REGULATIONS FOR THE OPERATION AND USE OF THE DOURO WATERWAY

 


The Board of Directors of APDL - ADMINISTRAÇÃO DOS PORTOS DOURO LEIXÕES E VIANA DO CASTELO, S.A., in the use of the powers conferred on it by article 3, no. 1, no. 2 e), g) and j) of Decree-Law no. 335/98, of 3 November, by article 1, no. 1 and article 16, both of Decree-Law no. 83/2015, of 25 May, by article 10 c) of the Statutes annexed to it, and by article 16 of Decree-Law no. 335/98, of 3 November, by article 1, no. 1 and article 16, both of Decree-Law no. 83/2015, of 25 May. In its meeting of 11 July 2019, the Board of Directors decided to approve, after public consultation, the attached Regulations for the Operation and Use of the Douro River Waterway, which will come into force on the day following their publication in the Diário da República.

22 July 2019 - The Chairman of the Board of Directors, Guilhermina Maria da Silva Rego

REGULATIONS FOR THE OPERATION AND USE OF THE DOURO WATERWAY

  • These Regulations establish the rules and procedures to be observed when using and operating the Douro River waterway, hereinafter referred to as the VND.

    Article 2.º - Ambit

    1 - These regulations apply throughout the area of jurisdiction of APDL - Administração dos Portos do Douro, Leixões e Viana do Castelo, S.A., hereinafter referred to as APDL, over the waterway of the River Douro, from the mouth of the River Águeda, a tributary of the left bank of the River Douro, to its bar, as defined in Article 5(2) of Decree-Law 83/2015 of 21 May and Article 7(1)(a) of Decree-Law 335/98 of 3 November.

    2 - The area of jurisdiction referred to in the previous paragraph also includes the land and bodies of water delimited by the contours and lines defined in the plans in Annex III to Decree-Law 83/2015 of 21 May, available on the official website of APDL - Via Navegável do Douro.

    Article 3.º - Port Interest

    For the purposes of this Regulation and other specific regulations inherent to VND, port interest is understood as a set of values to be pursued by APDL in defence of the public interest, namely:

    Ensuring the safety and conservation of the infrastructure, facilities, buildings and port equipment of the VND;
    Safeguarding property and the environment in the river and land areas of VND under its jurisdiction;
    Protecting the legitimate interests of the port authority, port community and VND users;
    Optimising and rationalising the economic exploitation and development of the VND.

    The application of the rules contained in this Regulation and in complementary regulations may be jeopardised whenever the port interest justifies it and is invoked by the port authority.

    Article 4.º - Definitions

    Fuel or lubricant supply - the transfer of petroleum products, fuels or lubricants from licensed or concessionary fixed stations in the VND or by self-tanker and intended for the propulsion of the vessel itself or its auxiliary means and equipment.

    Anteports of locks - sections of the waterway between the downstream gate of the lock and the end of the longest guiding wall leading to it, and between the upstream gate of the lock and the end of the longest guiding wall leading to it, and/or duc d'alba structures upstream of it.

    Notice - means of publicity used by APDL to publicise any determinations, recommendations or guidelines relating to VND.

    Navigation channel - waterway marked out with navigation aids in the regulatory colours, from the Douro River bar to the Douro International limit;

    Propelled train - a set of interconnected vessels, aligned in a column, at least one of which is placed in front of the motorised vessel, which ensures the train's propulsion and is called the ‘impeller’;

    towed convoy - a combination of two or more vessels, floating equipment or materials towed by one or more vessels that are also part of the convoy;

    CUV - track utilisation certificate issued by APDL, for the purposes of access, movement and manoeuvring of vessels in the VND, attesting to its suitability, namely, to the characteristics and specificities of its sections, as well as the allocation of a base quay;

    Base quay - a berth suitable for ensuring the safety and logistical operation of the vessel;

    Day - the period between sunrise and sunset;

    River-sea port call: navigation in the VND by a vessel coming from another port or leaving the ports, quays and wharves of the River Douro bound for the sea;

    Vessel - any device or apparatus of any kind used or capable of being used as a means of transport by water, except a moored seaplane;

    Sports boat - a boat intended exclusively for sports, with or without registration, such as canoes and kayaks;

    Small craft - any craft with a gross tonnage of 20 tonnes or less, with the exception of:

    Built or certified for towing, propelling other vessels or towing vessels in formation alongside other than small craft;
    Authorised to carry 12 or more passengers;

    Floating equipment - a seaworthy construction with mechanical installations such as cranes, derricks or lifts;

    Floating establishment - floating installation for predominantly immobilised use in VND, namely docks, hangars or wharves;

    paired formation - a group of vessels moored alongside each other, one of which is motorised to ensure the formation's propulsion;

    Navigator - captain, master, chief mate or any other person in charge of a vessel in the VND;

    Stopover Plan - a procedure for planning navigation in the VND through which the operator provides, among other information, the travel routes they intend to carry out with a view to authorisation by APDL;

    Series of very brief sounds - a repetition of at least six sounds lasting at least a quarter of a second, separated by intervals of the same duration;

    Short sound - a sound lasting approximately one second;

    prolonged sound - a sound lasting about four seconds; the interval between two consecutive sounds is about one second.

    Article 5.º - Waterway utilisation (VND)

    1 - The outward length, breadth, height above the waterline, draught, means of mechanical propulsion and speed of vessels, as well as the existence of navigational support equipment operated by qualified crew members, must be compatible with the characteristics of the VND, namely the turbid flows, locks and works of art along its route.

    2 - The issue of a CUV for access, movement and manoeuvring of vessels in the VND is subject to the existence of a base quay.

    3 - Vessels using the VND on a fluvial-maritime stopover basis, as well as vessels used for fishing, recreational or sporting activities, are exempt from CUV and must comply with the Stopover Plans approved by APDL.

    4 - The CUV must be requested by interested parties by filling in the form made available by APDL on the Douro-VND Portal.

    5 - The movement of vessels on the same reservoir or involving lock operations on the VND must be announced in advance via the JUP/Virtual Counter provided by APDL.

    6 - Any vessel, convoy, ‘paired formation’ or floating equipment using the VND is governed by the navigator and is under his responsibility and authority.

    7 - Convoys or ‘paired formations’ are subject to the authority and responsibility of the navigator of the motorised vessel.

    8 - In a propelled convoy, only the propelling vessel requires a navigator, and all vessels are under his authority and responsibility.

    9 - When using the VND, the vessel's navigator must adopt the appropriate measures to avoid danger to the life and physical integrity of persons, hindrance to navigation, damage or harm to other vessels or floating materials, the banks, works or installations of any kind on or near the banks.

    Article 6.º - Scale plans

    1 - The operator of a vessel with a valid CUV wishing to use the VND must obtain approval for the Stopover Plan, providing information on the vessel, crew, passengers and intended movements.

    2 - The movements referred to in number one include the type of journey, ascent/descent from the VND, departure and arrival times, embarkation and disembarkation locations, as well as, if applicable, requests for lockage, overnight stays, berthing and night navigation.

    3 - The Stopover Plan must be submitted, via the JUP or the Virtual Counter provided by APDL, by 12.30pm on the day before the start of the trip and its cancellation is only allowed until 5pm on the same day.

    4 - For reasons of safety, VND management or port interest, APDL may, at any time, even after the start of the journey, alter the approved Stopover Plan.

    Article 7.º - Waterway signalling (VND)

    1 - With a view to the safety of navigation, a river signalling system is installed for the channel and waterway, consisting of buoys and beacons, in accordance with the National Maritime Signalling Regulations, the IALA international standards and the dimensions appropriate to the navigable channel, with red buoys or beacons signalling the navigable limit on the right bank of the river and green buoys or beacons signalling the limit of the navigation channel on the left bank of the river, configured with the daytime visual and night-time visual subsystems and, where applicable, supplemented with electronics.

