Grants Permission To Government, In The Context Of Licensing Of The Occupation And Use Of Land, Services And Equipment, As Well As The Exercise Of Any Activity In The Areas Of The Airport, Public Domain Review Decree-Law No 102/90 Of 21 D

Original Language Title: Concede ao Governo autorização para, no âmbito do licenciamento da ocupação e utilização de terrenos, serviços e equipamentos, bem como do exercício de qualquer actividade nas áreas do domínio público aeroportuário, rever o Decreto-Lei n.º 102/90, de 21 d

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427762446b324c5667755a47396a&fich=ppl96-X.doc&Inline=false

1 PROPOSAL of law No. 96/X explanatory memorandum the occupation and use of land, services and equipment at airports, as well as the exercise of any activity in the respective areas, be based on private use of goods in the public domain, shall be governed in our legal system by administrative law standards aimed at ensuring so prevalent, the realization of the collective interest and your private interests precedence over. The experience accumulated in the meantime comes, however, demonstrating and highlighting the inadequacy of the solutions which are laid down in Decree-Law No 102/90 of 21 March, however changed by Decree-Law No 280/99 of 26 July at contemporary requirements for best attraction of capital and private initiative, as well as to better use and rendibilização of management and use of airport areas , with special focus on business development, services and activities not directly associated with airport activity.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter is granted the Government legislative authorization for, under the licensing of the occupation and use of land, services and equipment, as well as the exercise of any activity in the areas of airport public domain review the Decree-Law No 102/90 of 21 March, as amended by Decree-Law No 280/99 of 26 July.

2 article 2 the authorization referred to in the preceding article shall be granted in order to allow the consecration of solutions and management instruments and use of airport areas more dynamic and flexible, making it possible to ensure a capacity of their respective management companies more efficient, more productive and better adapted to the development of airport activities and not at airports in those areas.

Article 3 extension to review existing legislation in accordance with the authorisation granted by this law should establish: a) new forms of selection of holders of licences of occupation of land, buildings or other facilities and for the exercise of any activity in the area of public airports and aerodromes, eliminating the rule of tendering requirement for licensing and broadening the choice of licensees regardless of contest in particular when: i. the previous procedure used for the same purpose has been desert, no application has been admitted or all applications submitted have been considered unacceptable; II. The license must be assigned to a specific entity for technical reasons, the protection of exclusive rights or intellectual property rights, or for reasons of extreme urgency brought about by events unforeseeable by the licensor, and in so far as is strictly necessary; III. The land, premises or places to license intended for activities that are complementary, extensions or enlargements of other (s) held by the same holder and already the subject of previous licensing or is inconvenient for purposes of commercial exploitation, security or operation of the airport or aerodrome, the existence simultaneously from multiple entities licensed for the same purpose; IV. In the case of local licensing of area equal to or less than 50 m2, 3 regardless of the purpose for which is intended. b) New deadlines for duration of licenses, according to the following rules: (i) the initial term of the license duration should not normally exceed five years; II. The global period of duration of licences, including any extensions, not exceeding 20 years; III. licences involving significant investments by their owners in buildings, facilities, or equipment required for licensed activities, or in the exercise of activities of particular complexity, which requires a repayment term longer than five years, may be granted for an initial period not exceeding 40 years and this term and its extensions exceeds in any case, 50 years. c) standards that safeguard control, by the grantor, of carrying out any operations on the goods whose use of grants, in the form of a system of prior authorization; d) standards which ensure the responsibility of holders of licenses for the maintenance, repair, storage and security of land, buildings and facilities are licensed; and Standards that safeguard the) personal license holders are subject to supervision by public authorities with jurisdiction over the area; f) standards that efectivem the possibility of transmission and encumbrance, safeguarding the need for authorisation by the grantor and the requirement of good repute requirements by the competitor; g) arrangements for the vicissitudes of the licenses to ensure the relevance of the public interest and providing for the compensation scheme of the holders, determining the ressarcibilidade of losses suffered by investments run but admitting exceptions by law, licence or agreement; h) a system for the fixing of rates for the use of the public domain, airport to clarify the Division of responsibilities between regulatory authorities and the National Civil Aviation Institute and endorsing a regime not subject to rates of public entities with responsibilities in national security, defence, civil protection and the like; I) a system of guarantee of credits of public bodies on taxes and interest on arrears 4, allowing the establishment of liens and the alienation of debtors ' assets.

Article 4 Duration this legislative authorization lasts for 90 days.

Seen and approved by the Council of Ministers of 21 September 2006.

