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Contact
MSP in general
Ministry of the Sea:
Directorate General of Natural Resources, Safety and Maritime Services (DGRM)
Mr. José Manuel Marques
(Head of Marine Environment and Sustainability Department)
[email protected]
Directorate General for Maritime Policy (DGPM)
Mr. Paulo Machado
(Senior Technical Expert)
[email protected]
Autonoumus Region of Azores:
Directorate Regional for Maritime Affairs
Mr. Filipe Porteiro
Regional Director
[email protected]
Autonomus Region of Madeira:
Regional Directorate for Spatial Planning and Environment
Mr. Manuel Ara Oliveira
Deputy
[email protected]
Disclaimer:
The information contained in this document does not represent the official view of the European
Commission. It has been prepared for informational purposes only, and should not be considered legallybinding in any nature. The illustrative map shown on the cover and on page 1 should not be interpreted
as a legal representation of jurisdictional boundaries.
Date verified by the responsible MSP authority (or representative) of Portugal: 09.05.2016
Funding attribution:
The EU MSP Platform is financed by the EU Commission under the EMFF Workprogramme 2014. The EU
MSP Platform is a result of the action MSP Assistance Mechanism implemented by EASME on behalf of
DG-MARE.
Contractor: s.Pro sustainable-projects GmbH (Lead Partner), Ecorys, Seascape, University of Liverpool,
Thetis, NIMRD „Grigore Antipa”
Background Information
Basic facts on Marine Waters
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Portugal has one of the largest maritime areas in Europe. According to Law No. 17/2014 , related to
maritime special planning and management, the national maritime space extends from the baselines (as
defined by UNCLOS) to the outer limit of the continental shelf beyond 200 nautical miles, and is
organized geographically in the following sea areas:
a)
Between the baselines and the outer limit of the territorial sea;
b)
Exclusive economic zone;
c)
Continental shelf, including beyond 200 nautical miles.
Portugal submitted a claim to extend its jurisdiction over an additional 2.15 million square kilometers of
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the neighboring continental shelf in May 2009, which would result in a maritime area with a total of more
than 3,877,408 km.
Maritime Spatial Plan (MSP) authorities and legislation
General
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Responsibility for maritime affairs passed in 2015 to a new Ministry of the Sea .
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The Directorate General for Natural Resources, Safety and Maritime Services (DGRM) is responsible for
the coordination, preparation and development of the Situation Plan.
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The Regional Directorate for Spatial Planning and Environment of the Madeira Regional Government is
responsible for the preparation and development of the Situation Plan in maritime space adjacent to the
Madeira archipelago, between the baseline and the continental shelf until 200 nautical miles.
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The Regional Directorate for Maritime Affairs of the Azores Regional Government will be responsible for
the preparation and development of the Situation Plan in maritime space adjacent to the Azores
archipelago, between the baseline and the continental shelf up to 200 nautical miles.
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The Directorate General for Marine Policy (DGPM) chairs the advisory committee created to assist in the
preparation of the Situation Plan in the maritime zone between the baseline and the continental shelf
beyond 200 nautical miles (with the exception of the national maritime space adjacent to the Madeira and
the Azores archipelagos).
Planning on national level
There exists one national MSP study from 2011 (POEM) disseminated through the DGPM
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website.
Future MSP plans (Situation Plan and Allocation Plans) will be based on the Portuguese marine
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spatial planning and management framework: Law No. 17/2014 and Decree-Law No. 38/2015 .
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National MSP authority
Ministry of the Sea
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Regional MSP authority
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Regional Directorate for Maritime Affairs, Autonomous Region of the Azores
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Regional Directorate for Spatial Planning and Environment, Autonomous Region of Madeira
Details
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The Inter-ministerial Commission for Maritime Affairs (CIAM) brings together representatives of all the
concerned ministries. The autonomous regions of Madeira and Azores have exclusive and shared
competencies on maritime affairs together with the National Government.
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The National Ocean Strategy 2013-2020 is the public policy instrument in Portugal for the sustainable
development of the economic sectors related to the ocean. It presents a new model of development of
ocean and coastal areas that will allow Portugal to meet the challenges for the promotion, growth and
competitiveness of the maritime economy. Portugal's return to the sea depends on the implementation
of a strategy based on knowledge and technological progress and on the size and geography of the
emerged and submerged national territory, including the new extended dimension resulting from the
submitted proposal to extend the continental shelf beyond 200 nautical miles.