    2 - In addition to signposting on the water plane, there are markings or signposting panels on the engineering structures that cross the VND and which provide complementary indications for navigation.

    3 - There are buoys and markers positioned near the banks that indicate the decadal points of the VND.

    4 - Vessels must not sail beyond the signalled limits of the navigation channel and, should this occur, the respective navigator bears full responsibility for the risk of such a manoeuvre.

    Article 8.º - Signalling under the Waterway bridges (VND)

    1 - Signalling under bridges, day and night, is done by means of marks placed on their structure (pillars, arches or deck, as the case may be) to indicate the navigation channel, i.e. a green triangle-shaped mark at EB and a red square-shaped mark at BB, both upstream and downstream of the bridge.

    2 - Where appropriate, there is a circular mark with vertical red and white stripes, signalling the axis of the channel or the best place for navigation to pass.

    3 - The marking of bridges can be supplemented with specific marks to limit the width of the navigation channel, prohibit ships from crossing, with navigation taking place in one direction only (alternately), restrict the free height above the water surface or require VHF communications (indicated channel) to be established at the mark.

    Article 9.º - Protection of Waterway Signs (VND)

    1 - It is forbidden to moor any vessel to the means of signalling the VND, namely buoys, floats, beacons and panels.

    2 - It is also forbidden to use VND signalling equipment for other purposes, namely to support structures, objects, nets, fishing gear or other physical elements that are not part of the signalling equipment.

    3 - When a vessel or floating material displaces or damages any VND signalling equipment, it is obliged to inform APDL immediately.

    4 - Whenever the navigator of a vessel detects any anomaly in the signalling equipment, namely the disappearance or displacement of buoys or the destruction of signs, he is obliged to inform the APDL and the Maritime Authority immediately.

    5 - Whenever any object or light source placed on the shore is detected that conflicts with the VND signalling and respective lighting, APDL may remove it in a situation of urgent and justified need or, in any case, order the person responsible to adopt the behaviour or material operations that seem appropriate to minimise or eliminate such an obstacle.

  • Article 10.º - General Principles

    Navigation in the VND is carried out in accordance with the International Regulations for Preventing Collisions at Sea, 1972 (R.I.E.A.M.) and the specific rules of these Regulations.

    Article 11.º - Communications

    The VHF communications plan set out in Annex I to these Regulations, which forms an integral part thereof, shall apply on the waterways of the River Douro.

    Article 12.º – Navegation on the Waterway (VND)

    When navigating on the Douro bar or on the VND, the following special rules must be observed:

    1 - Maritime-tourist, local traffic, fishing, recreational and sports vessels must take into account the limited manoeuvring capacity of commercial vessels and not disturb or hinder their movements.

    2 - Navigate sufficiently far from quays and moorings so as not to obstruct the manoeuvres of ships or vessels that are docking or launching, except when it is physically impossible or they are in the process of docking or launching.

    3 - At all times, but especially in bad weather and/or strong winds and/or rip currents and/or with high flows, the Navigator must not carry out manoeuvres that could endanger the safety of their vessel, neighbouring navigation, the marking of the navigation channel, works and installations in the VND or any other infrastructure.

    4 - In fog or reduced visibility, the Navigator must strictly comply with the rules on communications and carry out navigation in accordance with the provisions of the following article (navigation with reduced visibility).

    Article 13.º – Navegação with reduced visibility

    1 - Reduced visibility is considered to be that which limits the Navigator's visual horizon to twice the distance to be travelled, until stopping, under conditions of forced extinction of the speed the vessel is using.

    2 - Navigation in the VND in conditions of reduced visibility is prohibited;

    3 - The prohibition in the previous paragraph does not apply to vessels:

    a) Mechanically propelled, navigating aided by information from radar equipment and equipped with Electronic Chart Display Information System (ECDIS) and electronic navigation chart for the sections to be used;

    4 - In conditions of reduced visibility, navigators must obey the rules established in the RIEAM, namely Rules 19 - Ship procedure in conditions of reduced visibility and 35 - Sound signals in conditions of reduced visibility, as well as the provisions set out in the following paragraphs.

    5 - When visibility is lower than that established in paragraph 1 of this article, vessels that do not fulfil the conditions of paragraph 3 above must wait outside the Douro bar for visibility to improve and those in the VND may not suspend or leave the mooring quay.

    6 - Vessels that do not fulfil the conditions of paragraph 3 of this article and while navigating in the VND approach an area of reduced visibility must avoid entering that area by waiting in a safe place.

    7 - On days when reduced visibility is not widespread in the VND, the navigator who is not in the conditions of paragraph 2 of this article must ensure in advance that he can fulfil the navigation plan without being caught in the middle of the journey by a patch of poor visibility.

    8 - Towing shall not be permitted in reduced visibility, unless the vessel entrusted with responsibility for the towing train fulfils the conditions set out in paragraph 3 a) of this article and the tow is carried out at arm's length and in such a way that the radar horizon is in no way affected.

    9 - Apart from the situations provided for in paragraph 8 above, the execution of any other tows with reduced visibility depends on prior authorisation to be granted by APDL.

    Article 14.º - Vessel speed in the VND

    1 - Vessels must adjust their speed and their distance from the shore so as not to create agitation in the water capable of causing damage or navigational difficulties to other vessels or floating material, parked or in transit, nor to cause swell likely to cause damage to the VND or to third parties.

    2 - Vessels must reduce their speed in good time, without jeopardising their safe steering, in the following places:

    a) Near harbours, quays and wharves;

    b) In the vicinity of vessels that are moored or at berth;

    c) In the vicinity of towed vessels;

    d) When approaching areas where sporting events, nautical activities or any events authorised by the APDL are taking place.

    e) In the vicinity of a lock, stopping, if necessary, in the lock's forecourts and before entering the lock.

    f) Inside the lock, including its bulkheads, the maximum speed allowed is 0.2 metres/second (0.72 km/hour), equivalent to around 0.4 knots.

    3 - When complying with the above rules, vessels sailing in the vicinity or in the waters of other vessels must take into account all the swells formed.

    4 - Whenever the conditions of the VND so require or local circumstances so recommend, the APDL shall determine and publicise by means of a Notice the maximum navigation speed permitted, by type of vessel and by sections of the VND.

    5 - Without prejudice to the regime established in the previous paragraph, the speed practised on voyages between locks must comply with the timetables indicated when calling plans are requested and, under no circumstances, may the voyage between locks, taking into account entering one lock and leaving the next, be less than:

    a) Maritime-tourist, commercial and local auxiliary vessels: 3 hours, except for the Valeira/Pocinho section where the minimum limit of 2 hours and 30 minutes will be observed;

    b) Recreational and fishing boats: 2 hours;

    6 - On the stretch between the Douro bar and Freixo Marina, without prejudice to the provisions of paragraphs 1 to 3 of this article, the speed practised in the navigation channel may not exceed 10 knots, except in the case of vessels on inspection or emergency service.

    7 - It is forbidden for recreational craft to sail at a speed of more than 5 knots within 50 metres of the shore, of areas delimited for bathing or of vessels at anchor and at a distance of at least 100 metres from ports, quays and wharves.

    Article 15.º - Navigation times in VND

    1 - Navigation on the VND by maritime-tourist, commercial, local traffic and fishing vessels may be authorised 24 hours a day, without prejudice to compliance with the restrictions imposed by the normal operating hours of the locks, the provision of the various services by APDL or occasional impediments on the VND, especially in the cases provided for in these regulations.

    2 - The impediment referred to in the previous paragraph is publicised by a Notice on the APDL- VND Portal.

    3 - The night-time navigation provided for in paragraph 1 of this article must be requested by the owners or legal representatives of maritime-tourist, commercial and local traffic vessels to the APDL by means of a request submitted to the Single Port Window (JUPII).

