LUSA 10/02/2026

Lusa - Business News - Portugal: EC keeps infringement process for failure to prevent dolphin by-catch

Brussels, Oct. 1, 2026 (Lusa) - The European Commission announced on Thursday the second stage of infringement proceedings against Portugal for failing to prevent the accidental capture of dolphins in fishing operations.

According to a press release, the European government decided today to send a reasoned opinion to Portugal «for failing to implement the measures required under the Habitats Directive (Council Directive 92/43/EEC) to monitor and prevent by-catches of cetaceans in fishing activities».

By-catches are accidental catches of unwanted species.

The Habitats Directive requires member states to control the accidental capture and killing of strictly protected species and to ensure that these do not have a significant negative impact on the species in question.

Member states must also take appropriate measures to prevent significant disturbance to protected species in Natura 2000 sites.

Portugal has not established an effective system to monitor by-catches of species such as the bottlenose dolphin (Tursiops truncatus), the common dolphin (Delphinus delphis) and the harbour porpoise (Phocoena phocoena), all of which are protected under the Habitats Directive.

According to Brussels, Portugal has also failed to carry out research or take conservation measures to ensure that accidental catches and deaths do not have a significant negative impact on the species in question.

Furthermore, Portugal has not taken appropriate measures to prevent significant disturbance, due to the risk of by-catch, in Natura 2000 sites designated for the protection of dolphins.

The Commission initiated the proceedings by sending a letter of formal notice to Portugal in November 2023, but concluded that, despite the adoption of some national measures, Portugal continues to fail to fulfil the aforementioned obligations.

Consequently, the Commission has decided to issue a reasoned opinion to Portugal, which now has two months to respond and adopt the necessary measures; otherwise, the Commission may bring the case before the Court of Justice of the European Union.

 

 

 

 

 

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