The Strategy points to the maritime spatial planning system and the compatibility of the different existing
and potential activities that may take place therein, along with the simplification of the respective
administrative procedures, as key operations to the implementation of the Strategy and for creating the
conditions necessary for the growth of maritime economy and environmental and social improvement.
Progress
In April 2014, Law No. 17/2014 on ‘marine spatial planning and management’ (LBOGEM) was approved
as the fundamental law for MSP for all the Portuguese maritime space, including the continental shelf
beyond 200 nautical miles. Its enabling legislation, Decree-Law No. 38/2015, entered into force on 12
March 2015, and develops the marine spatial planning and management fundamental law, defining,
among others, the regime of maritime spatial planning instruments and the private use of maritime space
regime. This is seen as a framework of the Planning and Management of the National Maritime Space,
following the MSP study Planning and Ordering of Maritime Space “POEM”, published in late 2012.
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In 2015, Order No. 11494/2015 established the beginning of the preparation and development of the
Situation Plan, the Portuguese MSP, defining the competent authorities for preparation and support of
the process.
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In 2014, the publication of the fundamental law of Land, Terrestrial Planning and Urbanism (Law No.
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31/2014) changed the territorial management system. The land system is separated from the maritime
space system although the systems should be integrated. According to the law, the Coastal Zone
Management Plans which considerer a “maritime zone of protection” will be renamed Programs Coastal
Zone (POC), keeping its nationwide status, but taking a more programmatic level; this safeguards natural
resources and values through guiding principles and standards and management. Decree-Law No.
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80/2015
regulates this fundamental law.
Overview of MSP-related uses and issues
The National Ocean Strategy 2013-2020, according to its action plan, refers to the following maritime
activities:
Natural Living Resources:
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Fisheries and fishing Industries
Aquaculture
Marine biotechnology
Natural Non Living Resources
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Marine mineral resources
Marine energy resources
Infrastructures, uses and activities
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Ports, transport and logistics
Recreation, sports and tourism
Shipbuilding, maintenance and repairs
Coastal defence
The action plan also focuses on activities related to knowledge of the ocean and the atmosphere and
scientific research in different domains and to some administrative and governance aspects.
The national MSP framework establishes also the regime for private use of the maritime space of the
following uses and activities:
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Aquaculture
Marine biotechnology
Marine mineral resources and related infrastructures
Marine energy resources and renewable energies and related infrastructures
Infrastructures
Scientific research
Recreation, Sports and Tourism
Underwater cultural heritage
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Maritime Spatial Plans
Existing Maritime Spatial Plans
No legally binding official plan
Pilot plans or projects
Not legally binding:
POEM (2011) Plano de Ordenamento do Espaço Marítimo: Volume 1. Scope; Volume 2. MSP proposal,
including maps; Volume 3. Strategic Environmental Assessment report; Volume 4. Non technical resume;
Volume 5. Diagnostic and technical report; and Synthesis Volume.
Initially, POEM was developed as a sectoral plan, under the coordination of the former Water Institute
(INAG) between 2009 and 2011, covering maritime space adjacent to mainland Portugal (EEZ included),
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finalised by DGPM . Under Order No.14449/2012, this was granted not the status of a planning
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instrument, but a study on the uses and activities that take place in the Portuguese maritime space.
POEM included the following maritime sectors:
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o
o
o
o
o
o
o
o
o
o
o
Shipping
Ports
Mineral extraction
Oil and gas exploitation
Offshore renewable energy production
Fishing
Aquaculture
Tourism (incl. recreation and sports)
Under water cultural heritage
Nature protection
Military
Submarine cables and pipelines
Portugal was involved in coordinating the European Commission-funded project “TPEA – Transboundary
Planning in the European Atlantic”, involving UK, Ireland, Portugal and Spain, and developed a proposal
for a Geoportal, for data sharing between Member States (Portugal-Spain) and further explored
methodologies for cross border cooperation and coordination with the adjacent coastal zone. This
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project was completed in May 2014 and a good practice guide was published.
– Gulf of Cadiz, was around the Iberic nations’ southern borders.
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One pilot area, Algarve
Aspects of the MSP process
Sustainable development and growth in the maritime sector
Law No. 17/2014 introduced a new and larger concept of the Portuguese territory while recognizing, at
the same time, that uses and activities in the national maritime space must be subject to coherent and
efficient spatial planning and management. These included integrating the environmental, social and
economic dimensions.
