Question to the EC: Dredging in the river Sado (Setúbal, Portugal) — possible infringements of EU directives

See Francisco Guerreiro’s question to the European Commission and the written answer on dredging in the river Sado (Setúbal, Portugal) and possible infringements of EU directives.

Subject: Dredging in the river Sado (Setúbal, Portugal) — possible infringements of EU directives 

The port of Setúbal will carry out dredging in the Sado river banks in order to deepen the navigation channels and the turning basin. However, this dredging will take place in the vicinity of the Sado Estuary Natural Reserve (a Natura 2000 site) and the Marine Park Professor Luiz Saldanha. 

The environmental impact study carried out revealed alarming consequences for the aquatic biotopes present in the area and for the different species (such as bottlenose dolphins) and also that technical gaps in knowledge exist in relation to the impact of the project on the ecosystem. 

The Portuguese Environment Agency issued a favourable opinion on the project (Decree-Law No 151-B/2013). 

In Sines there is an alternative port (Sines Atlantic), which is able to accommodate up to 10 million containers per year — a potential that is not exploited — and which is not located in a protected area. 

In the light of the above, does the Commission agree that dredging would cause irreparable and irremediable damage to the ecosystem? 

Does it agree that Portugal will be in breach of the Birds and Habitats Directives (Directives 79/409/EEC and 92/43/EEC, respectively) and Article 4 of Directive 2001/42/EC in carrying out such a project and threaten the natural balance of the local ecosystems? 

Does it agree that Portugal should ban dredging in the Sado river?

Answer in writing 

The Habitats Directive(1) aims at ensuring that plans or projects likely to have significant effects on designated Natura 2000 sites be permitted only to the extent that the competent authorities have ascertained, by means of a prior appropriate assessment, that the integrity of the sites concerned will not be adversely affected. 

Directive 2001/42/EC(2) applies to a wide range of public plans and programmes likely to have significant effects on the environment. In turn, the effects on the environment of individual projects, such as the dredging activities, must be assessed under the provisions of the Environmental Impact Assessment (EIA) Directive(3). With a view to reducing unnecessary administrative burdens whilst ensuring a maximum level of environmental protection, Article 2(3) thereof calls for a joint or coordinated procedure for projects requiring an assessment under both the EIA and the Birds(4) or Habitats Directives. 

The primary responsibility for correctly implementing EC law lies with Member States. It appears from the publicly available information that the dredging project has been subject to an assessment in line with the requirements of EC law and that the competent authorities have ascertained, in light of the conclusions of that assessment, the absence of significant repercussions on any designated Natura 2000 site(5).

Consequently, the Commission does not see any evidence at this stage of a breach of the provisions of EU environmental law.

(1)       Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora — OJ L 206, 22.7.1992, p. 7‐50. 

(2)       Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment — OJ L 197 , 21.07.2001, p. 30-37.

(3)       Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Text with EEA relevance — OJ L 26, 28.1.2012, p. 1‐21, as amended by Directive 2014/52/EU — OJ L 124, 25.4.2014, p. 1‐18.

(4)       Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds — OJ L 20, 26.1.2010, p. 7‐25.

(5)       Declaração de Impacte Ambiental — Melhoria da Acessibilidade Marítima ao Porto de Setúbal, attached to the Single Environmental Permit (TUA20170720000132) issued by the Portuguese Environmental Agency (APA) on 27 July 2017.

http://siaia.apambiente.pt/AIADOC/AIA2942/tua-dia_aia29422018817143640.pdf

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