The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 5


After more than 15 years on the publication of Decree-Law No 102/90 of 21 March, approving the legal regime of licensing private use of goods in the public domain and the airport activities in airports and aerodromes, and which was however changed by Decree-Law No 280/99 of 26 July, it turns out that that is misfit to the new realities and socio-economic relevant activities as he himself often an obstacle to recast, in order to better use and rendibilização of management and use of airport areas, notably through the materialization of attraction and fixation, in the vicinity of airports, investment and entrepreneurship. It is therefore implement ways and more efficient instruments for the management and operation of airport spaces, which allow the development, consolidation and expansion, the airport perimeter, more business, services and activities usually known as non-aviation, by complementary synergies arising from its attraction of capital and initiative. In this sense, it is intended to materialize more flexible legal solutions, bearing in mind the complexity and interest activities, facilitate the promotion and more efficient and profitable utilization of existing products and services in airports and aerodromes, including diversifying them by new non aviation areas, as well as provide the respective fund managers of a responsive and agile shopping intervention and better adapted to the different requests and to that extent, more productive and effective. For this purpose, introduce several innovations and changes in the legal regime contained in Decree-Law No 102/90 of 21 March, which highlights the adoption of new procedures, faster and simplified, of selection and licensing to individuals, as well as the consecration of the possibility to extend the initial term of the licenses when you are involved the attraction and fixation of investment particularly relevant or meaningful in particular in buildings, facilities, or equipment, or in the exercise of activities of particular complexity. Notes the clarification made in relation to the universe of rights and duties which assist all parties involved in the legal relations in physical form by licenses, in particular with regard to construction by individuals in airport spaces, the establishment of real guarantees and binding, as well as the transmission and termination of licences 6. It is noted the clarification still held in relation to the subject and scope of the tax exemption referred to in paragraph 2 of article 16 of Decree-Law No 102/90 of 21 March, which focus only on minimum areas and means of transport officers or public authorities service laid down in that provision legal need for the performance of their duties at airports. It stands out, too, the more rigorous delimitation that took place as to the scope of intervention of the National Civil Aviation Institute (INAC) the fixing of the quantitative rates, sticking only to those relating to the occupation and the exercise of activities in which, by your nature and subject matter, this Office has responsibilities and powers. We highlight the normative densification adopted for the legal figures, already provided for in Decree-Law No 102/90 of 21 March, although not regulated, the suspension of the licenses and the retention of assets for payment of the sums owed on the breaches by their holders of their bonds.

So: the use of legislative authorization granted by article ... of law No........, and in accordance with point (b)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: article 1 amendment to Decree-Law No 102/90 of 21 March, articles 2, 3, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19 , 20, 21, 23, 24, 26, 27 and 31 of Decree-Law No 102/90 of 21 March, which regulates licensing of private use of goods in the public domain and airport activities at airports and airfields, as amended by Decree-Law No 280/99 of 26 July, are replaced by the following: ' article 2 7


1-the license is, in principle, granted through competitive selection procedures, aiming at the selection of tenders which are most appropriate in each case, the public interest and operability of the airport operation, observing the provisions of the following paragraphs. 2-the granting of the license will be preceded by negotiation with prior publication of a contract notice, namely: a) the size of the market and existing demand, or the magnitude of the investments involved, does not require the granting of licenses by concursais procedures; (b)) the length, complexity and procedural guarantees own tender procedures are proven to be incompatible with the objectives and intended results for licensing, or with the economic interest, commercial or operational airport exploitation in this case; c) the technical complexity of the activities or investments involved require a pre-evaluation of technical capabilities, commercial, financial and administrative entities concerned, it is impossible to perform or achieve, effectively or efficiently, through other selection procedures; d) the operational, commercial and economic interest of the airport holding, or looking for existing warrants effectively in this case. 3-the granting of the licence must be preceded by a query when: a) following concursais procedures, negotiation or other, the previous procedure used for the same purpose has been desert, no application has been accepted, or all the proposals have been considered unacceptable, and provided that the original terms of the selection and award are not substantially altered; b) the nature of the activities to be carried out or inherent uncertainties do not permit or justify the definition of 8 specifications required for your award in accordance with the tendering and negotiation procedures. 4-Notwithstanding the previous paragraphs, shall be awarded by direct agreement regarding occupation and licenses or use of: the Land, facilities and local) for the exercise of activities directly and immediately related to the support of the departure and arrival of aircraft, as well as the loading, unloading and forwarding of passengers, cargo or mail; b) land and facilities intended for the exercise of groundhandling activities, in particular the supply of fuels and lubricants, of supply, repair and maintenance of aircraft and other of the same nature; c) land and facilities intended for public services; d) Land and plant for the entities engaged in activities in the public interest; and Local advertising activity intended) and similar activities. 5 – The managing bodies of airports and aerodromes will, inform public, granting direct allowances, in particular where: a) the license should be assigned to a specific entity for technical reasons, the protection of exclusive rights or intellectual property rights, or when, in so far as is strictly necessary, for reasons of extreme urgency brought about by events unforeseeable, for the licensor and not to be attributed , cannot be observed the time limits laid down for the procedures for negotiation or consultation; b) lands, facilities, or locations to license intended for activities that are complementary, extensions or enlargements of another or other activities carried out by the same holder and already the subject of previous licensing, or is inconvenient for purposes of commercial exploitation, security or operation of the airport or aerodrome, the existence simultaneously from multiple entities licensed for the same purpose; c) in the case of local licensing intended for installation of automatic 9 machines and similar equipment; d) in the case of local licensing or spaces of area equal to or less than 50 m 2, regardless of the purpose for which is intended. 6-selection procedures referred to in this article shall be governed mutatis mutandis by the provisions of Decree-Law No. 197/99, June 8, in everything that is not specifically regulated in this Decree.