    4 - Exceptionally, recreational craft may be allowed to sail at night, namely to enter or leave marinas, provided they are equipped with adequate navigation aids, as well as to carry out sporting activities or other events during the night on certain sections of the VND, upon request submitted to the Single Harbour Window (JUPII).

    5 - Authorisation for night navigation is conditional on the vessel complying with the following requirements:

    a) Navigate aided by information from radar equipment;

    b) Navigate equipped with an Electronic Chart Display Information System (ECDIS) and the respective electronic charts of the sections where authorisation for night navigation is requested;

    c) Navigate equipped with AIS information transmission/reception equipment;

    d) The navigation equipment described in the preceding paragraphs must be operated by authorised crew members.

    6 - Whenever the authorisation referred to in paragraph 4 of this article is granted with a general scope for recreational boating, entering and leaving marinas, sporting activities or other events, the APDL will publish a Notice disclosing the conditions to be observed by the beneficiaries.

    Article 16.º - Entering and Leaving the Douro River Bar

    Entry to and exit from the Douro bar must be carried out in accordance with the indications provided by the official nautical charts and notices in force, without prejudice to compliance with the legal and regulatory rules of the pilotage regime.

    Article 17.º – Piloting

    1 - Public pilotage services are provided throughout the VND for commercial vessels from national and foreign ports, under the terms of the applicable legislation and these regulations.

    2 - Pilotage requests are valid for the entire VND and must be submitted to the APDL services using the means in use in the port and with the necessary advance notice to adequately programme the movements to be carried out.

    3 - For the purposes of the previous paragraph, all the information regarding the characteristics of the vessels referred to in the Notice of Arrival and other elements that make it possible to assess their manoeuvring capabilities, as well as the port of origin and destination, must be provided in advance.

    4 - The booking of pilotage services will always be confirmed by the relevant APDL services, which will take into account the following factors, among others:

    a) The time for which the service is requested;

    (b) Weather conditions;

    (c) Bar conditions;

    (d) Tide conditions;

    (e) Water flows in the Douro River;

    (f) Conditions of the locks, in case of their crossing;

    (g) Characteristics of the vessel;

    (h) Berthing or unberthing location;

    (i) Navigation channel conditions, considering the manoeuvring limitations of larger vessels or any restrictions in place at the time.

    5 - Pilotage is carried out with the pilot on board, who will embark and disembark via the APDL vessel or onshore when the vessels are berthed, and these vessels must provide safe means for this operation.

    Article 18.º - Procedures for Entry and Exit at VND

    1- Any vessel subject to pilotage service that intends to enter, exit, or move within the VND must first and obligatorily establish contact on channels 12 or 16 with the Leixões VTS Control Centre or the VND Control Centre, as appropriate, for identification, coordination, and authorisation of movements.

    2- The movements of commercial vessels within the area defined by the semicircle with a radius of 2 miles centred on the north breakwater light of the Douro River bar are coordinated by the APDL Pilotage Department and monitored by the VTS Control Centre.

    3- Upon entry, vessels must approach in such a way as to align with the outer access channel to the Douro bar (Zv=059.2º), defined by the Barra Foz beacons (front) (41º08.85′N-008º40.30′W), which is mounted on a column with white and red stripes, and Barra Foz (rear) (41º08.93′N-008º40.12′W), located on the bell tower of the São João da Foz Church, whenever wind and sea conditions do not advise against it.

    4- Fishing and recreational vessels, when entering or exiting the Douro bar, must comply with the rules of this regulation and always navigate, when within the inner or outer access channels, on their starboard half, giving priority to vessels with reduced manoeuvrability, warships, or commercial vessels.

    Article 19.º - Arrival Notice

    1- The shipping agents or legal representatives of the shipowners of vessels intending to call at the ports of the Douro River must provide the APDL and all entities listed in the current distribution list, through the Port Single Window (JUP) system or other procedures in use at the port, all mandatory information, preferably with a minimum notice of 48 hours before the expected arrival time.

    2- The assessment of the vessel’s suitability for the VND, as required by the procedure described in the previous paragraph, is carried out through the approval of the respective navigation schedules, thus waiving the need for a CUV issuance.

    3- Any changes to the previously provided information must be immediately communicated to the ship coordination centre, the VTS control centre, or the VND Control Centre, via the APDL's electronic system or by the quickest means available in the event of system unavailability.

    4- Any damages arising from incorrect information will be the sole responsibility of the entity that provided it.

    5- Local and coastal fishing vessels, recreational vessels, auxiliary vessels, maritime-tourism vessels, local traffic vessels, and tugboats are exempt from the formalities referred to in paragraph 1, provided they only intend to use specialised port facilities dedicated to these activities and do not need to berth at commercial docks.

    Article 20.º - Procedures Regarding the Entry and Stay of Vessels that May Pose a Risk to the Safety of the VND

    1- The entry into the Douro River bar and the stay within the VND of vessels under the following conditions is only permitted with authorisation from the APDL and under the terms it determines at the time:

    a) Vessels with altered normal stability conditions;

    b) Vessels with water ingress or fire on board (especially if carrying explosive, flammable substances or substances likely to cause pollution);

    c) Vessels prohibited from entering or staying in the port by the competent authority (DGRM), under current legislation regarding port state control ship inspections;

    d) Vessels with any type of malfunction in the engine or steering apparatus;

    e) Towing convoys (except those consisting of tugboats or local vessels).

    2- Whenever someone becomes aware of anomalies that may compromise the safety of navigation or the vessel itself, particularly those mentioned in the previous paragraph, or that pose a threat of environmental harm to the river, they must immediately inform the APDL's safety services.

    3- In any of the situations described in paragraph 1, if authorisation for the vessel to enter the VND is granted, the APDL will inform the Maritime Authority and the competent authority (DGRM), in accordance with the current legislation concerning port state control ship inspections.

    4- The APDL reserves the right to prohibit the calls of vessels that have previously demonstrated inadequate nautical qualities for the manoeuvring requirements of the Douro River ports and the use of the VND, based on a reasoned decision.

    Article 21.º Movement of Small Vessels

    1- Small vessels must not interfere with the movement of larger vessels and cannot demand that larger vessels give way to them.

    2- Small vessels must specifically adhere to the following navigation rules:

    a) Small motorised vessels must move out of the way of all larger vessels;

    b) Non-motorised vessels must move out of the way of small vessels sailing under sail power.

    Article 22.º - Crossing and Overtaking

    1- Crossing and overtaking are only permitted when the VND navigation channel is wide enough for simultaneous passage, considering all local circumstances and the movement of other vessels.

    2- In cases of crossing or overtaking, vessels following a safe course with no risk of collision must not alter their course or speed in a way that could create a collision hazard.

    3- For vessels longer than 20 metres, overtaking is not permitted if it results in the simultaneous passage of three vessels in the same section of the VND navigation channel.

    4- Vessels must move to starboard to allow safe crossing, port-to-port, and, in the case of overtaking, the overtaking vessel must pass on the port side of the overtaken vessel.

    5- In the sections of the navigable channel listed in Annex II of this Regulation, which is an integral part thereof, simultaneous passage of vessels longer than 20 metres is prohibited. The vessel’s navigator must check for other vessel movements before navigating these sections and, if necessary, wait at locations designated by the APDL, as communicated by Notice.

    6- In the Cotas - Valeira section, alternating movement of vessels longer than 20 metres is permitted, with crossing points at specific locations indicated in Annex II or other points determined and publicised by the APDL through a Notice.

    Article 23.º - Changing Course

    1- Vessels may only reverse their course after ensuring that the movement of other vessels allows them to perform the manoeuvre safely, without causing other vessels to make sudden changes to their course or speed. The vessel must announce its intention to manoeuvre in advance via VHF.

    2- If the intended course change requires other vessels to alter their route or speed, the vessel wishing to reverse course must announce the manoeuvre in a timely manner by emitting:

    a) One short sound if intending to turn to starboard;

    b) Two short sounds if intending to turn to port.

