Contact. MSP in general. Disclaimer. Verification Date. Funding attribution. European MSP Platform Consortium Contractors

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1 The Eurpean MSP Platfrm is financed by the Eurpean Cmmissin under the EMFF. The Eurpean MSP Platfrm is a result f the 'MSP Assistance Mechanism' implemented by EASME n behalf f DG MARE.

2 Cntact MSP in general Ministry f the Sea Directrate General f Natural Resurces, Safety and Maritime Services (DGRM) Jsé Manuel Marques (Head f Marine Envirnment and Sustainability Department) jmarques@dgrm.mam.gv.pt Directrate General fr Maritime Plicy (DGPM) Paul Machad (Senir Technical Expert) paul.machad@dgpm.mam.gv.pt Autnmus Regin f Azres Directrate General fr Maritime Affairs Filip Prteir (Reginal Directr) Autnmus Regin f Madeira Reginal Directrate fr Spatial Planning and Envirnment Manuel Ara Oliveira (Deputy) Disclaimer The infrmatin cntained in this dcument des nt represent the fficial view f the Eurpean Cmmissin. It has been prepared fr infrmatinal purpses nly, and shuld nt be cnsidered legally binding in any nature. The illustrative map shwn n the cver and n page 1 shuld nt be interpreted as a legal representatin f jurisdictinal bundaries. Verificatin Date This dcument has been verified by the respnsible MSP authrity (r representative) f Prtugal n Funding attributin The EU MSP Platfrm is financed by the EU Cmmissin under the EMFF. The EU MSP Platfrm is a result f the 'MSP Assistance Mechanism' implemented by EASME n behalf f DG MARE. Eurpean MSP Platfrm Cnsrtium Cntractrs with Thetis, University f Liverpl, NIMRD, and Seascape Cnsultants

3 Backgrund Infrmatin Basic facts n Marine Waters Prtugal has ne f the largest maritime areas in Eurpe. Accrding t Law N. 17/2014 i, related t maritime special planning and management, the natinal maritime space extends frm the baselines (as defined by UNCLOS) t the uter limit f the cntinental shelf beynd 200 nautical miles, and is rganized gegraphically in the fllwing sea areas: a) Between the baselines and the uter limit f the territrial sea; b) Exclusive ecnmic zne; c) Cntinental shelf, including beynd 200 nautical miles. Prtugal submitted a claim t extend its jurisdictin ver an additinal 2.15 millin square kilmeters f the neighbring cntinental shelf in May 2009, ii which wuld result in a maritime area with a ttal f mre than 3,877,408 km. Maritime Spatial Plan (MSP) authrities and legislatin General Respnsibility fr maritime affairs passed in 2015 t a new Ministry f the Sea iii. The Directrate General fr Natural Resurces, Safety and Maritime Services (DGRM) iv is respnsible fr the crdinatin, preparatin and develpment f the Situatin Plan. The Reginal Directrate fr Spatial Planning and Envirnment v f the Madeira Reginal Gvernment is respnsible fr the preparatin and develpment f the Situatin Plan in maritime space adjacent t the Madeira archipelag, between the baseline and the cntinental shelf until 200 nautical miles. MSP Cuntry Infrmatin Prfile Prtugal Nvember

