Competition Law in Tourism

TOURISM LAW AND COMPETITION – A PORTUGUESE PERSPECTIVE 451 On 5 May 2021 the Commission proposed a new instrument to address potential distortive effects of foreign subsidies in the Single Market which “aims at closing the regulatory gap in the Single Market, whereby subsidies granted by non-EU governments currently go largely unchecked, while subsidies granted by Member States are subject to close scrutiny. […] It is also a key element to deliver on the updated EU Industrial Strategy also adopted today, by promoting a fair and competitive Single Market thereby setting the right conditions for the European industry to thrive”96. Lastly, future operationalization of the recovery measures by Member States may entail state aid and Directorate-General for Competition (from the Commission) has already published State aid guiding templates to assist Member States in the design of their national plans under the Recovery and Resilience Facility (within the Next Generation EU)97, so as to optimize efforts with the administrative procedure. F. PORTUGUESE RESPONSE TO COVID-19 WITH IMPACT ON TOURISM F.1. Preliminary remarks Following the World Health Organization’s qualification of COVID-19 as a global pandemic and the declaration of a public health emergency on 11 March 202098, the President of the Portuguese Republic declared a state of emergency in the entire Portuguese territory99 (subsequently, it was renewed twice on 3 April and on 17 April). The declaration of a state of emergency was regulated through the temporary restriction of the freedom of movement, the freedom of economic initiative and worker’s rights, among others. The outermost regions of Azores and Madeira incorporated the same state and adopted complementary restrictive measures for their respective territories. A compulsory confinement of those infected was imposed, as well as a special duty of care for citizens at risk and citizens over 70-years of age, without forgetting a duty to stay at home by the remaining citizens (allowed to leave home only for certain permitted purposes). In addition, there was a shutdown of 96 Press release available at: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1982. 97 Information available at: https://ec.europa.eu/competition-policy/state-aid/coronavirus_en. 98 See above note 4. 99 Decree 14-A/2020, of 18 March.

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