    3- Other vessels must then, as necessary and feasible, adjust their speed and course to ensure the course change can be completed safely.

    4- If a vessel wishes to reverse course to navigate against the current, other vessels must assist to ensure the manoeuvre can be completed in a timely manner.

    Article 24.º - Crossing the Navigable Channel, Berthing, and Unberthing at Ports

    1 -Vessels may only cross the navigable channel after ensuring they can do so safely, without forcing other vessels to make sudden changes to their course or speed.

    2- When a vessel heading downstream is required to turn upstream to berth at a quay, it must give priority to vessels navigating upstream that also wish to berth at the same quay.

    3- Without prejudice to the rules set out above, vessels that may cause others to alter their course or speed must announce the manoeuvre in a timely manner by emitting:

    a) Three prolonged sounds followed by one short sound when, to enter or after leaving a port, they intend to turn to starboard;

    b) Three prolonged sounds followed by two short sounds when, to enter or after leaving a port, they intend to turn to port;

    c) Three prolonged sounds when, after leaving the port, they intend to cross the navigable channel. If necessary, before completing the crossing, they must emit one prolonged sound followed by one short sound if intending to turn to starboard, or one prolonged sound followed by two short sounds if intending to turn to port.

    4- Other vessels must then adjust their course and speed as necessary for the required time.

    Article 25.º - Parallel Navigation: Prohibition on Approaching Another Vessel

    1- Vessels should not navigate in parallel unless the available width of the VND channel permits it without causing inconvenience or danger to navigation.

    2- It is prohibited to navigate less than 50 metres from another vessel, except in cases of crossing or overtaking, where an appropriate safety distance must be maintained to avoid any accidents.

    Article 26.º - Prohibition of Dragging Anchors, Cables, or Chains in the VND

    1- Dragging anchors, cables, or chains is prohibited.

    2- This prohibition does not apply to drifting navigation when authorised, nor to minor movements at loading or unloading areas.

    Article 27.º - Drifting Navigation in the VND

    1- Drifting navigation is prohibited without prior authorisation from the APDL.

    2- This prohibition does not apply to minor movements within parking areas or at loading and unloading sites.

    3- Vessels that allow themselves to drift with the bow facing upstream while their engines are working ahead are considered as navigating upstream, not drifting.

    Article 28.º General Duty of Caution

    The navigator must take all precautionary measures to avoid:

    a) Causing damage to other vessels or floating materials, to the banks, or to any works or infrastructure located on or near the banks or in the vicinity of the VND;

    b) Creating obstacles to navigation;

    c) Endangering the life or physical integrity of individuals;

    d) Colliding with any obstacle detected in the navigable channel, in which case they are required to notify the APDL and the Maritime Authority of the hazard and its location.

    Article 29.º Shipwreck, Sinking, or Grounding

    The navigator or the owner of a vessel or floating equipment that is wrecked, sunk, or grounded must:

    a) Immediately notify the APDL and the Maritime Authority, keeping a crew member on board or near the site of the incident until abandonment is authorised;

    b) Mark the damaged vessel or floating equipment and immediately take necessary measures to prevent any accidents and to ensure the continuity of navigation;

    c) Warn approaching vessels or floating equipment so they can take timely measures to ensure their safety and that of their crew.

    Article 30.º Obligation to Clear the VND

    1- The navigator and the owner must make every effort to immediately clear the VND whenever:

    a) A vessel or floating equipment that is grounded or sunk, or any object discarded or lost by them, obstructs or threatens to obstruct, partially or completely, the navigable channel;

    b) A vessel or floating equipment is unable to manoeuvre or is at risk of sinking.

    2- If any object falls into the VND that could constitute a navigation hazard, the owner of the object or the cause of the fall must promptly remove it. If removal is not possible, they must urgently notify the APDL and the Maritime Authority and take necessary measures to prevent accidents and ensure the continuity of navigation.

    3- If immediate removal of fallen objects from the VND is not carried out, the owner or cause is obligated to complete this operation within the timeframe set by the APDL.

    4- If the APDL deems it possible to resume navigation, the fallen object must be marked, and the associated expenses will be the responsibility of the owner or cause of the obstruction.

    5- When a vessel or floating equipment sinks, the navigator and the owner are required to take necessary measures to remove or refloat the vessel or equipment within the timeframe set by the APDL.

    Article 31.º Prohibition of Protruding Objects

    1- It is prohibited to leave any objects protruding from vessels or floating equipment that could cause the hazards or damage mentioned in Article 28.

    2- Anchors or chains from vessels and floating equipment, when raised, must be secured so that they are above the waterline.

    Article 32.º Goods or Objects Fallen into the VND

    1- The fall of objects or goods from a vessel or floating equipment into the VND, whether during navigation or while loading and unloading operations, requires the navigator and the respective owner to immediately remove them.

    2- If immediate removal is not possible, the navigator must urgently notify the APDL and the Maritime Authority by any available means, providing details of the dimensions and weight of the fallen object or goods, as well as the exact location of the fall.

    3- If the object or goods sink, the navigator and the owner must mark the sinking location with a mooring buoy and remove the object within the timeframe set by the APDL.

    Article 33.º Damage Caused to the Navigable Channel

    When a vessel or floating equipment causes damage, such as to a bridge, lock, or signaling system, the navigator must immediately inform the APDL and the Maritime Authority.

    Article 34.º - Interruption and Regulation of Navigation in the VND

    1 - The interruption or regulation of navigation may be determined by:

    a) The occurrence of flood flows;

    b) The need to carry out works;

    c) Malfunctions;

    d) The holding of recreational or cultural events, namely the launching of fireworks or the holding of sporting events, the practice of which is rooted in the traditions of the VND and its surrounding area;

    e) Water replenishment operations by vessels or aircraft engaged in firefighting;

    f) Any significant occurrence that poses a risk to the safety of vessels, infrastructure, equipment, ongoing operations, or any other port interest of the VND.

    2 - The interruption or regulation of navigation will be determined by the APDL and will be announced through a Notice published on the Douro Portal.

    Article 35.º - Temporary Regulations

    1 - In the event of silting or any other circumstance preventing or restricting the use of the VND, Navigators must observe the temporary regulations issued by the APDL, which will be announced by Notice.

    2 - If it is necessary to lower the water level beyond the minimum navigable level, vessels, convoys, or floating material must be:

    a) Placed in locations where they do not obstruct the free flow of water or cause any damage to the banks, equipment, or infrastructure;

    b) Securely moored, remaining under the vigilance and care of their Navigators.

    Article 36.º - Operation of Vessels Under the Influence of Alcohol, Psychotropic Substances, or Similar Products in the VND

    1 - It is prohibited to operate vessels under the influence of alcohol, narcotics, psychotropic substances, or any other substances that may impair the physical or mental fitness of the Navigator.

    2 - For the purposes of this regulation, a Navigator of a vessel is considered to be under the influence of alcohol when their blood alcohol level is equal to or exceeds 0.50 g/l.

    3 - If criminal police agents detect any of the situations described in paragraph 1 of this article, the vessel will be prevented from navigating until the Navigator is either replaced or medically certified as physically and mentally fit to operate the vessel.

  • Article 37.º - Authority at the Lock

    1 - The lock, its forebays, and all its equipment are under the responsibility of the lock operator. The forebay is defined as the section of the navigable waterway between a lock gate and the end of the longest guiding wall leading to it.

    2 - Navigators of all vessels are required to comply with the orders given by the lock operator when they are within the lock or its forebays.

    3 - The operator is liable, under general legal terms, only for damages caused by negligence to third parties in cases where the interruption, stoppage, or regulation of the use of the lock, forebays, and their equipment is determined by actions or omissions on the part of the operator or their staff.