Article 3 1-Competes to the licensors the fixing of conditions of admission, of the rules of procedure and the selection criteria applied in the selection procedures that are adopted in the exercise of the occupation and licensing of activities in the area of airports and aerodromes. 2-the factors involved in the allocation of licences are set out in the programme of the competition, in the invitation, the invitation or any equivalent instrument, depending on the procedure. 3-Notwithstanding the provisions of the following paragraph, the adoption of the selection procedure, the conditions for admission, the rules of procedure and the selection criteria must be supplied or advertised by the licensors with use of appropriate means of dissemination for the selection procedure adopted for each permit. 4 – where the licensing process for public tender, the conditions of admission, rules of procedure and selection criteria must be entered in the launch of the competition notice, to be published in a daily newspaper of national circulation.

Article 5 1-licenses are granted for a period right up to a maximum of five years and may be successively extended for periods identical or different, since the extension is required by their holders at least 90 days with regard to the expiry of the period in force 10. 2-the licences referred to in the preceding paragraph cannot have a global period of more than 20 years. 3-the licenses involving significant investments by their owners in buildings, facilities, or equipment required for licensed activities, or in the exercise of activities of particular complexity, which requires a repayment term longer than five years, may be granted for an initial period up to 40 years. 4-the licences referred to in the preceding paragraph may be successively extended for one or more periods, until the deadline of validity of global 50 years, and for this purpose the respective extension is requested by the holders of at least a year compared with the end of the period in force of the license, unless several of her established. 5 – extensions of licences referred to in paragraphs

1 and 4 always depend on the express permission of the licensor.

Article 7 license holders cannot avail themselves of the content or validity of these deadline, to the detriment of the laws and regulations in force or of the determinations of the police bodies, regulation and supervision of the activities carried out in airports and aerodromes in the exercise of public powers committed to them by law.

Article 8 1-license holders can build, rebuild, demolish, enlarge, alter, modify or remodel the land, buildings and facilities subject to the same, since that previously authorized in writing by the entities referred to in article 1, without prejudice to other requirements and the conditions of employment laid down by law or regulation, as well as the involvement of other authorities or entities under the specific legislation applicable to the type and nature of the work or activity to be carried out. 11 2-for the purposes of the preceding paragraph, holders of licences shall instruct the application for authorization for works or works with written and drawn parts, and other elements that are however indicated by the licensors as required. 3-the authorisation or approval of works or works can be subject to the introduction of the amendments, duly substantiated, that are necessary for operating reasons understood or airport security. 4 – without prejudice to any powers of supervision and inspection legally assigned to other entities, it shall be the responsibility of the entities referred to in article 1 to inspect the conformity of execution of work authorized its final draft.

Article 9 1-licence holders are responsible for the maintenance, repair, storage and security of land, buildings and facilities, and other assets entrusted to them by the licensors, as well as for all damages and caused the same modifications that cannot impute to the wear caused by your normal use. 2 – holders of permits respond also to the regulatory entities for acts and omissions of your people, occurred in the exercise of their functions, which cause damage to airports, at its premises to your operation or to third parties. 3 – [...].

Article 10 1-[...]. 2-The holders of licenses, its staff, facilities and means used, are subject, in particular, the supervision of the customs service, police and security, with jurisdiction in the area of airports. 3-the holders of licences and the staff are still subject, in 12 areas of airports and airfields, all the rules, identity checks and other security procedures determined by the competent authorities.

Article 11 1-the rights and duties that are committed to the holders of licences, as well as the buildings and buildings that they have supported or funded, may be subject to transmission, in any form, since that previously authorized in writing by the licensors. 2-the entities licensors may revoke the licenses subject to transmission by death, if the inheritance remain undivided for more than 120 days, or if, within 30 days of the date of the person's knowledge of the successor, this does not demonstrate meet capacity requirements and suitability that served as a basis for the granting of the licence. 3-the rights and duties arising out of licenses, as well as constructions and buildings by their holders, may be the subject of collateral, seizure, attachment or any other similar Providence, since that previously authorized in writing by the licensors, after verification of the existence of the capacity requirements and suitability of the respective beneficiary. 4-the authorization of licensors for the transfer or encumbrance of rights, buildings or facilities referred to in paragraphs 1 and 3, may be issued soon in the very title, in favour of third parties that support or guarantee by appropriate resources and financial instruments or banking, the realization of constructions, buildings, or activity to proceed by the licensee. 5-violation of provisions of this article determines the invalidity of the Act of transmission, replacement or creation of mortgage or any other collateral, or encumbrance of assets or rights, without prejudice to other penalties that fit case.

13 article 12 1-licenses can be revoked at any time, in whole or in part, for non-compliance by the holder of any of the obligations set out therein, as well as based on the public interest of the farm or airport security. 2 – In license revocation for breach, the constructions, installations, as well as the goods entrusted to holders of licenses, revert to the licensing entities, unless otherwise expressed in the law, the licence or written agreement between the parties. 3-in cases of revocation on the grounds of public interest or airport security, licence holders are compensated by the amount of expenses that are not already depreciated and representing inseparable goods investment of land, buildings or premises licensed and busy, unless otherwise expressed in the law, the licence or written agreement between the parties. 4-the extension of the term of the licenses he maketh the duty of compensation referred to in the preceding paragraph for all investments made during the period finished, unless otherwise expressed in the law, the licence or written agreement between the parties.

