"In Portugal, beaches are public spaces with free access," reinforces the APA, within the scope of a clarification on the occupation of non-concessioned areas on bathing beaches.

Limits according to beach morphology

Noting that the occupation of maritime public domain areas by concessionaires is permitted when there is a valid license, this public body emphasises that these areas are subject to the limits, conditions and obligations defined in the respective licenses, depending on the morphological characteristics of each beach, the territorial management instruments and the determinations of the authorities.

In its technical clarification regarding the occupation of public maritime domain areas on bathing beaches, the APA (Portuguese Environment Agency) states that the Coastal Zone Management Plans and the Maritime Beach Management Regulations in force establish limits for the occupation of beaches by bathing support facilities, "ensuring a balance between private and public use," and that these occupations "cannot exceed 30% of the usable area of ​​the beach, nor 50% of the beach frontage."

The definition of areas allocated to private uses of the public maritime domain considers, among other things, "the morphological conditions of the beach, taking into account the opinion of the APA and considering the recommendations of the National Maritime Authority," it highlights, explaining that the private occupation of the water domain depends on a valid title and only produces effects within the limits defined therein.

"Titled areas are subject to their respective private use regime. Untitled areas remain for public bathing use, without prejudice to regulatory limitations and bathing safety standards. The signage to be used must identify the different areas," it adds.

Better understanding of the legal framework

In the context of the clarification, which aims to "contribute to a better understanding of the applicable legal framework," the APA says that the use of licensed areas is the responsibility of the concessionaires and "the limits of these areas must be properly identified on site, in a clear and visible way to users, through appropriate signage."

The APA also highlights "the important role of concessionaires in providing the beach support services foreseen in their respective licenses, through the provision and maintenance of equipment and support services for users," namely beach support facilities, sanitary facilities, changing rooms and beach surveillance ensured by lifeguards.

Work of several entities

According to this public entity responsible for implementing environmental policies, the public enjoyment of beaches is ensured by various competent entities, especially the APA, municipalities and the National Maritime Authority, "guaranteeing a balance between the concession activity, beach safety and the right of access and use of the public maritime domain by all citizens".

The APA emphasises that the National Association of Portuguese Municipalities (ANMP) was consulted on this technical clarification and considered it to be "a balanced document that reflects the current legal framework and the realities of different beaches and their respective concessions", and the National Maritime Authority (AMN) also expressed a "favourable" opinion.

Abusive imposition

The president of the APA said that the imposition of not placing umbrellas in front of beach concessions is an "abuse", guaranteeing that a clarification note would be released this week.

"The only area that is encumbered and under concession is the one delimited by that rectangle, and nothing else, let that be clear, all the rest is for free use," stated José Pimenta Machado during a visit by the Minister of the Environment to Praia do Garrão, in Loulé, in the district of Faro.