Key Benefits:
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PROPOSED LAW NO. 96 /X
Exhibition of Motives
The occupation and use of land, services and equipment at airports, as well as
the exercise of any activity in their respective areas, by settling on the use
deprivation of goods from the public domain, is governed in our legal planning by
administrative law standards designed to ensure, in a prevalent manner, the
realization of the collective interest and its primacy over particular interests.
The experience meanwhile accumulated comes, however, by demonstrating and evidencing the
disadjustment of the solutions set out in the Decree-Law No. 102/90, 21
of March, however amended by Decree-Law No. 280/99 of July 26 to the requirements
hodiernas of best attracting capital and private initiative, as well as from better
harnessing and surrendering the management and use of the airport areas, with
special focus on the development of business, services and activities not
directly associated with the airport activity.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Subject
The government is granted legislative authorization for, in the framework of the licensing of
occupation and use of land, services and equipment, as well as the exercise of
any activity in the areas of the airport public domain, revise the Decree-Law
n. 102/90 of March 21, as amended by Decree-Law No. 280/99 of July 26.
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Article 2.
Sense
The authorisation referred to in the previous article is granted in the sense of allowing the
consecration of solutions and tools for the management and use of airport areas
more dynamic and flexible, which allow to ensure an intervention capacity of the
respective managing entities more efficient, more productive and better adapted to the
development of airport and non-airport activities in these areas.
Article 3.
Extension
The revision of the existing legislation in the terms of the authorization conferred through the
present law shall establish:
a) New forms of selection of holders of land tenure permits,
editions or other facilities and exercise of any activity in the area of
airports and public aerodromes, eliminating the rule of tendering requirement
public for assignment of licences and broadening the possibilities of choice of
licence holders independently of tendering, specifically when:
i. The previous procedure used for the same purpose has been deserted,
no candidature has been admitted or all applications have been accepted
presented have been deemed unacceptable;
ii. The licence must be assigned to a given entity on the grounds of
technical specificity, protection of exclusive rights or
intellectual property, or yet for reasons of imperative imperative urgency
of unforeseeable events for the licensor entity, and to the extent
of the strictly necessary;
iii. Land, facilities or venues to be licensed are intended for activities that
are supplementary, extensions, or extensions of another realized (s)
by the same holder and already the subject of previous licensing or show
inconvenience on grounds of commercial, safety or otherwise
operationality of the airport or aerodrome, the existence simultaneously of
several licensed entities for the same purpose;
iv. Whether it deals with licensing of area sites equal to or less than 50 m2,
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regardless of the end to which they are intended.
b) New deadlines for the duration of the licences in accordance with the following rules:
i. The initial term of the licence duration shall not, as a rule, be higher than
five years;
ii. The global period of duration of licences, including possible extensions,
must not be more than 20 years;
iii. The licences that involve the realization of significant investments by the
their holders in the deployment of constructions, installations or equipment
necessary to the licensed activities, or in the exercise of activities of
special complexity, the amortization of which requires a maturity of more than five
years, may be heard for an initial term not exceeding 40 years, no
may this time limit and their extensions exceed, in any case, 50
years.
c) Standards that safeguard the control, by the conceding entity, of the realization of
any operations on the goods the use of which it is granted, in the form of a
prior authorization regime;
d) Standards that ensure the responsibility of licence holders by the
maintenance, repair, conservation and safety of land, constructions and
licensed facilities;
e) Standards that safeguard that the staff of licence holders are subjected to the
oversight by public entities with jurisdiction over the area;
f) Standards that carry out the possibility of transmission and burdening of licences,
safeguarding the need for permission by the conceding entity and the
requirement of suitability requirements on the part of the competitor;
g) A regime of vicissitudes of the licences that ensures the relevance of the interest
public and possess on the compensation scheme for the holders, determining the
ressarcibility of the damage suffered by realisation of investments not
amortized, but admitting caveats by law, license or agreement;
h) A scheme for setting fees for the use of the airport public domain,
that clarifies the allocation of responsibilities between the licensor entities and
the National Institute of Civil Aviation and which constract a regime of non-subjection to
rates of public entities with responsibilities for national defence,
safety, civil protection and related;
i) A scheme for the guarantee of the claims of public entities relating to fees and
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respective interest of mora, which allows the establishment of privileges
receivables and the disposal of the assets of the debtors.
Article 4.
Duration
The present legislative authorization has the duration of 90 days.
Seen and approved in Council of Ministers of September 21, 2006.
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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Decorations more than 15 years on the publication of the Decree-Law No. 102/90, 21 of
March, which approves the legal regime of the licensing of the disenfral use of the goods of the
airport public domain and the exercise of activities at airports and
public aerodromes, and which was meanwhile changed by the Decree-Law No. 280/99, 26 of
July, it is apparent that that one finds itself unfit to the new realities and activities
relevant socio-economic, constituting himself, often, an obstacle to the
reformulation, aiming at better harnessing and surrendering management and
use of the airport areas, in particular through the materialization of
attracting and fastening operations, in the vicinity of airports, investment and
Entrepreneurship initiative.
It is therefore important to implement more efficient forms and tools of management and
operation of airport spaces, which allow for development, consolidation
and expansion, at the airport perimeter, of more business, services and activities
usually known as non-aviation By the complementary synergies
arising from the respective attraction of capital and initiative.
In this sense, it is intended to materialize more flexible legal hiccups that, having
present the complexity and the interest of the developed activities, enable the
more efficient and cost-efficient dynamisation and leavening of service provision and
existing products at airports and public aerodromes, specifically
diversifying them by new non aviation areas, as well as providing the respective
managing entities of a more agile responsiveness and commercial intervention and
better adapted to the different solicitations and, to that extent, more productive and effective.