Ecosystem-based approach (EBA)
The main objective of the POEM was to “provide an overview based on the principle of
sustainable development, the precautionary principle and the ecosystem approach in
planning, through the review and planning of the present and future uses, allowing
supporting a truly integrated, progressive and adaptive management of the ocean and coastal zone and
the activities associated with them. This principle is also established in the Law No. 17/2014.
Co-existence of uses
POEM developed an approach for compatibility of uses and activities. There are cases
of co-existence of uses in the maritime space namely aquaculture and subaquatic
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activities
and an experimental project on the co-existence of a wind platform and
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aquacultures was defined .
Resilience of climate change impacts
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The National Strategy for Climate Change Adaptation (ENAAC) focused initially on
reducing the impacts on the coastal zone, and were considered a set of measures to
prevent the effects in this area. The update of this strategy (ENAAC 2020, approved by
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the Council of Ministers Resolution No. 56/2015), created a special working group for the coastal zone
and sea, and adaptation measures due to take place until 2020 are in development, namely to prevent
and monitor the effects of climate change on land and sea.
Land-sea interactions
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The Coastal Zone Management Plans (POOC)
covers almost all the Portuguese
coastal zone and considers “a terrestrial zone of protection” from the coast line until
500 m and a “maritime zone of protection” extending until the bathymetry of 30 m.
According the ICZM UE Recommendation 2002/413/CE, Portugal approved in 2009 the National strategy
for integrated coastal zone management, (Council of Ministers Resolution No. 82/2009) and is currently in
revision.
One of the principles established in Law No. 17/2014, requires maritime spatial planning to be coherent
with coastal management. In addition, one of the objectives of the law refers to the protection and
recovery of coastal ecosystems.
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Maritime space for the purpose of the application of Law No. 17/2014 is defined in its Article 2: the
Portuguese maritime space extends from the baselines to the outer limit of the continental shelf beyond
200 nautical miles. Baselines are defined in accordance to UNCLOS as the low-water line along the coast
as marked on large-scale charts officially recognized; and in the mouths of rivers that flow directly into the
sea and in the sea and in open coastal lagoons.
In 2014, as referred before the Law No. 31/2014 changed the territorial management system. According
to the law, the special plans (which include POOC) shall be renamed Programs Coastal Zone (POC),
keeping its nationwide, but taking a more programmatic level, establishing only safeguard schemes
natural resources and values through guiding principles and standards and management.
The two planning regimes mentions in their dispositions the need to articulate the existing instruments in
land an on sea.
Account for multiple aspects
Relevant aspects considered include the activities and concerns referred to in section 1.3. Portugal has
undertaken sectoral plans (e.g. for offshore renewable) that have identified opportunity zones where
there are minimal conflicts and areas with a high level of potential conflicts. These exercises have often
been supported by SEAs which have provided stakeholders an opportunity to highlight issues or win-win
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situations.
Coherence with other processes
Marine Strategy Framework Directive (MSFD)
Draft versions of the Marine Strategies were available online and in the offices of DGRM for consultation
and comments in 2012. The public participation process for the Monitoring Programmes and
Programmes of Measures was also developed. The Programmes were submitted to the Commission and
are available online and in the offices of the DGRM for consultation.
Integrated Coastal Zone Management (ICZM)
The revision of the regional Coastal Zone Management Plans is ongoing and expected to be concluded
by 2016. Decree-Law No.159/2012, regulating the elaboration and implementation of the POOC, the
definition of protection levels and the delimitation of protection areas, within the context of integrated
coastal management, will be also subjected to a revision to take into account the dispositions of the
Decree-Law No. 80/2015.
Strategic Environmental Assessment
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Plans and programs are subjected to Strategic Environmental Assessment
according to Decree-Law
No. 232/2007 (amended by Decree-Law No. 58/2011), that transposed Directive 2001/42/CE. During the
preparation of POEM was developed a Strategic Environmental Assessment according the law,
comprising a period for public consultation.
The new MSP framework establishes that the Strategic Environmental Assessment is mandatory for the
Situation Plan. The Allocation Plans are submitted to Environmental Impact Assessment (EIA) according to
the correspondent legal regime.
Stakeholder Involvement
The draft version of POEM was available online and in the offices of the ex- Water
Institute (INAG) for consultation and comments between 29 November 2010 and 22
February 2011. A series of thematic workshops were also organised in different coastal
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locations, focusing on the following topics: Navigation and transports, Fisheries and aquacultures,
Tourism and sports, Defence and national safety, and scientific research.
