Industrial Licensing

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Industrial Licensing

Industrial Licensing is a mandatory process to be followed whenever installing and making certain changes to industrial establishments. Learn about the different types of Industrial Licensing and the procedures and services that must be carried out for your establishment.

Information is also given on what you must do to commence and continue your activity, and what to do if your industrial establishment is suspended or ceases to operate.

Overview of Industrial Licensing


Industrial Licensing is the administrative process that must be followed before installing and making changes to industrial establishments. It comes under the legal framework of the Responsible Industry System (SIR).

This system simplifies the administrative procedures, reducing the pre checks and strengthening the responsibilities of the industrialists and entities involved in the procedure. Aside from this simplification, the aim of the SIR is to remove the risks and inconvenience arising from operating industrial establishments, with the aim of safeguarding public health and workers, the safety of people and property, and the quality of the environment.

For the majority of industrial plants, the licensing process is very simple, requiring only a notification (Simple Prior Notification) to be sent to the competent authority before commencing activity.

While the process has been simplified, compliance with the technical requirements for operation is a legal obligation for industry.

For information on the which licensing process is applicable to your establishment, run the Industrial Licensing Simulation and use ePortugal to carry out the services.

For additional details, see the Responsible Industry Guide.

Activities that require industrial licensing


Industrial Licensing is required for all activities with an Economic Activity Code (CAE) listed in the table given in Annex I to the legislation regulating the SIR.

The following are not included:

  • vehicle and motorcycle repair
  • computer repair
  • personal and domestic goods repair
  • industrial activities performed in facilities attached to retail and catering or drinking establishments, with contracted electrical power up to 99kVA, included in list VI of Annex I to the Legal Regime for Retail, Services and Catering Activities  (RJACSR).

For additional details, see the Industrial Licensing Guide.

Types of industrial establishment


Industrial establishments are classified as types 1, 2 and 3, in accordance with the risks inherent to their activities. Type 1 establishments present the greatest risk and type 3 establishments the lowest risk. The complexity of the licensing process depends on the type of establishment.

To discover which type applies to your establishment and for the information on the procedures to follow, run the Industrial Licensing simulation.

Type 1

The most complex form of licensing applies to type 1 industrial establishments. This typology includes all establishments subject to at least one of the following legal regimes or situations:

  • Environmental Impact Assessment (RJAIA)
  • Pollution Prevention and Integrated Control (RJPCIP)
  • Serious Accident Prevention (RPAG)
  • Waste Management Operations (OGR) requiring prior inspection
  • Operation of agri-food activities using raw materials of unprocessed animal origin, the handling of subproducts of animal origin, or the manufacture of animal feeds requiring the allocation of a Veterinary Control Number (VCN) or Individual Identification Number (IIN).

Under this legal framework, it is necessary to follow an authorisation procedure with prior inspection to install this type of establishment.

For further information, see Flash SIR Type 1.

Type 2

Type 2 industrial establishments are covered by at least one of the following legal regimes:

  • European Union Emissions Trading System (CELE);
  • Waste Management Operations (OGR) not requiring prior inspection.

Under this legal framework, it is necessary to follow an authorisation procedure without prior inspection to install this type of establishment.

For further information on this typology, see Flash SIR Type 2.

Type 3

The simplest form of licensing applies to type 3 industrial establishments. For these, it is only necessary to submit a simple prior notification to install or change the establishment, accompanied by, amongst other things, a declaration stating that the establishment meets all of the legal requirements applicable to the associated industrial activity.

This typology is assigned when the establishment is not covered by the legal regimes or situations applicable to type 1 and 2 industrial establishments.

For further information, see Flash SIR Type 3.

Industrial establishment life cycle


Different licensing procedures may have to be followed for your industrial establishment during its life cycle. The services are given on this page, along with the information required to carry them out.

To access the SIR services, it is necessary to be registered in the industrial licensing system. If the establishment is not registered in the system, an Industrial Establishment registration request must first be submitted.

Commencement of activity

To commence activity, an installation service must be carried out for your industrial establishment. For information on the service applicable to your establishment, enter the details in the Industrial Licensing Simulator. The result of the simulation will indicate the service to be carried out and the form that should be completed.

The installation service may require additional formalities to be completed, depending on the type of industrial establishment. This information will be provided to the industrialist in the results of the simulation

For type 1 establishments, submitting the installation request results, in the first phase, in the issuing of a digital installation permit which authorises the industrialist to implement the installation project for the establishment. After completing this phase, the industrialist must submit a request for inspection, in which compliance with the operating conditions will be evaluated. The process ends with the issuing of a digital operation permit, which authorises the industrialist to perform the activities.