4 The Reginal Directrate fr Maritime Affairs vi f the Azres Reginal Gvernment will be respnsible fr the preparatin and develpment f the Situatin Plan in maritime space adjacent t the Azres archipelag, between the baseline and the cntinental shelf up t 200 nautical miles. The Directrate General fr Marine Plicy (DGPM) vii chairs the advisry cmmittee created t assist in the preparatin f the Situatin Plan in the maritime zne between the baseline and the cntinental shelf beynd 200 nautical miles (with the exceptin f the natinal maritime space adjacent t the Madeira and the Azres archipelags). Planning n natinal level There exists ne natinal MSP study frm 2011 (POEM) disseminated thrugh the DGPM website. viii Future MSP plans (Situatin Plan and Allcatin Plans) will be based n the Prtuguese marine spatial planning and management framewrk: Law N. 17/2014 and Decree-Law N. 38/2015 ix. Natinal MSP authrity Ministry f the Sea Reginal MSP authrity Reginal Directrate fr Maritime Affairs, Autnmus Regin f the Azres Reginal Directrate fr Spatial Planning and Envirnment, Autnmus Regin f Madeira Details The Inter-ministerial Cmmissin fr Maritime Affairs (CIAM) x brings tgether representatives f all the cncerned ministries. The autnmus regins f Madeira and Azres have exclusive and shared cmpetencies n maritime affairs tgether with the Natinal Gvernment. The Natinal Ocean Strategy xi is the public plicy instrument in Prtugal fr the sustainable develpment f the ecnmic sectrs related t the cean. It presents a new mdel f develpment f cean and castal areas that will allw Prtugal t meet the challenges fr the prmtin, grwth and cmpetitiveness f the maritime ecnmy. Prtugal's return t the sea depends n the implementatin f a strategy based n knwledge and technlgical prgress and n the size and gegraphy f the emerged and submerged natinal territry, including the new extended dimensin resulting frm the submitted prpsal t extend the cntinental shelf beynd 200 nautical miles. The Strategy pints t the maritime spatial planning system and the cmpatibility f the different existing and ptential activities that may take place therein, alng with the simplificatin f the respective administrative prcedures, as key peratins t the implementatin f the Strategy and fr creating the cnditins necessary fr the grwth f maritime ecnmy and envirnmental and scial imprvement. Prgress In April 2014, Law N. 17/2014 n marine spatial planning and management was apprved as the fundamental law fr MSP fr all the Prtuguese maritime space, including the cntinental shelf beynd 200 nautical miles. Its enabling legislatin, Decree-Law N. 38/2015, entered int frce n 12 March 2015, and develps the marine spatial planning and management fundamental law, defining, amng thers, the regime f maritime spatial planning instruments: i) Situatin Plan with the identificatin f the prtectin and preservatin areas f the maritime space, and the tempral and spatial distributin f current and ptential uses and activities; ii) Allcatin Plans fr the private use f sme areas r vlume f the maritime nt cnsidered in the situatin plan. In 2015, Order N /2015 established the beginning f the preparatin and develpment f the Situatin Plan, defining the cmpetent authrities fr preparatin and supprt f the prcess. The 2 MSP Cuntry Infrmatin Prfile Prtugal Nvember 2017

5 Situatin Plan (PSOEM) is being develped and a website has been created t supprt its elabratin, which cmprises a geprtal relating t the Prtuguese maritime space: In 2014, the publicatin f the fundamental law f Land, Terrestrial Planning and Urbanism (Law N. 31/2014) xii changed the territrial management system. The land system is separated frm the maritime space system althugh the systems shuld be integrated. Accrding t the law, the Castal Zne Management Plans which cnsiderer a maritime zne f prtectin will be renamed Prgrams Castal Zne (POC), keeping its natinwide status, but taking a mre prgrammatic level; this safeguards natural resurces and values thrugh guiding principles and standards and management. Decree-Law N. 80/2015 xiii regulates this fundamental law. Overview f MSP-related uses and issues The Natinal Ocean Strategy , accrding t its actin plan, refers t the fllwing maritime activities: Natural Living Resurces: Fisheries and fishing Industries Aquaculture Marine bitechnlgy Natural Nn Living Resurces Marine mineral resurces Marine energy resurces Infrastructures, uses and activities Prts, transprt and lgistics Recreatin, sprts and turism Shipbuilding, maintenance and repairs Castal defence The actin plan als fcuses n activities related t knwledge f the cean and the atmsphere and scientific research in different dmains and t sme administrative and gvernance aspects. The natinal MSP framewrk establishes als the regime fr private use f the maritime space f the fllwing uses and activities: Aquaculture Marine bitechnlgy Marine mineral resurces and related infrastructures Marine energy resurces and renewable energies and related infrastructures Infrastructures Scientific research Recreatin, Sprts and Turism Underwater cultural heritage MSP Cuntry Infrmatin Prfile Prtugal Nvember

6 Maritime Spatial Plans Existing Maritime Spatial Plans N legally binding fficial plan Pilt plans r prjects Nt legally binding: POEM (2011) Plan de Ordenament d Espaç Marítim: Vlume 1. Scpe; Vlume 2. MSP prpsal, including maps; Vlume 3. Strategic Envirnmental Assessment reprt; Vlume 4. Nn technical resume; Vlume 5. Diagnstic and technical reprt; and Synthesis Vlume. Initially, POEM was develped as a sectral plan, under the crdinatin f the frmer Water Institute (INAG) between 2009 and 2011, cvering maritime space adjacent t mainland Prtugal (EEZ included), finalised by DGPM xiv. Under Order N.14449/2012, this was granted nt the status f a planning instrument, but a study n the uses and activities that take place in the Prtuguese maritime space. xv POEM included the fllwing maritime sectrs: Shipping Prts Mineral extractin Oil and gas explitatin Offshre renewable energy prductin Fishing Aquaculture Turism (incl. recreatin and sprts) Under water cultural heritage Nature prtectin Military Submarine cables and pipelines Prtugal was invlved in crdinating the Eurpean Cmmissin-funded prject TPEA Transbundary Planning in the Eurpean Atlantic, invlving UK, Ireland, Prtugal and Spain, and develped a prpsal fr a Geprtal, fr data sharing between Member States (Prtugal-Spain) and further explred methdlgies fr crss brder cperatin and crdinatin with the adjacent castal zne. This prject was cmpleted in May 2014 and a gd practice guide was published. xvi One pilt area, Algarve Gulf f Cadiz, was arund the Iberic natins suthern brders. 4 MSP Cuntry Infrmatin Prfile Prtugal Nvember 2017