For this purpose, various innovations and changes in the legal regime are introduced.
constant of Decree-Law No. 102/90 of March 21, of which stands out the adoption of
new procedures, more Celres and simplified, selection and allocation of licences
to private individuals, as well as the consecration of the possibility of extension of the term
initial of the licences when the attraction and investment fixation is involved
particular relevant or significant, specifically in the deployment of constructions,
facilities or equipment, or in the exercise of activities of particular complexity.
It is further signed up to the clarification made in respect of the universe of rights and
duties that assist all parties involved in the legal relationships titled by the
licences, in particular in what concerne to the building by private individuals in the spaces
airports, to the constitution of real and obligational guarantees as well as to the
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transmission and cessation of licences.
It is also signed the clarification carried out in relation to the object and scope of the situations
of exemption from fees referred to in Article 16 (2) of the Decree-Law No. 102/90, 21 of
March, which go on to focus only on the minimum areas and means of transport
officers or of the service that the public authorities indicated in that legal precept
need for the exercise of their assignments at airports.
It stands out, too, the more rigorous delimitation that has been carried out as to the scope of
intervention of the National Institute of Civil Aviation (INAC) in the fixation of the
quantitative of the rates, by cinging it only to those regarding the occupation and exercise
of activities in which, by its nature and object, that Institute possesses competences
and powers of regulation.
It stands out by end, the normative densification adopted for legal figures, already
provided for in the Decree-Law No. 102/90 of March 21, although not regulated, of the
suspension of licences and retention of goods for payment of the amounts in debt
in the situations of default by their holders of their respective obligations.
Thus:
In the use of the legislative authorization granted by the article ... of the Law n.., de ....., and in the
terms of the point b) of Article 198 (1) of the Constitution, the Government decrees the
next:
Article 1.
Amendment to Decree-Law No 102/90 of March 21
Articles 2, 3, 5, 8, 10, 12, 13, 14, 15, 16, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20
21, 23, 24, 26, and 31 and 31 of the Decree-Law No. 102/90 of March 21, which
discipline the licensing of the privative use of the goods from the airport public domain
and of the activities developed at the public airports and aerodromes, with the
amendments introduced by Decree-Law No. 280/99 of July 26, pass to
following wording:
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" Article 2.
1-A The license is, in principle, bestoed upon procedures of
competitive selection, aiming at choosing the proposals that prove to be
more suitable, in each case, to the public interest and operationality of the
airport operation, observed the constant provisions of the figures
following.
2-A outward of the licence will be preceded by negotiation with publication
prior announcement of announcement, specifically, when:
a) The size of the market and the existing demand, or the greatness of the
investments involved, do not require the outoring of the licences upon
concursal procedures;
b) The morosity, complexity and procedural guarantees of the
tendering procedures are demonstrably incompatible
with the objectives and results intended for the licensing, or
still with the economic, commercial or operational interest of the
airport operation in that case;
c) The technical complexity of activities or investments
involved require a pre-assessment of technical capabilities,
commercial, financial and administrative entities of the interested entities,
that it is impossible to accomplish or realize, in an effective manner or
efficient, through other selection procedures;
d) The economic, commercial and operational interest of the farm
airport, or the actual demand existing, justifies it in the
concrete case.
3-A outward of the licence must be preceded by consultation when:
a) Following concursal procedures, trading or other, the
previous procedure used for the same end has been
desert, no candidature has been admitted, or all
presented proposals have been considered unacceptable, and since
that the initial conditions of selection and outoring are not
substantially altered;
b) The nature of the activities to be carried out or the contingencies to them
inherent do not allow or justify the definition of specifications
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necessary for your award in accordance with the procedures of
contest and negotiation.
4-Without prejudice to the provisions of the preceding paragraphs, they shall be bestoed by
direct adjustment the licences referring to the occupation and or use of:
a) Land, facilities and places intended for the exercise of activities
direct and immediately related to the support for departure and arrival
of aircraft, as well as boarding, disembarkation and
forwarding of passengers, cargo or mail;
b) Land and facilities for the exercise of the activities of
assistance in scale, in particular those of supply of
fuels and lubricants, of supply, repair and
maintenance of aircraft and others of identical nature;
c) Land and facilities intended for public services;
d) Land and facilities for entities that carry out activities
of public interest;
e) Places intended for advertising activity and similar activities.
5-The managing entities of the airports and public aerodromes will be able to
still, grounded, outoring licences by direct adjustment,
specifically when:
a) The license must be assigned to a given entity on grounds
of technical specificity, of protection of exclusive rights or of
intellectual property, or still when, to the extent of strictly
necessary and for reasons of imperative urgency, resulting from
unforeseeable events for the licensor entity and that not
are attributable to you, the planned deadlines cannot be observed
for procedures by negotiation or by consultation;
b) Land, facilities or places to be licensed are intended for activities
that are complementary, extensions or enlaractions of another or
other activities carried out by the same holder and already the subject of
previous licensing, or show inconvenience on the grounds of
commercial, security or operationality exploitation of the
airport or aerodrome, the simultaneous existence of several
entities licensed for the same purpose;
c) If it deals with licensing of sites intended for the installation of machines
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automatic and similar equipment;
d) Whether it deals with licensing of places or spaces of equal or lower area
at 50 m to 2, regardless of the end to which they are intended.
6-The selection procedures referred to in this Article shall be governed by,
with due adaptations, by the provisions of the Decree-Law No. 197/99, of 8 of
June, in everything that is not specially regulated in this degree.
Article 3.
1-Compete to the licensing entities the setting of the conditions of
admission, the procedural rules and the selection criteria applicable in the
selection procedures that are adopted in the licensing of the
occupation and the exercise of activities in the area of airports and aerodromes
public.
2-The factors that intervene in the allocation of the licences are set in the
program of the contest, in the advertisement, in the invitation or in instrument
equivalent, depending on the procedure adopted.