While type 2 establishments do not require prior inspection, notification of the start of activities must be given.

Type 3 establishments are exempted from these formalities. After submitting the installation request and the associated elements identified in the form, the industrialist will receive the references for the payment of the fee and the digital operation permit, which authorises the activity to commence once the due fee has been paid.

Run the industrial licensing simulation.

Changes to your industrial establishment

Certain changes to establishments must be authorised and others have to be communicated in advance, although no procedure is required for the majority of changes. In some situations, the change to the industrial establishment could result in it being reclassified to a different typology.

For information on the service applicable to the change to your establishment, run the Industrial Licensing Simulator. The results of the simulation will indicate whether it is necessary to formalise the change request or simply to send a notification, and, if necessary, which service has to be carried out and the form to be completed.

There may be additional formalities in the service for the change, in accordance with the type of establishment and the intended change. Depending on the result of the simulation, it may be necessary to request an inspection. The instructions resulting from the simulation must be followed.

Run the industrial licensing simulation

During the activity

It may be necessary to submit the following requests during the course of the activity of your industrial establishment:

  • Notification of change of the representative. These notifications should be sent to the IAPMEI, using the email industria@iapmei.pt, providing the following documents and information:
  • identification of the company or person: trading name or name, Corporate or Individual Taxpayer Registration number (NIPC/NIF), address;
  • identification of the establishment to which the notification of change applies: name and address;
  • permanent certificate access code;
  • details of the new representative: name, Citizen Card number, telephone/mobile phone number and email.
  • power of attorney, giving the capacity and powers for the act (required if the representative is not an administrator/manager of the company owning the establishment).
  • • Industrial establishment - reporting a change in ownership or in the corporate name of the owner.

For situations not stipulated in these services, use the service Industrial establishment – communicate with the coordinating entity.

The operating permit for your establishment can be consulted at any time on the SIR technology platform.

In other situations, you can contact the licensing coordinating entity, if required.

Suspension and recommencement of activity

Notification of the suspension of the industrial activity for more than one year and recommencement of this activity, after this period of suspension, must be given within 30 days from the date of the fact causing the change.

Both of these notifications can be made on the SIR technology platform.

Cessation of activity

If you decide to end your industrial activity, you must communicate this information through the SIR platform, within 30 days from the cessation of activity.

However, ending the activity of industrial establishments covered by the Legal Regime for Pollution Prevention and Integrated Control must be communicated at least three months before the date scheduled for cessation.

Industrial licensing simulation


The Industrial Licensing Simulator tells you the type of your establishment and which services must be carried out to install or change the activity of any industrial establishment.

After entering the details in the Simulator, you will receive a set of instructions for carrying out the service that fulfils the obligations stipulated in the SIR. These instructions may also include services only available from the competent authorities.

The simulation does not have to be completed at one go. It remains on the SIR platform for you to complete at your own pace. If it is necessary to submit forms for the installation and change services, the details entered in the Simulator will be automatically entered into the fields of these in ePortugal.

The simulation results will also indicate the set of elements that must accompany the installation and change requests for the industrial establishment, as provided for in Decree No 279/2015, of 14 September.

Run your simulation:

Industrial licensing simplified glossary


Industrial Licensing the procedure that authorises an industrial establishment to perform its activity.

Simple Prior Communication (MCP)  when the law stipulates that an application presented to the administration results immediately in an authorisation, based solely on the citizen reporting that the legal requirements required for the authorisation to be given have been fulfilled.

Veterinary Control Number a number assigned by the General Directorate of Food and Veterinary Medicine to type 1 establishments where the industrial activities consist of processing of unprocessed raw materials of animal origin, or in the processing of animal subproducts, or products derived from animals.

Representative  the person who represents the industrial establishment before the Public Administration. The representative may be the owner of the establishment or another person to whom the owner has delegated this responsibility of representation. The representative is responsible for the information communicated to the Administration. The owner is responsible for the activity of the establishment.

Responsible Industry System (SIR)  the legal framework that establishes the procedures necessary to access and perform the industrial activity, and to install and operate the Responsible Business Zones (ZER), as well as the accreditation process for the entities under this system. The SIR represents a paradigm shift with regard to the licensing of industrial activity, reducing the situation of pre checks and strengthening a posteriori control mechanisms, giving greater responsibility to the industrialists and the entities involved in the procedure, either by reinforcing inspection or by means of the sanction regime.

