Regulations for exercising the maritime-tourism activity at the Port of Douro, in the area under the jurisdiction of APDL, SA
Regulations for exercising the maritime-tourism activity PDF
These regulations apply to the maritime-tourism activity at the Port of Douro in the area under the jurisdiction of APDL, SA. Authorised zones will be used for this purpose, namely those outlined on the map at Annex 1
Scope of Application
For the purposes of these regulations, maritime-tourism activities are understood to mean leisure, sports, cultural and teaching activities, which take place on vessels and aim to generate profits and/or promote tourism.
Entities that can carry out the maritime/tourism activity
The maritime-tourism services provided at the Port of Douro, in the area under the jurisdiction of APDL, SA, can be carried out by any collective persons or businessmen in an individual name provided authorisation has been granted by APDL, SA.
1 - The entities that intend to exercise the activities outlined in the previous articles must apply for a licence from APDL, SA. This application must include:
a) Identification of the applicant;
b) Company head office;
c) Tax number and code of the company's local tax office;
d) Description of the vessels to be operated and respective technical characteristics.
2 - The application for a licence must also be accompanied by an explanatory and justifying study with regard to the activity to be carried out, its organisation, permanent staff, technicians and materials provided, installations to be used and further details that are deemed useful for the assessment of the application and the project.
3 - It must also be accompanied by the following documents:
a) Certificate of the content of the company constitution contract and respective applicant registration or just the registration, depending on whether the applicant is a commercial company or an individual entrepreneur. The application must state that the object of its application is to undertake maritime-tourism activity;
b) Declaration listing the names of the Board of Directors members, management or governing body;
c) Document issued by the Institute of Financial Management of Social Security, proving that the company's social security contributions are up to date;
d) Declaration proving that all tax payments are up to date, issued by the company's local Tax Office;
e) Document proving authorisation for the maritime-tourism activity, as well as inscription in the Captaincy of the port with jurisdiction in the area of registry of the vessel or, if the registry is dispensed with, in the Captaincy of the port area where it operates;
f) Favourable statement from the Ship Inspection Authority, stating the safety of the vessel;
g) When applicable, a document proving the registry of the vessel and authorisation from the Captaincy of the port with jurisdiction in the area where the activity is to be exercised.
Exercising of the maritime-tourism activity regime
1 - The licences issued in line with these regulations will be granted in accordance with the characteristics of the projects presented, taking into account the economic and social interest and the locations available.
2 - The licences will be granted for an initial period of one to five years, which may be extended for further periods of one year, provided that the respective bearer requests so at least two months in advance of the end of the licence or its extensions, and the extension is authorised by APDL, SA.
3 - Exceptionally, the licences can be granted for periods of less than one year but always in multiples of one month. In this case the time periods are not extendable.
4 - A monthly fee is to be paid for the exercising of this activity calculated under the terms of Annex II of these regulations. This fee must be paid up to the 8th of the month preceding the month in question.
5 - Without affecting the other fees that may be levied under the terms of the APDL, SA Tariff Regulations, further fees may also be payable for the supply of water and electricity under the terms of this Regulations.
6 - The fee mentioned in point 4 of this article, calculated using the formula in Annex II,encompasses the exercising of the activity and the mooring in authorised locations.
1 - Shipping and unshipping of passengers can only take place at locations authorised for this purpose by APDL, SA, under the terms and conditions established in the respective licences.
2 - The use of berths or other locations may be interrupted by APDL, SA whenever, owing to public and/or port interest, it is deemed necessary to do so.
3 - Whenever, owing to the reasons outlined in the previous point or for safety reasons, it is necessary to repair a berth, APDL, SA may provide another temporary location for this purpose, if available. This does not confer the operator the right to compensation.