Article 13 1 – where the public interest required the holding or airport security, can be determined to reduce the area of land and installations subject to licensing or your location change, however, their holders, within 15 days from the communication of Licensor, waive their rights or continue to exercise them through the new rate that eventually there's place. 2 – In any of the cases referred to in the preceding paragraph, holders of licences shall be entitled to be compensated in accordance with paragraph 3 of the preceding article.

14 article 14


1-Without prejudice to article 12, in the case of non-compliance with any of the conditions of its license holders, licensors may provide for the suspension, in whole or in part, of the same. 2-licences may also be suspended, in whole or in part, regulatory authorities, following a reasoned request submitted by the holders of licences and as long as you understand that is the most convenient or appropriate measure to economic, financial, commercial and operational airport exploitation. 3 – The suspension decision shall contain, among other things, the reasons, the deadline, as well as the possible financial guarantees or other conditions that understand appropriate to apply to the case. 4-the licence ceases its effects, without the right to any compensation of the right holder, once verified the technical, financial or economic inability of the holder to proceed with the activity licensed, or in the case of detachment of the holder in your resume. 5-the license can still cease its effects if entities licensors choose best suited to the interests of airport holding, being in this case the provisions of paragraph 3 of article 12 article 15 1-expiry of licences, regulatory entities come into immediate ownership of all goods could be separated from the premises and land occupied without prejudice to the obligation of holders of expired licenses send reset these in the State it was when you took them. 2 – [...].

15 article 16 1-[...]. 2 – are not required any fees to the armed forces and forces and security services, as well as to the National Service of firefighters and Civil protection and other corporations of firefighters, when in the exercise of powers and functions, and in relation to minimum areas and official means of transport or service necessary for the exercise of their duties at airports.

Article 18 1-[...]:) in the public domain operated by airport ANA-Aeroportos de Portugal, s.a., or by other companies that operate airports or aerodromes in the public domain of the State, as well as the fees for the terminal control services provided by Air Navigation of Portugal-NAV Portugal E.P.E., by order of the Minister responsible for the transport sector; b) [...]; c) [...]. 2-the amount of handling fees shall be: a) in the public domain operated by airport ANA-Aeroportos de Portugal, s.a., for the air navigation of Portugal-NAV Portugal E.P.E., or by other companies which exploit public domain State Airport, by the respective operators, after prior approval by the National Institute of Civil Aviation; b) [...]. 3 – the amount of occupancy rates of land and plant for activities directly and immediately related to air traffic, cargo and mail, as well as the exercise of groundhandling activities and the activities of procurement, repair and maintenance of aircraft, is fixed in accordance with the preceding paragraph. 16 4-the amount of occupancy rates not included in the preceding paragraph and other fees of a commercial nature is fixed by the entities who are committed to exploiting the respective airports or aerodromes, with limitations that result from its legal regime. 5-[previous paragraph 4]. 6-[previous No. 5]. 7 – the operators of airports with annual traffic greater than or equal to 500,000 passengers or 50,000 t of payload should consult in advance, within a period of not less than 30 days, the air carriers and handling agents, using continuous or regular, through their representative associations, in relation to changes in the system or in the amounts of the fees referred to , respectively, in paragraphs 1 and 3 and paragraphs 2 and 3 of this article. 8 – consider themselves representative associations for the purposes of paragraph 1, and without prejudice to other entities voluntary consultation recognized by the operator of the airport, the airport users Committee, set up pursuant to Decree-Law No. 275/99, of July 23, as well as other associations legally constituted, of carriers or users or providers of groundhandling, and whose associates in your set, demonstrating represent at least 25% of the annual traffic buzzing or assisted at the airport or the amount of fees charged by the airport.

Article 19 1-[...]. 2-for the purposes of the preceding paragraph and of paragraphs. 2 and 3 of article 18, the reasoned proposals and accompanied by information on the outcome of the consultation carried out in accordance with paragraph 7 of the previous article shall be subject to the National Civil Aviation Institute, at least 90 days prior to the date of commencement of your entry into force. 3 – the National Civil Aviation Institute gives advice and approves the proposals made by the competent authorities pursuant to paragraphs 1, 2 and 3 of the 17 article 18, as the case may be, within 45 days after the receipt of such proposals. 4 – unfavourable resolutions of the National Institute of Civil Aviation applications for approval under paragraphs 2 and 3 of article 18 of this law appeal optional for the Minister responsible for the transport sector, which shall decide within 30 days. 5 – not being issued opinion or endorsement by the National Institute of Civil Aviation under the terms and deadlines laid down in paragraph 3 of this article, the proposals shall be deemed approved.

Article 20 1-[...]. 2-Notwithstanding the are especially regulated, liquidation and collection of rates referred to in the preceding paragraph shall be governed by the legal provisions and regulations applicable to the majority of public services, in particular by the provisions of tax legislation in force.

Article 21-1 The fees payable by the occupation of land, facilities and locations in the area of public airports and aerodromes matures on day one of the preceding month to which they relate and shall be paid to the eighth of this month. 2 – [...]. 3 – [...].