3-Without prejudice to the provisions of the following number, the adoption of the
selection procedure, the respective conditions of admission, the rules
procedural and selection criteria must be communicated or
advertised by the licensed entities with recourse to the means of
disclosure appropriate for the selection procedure adopted for each
licensing.
4-In cases where the licensing is proced by public tender, the
respective conditions of admission, procedural rules and criteria of
selection must appear on the notice of launch of the contest, to be published
in a daily newspaper of national circulation.
Article 5.
1-The licences are heard for a period of time until the limit of five years,
may be successively extended, by identical periods or
various, provided that the extension is required by the respective holders
with the minimum in advance of ninety days regarding the term of the
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period in force of the same.
2-The licences referred to in the preceding paragraph may not have a global deadline
duration of more than 20 years.
3-The licences that involve the realization of significant investments
by its holders in the deployment of constructions, installations or
equipment necessary to the licensed activities, or in the exercise of
activities of particular complexity, the amortisation of which requires a term
greater than five years, can be heard by an initial deadline of up to 40
years.
4-The licences referred to in the preceding paragraph may be successively
extended, by one or more periods, up to the overall term of 50
years, and shall for that effect the respective extension be required by the
your holders with the minimum advance of one year in respect of the term
of the period in force of the permit, unless diverse provision in it is established.
5-The extensions of the licences referred to in paragraphs 1 and 4 shall always depend
of express authorization of the licensor entity.
Article 7.
Licence holders may not prevail in the content or term of
effective of these, in prejudice to the laws and regulations in force or of the
determinations of the police bodies, regulation and surveillance of the
activities carried out at the public airports and aerodromes, in the exercise
of the skills that are committed to them by law.
Article 8.
1-Licence Holders can build, rebuild, demolish, extend,
change, modify or remodel the land, constructions and installations
object of them, provided that they have previously been authorized in writing by the
entities referred to in Article 1, without prejudice to other requirements and the
scheme laid down by law or regulation, as well as intervention by others
authorities or entities in the framework of the specific legislation applicable to the
type and nature of the work or the activity to be carried out.
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2-For the purposes of the provisions of the preceding paragraph, the licence holders
must instruct the application for authorization of the works or works with
pieces written and drawn, and too much elements that are however
indicated by the licensor entities as necessary.
3-A authorization or approval of the works or works may be
conditioned on the introduction of the amendments, duly substantiated, that
are understood necessary for reasons of exploitation or security
airports.
4-Without prejudice to the possible powers of surveillance and legally surveying
assigned to other entities, compete with the entities referred to in Article 1.
scrutinize the compliance of the execution of the authorized work with the respective
final project.
Article 9.
1-The holders of the licences are responsible for the maintenance, repair,
conservation and safety of land, constructions and licensed facilities,
and of the remaining goods entrusted to them by the licensor entities,
as well as for all the damage and modifications caused in the same as not
can impugt to wear caused by their normal use.
2-The holders of the licences shall also respond to the entities
licentiates for the acts and omissions of their staff, occurred in the financial year
of the respective functions, which cause damage to the airports, to their
facilities, their operation or third parties.
3-[...].
Article 10.
1-[...].
2-The holders of the licences, the respective staff, facilities and means
used, they are subject, in particular, to the supervision of services
customs, police and security, with jurisdiction in the area of
airports.
3-The holders of the licences and the respective staff are still subject, in the
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area of airports and public aerodromes, to all the rules, controls of
identity and too many security procedures determined by the
competent entities.
Article 11.
1-The rights and duties that are committed to the holders of the licences,
as well as the constructions and buildings that these have supported or
costing, can be the subject of transmission, in any form, provided that
previously authorized in writing by the licensor entities.
2-Licensee entities will be able to revoke the licences subject to
transmission by death, if the inheritance remains indivisa for more than 120
days, or if, within 30 days of the knowledge of the person of the
successor, this fail to demonstrate meeting the capacity requirements and
suitability that served as the basis of the license's outoring.
3-The emerging rights and duties of the licences, as well as constructions
and buildings carried out by their holders, may be the subject of warranty
real, arrest, penhora or any other similar providence, provided that
previously authorized in writing by the licensor entities, after
verification of the existence of the capacity and idoneity requirements of the
respective beneficiary.
4-A authorization of the licensed entities for the transmission or
oneration of the rights, constructions or buildings referred to in paragraph 1 and 3,
may be issued soon in the licence title itself, in favour of third parties that
sustain or guarantee, by appropriate resources and tools
economic-financial or banking, the realization of the constructions,
edifices, or of the activity itself to be pursued by the licence holder.
5-A violation of the provisions of this Article determines the invalidity of the act
of transmission, replacement or constitution of mortgages or of any
another real guarantee, or of the oneration of goods or rights, without prejudice to the
other sanctions that the case couberin.
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Article 12.
1-licences can be revoked at any time, in whole or in
part, by default by its holders of any of the obligations
in them provided for, as well as with foundation in the public interest of the
operation or airport security.
2-In the revocation of licences by default, the constructions,
facilities, as well as the goods entrusted to the licence holders, revert
free of charge for licensor entities, unless a provision
diverse expressed in the law, on the license or in written agreement between the parties.
3-In the cases of revocation on the grounds of the public interest of the
operation or airport security, the holders of the licences are
indemnified by the amount of expenses that are not yet
amortized and that represent investment in inseparable goods from the
land, constructions or licensed and occupied premises, save
provision in a diverse sense expressed in law, on leave or in agreement
written between the parties.
4-A extension of the term of the licences shall cease the duty of compensation
referred to in the previous number with respect to all investments
carried out during the period ended, unless a diversely available provision
expressed in the law, on the license or in written agreement between the parties.
Article 13.
1-Whenever it requires the public interest of the exploration or safety
airport, can be determined the reduction of the land area and
facilities under licensing or the change of their location,
it may, however, the respective holders, within 15 days of the
communication of the licensor entity, renounce its rights or
continue to exercise them upon the new rate to which there will eventually be place.