    Article 38.º- Use of Locks by Vessels

    1 - The use of the locks in the VND is permitted for vessels that meet the following specifications:

    a) Length:

    aa) Crestuma/Lever – 88m;

    bb) Carrapatelo – 84m;

    cc) Régua – 86m;

    dd) Valeira - 87m;

    ee) Pocinho - 86.5m;

    b) Beam (Width) - 11.4m, including the vessel's permanent fenders;

    c) Draft - 3.8m, with the sill of the Régua and Valeira locks being 50 cm higher than the downstream channel. In the most unfavourable situation (power station stopped and minimum downstream water level), these two locks have only 3.7m of depth;

    d) Air Draft – 7.2m;

    e) The maximum normal clearance above the waterline is 7.2m under the Mosteirô and Ferradosa bridges (this value can decrease to 6.6m outside the dry season).

    2 - The use of the locks by vessels exceeding the length, beam, or draft indicated in the previous section requires prior authorization from APDL.

    3 - Whenever any circumstance justifies a change to the vessel specifications established in section 1, APDL will determine this change and announce it through a Notice.

    4 - In the locks where the sill of the lock chamber is at a higher elevation than the sill of the downstream forebay (Régua and Valeira), the vessel's navigator must ensure that there is sufficient depth to use the lock. In the case of access from downstream to the Crestuma lock, with a sill elevation of -3.10 ZH, since the water surface level is affected by the tide and the state of river silting, the depth of 4.35m is only ensured at tides of 1.25m. In exceptional circumstances, with a low spring tide and the power station stopped, the depth may be 3.6m.

    5 - It is not permitted for vessels to pass through the locks with chains, ropes, or any other elements suspended outside the vessel, whether or not they touch the bottom of the VND, except for their usual fenders.

    6 - When using the lock, the vessel must have its anchor or anchors retracted so that they are above the waterline.

    Article 39.º - Authorization and Priority of Passage through the Locks

    1 - The authorization and sequence of passage through the locks are determined by APDL based on the requests received.

    2 - Entry into the lock is conducted in descending order of the vessel's tonnage, although the lock operator may alter this order in cases of justified necessity.

    3 - When it is not possible to accommodate all lock passages requested for the same time slot, APDL will determine the order of passage, prioritizing vessels that:

    a) Are navigating on urgent service, on a rescue or salvage mission, belong to the State, or are used in port work or public works;

    b) Are damaged and whose presence poses a danger to navigation safety;

    c) Are carrying passengers;

    d) Are commercial vessels arriving from or heading to the sea.

    4 - The order of priority for vessels of the same type will be established based on the order of submission of the usage requests made via the Virtual Counter.

    5 - Without prejudice to the provisions of paragraph 3 of this article, the lock operator may prioritize the passage of vessels already admitted into the lock and those waiting for entry, whenever this allows for the optimal use of the lock chamber's capacity.

    Article 40.º - Nature of Lock Operations and Operating Hours

    1 - Based on traffic in the VND, APDL will establish the schedule for ordinary lock operations, and, exceptionally, may authorize extraordinary lock operations.

    2 - The operating hours of the locks will be established and announced by APDL through a Notice.

    Article 41.º - Request for Lock Use

    1 - Requests for lock use in the VND must be submitted to APDL through the Virtual Counter (douro.apdl.pt), in accordance with the registration obligations and submission of required information as specified in the respective forms.

    2 - The use of the locks in the VND is subject to the payment of fees as set out in a specific regulation.

    3 - The lock operation requested is subject to APDL's authorization, which will be included in the lock occupancy plan available online on the RIS Douro (River Information Services) portal – douro.apdl.pt.

    4 - Requests for lock use for the scheduled times must be made by 5:00 PM on the previous day.

    5 - APDL may, exceptionally, authorize lock use requests that do not adhere to the prior notice requirement outlined in the previous paragraph.

    6 - If, after booking the lock use, a vessel's navigator realizes they will arrive at the lock later than the scheduled time, they must immediately inform the VND Navigation Control Center and the lock operator, indicating the expected time of actual arrival in case of delay.

    7 - If this procedure is not followed and one or more vessels arrive at the lock, the lock operation will commence ten minutes after the scheduled time, and the late or non-compliant vessels will lose their right to the scheduled lock operation.

    8 - If the procedure mentioned in paragraph 6 is followed and the vessel's delay exceeds the tolerance mentioned in the previous paragraph, the vessel will be subject to the next available ordinary lock operation slot, which may not occur on the same day, or to an extraordinary lock operation, both of which will require prior authorization from APDL.

    9 - If, after booking the lock use, the vessel's navigator decides to cancel it, they must immediately inform the VND Navigation Control Center and the lock operator.

    10 - Failure to communicate the cancellation by at least 5:00 PM on the day before the scheduled date will result in the loss of the right to the lock operation, with all legal consequences.

    Article 42.º - Procedures for Lock Passage

    1 - Vessels authorized to pass through a lock must wait for the scheduled time in a safe location near the lock and notify the lock operator of their presence as soon as possible.

    2 - When the vessel is approximately 700 meters from the lock, it should contact the operator via VHF radio or, if unavailable, emit three prolonged horn blasts, following these procedures:

    a) Do not overtake other vessels, maintaining a distance of at least twice the vessel's length from them;

    b) Reduce speed and be prepared to stop if the lock operator does not permit immediate entry or does not respond to the VHF radio contact or acoustic signal;

    c) If the lock is not available, the Navigator should moor the vessel in the forebay if authorized by the lock operator, or in another authorized location, or anchor it in a way that does not obstruct the movement of other vessels.

    3 - The vessel must also observe the following procedures:

    a) Do not enter the lock chamber when:

    aa) The lock gate's traffic light shows a red light;

    bb) Authorization has not been granted by the operator;

    cc) The water depth over the gate sill is not at least 15 cm greater than the vessel's draft;

    dd) The vessel has projections capable of damaging the gates, walls, or fenders, unless equipped with effective bumpers or fenders;

    b) Follow the instructions given by the lock operator, especially when more than one vessel is waiting for lock passage;

    c) Enter and exit the lock with caution to avoid damage, particularly to its gates, walls, or fenders;

    d) Use appropriate fenders, in both quantity and quality, suitable for the vessel type, with the use of vehicle tires or any objects likely to pollute the VND prohibited as substitutes;

    e) Start the vessel’s engine or floating device within the lock or its forebays only after receiving authorization from the lock operator, which may be indicated by both the green and red lights being lit simultaneously, without this implying permission to enter or exit the lock;

    f) Secure the vessel with ropes at both the bow and stern immediately after entering the lock chamber, using only the floating mooring bollards provided for this purpose. It is prohibited to tie the ropes to ladders, other vessels, or any other device not intended for that purpose. The vessel's ascent and descent should be monitored to allow for quick intervention if the mooring bollard becomes stuck;

    g) Stop the vessel’s propellers as soon as it is properly moored after entering the lock;

    h) Do not untie the vessel before receiving the signal authorizing exit from the lock;

    i) Do not rest boat hooks or any similar equipment on components not intended for maneuvering;

    j) Remain in the lock only for the time necessary for the passage;

    k) Do not embark or disembark passengers unless authorized by APDL;

    l) Do not load, unload, or transship goods unless prior authorization has been issued by APDL;

    m) All crew members and passengers on small vessels or sport boats must wear life jackets from the moment of entry until they exit the lock.

    4 - Small vessels are exempt from the obligation stated in paragraph e) of the previous section, for which the lock operator will provide the appropriate procedure to follow.

    Article 43.º - Lock Operation

    The lock operator must prepare the lock in a timely manner to ensure the approved lock passage schedule set by APDL is maintained.

    Article 44.º - Vessels Carrying Dangerous Goods

    1 - The passage of vessels transporting dangerous goods through the lock is exceptional and requires specific authorization from APDL, particularly for the transport of hydrocarbons or compressed gas under pressure exceeding 15 bar, liquefied, or dissolved.