Article 23


1 – the lack of payment of fees and other amounts in its term does incur the debtor in paying interest on late payments, under the terms established for the non-payment of fees due to the State, without prejudice to the Faculty of the licensor can revoke its licence. 2 – the lack of payment of fees within cool gives way to your collection, plus their compulsory 18 interest in tax enforcement process.

Article 24 1-[...]. 2 – the refusal is likely to contentious reaction in accordance with law.

Article 26 1-fees and default interest owed under this decree-law, the State and other entities who are committed to the management and operation of airports or aerodromes audiences enjoy privilege over the assets of debtors who are in the area of airports or airfields, and may be subject to withholding until full payment of the sums owed or to a court decision. 2-in the case of perishable goods or that represent proven risk to health or physical integrity of users of airports, the licensors could promote their destruction or slaughter, or, if possible, to your disposal, deducting, in the latter case, the value retrieved from the amount of existing debt. 3 – If the debt referred to in paragraph 1 is not regularized within 90 days of the request for payment, the licensors have the right to promote the sale of goods that are retained by deducting, in the latter case, the value retrieved from the amount of existing debt.

Article 27 1-The holders of licenses, your staff and the commanders of the aircraft or their representatives, shall be provided to the entities operating the airports or aerodromes all the necessary clarifications to the processing and collection of fees, in the form that they are 19. 2 – [...].

Article 31 1-the provisions of this decree-law shall not apply to regional public airports and aerodromes of the autonomous regions of the Azores and Madeira. 2-the autonomous region of the Azores is always heard with regard to the fixing of rates at airports or national civil aerodromes located in the autonomous region of the Azores.»

Article 2 set Standard is repealed article 25 of Decree-Law No 102/90 of 21 March, as amended by Decree-Law No 280/99 of 26 July.

Article 3 entry into force this law shall enter into force on the day following your publication.

Article 4 Republication is republished in annex, which is an integral part of this decree-law, Decree-Law No 102/90 of 21 March, in the version resulting from the amendments introduced.

Seen and approved by the Council of Ministers of the 20 Prime Minister the Minister of State and finance the Minister of national defence the Minister of public works, transport and communications 21 Annex (referred to in article 4) chapter I article 1 1 Licences – the occupation of land, buildings or other facilities and the exercise of any activity in the area of airports and aerodromes are made public in accordance with the rules applicable to the use of the public domain without prejudice to special provision to the contrary, and lack of license of entities who are committed to your management and or exploitation. 2-the licensing of aircraft ground support activities (handling) is the subject of its own legislation.

Article 2


1-the license is, in principle, granted through competitive selection procedures, aiming at the selection of tenders which are most appropriate in each case, the public interest and operability of the airport operation, observing the provisions of the following paragraphs. 2-the granting of the license will be preceded by negotiation with prior publication of a contract notice, namely: a) the size of the market and existing demand, or the magnitude of the investments involved, does not require the granting of licenses by concursais procedures; (b)) the length, complexity and procedural guarantees own tender procedures are proven to be incompatible with the objectives and intended results for licensing, or with the economic interest, commercial or operational airport exploitation in this case; c) the technical complexity of the activities or investments involved require a pre-evaluation of technical capabilities, commercial, financial and administrative entities concerned, 22 it is impossible to perform or achieve, effectively or efficiently, through other selection procedures; d) the operational, commercial and economic interest of the airport holding, or looking for existing warrants effectively in this case. 3-the granting of the licence must be preceded by a query when: a) following concursais procedures, negotiation or other, the previous procedure used for the same purpose has been desert, no application has been accepted, or all the proposals have been considered unacceptable, and provided that the original terms of the selection and award are not substantially altered; b) the nature of the activities to be carried out or inherent uncertainties do not permit or justify the definition of specifications required for your award in accordance with the tendering and negotiation procedures. 4-Notwithstanding the previous paragraphs, shall be awarded by direct agreement regarding occupation and licenses or use of: the Land, facilities and local) for the exercise of activities directly and immediately related to the support of the departure and arrival of aircraft, as well as the loading, unloading and forwarding of passengers, cargo or mail; b) land and facilities intended for the exercise of groundhandling activities, in particular the supply of fuels and lubricants, of supply, repair and maintenance of aircraft and other of the same nature; c) land and facilities intended for public services; d) Land and plant for the entities engaged in activities in the public interest; and Local advertising activity intended) and similar activities. 5 – The managing bodies of airports and aerodromes will, inform public, granting direct allowances, in particular where: a) the license should be assigned to a specific entity for technical reasons, the protection of exclusive rights or intellectual property rights, or when, in so far as is strictly necessary, for reasons of extreme urgency brought about by events unforeseeable, for 23 Licensor and not to be attributed , cannot be observed the time limits laid down for the procedures for negotiation or consultation; b) lands, facilities, or locations to license intended for activities that are complementary, extensions or enlargements of another or other activities carried out by the same holder and already the subject of previous licensing, or is inconvenient for purposes of commercial exploitation, security or operation of the airport or aerodrome, the existence simultaneously from multiple entities licensed for the same purpose; c) in the case of local licensing intended for installation of vending machines and similar equipment; d) in the case of local licensing or spaces of area 50 m2 or less, regardless of the purpose for which is intended. 6-selection procedures referred to in this article shall be governed mutatis mutandis by the provisions of Decree-Law No. 197/99, June 8, in everything that is not specifically regulated in this Decree.

