The European Commission has decided to proceed with an infraction process against Portugal due to its failure to implement required measures to protect dolphins and other cetaceans from bycatch in fishing activities. According to a statement, Portugal has not effectively monitored or prevented the accidental capture of protected species, including the bottlenose dolphin, common dolphin, and harbour porpoise. This is a requirement under the EU's Habitats Directive.
The Habitats Directive mandates that EU member states control and minimize the impact of bycatch on strictly protected species and ensure that it does not have a significant negative impact on the species in question. Member states are also required to take measures to avoid significant disturbances to protected species in Natura 2000 sites. However, Portugal has not established an effective system to monitor bycatch of protected species, nor has it conducted sufficient investigations or taken conservation measures to mitigate the impact of bycatch.
The European Commission opened the infraction process against Portugal in November 2023, sending a letter of formal notice. Despite Portugal adopting some national measures, the Commission has concluded that these efforts are insufficient to meet the requirements of the Habitats Directive. Specifically, Portugal has not taken adequate measures to prevent significant disturbances to protected species in designated Natura 2000 sites, which are critical habitats for dolphins.
The Commission's decision to issue a reasoned opinion, the next step in the infraction process, gives Portugal two months to respond and adopt the necessary measures to comply with EU law. If Portugal fails to address the Commission's concerns, the case could be referred to the Court of Justice of the European Union. This development highlights the ongoing challenges in balancing fishing activities with environmental protection in EU member states.
According to RecordTV Cabo Verde, the issue at hand involves Portugal's obligations under the Habitats Directive, which aims to conserve biodiversity within the EU. The directive requires member states to take specific measures to protect species and habitats, including those related to bycatch in fishing activities. Portugal's failure to implement these measures has led to the current infraction process.
The European Commission's actions underscore the importance of enforcing EU environmental law, particularly in areas such as marine conservation. By maintaining the infraction process, the Commission aims to ensure that Portugal and other member states adhere to their obligations under EU law, protecting vulnerable species like dolphins from the impacts of fishing activities.
The outcome of this infraction process will be closely watched by environmental organizations and EU member states, as it sets a precedent for the enforcement of environmental regulations in the EU. Portugal's response to the Commission's concerns will be crucial in determining the next steps in this case.
Key points
- The European Commission has issued a reasoned opinion to Portugal over its failure to protect dolphins and other cetaceans from bycatch in fishing activities.
- Portugal has two months to respond and adopt the necessary measures to comply with EU law.
- The case could be referred to the Court of Justice of the European Union if Portugal fails to address the Commission's concerns.