    2 - In the event of exceptional lock operations as outlined in the previous paragraph, special safety measures must be implemented, including:

    a) Vessels must stop at least 100 meters from the lock's structural works and simultaneously remain more than 15 meters downstream from other stationary vessels;

    b) The lock passage must be carried out immediately at the authorized time;

    c) During the lock operation, precautions must be taken to prevent potential fire hazards, such as halting all welding activities, removing oxygen or acetylene cylinders, and stopping engines inside the lock chamber;

    d) Prohibiting visitors from accessing areas near the lock.

    3 - The passage of vessels or floating equipment carrying explosive goods through the lock is prohibited.

    Article 45.º - Occurrence of Accidents

    1 - In the event of an accident of any nature, the lock operator must immediately follow the procedures established in the VND Emergency Plan and inform the APDL and the Maritime Authority.

    2 - If the accident results in severe damage to the vessel, without prejudice to the previous paragraph, the lock operator must immediately notify the respective navigator and take the necessary measures to evacuate, especially if the accident occurs within the lock chamber.

    3 - Any accident that causes damage to the lock or its forebays must be immediately reported by the lock operator to the APDL and the Maritime Authority.

    4 - The occurrence of any accident or maritime incident in the VND requires the submission of a report or maritime protest in accordance with the applicable legislation.

  • Article 46.º – Typology and Location

    The typology and location of ports, quays, and jetties, whether public or private, within the VND (Douro Inland Waterway) are listed on the APDL (Administration of the Ports of Douro, Leixões and Viana do Castelo) portal - VND (douro.apdl.pt).

    Article 47.º - Prevention and Protection

    Vessels must perform their approach and departure maneuvers at ports, quays, and jetties at a reduced speed to prevent damage or harm to these infrastructures or their equipment.

    The mooring of vessels at ports, quays, and jetties must be carried out using the appropriate systems provided there, and it is prohibited to moor to ladders, poles, railings, or any other inappropriate equipment.

    Article 48.º - Uses

    Ports, quays, and jetties are intended for the embarkation and disembarkation of passengers and goods, as well as the docking of vessels, all of which require prior authorization from the APDL.

    The use of the areas of ports, quays, and jetties for purposes other than those mentioned above requires authorization from the APDL.

    Swimming and fishing are prohibited in ports, quays, and jetties, as well as in a surrounding area extending 150 meters upstream and downstream, unless authorized by the APDL for sporting events.

    The use of private ports, quays, and jetties, licensed or granted under concession by the APDL, requires authorization from the respective owners or holders of the license or concession.

    Violation of the previous clause and refusal to clear ports, quays, or jetties within the time frame set by the APDL may result in the vessel's removal at the infringer's expense.

    Article 49.º - Embarkation and Disembarkation

    For embarkation or disembarkation, passenger vessels, except for small vessels not used for public passenger transport, may only dock at quays authorized by the APDL for this purpose.

    Passenger vessels should not remain at the quay beyond the time necessary for the embarkation or disembarkation of passengers or the loading or unloading of goods, except with exceptional authorization granted by the APDL.

    When embarking or disembarking passengers via a gangway, it must be at least 80 cm wide, with side guards at least 1 meter high on both sides.

    In the event of competing claims for embarkation or disembarkation of passengers at the same quay, departure or arrival times will be established by the APDL.

    Article 50.º - Loading, Unloading, and Transshipment of Goods

    Loading, unloading, and transshipment of goods must be carried out at commercial ports, with prior authorization from the APDL required for these activities at any other location within the VND.

    Article 51.º - Fuel Supply

    The refueling of vessels by tanker truck is prohibited in areas of the VND where fixed fuel supply facilities exist.

    Outside the areas mentioned above, refueling by tanker truck within the VND requires prior application through the Single Port Window and authorization or license from the APDL, which may impose safety measures depending on factors such as the type of refueling.

    The supplier must be certified and authorized by the relevant authorities to transport the type of fuel products being supplied to the vessels and must employ qualified personnel for the operation of the equipment used.

    The transportation, pumping, and transfer equipment, as well as hoses and flow control and measurement devices, must be certified by a competent authority and comply with applicable legal standards to prevent mechanical or structural failures.

    The supplier is responsible for any spills of products onto the ground, into the water, riverbed, or banks of the Douro River and must follow procedures and use appropriate equipment to contain spills.

    The supplier must have liability insurance with sufficient coverage to handle the risks of pollution caused by deficiencies or accidents during the operation.

    The connection of hoses, start, interruption, or end of fuel pumping operations must be coordinated with the vessel, and the supplier is responsible for recording these actions.

  • Article 52.º - Local de estacionamento

    1. Vessels and floating equipment must choose their parking location in such a way as not to hinder navigation and at the shortest distance possible from the bank compatible with their draft and local conditions.
    2. The stopping and mooring of a vessel in the VND must be done at the locations marked and indicated for that purpose by the APDL.
    3. The installation of any floating equipment or mooring point in the VND requires prior authorization from the APDL, which will set the technical requirements and monitoring measures for its placement.
    4. Floating establishments require prior authorization from the APDL and must be anchored in areas outside the navigation channel.
    5. In cases of force majeure or substantial port interest, the vessel, equipment, or floating establishment may be required to vacate the parking or mooring location.

    Article 53.º - Moorings or Archors

    1. The placement of moorings or anchors is not allowed without authorization or a license from the APDL.
    2. The request for authorization or a license is made through the RIS Douro Portal (douro.apdl.pt), after registering the interested party and their vessel, specifying the desired geographical position for the mooring or anchor placement.
    3. The set consisting of the mooring, cable, and buoy must comply with the technical requirements established by the APDL, and the buoy must display the authorization or license number.
    4. The authorization referred to in the previous number will be renewed annually, upon request from the interested party, and is subject to the prior submission of proof to the APDL that the technical requirements have been maintained.
    5. Unauthorized or unlicensed mooring points will be removed by the APDL at the expense of the infringer.

    Article 54.º - Anchoring and Mooring Safety

    1. Vessels, floating equipment, and floating establishments must be securely anchored and moored, taking into account the water agitation caused by other vessels.
    2. Mooring and anchoring must allow the vessel to accommodate the water level variations in the VND, which, immediately downstream of the hydroelectric facilities, can reach values between two and three meters as a result of the turbine flow variation.
    3. In the event of worsening hydrological conditions of the Douro River, the owner and the navigator of the vessels are required to reinforce the mooring and maintain vigilance.

    Article 55.º - Parkings Prohibitions

    Parking is prohibited:

    a) In narrow areas of the VND and its surroundings, as well as in sections where parking makes the navigation of other vessels difficult;

    b) In maneuvering basins or access areas to ports, quays, or docks;

    c) On the passage route of vessels crossing the VND between two fixed points marked by the APDL;

    d) On the route line of vessels that need to dock at quays or depart from them;

    e) Under bridges or high-voltage power lines, unless prior authorization has been issued by the APDL;

    f) In the foreports leading to the locks, except when the vessel is waiting for lockage.

    Parking in foreports may, however, be authorized by the APDL during the night or in fog conditions, provided it does not hinder the passage of other vessels.

    Article 56.º - Prohibited Mooring

    Mooring vessels or floating equipment to structures not specifically provided for this purpose is prohibited, including protective guardrails, posts, columns, metal ladders, trees, or other objects on the bank.

    Article 57.º- Guard and Surveillance

    1. Vessels used for transporting flammable or explosive products must have a crew on board at all times capable of responding in case of an accident, unless unloaded and free from dangerous gases.
    2. Other vessels must not be left unattended under any circumstances and must be under the surveillance of a person capable of intervening quickly if necessary, unless exempted by the APDL or if local conditions do not require such surveillance.
    3. Commercial vessels must always have the necessary crew on board to ensure their safety.
  • Article 58.º - Waste Management

    The collection, transportation, and disposal of waste from vessels must be carried out in accordance with the rules and procedures established in the Waste Reception and Management Plan for the VND.