Article 3 1-Competes to the licensors the fixing of conditions of admission, of the rules of procedure and the selection criteria applied in the selection procedures that are adopted in the exercise of the occupation and licensing of activities in the area of airports and aerodromes. 2-the factors involved in the allocation of licences are set out in the programme of the competition, in the invitation, the invitation or any equivalent instrument, depending on the procedure. 3-Notwithstanding the provisions of the following paragraph, the adoption of the selection procedure, the conditions for admission, the rules of procedure and the selection criteria must be supplied or advertised by the licensors with use of appropriate means of dissemination for the selection procedure adopted for each permit. 4 – where the licensing process for public tender, the conditions of admission, rules of procedure and selection criteria must be entered in the launch of the competition notice, to be published in a daily newspaper of national circulation. 24 Article 4 titles of licences shall show, in particular: a) the identity of the holder; b) lands and facilities that are the subject of licensing; c) the purpose or intended use the activity licence; d) the amount of the fee to be paid monthly by licensing; e); f) any other licensing conditions, in particular those concerning any compensation resulting from the reversal to the licensor of constructions and equipment of real estate object are inseparable from licensing.

Article 5


1-licenses are granted for a period right up to a maximum of five years and may be successively extended for periods identical or different, since the extension is required by their holders at least 90 days with regard to the expiry of the period in force. 2-the licences referred to in the preceding paragraph cannot have a global period of more than 20 years. 3-the licenses involving significant investments by their owners in buildings, facilities, or equipment required for licensed activities, or in the exercise of activities of particular complexity, which requires a repayment term longer than five years, may be granted for an initial period up to 40 years. 4-the licences referred to in the preceding paragraph may be successively extended for one or more periods, until the deadline of validity of global 50 years, and for this purpose the respective extension is requested by the holders of at least a year compared with the end of the period in force of the license, unless several of her established. 5 – extensions of licences referred to in paragraphs 1 and 4 always depend on the express permission of the licensor. 25 article 6 licensed activities must be carried out in order and no other disruptions continued other than those arising from their nature and function, of unforeseeable circumstances or force majeure.

Article 7 license holders cannot avail themselves of the content or validity of these deadline, to the detriment of the laws and regulations in force or of the determinations of the police bodies, regulation and supervision of the activities carried out in airports and aerodromes in the exercise of public powers committed to them by law.

Article 8 1-license holders can build, rebuild, demolish, enlarge, alter, modify or remodel the land, buildings and facilities subject to the same, since that previously authorized in writing by the entities referred to in article 1, without prejudice to other requirements and the conditions of employment laid down by law or regulation, as well as the involvement of other authorities or entities under the specific legislation applicable to the type and nature of the work or activity to be carried out. 2-for the purposes of the preceding paragraph, holders of licences shall instruct the application for authorization for works or works with written and drawn parts, and other elements that are however indicated by the licensors as required. 3-the authorisation or approval of works or works can be subject to the introduction of the amendments, duly substantiated, that are necessary for operating reasons understood or airport security. 4 – without prejudice to any powers of supervision and inspection legally assigned to other entities, it shall be the responsibility of the entities referred to in article 1 to inspect the conformity of execution of work authorized its final draft.

26 article 9 1-licence holders are responsible for the maintenance, repair, storage and security of land, buildings and facilities, and other assets entrusted to them by the licensors, as well as for all damages and caused the same modifications that cannot impute to the wear caused by your normal use. 2 – holders of permits respond also to the regulatory entities for acts and omissions of your people, occurred in the exercise of their functions, which cause damage to airports, at its premises to your operation or to third parties. 3-license holders must give written and immediate knowledge to the licensors of all facts or acts of third parties that constitute a threat or violation of their rights.

Article 10 1-locations and licensed premises and other assets entrusted to the holders of licences, as well as the exercise of your own activity, are subject to inspection and supervision of the regulatory bodies, which cannot be denied access and collaboration. 2-The holders of licenses, its staff, facilities and means used, are subject, in particular, the supervision of the customs service, police and security, with jurisdiction in the area of airports. 3-the holders of licences and the staff are still subject, in the area of public airports and aerodromes, all the rules, identity checks and other security procedures determined by the competent authorities.

Article 11 1-the rights and duties that are committed to the holders of licences, as well as the buildings and buildings that they have supported or funded, may be subject to transmission, in any form, since that previously authorized in writing by the licensors. 2-the entities licensors may revoke the licenses subject to transmission by 27 death, if the inheritance remain undivided for more than 120 days, or if, within 30 days of the date of the person's knowledge of the successor, this does not demonstrate meet capacity requirements and suitability that served as a basis for the granting of the licence. 3-the rights and duties arising out of licenses, as well as constructions and buildings by their holders, may be the subject of collateral, seizure, attachment or any other similar Providence, since that previously authorized in writing by the licensors, after verification of the existence of the capacity requirements and suitability of the respective beneficiary. 4-the authorization of licensors for the transfer or encumbrance of rights, buildings or facilities referred to in paragraphs 1 and 3, may be issued soon in the very title, in favour of third parties that support or guarantee by appropriate resources and financial instruments or banking, the realization of constructions, buildings, or activity to proceed by the licensee. 5-violation of provisions of this article determines the invalidity of the Act of transmission, replacement or creation of mortgage or any other collateral, or encumbrance of assets or rights, without prejudice to other penalties that fit case.