2-In any of the cases referred to in the preceding paragraph, the holders of the
licences will be entitled to be indemnified under Rule 3 (3)
previous.
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Article 14.
1-Without prejudice to the provisions of Article 12, in the case of non-compliance with
any of the conditions of the licences on the part of their holders, the
licensor entities may determine the suspension, in whole or in part,
of the same.
2-licences may still be suspended, in whole or in part, by the
licensor entities, in the application sequence duly
reasoned by the holders of the licences and provided that
understand to be this the most convenient or appropriate measure to the interest
economic, financial, commercial and operational of the holding
airport.
3-The suspension decision must appear, among other elements, the
respective grounds, the deadline, as well as the possible guarantees
financial or other conditions that are understood to be appropriate to apply to the case.
4-A licence caps its effects, without the right to any compensation from the
respective holder, once verified the technical, financial impossibility
or economic of the holder in continuing with the licensed activity, or still
in the case of disinterest of the holder in his or her restart.
5-A The licence may still cease its effects if the licensor entities
o understand you more appropriate to the interests of the airport holding,
being in this case applicable to the provisions of Article 12 (3)
Article 15.
1-Elapsed the term of the licences, the licensor entities enter the
immediate entitlement of all unceiveable goods from being separated from the
occupied premises and land, without prejudice to the obligation of the holders
of the lapsed licences mandated to repose these in the state in which if
they found it when they received them.
2-[...].
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Article 16.
1-[...].
2-No fees are demanded of the armed forces and forces and services
of security, as well as the National Fire and Protection Service
Civil and other fire corporations, when in the exercise of
legal competences and or functions, and in relation to the minimum areas and means of
official transport or service required for the exercise of their
assignments at airports.
Article 18.
1-[...]:
a) In the airport public domain explored by ANA-Airports
from Portugal, S. A., or by other companies that explore airports or
aerodromes of the public domain of the State as well as in the rates
relating to terminal control services provided by the Navigation
Aerial of Portugal-NAV Portugal E.P.E., by minister's porterie
responsible for the transport sector;
b) [...];
c) [...].
2-The quantitative of the rates of assistance at scale is set:
a) In the airport public domain explored by ANA-Airports
from Portugal, S. A., by the Air Navigation of Portugal-NAV Portugal
E.P.E., or by other companies that explore public domain
Airport of the State, by the respective exploitative entities,
after prior approval by the National Institute of Civil Aviation;
b) [...].
3-The quantitative of occupancy rates of land and facilities
intended for the exercise of direct and immediately related activities
with air traffic, cargo and mail, as well as the exercise of activities
of assistance in scale and still the activities of supply,
repair and maintenance of aircraft, is fixed in the terms of the number
previous.
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4-The quantitative of occupancy rates not included in the previous number and
of the other rates of a commercial nature is set by the entities to whom
is committed to the exploitation of the respective airports or aerodromes
public, with the limitations that result from the respective legal regime.
5-[ previous n. 4 ].
6-[ previous n. 5 ].
7-The exploitative entities of airports with equal annual tracts or
higher than 500,000 passengers or 50,000 t of cargo should consult
beforehand, within a period of not less than 30 days, air carriers and
the assistance agents at scale, who use in a continuous manner or
regulate the airport, through the respective representative associations, in
relation to changes in the system or the amounts of the rates referred to,
respectively, in paragraphs 1 and 3 and in paragraphs 2 and 3 of this Article.
8-Consideration of representative associations for the purpose of the number
previous, and without prejudice to optional consultation with other entities
recognized by the airport's exploitative entity, the committee of
users of the airport, constituted under the terms of the Decree-Law No. 275/99,
of July 23, as well as other associations, legally constituted, of
air carriers or users or providers of assistance in
scale, and whose associates, as a whole, demonstrate to represent, by the
less, 25% of the annual traffic bustling or assisted at the airport or the
amount of fees charged by the airport.
Article 19.
1-[...].
2-For the purposes of the provisions of the preceding paragraph and of the No s. 2 and 3 of the article
18., the reasoned proposals and accompanied by information on the
result of the consultation carried out in accordance with paragraph 7 of the previous article are
submitted to the National Institute of Civil Aviation, in advance
minimum of 90 days with respect to the expected date of commencement of its entry into
vigour.
3-The National Institute of Civil Aviation gives advice and approves the proposals
submitted by the competent entities under the terms of paragraph 1, 2 and 3 of the
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article 18, depending on the cases, within 45 days of receipt of the
said proposals.
4-From the unfavorable deliberations of the National Institute of Civil Aviation
on applications for approval under Article 18 (2) and (3)
this diploma is up to optional appeal to the minister responsible for the
transport sector, which it decides within 30 days.
5-Not being issued opinion or approval by the National Institute of
Civil Aviation in the terms and time limits stipulated in paragraph 3 of this Article, the
submitted proposals consider themselves to be approved.
Article 20.
1-[...].
2-Without prejudice to what is especially regulated, settlement and
collection of the fees referred to in the preceding paragraph shall be governed by the provisions
legal and regulatory applicable to the generality of public services,
particularly by the provisions of the tax legislation in force.
Article 21.
1-The fees due for the occupation of land, facilities and places in the area
of the airports and public aerodromes are due on the day one of the previous month
to the one they respect and will be paid for up to day eight of that month.
2-[...].
3-[...].
Article 23.
1-A lack of payment of the fees and too much importances in the respective
deadline makes incurring the debtor in the payment of late payment interest, in the terms
established for the lack of payment of fees due to the State, without
loss of the faculty of the licenced entity to be able to revoke the respective
license.
2-A The lack of payment of the fees within the statutory deadline gives way to its collection
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coercive, increased of the respective interest of mora, in the process of execution
tax.
Article 24.
1-[...].
2-The improper is susceptible to contentious reaction, under the law.
