According to a statement from the community executive, “Contrary to the directive and the jurisprudence of the Court of Justice of the European Union, Portuguese legislation allows taking into account not only mitigation measures but also compensatory measures for the damage expected from the project when determining whether a project has a significant effect on Natura 2000 sites. Allowing the inclusion of these compensatory measures during the evaluation of a project compromises the outcome of the evaluation.”

The Habitats Directive (Directive 92/43/EEC) requires that plans and projects likely to have a significant impact on a Natura 2000 site must undergo an appropriate assessment of their effects on the site before authorisation and can only be authorised 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 2030 Biodiversity Strategy.

Portugal has two months to respond to the notification sent by Brussels.