Article 12


1-licenses can be revoked at any time, in whole or in part, for non-compliance by the holder of any of the obligations set out therein, as well as based on the public interest of the farm or airport security. 2 – In license revocation for breach, the constructions, installations, as well as the goods entrusted to holders of licenses, revert to the licensing entities, unless otherwise expressed in the law, the licence or written agreement between the parties. 3-in cases of revocation on the grounds of public interest or airport security, licence holders are compensated by the amount of expenses that are not already depreciated and representing inseparable goods investment of land, buildings or premises licensed and busy, unless otherwise expressed in the law, the licence or written agreement between the parties. 28 4-the extension of the term of the licenses he maketh the duty of compensation referred to in the preceding paragraph for all investments made during the period finished, unless otherwise expressed in the law, the licence or written agreement between the parties.

Article 13 1 – where the public interest required the holding or airport security, can be determined to reduce the area of land and installations subject to licensing or your location change, however, their holders, within 15 days from the communication of Licensor, waive their rights or continue to exercise them through the new rate that eventually there's place. 2 – In any of the cases referred to in the preceding paragraph, holders of licences shall be entitled to be compensated in accordance with paragraph 3 of the preceding article.

Article 14 1-Without prejudice to article 12, in the case of non-compliance with any of the conditions of its license holders, licensors may provide for the suspension, in whole or in part, of the same. 2-licences may also be suspended, in whole or in part, regulatory authorities, following a reasoned request submitted by the holders of licences and as long as you understand that is the most convenient or appropriate measure to economic, financial, commercial and operational airport exploitation. 3 – The suspension decision shall contain, among other things, the reasons, the deadline, as well as the possible financial guarantees or other conditions that understand appropriate to apply to the case. 4-the licence ceases its effects, without the right to any compensation of the right holder, once verified the technical, financial or economic inability of the holder to proceed with the activity licensed, or in the case of detachment of the holder in your resume. 5-the license can still cease its effects if entities licensors the 29 most appropriate to the interests of the people to understand exploration, airport in this case apply the provisions of paragraph 3 of article 12 article 15 1-expiry of licences, regulatory entities come into immediate ownership of all goods could be separated from the premises and land occupied without prejudice to the obligation of holders of expired licenses send reset these in the State it was when you took them. 2-unless otherwise made in accordance with subparagraph (f)) of article 4, as provided in the preceding paragraph reversion will be free.

CHAPTER II article 16 1 rates – by the occupation of land, buildings or other facilities, as well as for the exercise of any activity in the area of public airports and aerodromes, for your use or its services and equipment are appropriate rates. 2 – are not required any fees to the armed forces and forces and security services, as well as to the National Service of firefighters and Civil protection and other corporations of firefighters, when in the exercise of powers and functions, and in relation to minimum areas and official means of transport or service necessary for the exercise of their duties at airports.

Article 17° given the nature of the services and activities developed, the rates to be charged in accordance with the previous article are grouped in traffic rates, handling, and other fees of a commercial nature.

18. Article 30°


1-the amount of the fees is fixed traffic, after prior opinion of the National Institute of Civil Aviation:) in the public domain operated by airport ANA – Aeroportos de Portugal, s.a., or by other companies that operate airports or aerodromes in the public domain of the State, as well as the fees for the terminal control services provided by Air Navigation of Portugal NAV Portugal and p. e. , by order of the Minister responsible for the transport sector; b) in airports and aerodromes regionalized, by order of the Government organs of the autonomous regions; c) at airports and aerodromes whose farm is the responsibility of the municipalities, by local organs competent. 2-the amount of handling fees shall be: a) in the public domain operated by airport ANA – Aeroportos de Portugal, s.a., for the air navigation of Portugal NAV Portugal and p. e., or by other companies which exploit public domain State Airport, by the respective operators, after prior approval by the National Institute of Civil Aviation; b) in airports and aerodromes regionalized or municipal, government bodies of the autonomous regions or local bodies, competent after a previous opinion of the National Institute of Civil Aviation. 3 – the amount of occupancy rates of land and plant for activities directly and immediately related to air traffic, cargo and mail, as well as the exercise of groundhandling activities and the activities of procurement, repair and maintenance of aircraft, is fixed in accordance with the preceding paragraph. 4 – the amount of occupancy rates not included in the preceding paragraph and other fees of a commercial nature is fixed by the entities who are committed to exploiting the respective airports or aerodromes, with limitations that result from its legal regime. 5 – In any of the cases referred to in the preceding paragraphs, can be fixed differentiation in rates according to the category functionality, density and period of use of each airport or airstrip, or modulated in function of 31 environmental protection reasons. 6. – companies which exploit public domain will always be airport heard with regard to the establishment of exemptions and reductions of rates which do not result from international agreements or recommendations of international organizations. 7 – the operators of airports with annual traffic greater than or equal to 500,000 passengers or 50,000 t of payload should consult in advance, within a period of not less than 30 days, the air carriers and handling agents, using continuous or regular, through their representative associations, in relation to changes in the system or in the amounts of the fees referred to , respectively, in paragraphs 1 and 3 and paragraphs 2 and 3 of this article. 8 – consider themselves representative associations for the purposes of paragraph 1, and without prejudice to other entities voluntary consultation recognized by the operator of the airport, the airport users Committee, set up pursuant to Decree-Law No. 275/99, of July 23, as well as other associations legally constituted, of carriers or users or providers of groundhandling, and whose associates in your set, demonstrating represent at least 25% of the annual traffic buzzing 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 authority for the setting of fees, or reasoned proposal of the operators and informed by the National Institute of Civil Aviation. 2-for the purposes of the preceding paragraph and of paragraphs 2 and 3 of article 18, the reasoned proposals and accompanied by information on the outcome of the consultation carried out in accordance with paragraph 7 of the previous article shall be subject to the National Civil Aviation Institute, at least 90 days prior to the date of commencement of your entry into force. 3 – the National Civil Aviation Institute gives advice and approves the proposals made by the competent authorities pursuant to paragraphs 1, 2 and 3 of article 18, as the case may be, within 45 days after the receipt of such proposals. 4 – unfavourable resolutions of the National Institute of Civil Aviation applications for approval under paragraphs 2 and 3 of article 18 .° Optional appeal 32 to the Minister responsible for the transport sector, which shall decide within 30 days. 5 – not being issued opinion or endorsement by the National Institute of Civil Aviation under the terms and deadlines laid down in paragraph 3 of this article, the proposals shall be deemed approved.

