Office de la Marine Marchande et des Ports Service Domain: Public domain of commercial seaports
Service Subject: Temporary occupation license for the public domain of commercial seaports
Submission of Temporary Occupation Request
General Overview: Concept of Temporary Occupation
Temporary occupation, according to Articles 18 and 20 of the Maritime Ports Code, refers to any use or exploitation of the port public domain without involving the construction of buildings or fixed installations. It is only temporary, reversible, and cannot be subject to compensation or fines.
In accordance with the provisions of Chapter 1 of Decree No. 4824 of November 25, 2013, which regulates the conditions and procedures for granting temporary occupation permits for the public domain of commercial seaports, temporary occupation is granted, by permit, to any individual or legal entity whose activity is directly linked to the port’s commercial operations. This permit is issued by the head of the port authority upon the proposal of the port manager.
Eligibility Conditions for the Service:
Any person, whether physical or legal, wishing to occupy part of the public domain of commercial seaports, provided their activity is related to the port.
Required Documents:
After filling out the application on the website of the Commercial Maritime Ports Office regarding the specific part of the public domain to be occupied, the following documents must be attached and uploaded:
- A copy of the national ID card or the articles of association for legal entities and a certificate from the national business registry,
- A technical file containing details about the applicant’s profession and the purpose of the temporary occupation,
- Necessary licenses for carrying out the activity related to the temporary occupation, if applicable.
Service Processing Phases:
| Service Phases | Involved Parties | Timeframe |
|---|---|---|
| Submit the application and accompanying documents | Port authority of the public domain to be occupied | One month from the submission of the temporary occupation request |
| Review of the file by the technical commission of the commercial seaport public domain | Commission responsible for land allocation in commercial seaports | Maximum one month from the file submission |
| Signing and issuing the permit | Head of the port authority, port management | Maximum one month from the approval of the request after the opinion of the competent commission |
Submission of the File:
Registration and uploading of supporting documents on the website of the Office in the designated section.
Location for Obtaining the Service:
Port management of the public domain to be occupied.
Legal and Regulatory References:
The legal framework for temporary occupation of the port public domain is based solely on the following texts:
- The Maritime Ports Code issued under Law No. 48 of 2009, dated July 8, 2009, particularly Article 20,
- Decree No. 4824 of 2013, dated November 25, 2013, regulating the conditions and procedures for granting temporary occupation permits for the public domain of commercial seaports,
- Minister of Finance acting and Minister of Transport Decision of July 18, 2017, concerning port fees in commercial seaports, collected by the Commercial Maritime Ports Office.