Question to the EC: Montijo Airport and breaches of EU law

See Francisco Guerreiro’s question to the European Commission and the written answer on the Montijo Airport and breaches of EU law.

Subject: Montijo Airport and breaches of EU law 

The Portuguese Government has signed an agreement with ANA, the country’s airport authority, for the construction of a new airport in Montijo and the significant expansion of Humberto Delgado Airport. 

The ‘airport system’, as set out in a sectoral plan in accordance with Portuguese law, will be concentrated in the Lisbon Metropolitan Area and its surroundings and have adverse effects on the environment and health. 

In such circumstances, national and EU law require that a strategic environmental assessment be carried out. 

However, the environmental impact assessment focused on financial aspects and failed to address the potential climate and environmental impacts. Therefore, I would like to ask the Commission the following: 

1. 1. Does it consider that this project, for which no strategic environmental assessment has been carried out, meets the provisions under national and EU law? 

2. Given the fact that it contained no estimate of the new airport’s carbon footprint, and in view of the project’s proximity to the special protection and conservation areas in the Tagus Estuary, does the Commission believe that the environmental impact assessment was performed in accordance with EU law?

Answer in writing

The Environment Impact Assessment (EIA) Directive(1) requires that projects for the construction of a irports(2) be subject to an assessment of their effects on the environment before development consent is granted by the competent authorities. Moreover, due to the potentially significant effects of the proposed airport on Natura 2000 site ‘Estuário do Tejo’(3), an appropriate assessment of those effects(4) is mandatory under the provisions of the Habitats Directive(5).

The competent authorities may only agree to the project after having ascertained, in light of the outcome of such appropriate assessment, that the integrity of the site concerned shall not be adversely affected, unless certain conditions are fulfilled(6). By contrast, it should be noted that the provisions requiring a strategic environmental assessment pursuant to the Strategic Environmental Assessment (SEA) Directive(7) only applies to plans and programs in the sense of that directive.

The Commission has launched an investigation into the allegations of possible misapplication of the above provisions of EU environmental law brought to its attention by the means of a complaint. The Commission will decide on the best way forward for this case in light of the findings of the ongoing investigation.

(1) 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; OJ L 26, 28.1.2012, p. 1‐21, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014, OJ L 124, 25.4.2014, p. 1‐18.

(2) As are all the types of projects listed in Annex I to the directive [the construction of airports with a basic runway length of 2 100 m or more is referred to in Point 7a) of Annex I to the EIA Directive].

(3) PTCON0009 and PTZPE0010.

(4) The general approach recommended in the European Commission in its Guidance Document ‘Assessment of plans and projects significantly affecting Natura 2000 sites — Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC’ (available under https://ec.europa.eu/environment/nature/natura2000/management/docs/art6/natura_2000_assess_en.pdf ) is that the assessment required by the Habitats Directive should form part of the assessment under the EIA Directive. However, it should be clearly distinguishable and identified or reported separately.

(5) 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.

(6) Laid down in Article 6(4) of the Habitats Directive, including inter alia that, in the absence of alternative solutions, the project is carried out for imperative reasons of overriding public interest.

(7) 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, 21.7.2001, p. 30‐37.

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