    Article 59.º - Discharges into the Waterway

    1 - It is prohibited to discharge or allow the following to flow into the VND:

    a) Fuel or lubricant waste in any form, as well as mixtures thereof;

    b) Sanitary sewage and dirty water;

    c) Chemical products;

    d) Garbage;

    e) Objects or substances of any kind that may pose an obstacle or danger to navigation or to other users of the VND.

    2 - In compliance with the previous paragraph, navigators must discharge dirty water or sewage from the vessels' tanks into the designated facilities available at the docks.

    Article 60.º - Dreinage of Wastewater

    In areas of the VND where a collective wastewater drainage and treatment system is available, it is mandatory to connect the effluents from buildings and facilities to this system.

    Article 61.º - Wastewater Treatment

    1. Holders of authorizations, licenses, or concessions for the occupation of port facilities in the VND are responsible for implementing wastewater treatment systems for the wastewater they generate.
    2. In areas where a collective wastewater drainage and treatment system exists, the APDL may authorize an exemption from the implementation of the individualized treatment systems mentioned in the previous paragraph.
  • Article 62.º – Conducting the Activity

    1. Regular passenger transport across the banks of the Douro River can only be conducted by a local traffic shipowner registered to carry out this activity in accordance with the prevailing legislation.
    2. The vessels used must be registered for local traffic and are subject to the issuance of the CUV (Certificate of Vessel Use).
    3. The activity in the VND (Navigable Waters of the Douro River) requires licensing by the APDL, which will include authorization for the use of passenger embarkation and disembarkation docks.
    4. In cases of recognized necessity and with the approval of the local maritime authority, the APDL may authorize regular passenger transport across the banks of the Douro River by public entities or through the use of vessels with registration different from what is stipulated in paragraph 2 of this article.

    Article 63.º – Obligations

    The holder of the license for passenger transport is obligated to comply with the conditions imposed by the APDL, as well as the provisions of this Regulation.

    The license holder is also obligated to:

    a) Regularly and continuously provide the service for passenger transport, in accordance with the tariff and schedule approved by the APDL;

    b) Ensure the provision of a service with quality, safety, and efficiency;

    c) Comply with the restrictions or limitations imposed by the competent authorities, in accordance with the law, as well as those determined for reasons of port interest;

    d) Utilize the Port Single Window within the scope of the activity carried out, according to the rules established by the APDL.

  • Article 64.º - FISHING ACTIVITIES

    Commercial or recreational fishing, whether by boat or from the shore, can be conducted in the VND (Navigable Waters of the Douro River) under the terms and conditions established by the applicable legislation.

    Article 65.º - FISHING PROHIBITION

    For navigational safety reasons, fishing, whether from the shore or by boat, regardless of the gear or methods used, is prohibited in the following areas:

    a) At the Douro River Bar and its approaches;

    b) In the navigation channel of the VND;

    c) In ports, docks, and embarkation points, including their access areas, and within 150 meters of them;

    d) During the bathing season, within 300 meters of river beaches;

    e) Areas where nautical activities or other events authorized by the APDL are taking place and publicized by notice.

    Article 66.º - Obligations of Fishing Vessels

    The owners and operators of fishing vessels in the VND are also required to:

    a) Comply with and respect the safety and hygiene rules necessary for the protection of the surrounding environment;

    b) Keep the vessels in good condition and clean;

    c) Use port infrastructure according to commonly accepted rules and customs;

    d) When applicable, have adequate fenders or other protective equipment in good condition and properly installed to protect vessels and the property of third parties and the APDL;

    e) Keep access to the docks and their surroundings clear;

    f) Ensure that vessels are securely moored;

    g) Not disturb other users of the docks through any actions or omissions, particularly those related to the use of their vessel or fishing gear;

    h) Fully comply with any orders issued by APDL employees or other authorities in the exercise of their duties.

    Article 67.º - Interdições

    Owners or operators of fishing vessels using the VND are prohibited from:

    a) Installing any instruments or objects on land to support the vessels or their activities, such as chests, sheds, shelters, drying racks, or other similar means, whether or not they have any visual or other impacts;

    b) Depositing fishing gear on the dry land or water areas, including nets, hooks, traps, cages, fishing rods, drag nets, or other fishing equipment;

    c) Throwing trash or any other substances into the water, on the banks, or on the dry land;

    d) Lighting fires, handling, processing, or selling fish, or preparing bait or chum outside the areas authorized by the APDL;

    e) Dry docking vessels without prior authorization from the APDL;

    f) Making any type of repairs to vessels or fishing gear on the VND facilities, banks, or dry land without prior authorization from the APDL, and without prejudice to the need for licenses from other entities;

    g) Placing mooring buoys without authorization from the APDL.

  • Article 68.º – EVENT ORGANIZATION

    1 - The organization of events in the VND (Navigable Waters of the Douro River), particularly commercial, industrial, cultural, or sporting events, including advertising, requires prior authorization from the APDL, without prejudice to other licenses, approvals, or authorizations required by law or regulation.

    2 - The authorization, which may take the form of a simple written communication, license, or concession, will specify the specific conditions to be observed by the applicants, including those related to safety and the economic use of the VND.

    Article 69.º – PRIVATE USE OF PUBLIC DOMAIN

    1 - The use of buildings and port facilities, dry land, docks, pontoons, the bed of the Douro River, and the banks of the VND requires prior authorization from the APDL, typically granted through a license or concession contract.

    2 - The uses outlined in the previous paragraph will be granted by the APDL in accordance with applicable law and regulations.

    Article 70.º – CONSTRUCTION VND

    1 - No construction work, including building, demolition, excavation, landfilling, earthmoving, or inert material movement, may be carried out in the VND without prior authorization or a license from the APDL.

    2 - The absence of authorization or a license, or the violation of the conditions thereof, may result in the suspension or embargo of the work and an order for its demolition.

    3 - The conditions for work authorization or licensing will be determined on a case-by-case basis by the APDL.

    Article 71.º – IMMERSION OR DEPOSIT OF INERT MATERIALS IN THE VND

    In the VND, the deposit of inert materials may only be carried out with authorization or a license from the APDL, in designated locations, and under the conditions established.

    Article 72.º – DIVING AND SPEARFISHING

    1 - Professional diving in the VND may only be conducted by qualified divers and with authorization from the APDL.

    2 - For the safety of navigation and divers, amateur diving and spearfishing are prohibited throughout the VND.

    3 - Amateur diving, when part of sporting or cultural activities, may be exceptionally authorized by the APDL.

    4 - The authorizations mentioned in paragraphs 1 and 3 do not exempt the need for a license from the Maritime Authority.

    Article 73.º – LICENSES AND CONCESSIONS

    Licenses and concessions granted by the APDL for the use of the VND are governed by the applicable legal and regulatory framework, the clauses of the titles, and the concessionaires' operating regulations approved by the port authority.

  • Article 74.º- Transitional Regime for VND Signage

    1 – The signage defined in Articles 47 and 48 of the regulation annexed to Decree-Law No. 344-A/98, of November 6, and currently existing in the sections of the VND, shall remain in force until the implementation of the new river marking of the VND established in Articles 7 and 8 of this regulation.

    2 – Until the implementation of the river marking referred to in Articles 7 and 8, nighttime navigation in the missing sections will not be permitted.

    Article 75.º - Restrictions on Access to Outer Jetties

    1 – Due to strict safety reasons and to safeguard human life, access and circulation, whether on foot or using any means of transport or vehicle, on the north jetty of the Douro River Bar is prohibited whenever the bar is restricted or closed, or when bad weather warnings or wave overtopping warnings are in effect.