Article 20 1-the fees provided for in this Decree are liquidated and charged by entities operating public airports and airfields and, unless expressly provided otherwise, constitute own resources of those entities. 2-Notwithstanding the are especially regulated, liquidation and collection of rates referred to in the preceding paragraph shall be governed by the legal provisions and regulations applicable to the majority of public services, in particular by the provisions of tax legislation in force.

Article 21-1 The fees payable by the occupation of land, facilities and locations in the area of public airports and aerodromes matures on day one of the preceding month to which they relate and shall be paid to the eighth of this month. 2-The fees payable for the use of airports or aerodromes public by aircraft are charged before the departure of these and may, however, be special arrangements for recovery when the reasons related to the operation of the advise holding an airport. 3-in the case of users that operate regularly in the area of airports or airfields, can the respective operators fix periodic billing schemes eventually conditioned to provide asset guarantees good repute.

33 article 22 Except the cases covered by article before, fees and other sums owed to the airports or public aerodromes must be paid within 20 days from the date of issuance of the respective invoice.

Article 23


1 – the lack of payment of fees and other amounts in its term does incur the debtor in paying interest on late payments, under the terms established for the non-payment of fees due to the State, without prejudice to the Faculty of the licensor can revoke its licence. 2 – the lack of payment of fees within cool gives way to your enforced collection, plus their interest in tax enforcement process.

Article 24 1-complaints and appeals about rates settled not suspending the duty of payment and deemed deferred if within 60 days are not the subject of express decision. 2 – the refusal is likely to contentious reaction in accordance with law.

Article 25 [Repealed].

Article 26 1-fees and default interest owed under this decree-law, the State and other entities who are committed to the management and operation of airports or aerodromes audiences enjoy privilege over the assets of debtors who are in the area of airports or airfields, and may be subject to withholding, until full payment of the sums owed or to a court decision. 2-in the case of perishable goods or that represent proven health risk 34 or to the physical integrity of users of airports, the licensors could promote their destruction or slaughter, or, if possible, to your disposal, deducting, in the latter case, the value retrieved from the amount of existing debt. 3 – If the debt referred to in paragraph 1 is not regularized within 90 days of the request for payment, the licensors have the right to promote the sale of goods that are retained by deducting, in the latter case, the value retrieved from the amount of existing debt.

Article 27 1-The holders of licenses, your staff and the commanders of the aircraft or their representatives, shall be provided to the entities operating the airports or aerodromes all the necessary clarifications to the processing and collection of fees, in the form that is displayed. 2-the aircraft can be retained pending provided clarifications required under the preceding paragraph or are not complied with the provisions relating to the payment of fees.

CHAPTER III final provisions article 28 The principles and rules laid down in this Decree are applicable to all occupations and activities carried out in the area of public airports and aerodromes, regardless of the date of the respective license.

Article 29 are competent to hear appeals against all acts of concession, execution, suspension and revocation of licences referred to in this law the administrative courts.

35 article 30 the present law will be developed by regulatory decree, particularly with regard to the occupations and activities authorized in the area of public airports and aerodromes, by specification and classification of the corresponding rates, as well as the relevant exemptions and reductions, taking into account the provisions of articles 16 and 17 article 31 1-the provisions of this decree-law shall not apply to regional public airports and aerodromes of the autonomous regions of the Azores and Madeira. 2-the autonomous region of the Azores is always heard with regard to the fixing of rates at airports or national civil aerodromes located in the autonomous region of the Azores.

Article 32 1-the present law repealing Decree-Law No. 211/76, of 22 March, and Decree No. 235/76, of 3 April, without prejudice to the next paragraph. 2-pending quantitative rates established pursuant to article 18, remain in force articles 8 to 36 of Decree No. 235/76, of 3 April, as well as the respective regulatory Ordinances.