Association of Concessionaires of the Algarve Seafront against the conclusions of the Portuguese Environment Agency: “We think it is not right, because it has never been like this (…) placing the umbrellas in front of the concessions can cause some hassle and can put people’s safety at risk.”
Bathers can place parasols in front of the beach concessions, which “they cannot exceed 30% of the useful area of the beach, nor 50% of the beach front”indicates the Portuguese Environment Agency (APA), in a technical clarification released this Tuesday.
“In Portugal, beaches are spaces for public use and free access”, reinforces the APA, as part of a new clarification on the occupation of non-concessional areas on bathing beaches.
Noting that the occupation of maritime public domain areas by concessionaires is permitted when there is a valid license, this public body emphasizes that These areas are subject to the limits, conditions and obligations defined in the respective licensesdepending on the morphological characteristics of each beach, the territorial management instruments and the authorities’ determinations.
In the technical clarification on the occupation of areas of public maritime domain on bathing beaches, the APA states that the Coastal Planning Plans and the Maritime Beach Management Regulations in force establish limits for the occupation of beaches by bathing facilities, “ensuring a balance between private use and public use”, and these occupations “cannot exceed 30% of the useful area of the beach, nor 50% of the beach front”.
The definition of the areas allocated to private uses of the public maritime domain considers, among others, “the morphological conditions of the beach, taking into account the opinion of the APA and considering the recommendations of the National Maritime Authority”, he highlights, explaining that the private occupation of the water domain depends on a valid title and only produces effects within the limits defined therein.
“The titled areas are subject to the respective private use regime. The non-titled areas remain allocated to public bathing use, without prejudice to regulatory limitations and bathing safety rules. The signage to be used must identify the different areas”, he adds.
As part of the clarification, which aims to “contribute to a better understanding of the applicable legal framework”, the APA states that It is up to the concessionaires to use the licensed areas and “the limits of these areas must be properly identified on site, clearly and visible to users, through appropriate signage”.
The APA also highlights “the important role of concessionaires in providing beach support provided for in their respective licenses, through the provision and maintenance of equipment and support services for users”, namely beach support, sanitary facilities, changing rooms and bathing surveillance provided by lifeguards.
Also according to this public entity responsible for implementing environmental policies, the public enjoyment of the beaches is ensured by the various competent entities, namely the APA, municipalities and the National Maritime Authority, “ensuring the balance between the concessioned activity, bathing safety and the right of access and use of the public maritime domain by all citizens”.
The APA highlights that the National Association of Portuguese Municipalities (ANMP) was consulted on this technical clarification and considered that it is “a balanced document, which reflects the current legal framework and the realities of different beaches and respective concessions”, and the National Maritime Authority (AMN) also spoke “favorably”.
The “abuse” controversy
Last week, the president of the APA said that the requirement not to place parasols in front of beach concessions is a “”, guaranteeing that a clarification note would be released this week.
“The only area that is encumbered and that is concessioned is the one that is delimited by that rectangle and nothing else, let’s be clear, everything else is free to 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.
“Annoyances” and safety at stake, says AISCOMA
Meanwhile, some dealers in the Algarve commented on the situation.
The Association of Concessionaires of the Algarve Seafront (AISCOMA) contested the APA’s clarification that bathers can place parasols in front of beach concessions, arguing that this “could put safety at risk”.
“What is not right, in our understanding, is for the general population to place umbrellas in front of concessions […]why It is an area that must be freeis an area that lifeguards, if there is any situation, […] they must be free to be able to act under appropriate conditions and not put anyone in danger”, said the president of AISCOMA, Artur Simão, in statements to the Lusa agency.
Artur Simão said that “everything is correct” regarding what has been defined in relation to bathing facilities, but expressed concerns regarding the permission to place parasols in front of beach concessions.
“We think it’s not right, because it’s never been like this, and I think it’s very popular, it’s very popular to say that ‘yes sir, that people can put their umbrellas in front of the concessions’, but then, in practice, it can cause some hassles and can put people’s safety at risk,” he declared.
On the other hand, the president of AISCOMA highlighted that there are beaches that are “desilted” this year, including in the Algarve, and what happens is that people, “often”, they place their hats on the wet sand and, if a strong wind comes, they can injure other bathers.
Artur Simão argued that in the entire area in front of the beaches “people must move freely”, highlighting that lifeguards also need space to work, including with watercraft. “Everything needs to be free, the entire beachfront, so that they can circulate and that people’s safety is not at stake.”
“We know that the space is public, but what is certain is that the entire beachfront must be free. It must be free so that there is movement, whether for people walking and who are not about to sit, or for lifeguards to move around freely and who are not going over umbrellas and, in some emergency situation, which puts everything in danger and everything at risk”, he reinforced.
