TUESDAY, JANUARY 3, 2023

Decree-Law No. 90/2022, of December 30

Publication: Diário da República n.º 251/2022, Series I of 2022-12-30 , pages 13 - 15

Issuer: Presidency of the Council of Ministers​
Proponent Entity: Presidency of the Council of Ministers
Publication Date: 2022-12-30

SUMMARY

Extends the validity of several documents

TEXT

Decree-Law no. 90/2022

December 30th

Summary: Extends the validity of several documents.

After the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,
the regime for the recognition and exchange of driving licenses laid down for driving permits issued by States is no longer applicable. Members of the
European Union or the European Economic Area. Likewise, the recognition regime provided for parking cards for people with disabilities, issued by the
authorities of the other Member States of the European Union that have adhered to Council Recommendation No. 98/376/EC , is no longer applicable. , dated
4 June.
Although the recent amendment to the Highway Code, implemented by Decree-Law n.º 46/2022 , of July 12th, recognizes driving licenses issued by Member
States of the Organization for Economic Cooperation and Development, which the United Kingdom is part of, it is necessary to maintain the transitional
regime for the recognition and exchange of driving licenses issued by the United Kingdom, approved by Decree-Law no. 25-B/2021 , of 30 March, and
amended by Decree-Law No. 109/2021, of December 7, as it justifies maintaining a special regime for the exchange of UK driving licenses that allows the
recognition of the categories contained in the title, while negotiations are maintained for the conclusion of a bilateral agreement between Portugal and the
Kingdom Kingdom on recognition and exchange of driving licenses.

It is also important to recognize parking cards for people with disabilities who are restricted in their mobility, issued by the United Kingdom, in order to
ensure access to areas dedicated to those who have difficulty moving around and who have already had their clinical situation diagnosed in the United
Kingdom. United.

Additionally, it is considered opportune to ensure the continuity of the regime established in Decree-Law No. 10-A/2020 , of March 13, in its current wording,
with regard to the serviceability of expired documents relating to the permanence in national territory. This measure stems from the fact that the COVID-19
pandemic had a significant impact on customer service, which resulted in an increase in pending issues regarding the granting and renewal of residence
permits. To that extent, it is imperative to ensure the validity of this regime until the end of 2023, in order to safeguard the transition of competences in
administrative matters, within the scope of the restructuring of the Aliens and Borders Service, approved by Law n.º 73/2021 , of November 12, in its current
version.

So:

Under the terms of paragraph a) of paragraph 1 of article 198 of the Constitution, the Government decrees the following:

Article 1

Object

Or this decree-law proceeds:

a) The forty-first amendment to Decree-Law No. 10-A/2020 , of March 13, in its current wording, which establishes exceptional and temporary measures
regarding the epidemiological situation of the new Coronavirus - COVID 19;

b) The second amendment to Decree-Law No. 25-B/2021 , of March 30, amended by Decree-Law No. 109/2021 , of December 7, which establishes a
transitional regime for the recognition and exchange of driving licenses issued by the United Kingdom.
Article 2

Amendment to Decree-Law No. 10-A/2020 , of March 13

Article 16 of Decree-Law No. 10-A/2020 , of March 13, in its current wording, is replaced by the following wording:

«Article 16.

[...]

1 - [...].

2 - [...].

3 - [...].

4 - [...].

5 - [...].

6 - [...].

7 - [...].

8 - Documents and visas relating to stay in national territory, whose validity expires from the date of entry into force of this decree-law or in the immediately
preceding 15 days, are accepted, under the same terms, until December 31, 2023.

9 - The documents referred to in the previous number continue to be accepted, under the same terms, after December 31, 2023, provided that the holder proves
that he has already scheduled the respective renewal.

10 - The regime provided for in paragraphs 8 and 9 does not apply to documents relating to stay in national territory issued under Resolution of the Council of
Ministers No. 29-A/2022 , of March 1, in its current wording , which sets out the specific criteria for granting temporary protection to displaced persons from
Ukraine.”
Article 3

Amendment to Decree-Law No. 25-B/2021 , of March 30

Articles 1, 2 and 8 of Decree-Law No. 25-B/2021 , of March 30, in their current wording, are replaced by the following wording:

«Article 1.

[...]

1 - (Previous body of the article.)

2 - The present decree-law also establishes a transitional regime for the recognition of parking cards for people with disabilities conditioned in their mobility,
issued by the United Kingdom.

Article 2

[...]

This decree-law applies to residents in Portugal who hold valid driving licenses issued by the United Kingdom and to holders of parking cards for people with
disabilities with limited mobility, issued by the United Kingdom.

Article 8

[...]

This decree-law enters into force on the day following its publication and will remain in force until December 31, 2023.»

Article 4

Amendment to Decree-Law No. 25-B/2021 , of March 30

Article 4-A is added to Decree-Law no. 25-B/2021 , of March 30, in its current wording, with the following wording:
«Article 4-A

UK parking card recognition

1 - Parking cards for people with disabilities, issued by the UK authorities, are recognized in Portugal.

2 - The regime established in Decree-Law No. 307/2003 , of December 10, in its current wording , applies to use, inspection and seizure .

3 - In the event of reasonable doubts as to the authenticity of the parking cards referred to in this article, it is up to the Mobility and Transport Institute, IP, to
verify the respective authenticity with the issuing entities.»

Article 5

effects production

This decree-law takes effect on January 1, 2023.

Article 6

Implementation

This decree-law enters into force on the day following its publication.

Seen and approved by the Council of Ministers on December 22, 2022. - António Luís Santos da Costa - João Titterington Gomes Cravinho - Pedro Nuno de
Oliveira Santos.

Enacted on December 23, 2022.

Go public.

The President of the Republic, Marcelo Rebelo de Sousa.

Countersigned on December 26, 2022.

The Prime Minister, António Luís Santos da Costa.

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