Portugal

1. Which authority is in charge of the civil aviation registry in Portugal? Does Portugal use a single-registry system or is there a dual-registry system in place?

There is no specific local law or regulation applicable to the aviation sector.

Because Portugal is an EU Member State, the rules set forth by Regulation (EU) nr. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) shall apply, together with Decree-Law 12/2021 on the 9th of February, which regulates the effects, validity and probatory value of electronic documents and e-signatures.

2. Is the registry an operator registry or an owner registry (or both)?

There are three different types of e-signatures:

Standard (unsecured) Electronic Signature (SES) – means data in electronic form that is attached to or logically associated with other data in electronic form and which is used by the signatory to sign; Advanced Electronic Signature (AES) – means an electronic signature that is i) uniquely linked to the signatory; (ii) capable of identifying the signatory; (iii) created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and (iv) linked to the data signed therewith in such a way that any subsequent change in the data is detectable. Qualified Electronic Signature (QES) – means an advanced electronic signature that is created by a qualified electronic signature creation device and which is based on a qualified certificate for electronic signatures.

QES meets the highest standard of security and is the only signature type that has the same legal effect as a handwritten signature.

Portugal, as a member of the European Union, follows ETSI (European Telecommunications Standards Institute) standards to define the technical requirements for QES.

QES must originate from a Qualified Signature Creation Device (QSCD) and be issued from a Trust Service Provider (TSP) on Portugal’s list of TSP providers.

A QES is automatically granted, free of charge, by the Portuguese Government to each Portuguese citizen (attached to the Portuguese Identity Card) and said e-signature can be

used for signing documents in a vast number of Public and Private Services.

3. What are the requirements and documentation to register an aircraft in Portugal? Include references to formalities such as notarisation, legalization, etc.

No. Since any document to be filed with the Portuguese CAA must be notarized with confirmation of the powers of the signatory to bind the applicant, the Portuguese CAA does not accept submissions made only digitally (digital submissions must be followed with the delivery of the original documents). However, registration certificates digitally signed by the Portuguese CAA can be provided by email.

4. What fees are payable to register an aircraft in Portugal?

Yes, but the digital fillings must be followed by wet ink versions (original documents), with the signatures duly notarized.

5. Are there any weight and/or maximum age restrictions to register an aircraft in Portugal?

Documents e-signed using QES are generally valid and accepted in Portugal, except if and when Portuguese law requires notarization (with confirmation of the signatory’s powers to bind the company).

6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Portugal?

Yes, all court cases are managed electronically and through an official website from the Portuguese Ministry of Justice. Thus, all pleadings and documents must be submitted digitally only through the said official website using the QES granted to all Portuguese-qualified lawyers.

7. How is an aircraft title transfer effected in Portugal? What are the formalities required to register such title transfer in the national registry of Portugal (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.

Yes, see the answer to question 6) above.

Is there any specific certification required?

Yes, see the answer to question 6) above.

Does Portugal make any distinction between official digital signatures and private digital signatures?

Yes, see the answer to question 2) above. Only documents signed using QES will be deemed, by law, as handwritten signed documents. QES must originate from a Qualified Signature Creation Device (QSCD) and be issued from a Trust Service Provider (TSP) on Portugal’s list of TSP providers.

8. What information and details are reflected in the certificate of registration of an aircraft?

See the answer to question 2) above. Documents which, under Portuguese law, must be notarized or subject to public deed cannot be executed by e-signature.

Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

No.

9. Are the entries in the aircraft registry of Portugal made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?

Portuguese CAA requires all documents and agreements to be notarized with express confirmation of the signatory’s powers to bind the company. Thus, e-signatures cannot be used.

For documents from foreign entities, legalization or the Apostille of the Hague Convention shall also be required.

10. What kind of aircraft operations can be conducted with aircraft registered in Portugal (i.e., private use, commercial air transport or both)?

Not to our knowledge.

11. Does the civil aviation authority in Portugal authorise the operation of foreign registered aircraft? If so, with which countries has Portugal entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?