Portugal also participated in the EU project for Transboundary Planning European Atlantic (TPEA), which
includes joint work with Spain in the Algarve-Gulf of Cadiz. In the context of this project, 3 main
workshops took place at key moments. The workshops took place in both countries and stakeholders
were invited from public entities with jurisdiction in the licensing and inspection of activities and uses of
marine space and the marine and/or coastal zone, and representative organisations from the relevant
sectors from both countries. Partners and advisors were also invited. The first workshop was held in
Portugal in March 2013 in the very beginning of the project within the Initial Assessment, leading to a
summary and analysis of stakeholder perceptions of needs and opportunities and suitable locations for
cross-border MSPA. The second joint Spain-Portugal workshop was held in Huelva (Spain) in November
2013, and the main features of the transboudary area of Algarve-Gulf of Cadiz were presented and
discussed. The third and final workshop was held in Tavira in March 2014 (Portugal) to discuss the
different scenarios defined for the cross-border maritime spatial plan.
Use of best available data
Significant progress in integrated data management seems underway. POEM collected
a significant amount of information related to the marine features and maritime uses
and activities, most of them georeferenced, which is considered a reference in this
domain.
The MSFD reports, from all the Portuguese maritime space represent also an important step in the use of
the best available data, and update the POEM information.
Trans-boundary cooperation
The EC-funded project Transboundary Planning European Atlantic (TPEA), included
joint working between Spain and Portugal in the Algarve-Gulf of Cadiz pilot area.
Cooperation with third countries
Portugal signed in 2015 a Memorandum of Understanding with the Republic of Cabo Verde, which
includes cooperation in the MSP domain.
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Sources
Relevant legislative acts
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Portuguese marine spatial planning and management framework: Law No. 17/2014 and DecreeLaw No. 38/2015
Order No.11494/2015, establishing the development of the Situation Plan for all Portuguese
maritime space with the exception of space adjacent to the Azores.
Order No. 14449/2012, disseminating POEM
National Ocean Strategy 2013-2020: Council of Ministers Resolution No.12/2014
Specific citations
i
https://dre.pt/application/file/570634
ii
http://www.un.org/Depts/los/clcs_new/submissions_files/prt44_09/prt2009executivesummary.pdf
iii
http://www.portugal.gov.pt/pt/ministerios/mm.aspx
iv
http://www.dgrm.mam.gov.pt/xportal/xmain?xpid=dgrm
v
http://www.madeira.gov.pt/sra/Estrutura/Dire%C3%A7%C3%B5es-Regionais
vi
http://www.azores.gov.pt/Portal/pt/entidades/srmct-dram/
vii
http://www.dgpm.mam.gov.pt/Pages/default.aspx
viii
http://www.dgpm.mam.gov.pt/Pages/POEM_PlanoDeOrdenamentoDoEspacoMarinho.aspx
ix
https://dre.pt/application/file/66734680
x
https://dre.pt/application/file/73882326
xi
http://www.dgpm.mam.gov.pt/Pages/ENM_2013_2020_EN.aspx
xii
https://dre.pt/application/file/70681884
xiii
https://dre.pt/application/file/25346138
xiv
https://dre.pt/application/file/67212910
xv
http://www.dgpm.mam.gov.pt/Pages/POEM_PlanoDeOrdenamentoDoEspacoMarinho.aspx
Frazão Santos, C., Domingos, T., Ferreira, M.A., Orbach, M. & Andrade, F. (2014) How sustainable is sustainable marine spatial
planning?PartI!:thePortugueseexperience,MarinePolicy49,48–58
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xvii
http://www.tpeamaritime.eu/wp/wp-content/uploads/2014/11/TPEA_bestpract_34_download.pdf
xviii
http://www.tunipex.eu/pt/tuna_diving_tours.php
xix
http://ostralusa.weebly.com/
xx
https://dre.pt/application/dir/pdf1sdip/2010/04/06400/0109001106.pdf
xxi
https://dre.pt/application/file/69906414
xxii
http://www.apambiente.pt/index.php?ref=16&subref=7&sub2ref=10&sub3ref=94
xxiii
Payne, I., Tindall, C., Hodgson, S. Harris, C. (2011): Comparative analysis of Maritime Spatial Planning regimes,
barriers and obstacles, good practices and national policy recommendations . Seanergy 2020 Project, D 2.3
xxiv
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http://www.apambiente.pt/index.php?ref=17&subref=147&sub2ref=213
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