020/672  already  submitted  or  planned  to be  submitted 
by other Member States, while applying the principles of equal  treatment,  solidarity, 
proportionality and transparency,  

HAS ADOPTED THIS DECISION:  

Implementing Decision (EU) 2020/1354 is amended as follows:  

Article 1 

(1) 

Article 2 is amended as follows: 

(a)  paragraph 1 is replaced by the following:  

‘1.  The  Union  shall  make  available  to  Portugal  a  loan  amounting  to  a  maximum  of 
EUR 6 234 462 488.  The  loan  shall  have  a  maximum  average  maturity  of  15 
years.’; 

(b)  paragraph 2 is replaced by the following:  

‘2. The availability period for financial assistance granted by this Decision shall be 39 

months starting from the first day after this Decision has taken effect.’ 

(c)   paragraph 4 is replaced by the following:  

‘4.  The  first  instalment  shall  be  released  subject  to  the  entry  into  force  of  the  loan 
agreement provided for in Article 8(2) of Regulation (EU) 2020/672. Any further 
instalments shall be released in accordance with the terms of that loan agreement 
or, where relevant, be subject to the entry into force of an addendum thereto, or of 
an  amended  loan  agreement  concluded  between  Portugal  and  the  Commission 
replacing the original loan agreement.’; 

(2) 

Article 3 is replaced by the following:  

Portugal may finance the following measures: 

‘Article 3 

(a) 

(b) 

the  support  for  the  maintenance  of  employment  contracts  through  the 
temporary  interruption  of  work  or  reduction  of  normal  working  time,  as 
provided  for  in  Articles  298  to  308  of  “Law  No  7/2009  of  12  February”,  as 
further specified by Article 142 of “Law No 75-B/2020 of 31 December”; 

the  new  and  simplified  special  support  for  the  maintenance  of  employment 
contracts  through  the  temporary  interruption  of  work  or  reduction  of  normal 
working time, as provided for in “Decree-Law No 10-G/2020 of 26 March”, as 

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(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

last amended by Article 2 of “Decree-Law No 27-B/2020 of 19 June”, and as 
further specified by Article 142 of “Law No 75-B/2020 of 31 December”; 

the  special  vocational  programmes  for  the  maintenance  of  employment 
contracts  through  the  temporary  interruption  of  work  or  reduction  of  normal 
working time, as provided for in Articles 5(2)  and 7 to 9 of “Decree-Law No 
10-G72020 of 26 March”; 

the new special support for firms for the resumption of their business activities, 
as provided for in Articles 4 and 5 of “Decree-Law No 27-B/2020 of 19 June” 
and Article 14-A of “Decree-Law No 46-A/2020 of 30 July”, as last amended 
by  Article  2  of  “Decree-Law  No  32/2021  of  12  May”,  and  as  specified  in 
“Government Order No 102-A/2021 of 14 May”; 

the  new  income  stabilisation  supplement  for  employees  benefitting  from 
measures  referred  to  in  points  (a)  or  (b)  for  the  maintenance  of  employment 
contracts  through  the  temporary  interruption  of  work  or  reduction  of  normal 
working time, as provided for in Article 3 of “Decree-Law No 27-B/2020 of 19 
June”, as amended by Article 2 of “Decree-Law No 58-A/2020 of 14 August”; 

the  new  and  progressive  special  support  for  the  maintenance  of  employment 
contracts through the temporary reduction of normal working time, as provided 
for in Article 4 of “Decree-Law No 46-A/2020 of 30 July”, as last amended by 
Article 2 of “Decree-Law No 71-A/2021 of 13 August”; 

the  new  special  support  for  self-employed  persons,  informal  workers  and 
managers, as provided for in Article 26 of “Decree-Law No 10-A/2020 of 13 
March”, as last amended by Article 2 of “Law No 31/2020 of 11 August”, as 
well as Article 325-G of “Law No 2/220 of 31 March”, as added by Article 3 
of “Law No 24-A/2020 of 24 July”; 

the  new  family  allowance  for  employees  prevented  from  working  due  to  the 
need  to  assist  their  children  or  other  dependents  under  the  age  of  12,  or, 
regardless of age, with a disability or chronic illness, as provided for in Article 
23 of “Decree-Law No 10-A/2020 of 13 March”, as last amended by Article 3 
of “Law No 16/2021 of 7 April”; 

the new special support for the maintenance of trainers’ employment contracts 
in  the  light  of  the  cancellation  of  vocation  trainings,  as  provided  for  in 
“Government  Order  No  3485-C/2020  of  19  March”,  “Government  Order  No 
4395/2020 of 10 April”, and “Government Order No 5897-B/2020 of 28 May”; 

the  regional  employment-related  measures  in  the  autonomous  region  of  the 
Azores  as  provided  for  in  “Resolution  of  the  Council  of  the  Regional 
Government of the Azores No 97/2020 of 8 April”, “Resolution of the Council 
of  the  Regional  Government  of  the  Azores  No  120/2020  of  28  April”, 
“Resolution  of  the  Council  of  the  Regional  Government  of  the  Azores  No 
128/2020 of 5 May”, “Resolution of the Council of the Regional Government 
of  the  Azores  No  129/2020  of  5  May”,  “Resolution  of  the  Council  of  the 
Regional Government of the Azores No 195/2020 of 15 July”, “Resolution of 
the  Council  of  the  Regional  Government  of  the  Azores  No  196/2020  of  15 
July”  and  “Resolution  of  the  Council  of  the  Regional  Government  of  the 
Azores No 200/2020 of 17 July”; 

