Summary
Details
- Portugal
Legally binding for:
Public authorities responsible for maritime planning and licensing.
Developers and operators proposing activities in the national maritime space (alignment with plan constraints is a core permissibility condition).
Activities outside the defined maritime scope are not covered.
Project-specific flexibility is limited and typically requires formal planning and/or licensing justification.
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What’s Required
Portugal regulates the planning and management of the national maritime space through a dedicated marine spatial planning (MSP) framework, aligned with the EU MSP Directive.
Key requirements include:
Establishment of a marine spatial planning and management system applying to Portugal’s maritime space (including territorial waters and wider jurisdictional areas).
Development and maintenance of the Maritime Spatial Plan as an instrument defining the spatial and temporal distribution of existing and potential uses (energy, fishing, conservation, security, cables/pipelines, etc.).
Coordination of licensing decisions with MSP allocations, constraints, and protected areas considerations (including biodiversity and underwater cultural heritage references in MSP materials).
Important Deadlines
Before authorisation/licensing: projects in marine areas must align with applicable MSP instruments and constraints (project-driven timing).
MSP plan updates follow administrative cycles and national/EU governance requirements.
Current Status
In force since 2015 and positioned as Portugal’s enabling MSP legislation, including EU alignment.
Penalties for Non-Compliance
Permit refusal, suspension, or annulment where MSP alignment is not demonstrated.
Orders to cease unauthorised activity and restore affected areas, depending on the enforcement route applied.
Examples of Known Violations
Proposing or carrying out marine works without the appropriate authorisation aligned with MSP constraints (leading to refusal or enforcement action).
Inadequate integration of conservation or compatible-use constraints during project design triggers legal challenges and delays.
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