Article 26.
1-Pelas fees and interest of late payment of debt under this Decree-
Law, the State and other entities to whom the management is committed and
operation of airports or public aerodromes enjoy privilege
receivable on the assets of the debtors who find themselves in the area of the
airports or public aerodromes, and may be the subject of
retention, until full payment of the amounts in debt or even decision
judicial.
2-In the case of perishable goods or that they represent demonstrably risk
for health or for the physical integrity of airport users, the
licentiate entities will be able to promote their respective destruction or slaughter,
or else, if possible, their alienation by deducting, in the latter case, the value
obtained to the amount of the existing debt.
3-If the debt referred to in paragraph 1 is not regularised within 90 days of
count of the interpellation for the respective payment, the entities
licensors are entitled to promote the disposal of the goods that are found
retained, deducting, in the latter case, the value obtained from the amount of debt
existing.
Article 27.
1-The holders of the licences, their staff, as well as the commanders of the
aircraft or their representatives, shall provide to the entities that
explore the airports or public aerodromes all clarifications
necessary to the processing and collection of fees, in the form that they are
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indicated.
2-[...].
Article 31.
1-The provisions of this diploma shall not apply to airports and
regional public aerodromes of the Autonomous Regions of the Azores and of the
Wood.
2-A Autonomous Region of the Azores is always heard with regard to the
setting fees at the airports or national public aerodromes situated
in the Autonomous Region of the Azores. "
Article 2.
Abrogation standard
Article 25 of the Decree-Law No. 102/90 of March 21, as amended by the
Decree-Law No. 280/99 of July 26.
Article 3.
Entry into force
This decree-law shall come into force on the day following that of its publication.
Article 4.
Republication
It is republished in annex, which is an integral part of this decree-law, the Decree-Law
n ° 102/90 of March 21, with the wording resulting from the amendments now
introduced.
Seen and approved in Council of Ministers of
The Prime Minister
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The Minister of State and Finance
The Minister of National Defence
The Minister of Public Works, Transport and Communications
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Attachment
(referred to in Article 4)
Chapter I
Of The Licences
Article 1.
1-A occupation of land, buildings or other facilities and the exercise of any
activity in the area of public airports and aerodromes are done in the terms of the
standards applicable to the use of the public domain, without prejudice to special provision
to the contrary, and lack the license of the entities to whom their management is committed and
or exploitation.
2-The licensing of aircraft assistance activities (handling) is the subject of
own legislation.
Article 2.
1-A licence is, in principle, bestoed upon selection procedures
competitive, aiming at the choice of proposals that are more appropriate, in
each case, to the public interest and operationality of the airport holding,
observed the constant provisions of the following numbers.
2-A outreach of the licence will be preceded by negotiation with prior publication of
announcement, specifically, when:
a) The size of the market and the existing demand, or the greatness of investments
involved, do not require the outoring of the licences upon concursal procedures;
b) The morosity, complexity and procedural guarantees of the
tendering procedures are demonstrably incompatible with the
intended objectives and results for the licensing, or still with the
economic, commercial or operational interest of the airport farm
in that case;
c) The technical complexity of the activities or the investments involved require
a pre-assessment of technical, commercial, financial and
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administrative of the interested entities, which is impossible to accomplish or
concretize, effectively or efficiently, through other procedures of
selection;
d) The economic, commercial and operational interest of the airport holding, or
the actual demand for the existing, the justifying in the concrete case.
3-A outward of the licence must be preceded by consultation when:
a) Following concursal procedures, trading or other, the previous
procedure used for the same end has been deserted, none
candidacy has been admitted, or all proposals submitted have been
deemed unacceptable, and provided that the initial conditions of selection and
outorga are not substantially altered;
b) The nature of the activities to be carried out or the contingencies attached to them not
allow or justify the definition of specifications required by your
award in accordance with tendering and negotiation procedures.
4-Without prejudice to the provisions of the preceding paragraphs, they will be hedged by adjustment
direct the licences referring to the occupation and or use of:
a) Land, facilities and places intended for the exercise of direct activities and
immediately related to the support for the departure and arrival of aircraft, well
as to the boarding, disembarkation and forwarding of passengers, cargo or
mail;
b) Land and facilities for the exercise of assistance activities in
scale, in particular those of fuel supply and lubricants, of
supply, repair and maintenance of aircraft and other identical
nature;
c) Land and facilities intended for public services;
d) Land and facilities intended for entities that carry out activities of
public interest;
e) Places intended for advertising activity and similar activities.
5-The managing entities of the airports and public aerodromes will be able to still,
fundamentedly, outoring licences by direct adjustment, specifically when:
a) The licence must be assigned to a given entity on the grounds of
technical specificity, protection of exclusive rights or property
intellectual, or even when, to the extent strictly necessary and for reasons
of imperious urgency, resulting from unpredictable events for the
23
licensor entity and which are not attributable to it, cannot be
observed the deadlines set for the procedures by negotiation or by
query;
b) Land, facilities or venues to be licensed are intended for activities that are
complementary, extensions or enlaractions of another or other activities
performed by the same holder and already the subject of previous licensing, or if
show inconvenience on grounds of commercial, safety or otherwise
operationality of the airport or aerodrome, the existence simultaneously of
several licensed entities for the same purpose;
c) If it deals with licensing of sites intended for the installation of machines
automatic and similar equipment;
d) Whether it deals with licensing of sites or area spaces equal to or less than 50 m2,
regardless of the end to which they are intended.
6-The selection procedures referred to in this article shall be governed by, with due
adaptations, by the provisions of the Decree-Law No. 197/99, of June 8, in everything that does not
is especially regulated in this diploma.
Article 3.
1-Compete to licensed entities the setting of the conditions of admission, rules
procedural and the selection criteria applicable in the selection procedures that
are adopted in the licensing of the occupation and the exercise of activities in the area
of airports and public aerodromes.