Obligations of the licence holder
Licence holders are obliged to:
a) Take out insurance or a bank guarantee to cover civil responsibility before APDL, SA, for a sum to be established upon the granting of the licence;
b) Provide staff with an identification card with a photograph, identifying the bearer as an employee of the licence holder;
c) Provide the port authority with the information and statistics, data or forecasts that are requested, related to the exercising of its activity in the licensed area;
d) Remove the vessel, at its own expense and risk, for safety or maintenance works or a requirement of any other nature that involves the transfer of the vessel to another location indicated for this purpose by APDL, SA;
e) Comply with the safety and hygiene rules that are indispensable for the protection of the environment;
f) Maintain the vessels in good condition with regard to safety, conservation and cleanliness;
g) Possess suitable defences or other specific facilities, in good state of conservation and properly positioned, in order to protect the vessels and goods belonging to third parties and the port authority;
h) Keep the vessels efficiently moored;
i) Facilitate the inspection activities carried out by APDL, SA as well as other bodies;
j) Comply with instructions given by APDL, SA or the bodies responsible for this area.
The maritime-tourism service provider cannot, under any circumstances, pollute the waters of the port and/or contaminate soils. Therefore it must guarantee that:
a) The washing waters (sink and bathrooms) are kept in their own compartment existing on board, so that they may be pumped to a suitable environment for the reception and treatment of these effluents;
b) The waste and drainage waters of the machines are kept in tanks on board installed for this purpose, and pumped to a transport means of a company licensed for the reception and treatment of these effluents;
c) The domestic waste produced on board is separated, placed into sacks and deposited into specific recipients for this purpose on land.
The licence holders are forbidden from:
a) Altering any of the conditions that served as presuppositions for obtaining the licence without prior communication and authorisation from APDL, SA;
b) Installing any equipment or objects on land or on accesses to support embarkation or the activity without obtaining prior authorisation from APDL, SA;
c) Using authorised locations for any purposes other than those outlined on the licence;
d) Transmitting rights granted to any other parties, without authorisation from APDL, SA, or in any way substitute its activity.
Removal of vessels
1 - Without affecting that outlined in line d), article 7, the vessels used to carry out this activity, as well as any other equipment or objects used by the vessels, may, at the expense and risk of their owners, be removed by APDL, SA from the locations where they are stationed.
2 – This removal will involve APDL, SA moving vessels and/or equipment to a location that it deems most appropriate. This measure will be taken whenever the respective owners, captains, masters or skippers, after being given notice, fail to remove them voluntarily within the time periods fixed or when, in an emergency situation, it is not possible to give warning.
Cancellation of licence
1 – Without affecting other sanctions outlined in legislation in force, the licence can be cancelled because of infringement of these regulations stipulations or the licence deed.
2 – Cancellation of the licence, under the terms of the previous point, does not make APDL, SA responsible for paying any compensation or refunding of the fees paid.
3 – Cancellation will not be effected without a prior audience with the licence holder.
The Board of Directors of APDL, SA will decide, case by case, on situations not specifically dealt with by these regulations.
The exercising of maritime-tourism activities at the Port of Douro, in the area of jurisdiction of APDL, SA, is subject to the payment of the following fees under the terms of article 5 of these Regulations:
1 - Quays or Berths:
1.1 - Exclusive occupation of quay for mooring vessels (maximum of two)
38,28 € / m of quay/month
1.2 - Berth occupation of the licence holder, for mooring of 2 vessels
2 - Vessels:
2.1 - Vessels carrying out cruises with hotel accommodation, with Tonnage over 400 GRT and without exclusive use of the quay - 2,44 €/TAB/month
2.2 - Vessels that carry out short-duration cruises, without accommodation, with or without meals served on board, and tonnage over 100 GRT and without exclusive right to use the quay - 2,71 €/TAB/month
2.3 - Vessels that carry out short-duration cruises, without accommodation, with or without meals served on board, and tonnage under 100 GRT and without exclusive right to use a private quay - 263,35 €/month
2.4 - Vessels or other floating structures with or without means of propulsion to serve as restaurants, bars or similar - 7,80 € x OL x B/month (OL-Overall Length) (B - beam)
3.1 - Wharves owned by the Port Authority: no permanent mooring for periods times of less than 2 hours, vessels with a length up to 18 m - 63,27/mooring
4 - The fees established above may, through decision from the Board of Directors of APDL, SA, be revised on an annual basis, altered on 1 January each year.
The Board of Directors of APDL, SA