(k) 

the  regional  employment-related  measures  in  the  autonomous  region  of 
Madeira,  as  provided  for  in  “Resolution  of  the  Regional  Government  of 

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(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

(s) 

Madeira  No  101/2020  of  13  March”  and  “Ordinance  No  133-B/2020  of  the 
Vice-Presidency of the Regional Government of Madeira and of the Regional 
Secretariat for Social Inclusion and Citizenship of 22 April”; 

the  new  allowance  for  employees  and  self-employed  persons  that  were 
temporarily prevented from exercising their professional activities due to being 
in prophylactic isolation, as provided for in Article 19 of “Decree-Law No 10-
A/2020 of 13 March”, as amended by Article 2 of “Decree-Law No 62-A/2020 
of  3  September”,  and  Article  325-F  of  “Law  No  2/2020  of  31  March”,  as 
amended by Article 3 of “Law No 27-A/2020 of 24 July”; 

the  new  sickness  allowance  owing  to  the  contraction  of  COVID-19,  as 
provided  for  in  “Order  of  the  Ministers  of  Labour,  Solidarity  and  Social 
Security, and of Health No 2875-A/2020 of 3 March”, Article 20 of “Decree-
Law  10-A/2020  of  13  March”,  as  amended  by  Article  2  of  “Decree-Law  No 
62-A/2020  of  3  September”,  and  Article  325-F  of  “Law  No  2/2020  of  31 
March”, as amended by Article 3 of “Law No 27-A/2020 of 24 July”; 

the  purchase  of  personal  protective  equipment  to  be  used  in  the  workplace, 
notably in public hospitals, line ministries, municipalities and the autonomous 
regions of the Azores and Madeira, as provided for in “Norm No 012/2020 of 6 
May”, as amended on 14 May 2020, and “Norm No 013/2020 of 10 July”, as 
amended on 23 June 2020, both issued by the Portuguese Directorate-General 
for Health, as well as “Decree-Law No 10-A/2020 of 13 March”; 

the  school  hygiene  campaign  aimed  at  ensuring  the  safe  return  to  work  of 
lecturers,  other  staff  members,  and  students,  as  provided  for  in  “Decree-Law 
No 10-A/2020 of 13 March”; 

for  the  testing  for  the  contraction  of  COVID-19  of  inpatients  and  workers  of 
public  hospitals,  as  well  as  of  employees  of  nursing  homes  and  childcare 
facilities, as provided for in “Norm No 012/2020 of 6 May”, as amended on 14 
May 2020, and “Norm No 013/2020 of 10 July”, as amended on 23 June 2020, 
both issued by the Portuguese Directorate-General for Health; 

the  new  special  compensation  for  workers  in  the  National  Health  Service 
involved in  fighting the  COVID-19 outbreak, as provided for in  Article 42-A 
of  “Law  No  2/2020  of  31  March”,  as  amended  by  Article  3  of  “Law  No  27-
A/2020 of 24 July, and Article 291 of “Law No 75-B/2020 of 31 December”; 

the  new  extraordinary  support  scheme  for  self-employed  workers,  workers 
without  access  to  other  social  protection  mechanisms,  and  managers  whose 
income has been particularly affected by the COVID-19 pandemic, as provided 
for in Article 156 of “Law No 75-B/2020 of 31 December”, and subject to the 
conditions  set  out  in  points  (2)(c)  to  (f)  therein,  as  further  specified  in 
“Government  Ordinance  No  19-A/2021  of  25  January”,  and  as  extended  by 
Article 12 of “Decree-Law No 104/2021 of 27 November”; 

the  new  social  support  scheme  for  artists,  authors,  technicians  and  other  art 
professionals, as provided for in point 2.5.1 of “Annex to the Resolution of the 
Council of Ministers No 41/2020 of 6 June”, as further specified by Articles 10 
to 12 of “Government Ordinance No 180/2020 of 3 August”, and extended by 
Articles  5  to  7  of  “Annex  to  Government  Ordinance  No  37-A/2021  of  15 
February”; 

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(t) 

the hiring of additional health professionals and overtime work in the National 
Health Service to help address pandemic-related challenges, as provided for in 
Article 6 of “Decree-Law No 10-A/2020” of 13 March, and Articles 4 to 8 of 
“Decree-Law No 10-A/2021 of 2 February”.’ 

This Decision is addressed to the Portuguese Republic. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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