2-The factors that intervene in the allocation of the licences are set in the programme of the
contest, in the advertisement, in the invitation or equivalent instrument, depending on the
procedure adopted.
3-Without prejudice to the provisions of the following number, the adoption of the procedure of
selection, the respective conditions of admission, the procedural rules and the criteria of
selection must be communicated or advertised by the licensor entities with
recourse to the appropriate means of disclosure for the adopted selection procedure
for each licensing.
4-In cases where the licensing is proced by public tender, the respective
conditions of admission, procedural rules and selection criteria must appear in the
notice of launch of the contest, to be published in a national circulation daily newspaper.
24
Article 4.
The titles of the licences should be mentioned, inter alia:
a) The identity of the holder;
b) The land and facilities that are the subject of the licensing;
c) The end or activity to which the licence is intended;
d) The amount of the fee payable on a monthly basis by the licensing;
e) The deadline;
f) Any other particular conditions of the licensing, specifically the
relating to possible compensations resulting from the reversal for the entity
licensor of constructions and inseparable equipment of land and
facilities that are the subject of the licensing.
Article 5.
1-The licences are heard for a period of time until the limit of five years, and may be
successively extended, for identical or diverse periods, provided that the
prolongation is required by the respective holders with the minimum advance notice of 90
days regarding the expiry of the period in force of the same.
2-The licences referred to in the preceding paragraph shall not be allowed to have an overall term of
higher than 20 years.
3-The licences that involve the realization of significant investments by their
holders in the deployment of constructions, facilities or equipment required to
licentiate activities, or in the exercise of activities of particular complexity, the
amortization requires a maturity of more than five years, can be heard for a term
initial up to 40 years.
4-The licences referred to in the preceding paragraph may be successively extended,
by one or more periods, up to the overall term of 50 years, owing to that
effect the respective extension is required by your holders in advance
minimum of one year in respect of the expiry of the period in force of the permit, save
diverse disposition in it established.
5-The extensions of the licences referred to in paragraphs 1 and 4 always depend on
express authorization of the licensor entity.
25
Article 6.
The licensed activities shall be carried out in a continuing manner and without other
interruptions other than those resulting from the respective nature and function, of fortuitous case or
of force majeany.
Article 7.
Licence holders may not prevail for the content or term of the duration
of these, in prejudice to the laws and regulations in force or the determinations of the organs
of police, regulation and surveillance of activities carried out at airports and
public aerodromes, in the exercise of the skills that are committed to them by law.
Article 8.
1-Licence Holders can build, rebuild, demolish, extend, change,
modify or remodel the land, constructions and installations object of them,
provided that it has previously been authorized in writing by the entities referred to in Article 1,
without prejudice to other requirements and the scheme laid down by law or regulation, as well as
of the intervention of other authorities or entities in the framework of the specific legislation
applicable to the type and nature of the work or the activity to be carried out.
2-For the purposes of the provisions of the preceding paragraph, the licence holders shall instruct
the application for the authorization of the works or works with written parts and
drawn, and too many elements that are meanwhile indicated by the entities
licensors as necessary.
3-A permission or approval of the works or works may be conditioned on
introduction of the amendments, duly substantiated, that are understood
necessary for reasons of airport operation or safety.
4-Without prejudice to the possible powers of surveillance and legally assigned survey
other entities, it is incumbent on the entities referred to in Article 1 to scrutinize the
compliance of the execution of the authorised work with the respective final project.
26
Article 9.
1-The holders of the licences are responsible for maintenance, repair, conservation
and security of the land, constructions and licensed facilities, and of the remaining goods that
they are entrusted by the licensor entities, as well as for all damages and
modifications caused in the same that are unable to impute to the triggered wear
by their normal use.
2-The holders of the licences shall also respond to the licensor entities
by the acts and omissions of their personnel, occurred in the exercise of their respective functions,
that cause damage to the airports, their facilities, their functioning or the
third parties.
3-The holders of the licences shall give written and immediate knowledge to the entities
licensors of all facts or acts of third parties that constitute a threat or
violation of your rights.
Article 10.
1-The licensed venues and facilities and the remaining goods entrusted to the holders of the
licences, as well as the exercise of their own business, are subject to the survey and
supervision of licensed entities, to which they cannot be denied access and
collaboration.
2-The holders of the licences, the respective staff, facilities and means used, are
subject, in particular, to the supervision of customs, police and security services,
with jurisdiction in the area of airports.
3-The holders of the licences and the respective staff are still subject, in the area of
airports and public aerodromes, to all rules, identity checks and too much
security procedures determined by the competent entities.
Article 11.
1-The rights and duties that are committed to the holders of the licences, as well as the
constructions and buildings that these have supported or costed, may be the subject
of transmission, in any form, provided that it has previously been authorized in writing by the
licensing entities.
2-Licensee entities will be able to revoke the subject licences for transmission by
27
death, if the inheritance remains indivisa for more than 120 days, or if, within 30 days
to rely on the knowledge of the person of the successor, this one does not demonstrate gathering the
capacity and suitability requirements that have served as the basis of the license's outoring.
3-The emerging rights and duties of licences, as well as constructions and
buildings carried out by their holders, they may be the subject of real guarantee, arrest,
Attachment or any other similar providence, provided that previously authorized
in writing by the licensor entities, after verification of the existence of the requirements
of capacity and idoneity of the respective beneficiary.
4-A authorization of the licensor entities for the transmission or burdening of the
rights, constructions or buildings referred to in paragraphs 1 and 3, could be issued soon in the
own license title, in favour of third parties that support or guarantee, upon
adequate resources and economic-financial or banking instruments, the realization
of the constructions, buildings, or of the activity itself to be pursued by the holder of the
license.
5-A violation of the provisions of this Article determines the invalidity of the act of
transmission, replacement or constitution of mortgages or any other real guarantee,
or of burdening of goods or rights, without prejudice to the other sanctions that the case
couberem.
