According to a statement from the EU executive, “contrary to the directive and the case law of the Court of Justice of the European Union, Portuguese legislation allows not only mitigation measures but also compensatory measures for the expected damage of the project to be taken into account when determining whether a project has a significant effect on Natura 2000 sites. Allowing these compensatory measures to be included during the assessment of a project compromises the outcome of the assessment.”
The Habitats Directive (Directive 92/43/EEC) requires that plans and projects likely to have a significant impact on a Natura 2000 site are subject to an appropriate assessment of their effects on the site before they are authorized and can only be authorized, subject to certain exemptions, if they do not harm the integrity of the Natura 2000 site.
According to the directive in question, it is one of Europe’s main instruments for protecting biodiversity, which is a key objective of the European Green Deal and the Biodiversity Strategy for 2030.
Portugal has two months to respond to the notification sent by Brussels.
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