7 Aspects f the MSP prcess Sustainable develpment and grwth in the maritime sectr Law N. 17/2014 intrduced a new and larger cncept f the Prtuguese territry while recgnizing, at the same time, that uses and activities in the natinal maritime space must be subject t cherent and efficient spatial planning and management. These included integrating the envirnmental, scial and ecnmic dimensins. Ecsystem-based apprach (EBA) The main bjective f the POEM was t prvide an verview based n the principle f sustainable develpment, the precautinary principle and the ecsystem apprach in planning, thrugh the review and planning f the present and future uses, allwing supprting a truly integrated, prgressive and adaptive management f the cean and castal zne and the activities assciated with them. This principle is als established in the Law N. 17/2014. C-existence f uses POEM develped an apprach fr cmpatibility f uses and activities. There are cases f c-existence f uses in the maritime space namely aquaculture and subaquatic activities xvii and an experimental prject n the c-existence f a wind platfrm and aquacultures was defined xviii. Resilience f climate change impacts The Natinal Strategy fr Climate Change Adaptatin (ENAAC) xix fcused initially n reducing the impacts n the castal zne, and were cnsidered a set f measures t prevent the effects in this area. The update f this strategy (ENAAC 2020, apprved by the Cuncil f Ministers Reslutin N. 56/2015), xx created a special wrking grup fr the castal zne and sea, and adaptatin measures due t take place until 2020 are in develpment, namely t prevent and mnitr the effects f climate change n land and sea. Land-sea interactins The Castal Zne Management Plans (POOC) xxi cvers almst all the Prtuguese castal zne and cnsiders a terrestrial zne f prtectin frm the cast line until 500 m and a maritime zne f prtectin extending until the bathymetry f 30 m. Accrding the ICZM UE Recmmendatin 2002/413/CE, Prtugal apprved in 2009 the Natinal strategy fr integrated castal zne management, (Cuncil f Ministers Reslutin N. 82/2009) and is currently in revisin. One f the principles established in Law N. 17/2014, requires maritime spatial planning t be cherent with castal management. In additin, ne f the bjectives f the law refers t the prtectin and recvery f castal ecsystems. MSP Cuntry Infrmatin Prfile Prtugal Nvember

8 Maritime space fr the purpse f the applicatin f Law N. 17/2014 is defined in its Article 2: the Prtuguese maritime space extends frm the baselines t the uter limit f the cntinental shelf beynd 200 nautical miles. Baselines are defined in accrdance t UNCLOS as the lw-water line alng the cast as marked n large-scale charts fficially recgnized; and in the muths f rivers that flw directly int the sea and in the sea and in pen castal lagns. In 2014, as referred befre the Law N. 31/2014 changed the territrial management system. Accrding t the law, the special plans (which include POOC) shall be renamed Prgrams Castal Zne (POC), keeping its natinwide, but taking a mre prgrammatic level, establishing nly safeguard schemes natural resurces and values thrugh guiding principles and standards and management. The tw planning regimes mentins in their dispsitins the need t articulate the existing instruments in land an n sea. Accunt fr multiple aspects Relevant aspects cnsidered include the activities and cncerns referred t in sectin 1.3. Prtugal has undertaken sectral plans (e.g. fr ffshre renewable) that have identified pprtunity znes where there are minimal cnflicts and areas with a high level f ptential cnflicts. These exercises have ften been supprted by SEAs which have prvided stakehlders an pprtunity t highlight issues r win-win situatins. xxii Cherence with ther prcesses Marine Strategy Framewrk Directive (MSFD) Draft versins f the Marine Strategies were available nline and in the ffices f DGRM fr cnsultatin and cmments in The public participatin prcess fr the Mnitring Prgrammes and Prgrammes f Measures was als develped. The Prgrammes were submitted t the Cmmissin and are available nline and in the ffices f the DGRM fr cnsultatin. Integrated Castal Zne Management (ICZM) The revisin f the reginal Castal Zne Management Plans is nging and expected t be cncluded by Decree-Law N.159/2012, regulating the elabratin and implementatin f the POOC, the definitin f prtectin levels and the delimitatin f prtectin areas, within the cntext f integrated castal management, will be als subjected t a revisin t take int accunt the dispsitins f the Decree-Law N. 80/2015. Strategic Envirnmental Assessment Plans and prgrams are subjected t Strategic Envirnmental Assessment xxiii accrding t Decree-Law N. 232/2007 (amended by Decree-Law N. 58/2011), that transpsed Directive 2001/42/CE. During the preparatin f POEM was develped a Strategic Envirnmental Assessment accrding the law, cmprising a perid fr public cnsultatin. The new MSP framewrk establishes that the Strategic Envirnmental Assessment is mandatry fr the Situatin Plan. The Allcatin Plans are submitted t Envirnmental Impact Assessment (EIA) accrding t the crrespndent legal regime. Stakehlder Invlvement The draft versin f POEM was available nline and in the ffices f the ex- Water Institute (INAG) fr cnsultatin and cmments between 29 Nvember 2010 and 22 February A series f thematic wrkshps were als rganised in different castal 6 MSP Cuntry Infrmatin Prfile Prtugal Nvember 2017