Article 12.
1-licences may be revoked at any time, in whole or in part, by
default by its holders of any of the obligations laid down therein, well
as with grounds in the public interest of airport operation or security.
2-In the revocation of licences by default, the constructions, facilities, well
as the goods entrusted to the licence holders, revert free of charge to the
licensing entities, unless provision in a diverse sense expressed in the law, on the licence
or in written agreement between the parties.
3-In the cases of revocation on the grounds of the public interest of the holding or
airport security, the licence holders are indemnified by the amount of the
expenses that are not yet amortized and that represent investment in goods
inseparable from land, constructions or licensed and occupied premises, save
provision in a diverse sense expressed in the law, on the licence or in written agreement between the
parts.
28
4-A The extension of the term of the licences shall cease the duty of compensation referred to in the
previous number with respect to all investments made during the period
finished, unless provision in a diverse sense expressed in the law, on the licence or in agreement
written between the parties.
Article 13.
1-Where it requires the public interest of airport operation or security,
it can be determined to reduce the area of land and facilities under
licensing or the change of its location, and may, however, the respective
holders, within 15 days counted from the communication of the licensor entity,
waive your rights or continue to exercise them upon the new rate to which
eventually there is place.
2-In any of the cases referred to in the preceding paragraph, holders of the licences will have
right to be indemnified in accordance with paragraph 3 of the preceding Article.
Article 14.
1-Without prejudice to the provisions of Article 12, in the case of non-compliance with any
of the conditions of the licences by their holders, the licensor entities may
determine the suspension, in whole or in part, of them.
2-licences may still be suspended, in whole or in part, by the entities
licensor, in the sequence of duly reasoned application submitted
by the licence holders and provided that it is understood to be the most convenient measure
or appropriate to the economic, financial, commercial and operational interest of the farm
airport.
3-Of the suspension decision must appear, among other elements, the respective
fundamentals, the deadline, as well as possible financial guarantees or other conditions
that it is understood appropriate to apply to the case.
4-A licence caps its effects, without right to any compensation from the respective
holder, once verified the technical, financial or economic impossibility of the holder
in proceeding with the licensed activity, or still in the case of disinterest of the holder
at your restart.
5-A The licence may still cease its effects if the licensor entities the
29
understand more appropriate to the interests of airport operation, in this case
applicable the provisions of Article 12 (3).
Article 15.
1-Elapsed the term of the licences, the licensor entities enter into the title
immediate of all unceatable goods from being separated from the premises and land
occupied, without prejudice to the obligation of the holders of the expiry licences to be mandated
repose these in the state they were in when they received them.
2-Unless otherwise expressed, made under the terms of the point f) of Article 4, the
reversal predicted in the previous number will be free of charge.
CHAPTER II
Of the fees
Article 16.
1-By occupation of land, buildings or other facilities, as well as by the
exercise of any activity in the area of public airports and aerodromes, by its
use or of the respective services and equipment are due fees.
2-No fees are demanded of the armed forces and forces and services of
safety, as well as the National Fire and Civil Protection Service and other
fire corporations, when in the exercise of competencies and or legal functions, and
in relation to the minimum areas and means of official transport or service required
for the exercise of their assignments at airports.
Article 17.
Attending to the nature of the services and activities developed, the fees to be charged to us
terms of the previous article groups together in traffic rates, of assistance in scale, of
occupation and other rates of a commercial nature.
30
Article 18.
1-The quantitative of traffic rates is fixed, after prior opinion of the Institute
National Civil Aviation:
a) In the airport public domain explored by ANA-Airports of
Portugal, S. A., or by other companies exploring airports or aerodromes
of the public domain of the State, as well as in the fees for services of
terminal control provided by the Air Navigation of Portugal-NAV Portugal
E. P. E., by porterie of the minister responsible for the transport sector;
b) At the regionalised airports and aerodromes, by portionery of the governing bodies
own of the Autonomous Regions;
c) At airports and aerodromes whose operation is in charge of the municipalities,
by the competent municipal bodies.
2-The quantitative of the rates of assistance at scale is set:
a) In the airport public domain explored by ANA-Airports of
Portugal, S. A., by the Air Navigation of Portugal-NAV Portugal E. P. E., or
by other companies that exploit public airport domain of the State,
by the respective exploitative entities, after prior approval by the Institute
National Civil Aviation;
b) At regionalized or municipal airports and aerodromes, by the organs of
self-government of the Autonomous Regions or by the competent bodies
municipal, after prior opinion from the National Institute of Civil Aviation.
3-The quantitative of occupancy rates of land and facilities intended for the
exercise of direct and immediately related activities with air traffic,
load and mail, as well as the exercise of assistance activities at scale and still
the activities of supply, repair and maintenance of aircraft, is fixed in the
terms of the previous number.
4-The quantitative of occupancy rates not included in the previous number and the other
rates of a commercial nature is set by the entities to whom the
operation of the respective airports or public aerodromes, with the limitations that
result from the respective legal regime.
5-In any of the cases referred to in the preceding paragraphs, fees may be set
differentiated in accordance with the category, functionality, density and period of
use of each airport or aerodrome, or modulated in function of reasons of
31
environmental protection.
6-Companies that exploit public airport mastery will always be heard in the
Respect to the establishment of exemptions and reductions in fees that do not result from
international agreements or recommendations of international bodies.
7-The exploitative entities of airports with annual tracts equal to or higher than
500,000 passengers or 50,000 t of cargo should consult beforehand, within no time
less than 30 days, air carriers and assistance agents at scale, which
use in a continuous or regular manner the airport, through the respective associations
representative, in relation to changes in the system or the amounts of the rates referred to,
respectively, in paragraphs 1 and 3 and in paragraphs 2 and 3 of this Article.
