Aquaculture Activity Title (TAA): In the case of aquaculture, the establishment of establishments has new rules. Since April 5, 2017, the private use of the maritime space for aquaculture has been decided within the scope of the request for the attribution of an Aquaculture Activity Title (TAA), pursuant to Decree-Law no. 40/2017, of April 4.
Permits for Private Use of the National Maritime Space (TUPEM)
Typologies of the assigned TUPEM:
- Energy Resources - Exploration of Renewable Energies
- Energy Resources - Research, Exploration and Exploration of Gas and Oil
- Scientific investigation
- Recreation, Sport and Tourism
- Immersion of Waste / Dredging
- Infrastructure and Equipment
- Other Uses or Activities of an Industrial Nature
See here all the TUPEMs assigned.
What is the private use of maritime space?
It is the use by reserving an area or volume for the use of the marine environment or resources or ecosystem services superior to that obtained by common use and that results in an advantage for the public interest.
The right to private use of the national maritime space is granted by concession, license or authorization, regardless of the nature and legal form of its holder. It is formalized in the form of 'title of private use of the maritime space', briefly TUPEM.
The concessions, licenses and authorizations for private use of the national maritime space are granted for a certain period, which is fixed taking into account the nature and size of the project, and in some cases (concessions) the period of time necessary for amortization and remuneration, being contractually foreseen extensions are permitted, up to a maximum limit of 50 years.
The private use of the national maritime space that makes prolonged use of an area or volume is subject to prior concession. Prolonged use is understood to be done uninterruptedly and lasting 12 months or more. The concession may have a maximum duration of 50 years. The concession fee is due for the private use of the national maritime space, except for the private use for the revelation and use of geological and energy resources.
The private use of the national maritime space that makes temporary, intermittent or seasonal use of a reserved area or volume is subject to the license. Temporary use is understood to mean use that is less than 12 months and intermittent or seasonal use is one that is only developed during one or more discontinuous periods of a calendar year. The license has a maximum duration of 25 years. The license fee is due for the private use of national maritime space.
The private use of the national maritime space is subject to authorization in the scope of scientific research projects and pilot projects related to new uses or technologies or pilot projects of activities without a commercial character, without prejudice to legislation related to marine scientific research, in the scope of norms and principles of international law and international conventions that are in force in the domestic legal order and that bind the Portuguese State.
The attribution of TUPEM is subject to the provision of security deposit under the terms of article 66 of Decree-Law no. 38/2015, of 12 March, and Ordinance no. 125/2018, of 9 May. Under the terms of no. 1 of article 4 of Ordinance no. 125/2018, of 9 May, the holder of private use of the national maritime space must provide security in favor of DGRM, until the effective use of or activity or until the start date of the work or installation of the mobile structures, as applicable. The security may be provided by cash deposit, bank guarantee, surety bond, financial guarantee or equivalent financial instrument, according to the models approved by the Directorate-General for Natural Resources, Safety and Maritime Services (DGRM):
Minuta de garantia bancária
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Minuta de seguro caução
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Minuta de depósito caução
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Geoportal - Maritime Spatial Plan
Access the geoportal to find out in detail the uses and activities that occur in the national maritime space.
|Ordinance No. 239/2018, of 29 August - Establishes the minimum conditions to which compulsory non-contractual civil liability insurance for holders of titles for private use of the national maritime space provided for in Article 67 of Decree-Law must comply 38/2015, of 12 March, with the changes introduced by Decree-Law no. 139/2015, of 30 July||Ordinance No. 239/2018 |
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|Ordinance No. 128/2018, of 9 May - Regulates, pursuant to paragraph 4 of article 78 of Decree-Law No. 38/2015, of 12 March, with the changes introduced by Decree-Law Law No. 139/2015, of 30 July, the base value of the components of the fee for the private use of the national maritime space (TUEM) and its calculation formula||Ordinance No. 128/2018 |
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|Ordinance No. 125/2018, of May 8 - Regulates, pursuant to paragraph 5 of article 66 of Decree-Law No. 38/2015, of March 12, with the changes introduced by Decree-Law Law No. 139/2015, of 30 July, the regime and the amount of the deposit intended to guarantee the maintenance of the physical-chemical and biological conditions of the marine environment and to ensure, at the moment of the termination of the right of private use, to removal of works and mobile structures inserted in the area or volume assigned to the title||Ordinance No. 125/2018 |
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|Decree-Law No. 139/2015, of July 30th - Proceed with the first amendment to Decree-Law No. 38/2015, of March 12th, which develops Law No. 17/2014, of April 10th , which establishes the Basis for the Policy for the Planning and Management of the National Maritime Space, and transposes Directive No. 2014/89 / EU, of the European Parliament and of the Council, of 23 July 2014, which establishes a framework for the maritime spatial planning||Decree-Law No. 139/2015 |
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|Decree-Law no. 38/2015, of 12 March - Develops Law no. 17/2014, of 10 April, which establishes the Basis for the Policy for the Planning and Management of the National Maritime Space||Decree-Law no. 38/2015 |
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|Order No. 11494/2015, of 14 October (Office of the Minister of the Sea) - The Directorate-General for Natural Resources, Safety and Maritime Services (DGRM) is responsible for preparing the situation plan in the area of the national maritime space, except of the areas of the national maritime space adjacent to the archipelagos of Madeira and the Azores and to the Regional Directorate for Spatial Planning and Environment, of the Regional Secretariat for the Environment and Natural Resources of the Regional Government of Madeira, the elaboration of the situation plan in the area of the maritime space national park adjacent to the archipelago of Madeira between the baselines and the continental shelf up to 200 nautical miles||Order No. 11494/2015 |
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|Law no. 17/2014, of 10 April - Establishes the Basis for the Policy for the Planning and Management of the National Maritime Space (LBOGEM)||Law no. 17/2014 |
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|Resolution of the Council of Ministers no. 12/2014, of 12 of February - Adopts the National Strategy for the Sea 2013-2020 (ENM 2013-2020)||Resolution of the Council of Ministers no. 12/2014 |
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