Digital Operation Permit  the document, in digital format, that authorises the operation of the industrial establishment.

Digital Installation Permit  the document, in digital format, that authorises the implementation of the installation project for the industrial establishment.

Responsible Business Zone  a restricted territorial area containing licensed infrastructure, which enables simplified, faster and less onerous rental to industrialists, following a ‘key-in-the-hand’ approach, thereby contributing to effective organisation of the national territory. The Environmental Impact Assessment (AIA) is waived for industrial establishments that intend to install in these areas, as long as the environmental impact study already includes the elements necessary for the AIA of the industrial establishment in question.

Industrial licensing coordinating entities


During the procedure for installing your industrial establishment, you will receive information from the Industrial Licensing Simulator, as well as the SIR platform, about which entity will be your contact for all communications regarding the procedures provided for in the SIR.

The SIR involves the following coordinating entities:

  • Public Agency for Competitiveness and Innovation (IAPMEI)
  • Regional Directorate for Agriculture and Fisheries (DRAP) responsible for the territory
  • General Directorate for Energy and Geology (DGEG)
  • National Press and Mint (INCM, S.A.)
  • Municipal council responsible for the territory
  • Management entity for the Responsible Business Zones (ZER).

The coordinating entity identified in the procedure will depend on the economic classification of the industrial activity (CAE), the type of establishment (1, 2, 3) and the territory where it is located, in accordance with the following table (given in Annex III to the SIR).

Table of economic activity codes. Source: Diário da República (Official Gazette)
CAErev.3 Typology of the establishmentCoordinating entity
05100, 05200, 07100, 07210, 07290, 08111, 08112, 08113, 08114, 08115, 08121, 08920, 08992, 11071, 19201, 19202, 24410, 24430, 24440, 24450 and 24460All typesGeneral Directorate for Energy and Geology (DGEG)
08931,
10110 to 10412,
10510, 10893,
10911 to 10920,
11011 to 11013,
11021 to 11030,
35302, 56210 and 56290
Types 1 and 2Regional Directorate for Agriculture and Fisheries responsible for the territory, or the ZER management entity
Type 3Municipal council responsible for the territory, or the ZER management entity
Subclasses stipulated in section 1 of Annex I to Decree-Law No 73/2015 and not identified in the above lines in this columnTypes 1 e 2IAPMEI, or the ZER management entity
Type 3Municipal council responsible for the territory, or the ZER management entity

 

Legislation


Responsible Industry System (SIR)

Amendments:

Corrigendum:

Regulations:

Complementary legislation

Single Environmental Licensing (LUA) approved by Decree-Law No 75/2015, of 11 May and Corrigendum No 30/2015, of 18 June, for the purpose of issuing an Single Environmental Permit (TUA) covered by the following legal regimes:

Legal Regime for Occupational Health and Safety – Law No 102/2009, of 10 September, amended by Law No 3/2014, of 28 January, by Decree-Law No 88/2015, of 28 May, by Law No 146/2015, of 9 September and Law No 28/2016, of 23 August.

Legal Regime for the exploitation of agri-food activities that use raw materials of unprocessed animal origin (Regulation (EC) No 852/2004 of 29 April 2004 and Regulation (EC) No 853/2004 of the European Parliament and Council of 29 April 2004), the manipulation of subproducts of animal origin (Regulation (EC) No 1069/2009 of the European Parliament and Council of 21 October 2009), or the manufacture of animal feeds (Regulation (EU) No 183/2005 of the European Parliament and Council of 12 January 2005).

Regime for the installation and operation of equipment under simple pressure and equipment under pressure – Decree-Law No 131/2019, of 30 August, which revokes Decree-Law No 90/2010, of 22 July.

Legal Regime for Retail, Services and Catering Activities (RJACSR) - Decree-Law No 10/2015, of 16 January.

Legal Regime for Jewellery and Hallmarking (RJOC) - Decree-Law No 120/2017, of 15 September.

Industrial support body


The IAPMEI is the entity responsible for promoting the actions necessary for the correct, predictable, effective and harmonised application of the provisions of the SIR, defining, whenever necessary, the directives and the common parameters to be followed by the intervening entities. The IAPMEI is also responsible for monitoring the SIR, as well as the management of the electronic support platform for industrial licensing.