8-Consideration of representative associations for the purposes of the preceding paragraph, and without
loss of optional consultation to other entities recognized by the entity
explorer of the airport, the airport user committee, constituted on the terms
of Decree-Law No. 275/99 of July 23, as well as other associations, legally
constituted, of air carriers or of users or providers of assistance
on the scale, and whose associates, as a whole, demonstrate to represent at least the
25% of the annual traffic moved or assisted at the airport or the amount of fees
charged by the airport.
Article 19.
1-The powers conferred by paragraph 1 of the preceding Article shall be exercised on the initiative of the
competent entity for the setting of the fees, or under a reasoned proposal of the
exploitative entities and informed by the National Institute of Civil Aviation.
2-For the purposes of the provisions of the preceding paragraph and of Article 18 (2) and (3), the
substantiated proposals and accompanied by information on the outcome of the consultation
carried out in accordance with paragraph 7 of the previous article are submitted to the National Institute of
Civil Aviation, with a minimum advance of 90 days regarding the expected date
of beginning of its entry into force.
3-The National Institute of Civil Aviation gives opinion and approves the submitted proposals
by the competent entities pursuant to Article 18 (1), (2) and (3), depending on the
cases, within 45 days of the receipt of the said proposals.
4-From the unfavorable deliberations of the National Institute of Civil Aviation on
requests for approval under Article 18 (2) and (3) of the Article 18
32
for the minister responsible for the transport sector, which decides on the deadline of 30
days.
5-Not being issued opinion or approval by the National Institute of Civil Aviation
in the terms and time limits stipulated in paragraph 3 of this Article, the proposals submitted
consider themselves to be approved.
Article 20.
1-The fees provided for in this diploma are settled and charged by the entities that
explore the public airports and aerodromes and, unless express provision in
contrary, constitute own revenues of these entities.
2-Without prejudice to what is especially regulated, the liquidation and collection of the
fees referred to in the preceding paragraph shall be governed by the legal and regulatory provisions
applicable to the generality of public services, particularly by the provisions of
tax legislation in effect.
Article 21.
1-The fees due for the occupation of land, facilities and places in the area of
airports and public aerodromes are due on the day one of the month before that to which
respect and will be paid up to day eight of that month.
2-The fees due for the use of the airports or public aerodromes by
aircraft are charged prior to the departure of these, and may, however, be fixed
collection specials when so advising reasons connected to the operationality of the
airport operation.
3-In relation to users who operate regularly in the area of airports or
public aerodromes, can the respective exploitative entities fix regimes of
periodical collection eventually conditional on the provision of patrimonial guarantees
idogenes.
33
Article 22.
Save the cases covered by the previous article, the fees and other importancies in debt
to airports or public aerodromes must be paid within 20 days of the
date of issue of the respective invoice.
Article 23.
1-A lack of payment of the fees and too much importances in the respective term makes
incurring the debtor in the payment of late payment interest, in the established terms for the lack
of payment of fees due to the State, without prejudice to the faculty of the entity
licence to be able to revoke the respective licence.
2-A The lack of payment of the fees within the legal period gives way to its coercive collection,
increased the respective interest of mora, in the process of tax implementation.
Article 24.
1-Claims and resources on settled fees do not suspend the duty of
payment and are presumed to be desores if within 60 days they are not the subject of
express decision.
2-The improper is susceptible to contentious reaction, under the law.
Article 25.
[ Revoked ].
Article 26.
1-Pelas fees and interest of late payment of debt under the present Decree-Law, the State and
too many entities to whom the management and operation of the airports are committed or
public aerodromes enjoy receivable privilege on the assets of debtors that if
find in the area of airports or public aerodromes, and may the same be
object of retention, until full payment of the amounts in debt or even decision
judicial.
2-In the case of perishable goods or that they represent demonstrably risk to health
34
or for the physical integrity of airport users, the licensor entities
will be able to promote their respective destruction or slaughter, or else, if possible, their
disposal, deducting, in the latter case, the value obtained from the amount of the existing debt.
3-If the debt referred to in paragraph 1 is not regularised within 90 days of the
interpellation for the respective payment, the licensor entities are entitled to
promote the disposal of the assets that are found to be withheld, deducting, in the latter case,
the value obtained to the amount of the existing debt.
Article 27.
1-The holders of the licences, their staff, as well as the commanders of the aircraft or
your representatives, must provide to the entities that explore the airports or
public aerodromes all necessary clarifications to the processing and collection
of the fees, in the form that is indicated to them.
2-Aircraft may be retained for as long as the clarifications are not provided
required under the terms of the preceding paragraph or no provisions are met
relating to the payment of fees.
CHAPTER III
Final provisions
Article 28.
The principles and rules laid down in this diploma are applicable to all occupations
and activities exerted in the area of public airports and aerodromes,
regardless of the date of the respective licence.
Article 29.
They are competent to know about the resources against all acts of outorga, execution,
suspension and extinction of the licences referred to in this diploma the courts
administrative.
35
Article 30.
The present diploma will be developed by regulatory decree, inter alia
with regard to the tables of occupations and authorized activities in the area of
airports and public aerodromes, upon specification and classification of fees
correspondents and, as well, of the respective exemptions and reductions, taking into account the
provisions of Articles 16 and 17.
Article 31.
1-The provisions of this diploma do not apply to public airports and aerodromes
Regional of the Autonomous Regions of the Azores and Madeira.
2-A Autonomous Region of the Azores is always heard with regard to the setting of rates
at national public airports or aerodromes located in the Autonomous Region of the
Azores.
Article 32.
1-This diploma repeals the Decree-Law No. 211/76 of March 22 and the Decree
n ° 235/76 of April 3, without prejudice to the provisions of the following number.
2-As long as the quantitative of the rates are not established, in the terms of the article
18, Articles 8 to 36 of Decree No 235/76 of April 3 shall remain in force, of April 3, and,
well so, the respective regulatory portaries.