Legal provisions of COM(2022)3 - Amendment of Decision 2020/1354 granting temporary support under Regulation (EU) 2020/672 to Portugal to mitigate unemployment risks following the COVID-19 outbreak

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Article 1

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

(1)Article 3 is replaced by the following:

‘Article 3

Portugal may finance the following measures:

(a)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’;

(b)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’ and Article 2 of ‘Decree-Law No 27-B/2020 of 19 June’, as amended by Article 142 of ‘Law No 75-B/2020 of 31 December’;

(c)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-G/2020 of 26 March’;

(d)the new special support for firms for the resumption of business activity, as provided for in Article 4(1) to (7) and (10) to (12) and Article 5 of ‘Decree-Law No 27-B/2020 of 19 June’, and in Article 14-A of ‘Decree-Law No 46-A/2020 of 30 July’, as added by Article 4 of ‘Decree-Law No 6-C/2021 of 15 January’, and as specified in ‘Government Order No 102-A/2021 of 14 May’;

(e)the new income stabilisation supplement for employees covered by either the support schemes referred to in points (a), (b) or (c) 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 ‘Decree-Law No 58-A/2020 of 14 August’;

(f)the new and progressive special support for the maintenance of employment contracts through the temporary reduction of normal working time as provided for in ‘Decree-Law No 46-A/2020 of 30 July’, as amended by Article 142 of ‘Law No 75-B/2020 of 31 December’;

(g)the new special support for the self-employed, informal workers and managing partners as provided for in Articles 26 to 28-A of ‘Decree-Law No 10-A/2020 of 13 March’, as amended by Article 5 of ‘Decree-Law No 20-C/2020 of 7 May’, and Article 325-G of ‘Law No 2/2020 of 31 March’, as added by Article 3 of ‘Law No 27-A/2020 of 24 July’;

(h)the family allowance for employees prevented from working due to the need to assist their children under 12 years of age or other dependents, as provided for in Article 23 of ‘Decree-Law No 10-A/2020 of 13 March’;

(i)the special support for the maintenance of trainers’ employment contracts in the light of the cancellation of vocational trainings as provided for in ‘Government Order No 3485-C/2020 of 17 March’, ‘Government Order No 4395/2020 of 10 April’ and ‘Government Order No 5897-B/2020 of 28 May’;

(j)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 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’;

(l)the allowance for employees and self-employed in prophylactic isolation as provided for in Article 19 of ‘Decree-Law No 10-A/2020 of 13 March’ and Article 325-F of ‘Law No 2/2020 of 31 March’, as added by Article 3 of ‘Law No 27-A/2020 of 24 July’;

(m)the sickness allowance owing to the contraction of COVID-19 as provided for in ‘Government Order No-2875-A/2020 of 3 March’, Article 20 of ‘Decree-Law No 10-A/2020 of 13 March’ and Article No 325-F of ‘Law No 2/2020 of 31 March’, as added by Article 3 of ‘Law No 27-A/2020 of 24 July’;

(n)the purchase of personal protective equipment to be used in the workplace, notably in public hospitals as provided for in ‘Norm No 012/2020 of 6 May’, as amended on 14 May 2020, and in ‘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 in line ministries, municipalities and the autonomous regions of the Azores and Madeira as provided for in Article 3 of ‘Decree-Law No 10-A/2020 of 13 March’;

(o)the school hygiene campaign as provided for in Article 9 of ‘Decree-Law No 10-A/2020 of 13 March’;

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

(q)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 added by Article 3 of ‘Law No 27-A/2020 of 24 July’, and in Article 291 of ‘Law No 75-B/2020 of 31 December’;

(r)the 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’;

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

(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 in Articles 4 to 8 of ‘Decree-Law No 10-A/2021 of 2 February’.’;

(2)Article 4 is replaced by the following:

‘Article 4

1. Portugal shall inform the Commission by 30 March 2021, and every six months thereafter of the implementation of the planned public expenditure until that planned public expenditure has been fully implemented.

2. Where measures referred to in Article 3 are based on planned public expenditure and have been subject to an implementing decision amending this Decision, Portugal shall inform the Commission within six months of the date of adoption of that amending implementing decision, and every six months thereafter of the implementation of the planned public expenditure until that planned public expenditure has been fully implemented.’.

Article 2

This Decision is addressed to the Portuguese Republic.

This Decision shall take effect on the date of its notification to the addressee.