9 lcatins, fcusing n the fllwing tpics: Navigatin and transprts, Fisheries and aquacultures, Turism and sprts, Defence and natinal safety, and scientific research. Prtugal als participated in the EU prject fr Transbundary Planning Eurpean Atlantic (TPEA), which includes jint wrk with Spain in the Algarve-Gulf f Cadiz. In the cntext f this prject, 3 main wrkshps tk place at key mments. The wrkshps tk place in bth cuntries and stakehlders were invited frm public entities with jurisdictin in the licensing and inspectin f activities and uses f marine space and the marine and/r castal zne, and representative rganisatins frm the relevant sectrs frm bth cuntries. Partners and advisrs were als invited. The first wrkshp was held in Prtugal in March 2013 in the very beginning f the prject within the Initial Assessment, leading t a summary and analysis f stakehlder perceptins f needs and pprtunities and suitable lcatins fr crss-brder MSPA. The secnd jint Spain-Prtugal wrkshp was held in Huelva (Spain) in Nvember 2013, and the main features f the transbudary area f Algarve-Gulf f Cadiz were presented and discussed. The third and final wrkshp was held in Tavira in March 2014 (Prtugal) t discuss the different scenaris defined fr the crss-brder maritime spatial plan. Use f best available data dmain. Significant prgress in integrated data management seems underway. POEM cllected a significant amunt f infrmatin related t the marine features and maritime uses and activities, mst f them gereferenced, which is cnsidered a reference in this The MSFD reprts, frm all the Prtuguese maritime space represent als an imprtant step in the use f the best available data, and update the POEM infrmatin. Trans-bundary cperatin The EC-funded prject Transbundary Planning Eurpean Atlantic (TPEA), included jint wrking between Spain and Prtugal in the Algarve-Gulf f Cadiz pilt area. Cperatin with third cuntries Prtugal signed in 2015 a Memrandum f Understanding with the Republic f Cab Verde, which includes cperatin in the MSP dmain. MSP Cuntry Infrmatin Prfile Prtugal Nvember

10 Surces Relevant legislative acts Prtuguese marine spatial planning and management framewrk: Law N. 17/2014 and Decree- Law N. 38/2015 Order N.11494/2015, establishing the develpment f the Situatin Plan fr all Prtuguese maritime space with the exceptin f space adjacent t the Azres. Order N /2012, disseminating POEM Natinal Ocean Strategy : Cuncil f Ministers Reslutin N.12/2014 Specific citatins i ii iii iv v vi vii viii ix x xi xii xiii xiv xv Frazã Sants, C., Dmings, T., Ferreira, M.A., Orbach, M. & Andrade, F. (2014) Hw sustainable is sustainable marine spatial planning? Part I!: the Prtuguese experience, Marine Plicy 49, xvi xvii xviii xix xx xxi xxii Payne, I., Tindall, C., Hdgsn, S. Harris, C. (2011): Cmparative analysis f Maritime Spatial Planning regimes, barriers and bstacles, gd practices and natinal plicy recmmendatins. Seanergy 2020 Prject, D 2.3 xxiii 8 MSP Cuntry Infrmatin Prfile Prtugal Nvember 2017