    2 – In any case, pedestrian access to the north jetty of the Douro River Bar must respect the care and attention required due to sea conditions and their impact or effect on such infrastructure.

    3 – The prohibition of access and circulation on foot or with any means of transport or vehicle on the south jetty of the Douro River Bar is permanent, regardless of weather conditions and tidal conditions.

    Article 76.º - Removal of Goods

    1 – The APDL may order or promote the removal of vessels, vehicles, or any other goods moored, parked, or deposited in the VND when:

    a) Mooring, parking, or depositing occurs without authorization;

    b) Mooring, parking, or depositing harms the normal functioning of the VND;

    c) There is a need to ensure the maintenance, conservation, or operability of the VND;

    d) There is a violation of any legal, regulatory, or applicable determination, particularly non-removal within the deadline set for this purpose;

    e) Weather conditions and/or water flow or other circumstances advise it;

    f) The owner is unknown, not located, or absent;

    g) There are justified reasons of public or port interest.

    2 – Except in cases of force majeure or emergency situations, the APDL will notify the owners or responsible parties of the vessels, vehicles, or goods to proceed with their removal, setting a deadline for this purpose and indicating that failure to do so will result in the removal by the Port Administration, at the expense of the infringer.

    Article 77.º - Abandoned Cargo, Goods, and Objects

    1 – Cargo, goods, or objects remaining in the VND without APDL authorization or beyond authorized periods and which, after notification of the respective depositor, owner, or consignee, or their representative, are not removed within the set deadline are considered abandoned.

    2 – The notification mentioned in the previous number will be made personally or by another means that provides proof of receipt. If the identity, address, or whereabouts of the owner, consignee, or their representative is unknown, notification will be done through Notices or Decrees posted in the usual places and areas of VND operation, and also published in two major newspapers on two consecutive days.

    3 – Cargo, goods, or objects considered abandoned and subject to fiscal action are listed and handed over to the Tax and Customs Authority, according to customs legislation.

    4 – The owner, consignee, or their representative of cargo, goods, or objects considered abandoned and not subject to fiscal action are responsible for their removal, being required to pay APDL for this service if not done within the set deadline, in addition to storage fees due up to the date of removal.

    5 – Whenever, under the previous number, APDL has to remove abandoned goods, it may appropriate them, according to general legal rights, and proceed with their sale, with the proceeds first applied to paying debts to APDL, if no other legally preferential debts exist.

    Article 78.º - Tariffs

    Navigation of vessels, use of locks, the navigation channel, river infrastructure and equipment, and use of public domain in the VND are subject to tariffs set by APDL in a specific regulation.

    Article 79.º -Transitional Regime

    Users of the VND have a transitional period of 120 days to regularize non-compliant situations with this regulation, after which any granted usage rights cease.

    Article 80.º – Supervision

    It is the responsibility of APDL to supervise compliance with this Regulation, without prejudice to the supervisory powers assigned to other public entities, particularly the Maritime Authority.

    Article 81.º - Sanctioning Regime

    Violation of this regulation constitutes an administrative offense, and the regime established in Decree-Law No. 49/2002, of March 2, applies. APDL is responsible for instructing administrative offense processes and applying fines and accessory sanctions.

    Article 82.º - Complaints, Compliments, and Suggestions

    1 – Users who consider themselves harmed by an act or omission occurring in the VND area may submit a complaint to the APDL Board of Directors, according to the terms and deadlines provided by current legislation.

    2 – Users may submit, in writing, compliments and suggestions they consider relevant for the improvement of the VND’s operation and the services provided to the APDL Board of Directors.

    3 – APDL makes available a complaints book for the purposes of this article, without prejudice to users’ access to online platforms provided under current legislation.

    Article 83.º - Resolution of Omissions

    1 – It is the responsibility of the APDL Board of Directors to deliberate on cases not covered by this regulation.

    2 – In all matters not covered by this Regulation, other regulations and norms approved by APDL, as well as applicable legal provisions, will apply.

    Article 84.º - Specific Regulations

    1 – Without prejudice to this Regulation and other applicable legislation, the use of port and marina facilities in the VND by recreational and fishing vessels will be subject to specific regulation.

    2 – Whenever justified, APDL will approve and publish other specific regulations for use by maritime-tourist vessels, recreational activities, or other uses of the VND not covered by this Regulation.

    Article 85.º - Publicity

    This Regulation is published on the APDL website, which may include its version in English.

    Article 86.º - Entry into Force

    This Regulation takes effect on the day following its publication in the Diário da República.

Annex I

Maritime Mobile Service

VHF COMMUNICATION PLAN FOR THE DOURO NAVIGABLE WATERWAY (a)

(a) – This plan only includes the channels that support communications related to the use of the VND; the use of other channels is referred to the national plan.

(b) – For the definitions of various functions, refer to those outlined in the national plan.

(c) – This channel can be used for communications between ships and aircraft involved in search and rescue operations.

(d) – In accordance with IMO Resolution MSC 77 (69), listening to channel 16 has no longer been mandatory since February 1, 2005.

(e) – This channel should be used for issuing ship-to-ship and ship-to-shore distress signals within area A1.

 

ANNEX II

SECTIONS OF THE DOURO RIVER NAVIGABLE CHANNEL WHERE SIMULTANEOUS PASSAGE OF VESSELS IS PROHIBITED

In areas considered as "narrow" within the VND, i.e., where the channel width is less than 60 meters, navigation cannot be conducted simultaneously; vessels must proceed alternately. To allow vessels to wait in appropriate locations, "waiting areas" (where vessels can wait freely and even reverse direction) and "waiting docks" (where vessels must moor and wait) have been established.

In the sections of the navigable channel listed below, simultaneous passage of vessels longer than 20 meters is prohibited. Mariners must, before starting navigation in these sections, check the movement of other vessels and, if necessary, wait in the corresponding waiting areas or docks:

Section I - Barra Entrance – Cantareira

Waiting Areas

  • Section I - Barra Entrance (Half a mile from the North Mole Light)
    Cantareira (Upstream from the Pontal da Cantareira)

Section II - Quinta da Seara (Kilometer 58.50) - Carrapatelo Lock (Kilometer 64.70)

Waiting Areas:

  • Quinta da Seara (Between Kilometers 58 to 58.5)
  • Vimieiro (Kilometers 60.5 to 61)
  • Carrapatelo Dam (Upstream and downstream waiting areas)

Section III - Porto de Rei (Kilometer 86.30) - Barqueiros (Kilometer 89)

Waiting Areas:

  • Porto de Rei (Kilometers 86 and 86.3)
  • Barqueiros (Between Kilometers 89 and 89.5)

Section IV - Régua Wharf (Kilometer 100.50) - Bagaúste Lock (Kilometer 104.5)

Waiting Areas:

  • Régua (In front of the commercial dock - Kilometer 100.2)
  • Bagaúste (Upstream and downstream waiting areas)

Section V - Cotas (Kilometer 131) - Valeira Lock

Waiting Areas:

  • Cotas (Kilometers 130.5 to 131)
  • Moroço Waiting Dock (Kilometer 134.20)
  • S. Martinho Waiting Dock (Kilometer 139)
  • Alegria Waiting Dock (Kilometer 141.50)
  • Castelinho Waiting Dock (Kilometer 143.30)

Waiting Area:

  • Valeira Dam (Upstream and downstream waiting areas)

Section VI - Quinta Saião (Kilometer 167.5) – Ilha do Saião (Kilometer 171.2)

Waiting Areas:

  • Quinta Saião (Kilometers 167 to 167.5)
  • Ilha do Saião (Kilometers 171.2 to 171.5)

Section VII - Quinta do Vale Meão (Kilometer 177) - Pocinho Lock

Waiting Areas:

  • Foz do Sabor (Kilometer 176.7 to 177)
  • Pocinho Dam (Upstream waiting area)