Environmentalists challenges European Ombudsman; demand inquiry into Tejo river flows

Portuguese environmental group proTEJO has challenged the European Ombudsman’s decision to reject an investigation into the European Commission’s handling of a complaint over ecological flows in the Tejo River, arguing that new evidence exposes contradictions in Brussels’ position.

In letters sent yesterday to the European Ombudsman and the European Commissioner for the Environment, the campaign group accused the European Commission of a “manifest error of assessment” in closing a complaint that proTejo lodged in 2024 concerning water management practices on the river.

In fact, they want Europe to open infringement proceedings against both Portugal and Spain for failing to protect the ecological health of the Tejo river.

Speaking to Lusa, proTEJO spokesman Paulo Constantino said the organisation intends to maintain pressure on European institutions and maintain efforts to bring the case before the courts.

The dispute centres on a decision by the European Ombudsman’s office NOT to investigate the Commission’s closure of the complaint.

In a letter dated May 29, Ombudsman Secretary-General Lampros Papadias argued that the Commission should prioritise “structured dialogue” with Portugal and Spain rather than launch infringement proceedings under the EU Water Framework Directive.

However, proTEJO says a letter from the European Commission’s Directorate-General for Environment, dated May 13, undermines that position. According to the environmentalists, the Commission acknowledged in writing that the failure to establish adequate ecological flows “predictably leads to non-compliance” with EU environmental objectives.

The group argues that this admission directly contradicts the Commission’s decision to close the case.

proTEJO also disputes the Ombudsman’s claim that biodiversity impacts could not be assessed because they were absent from the original complaint. The movement says references to breaches of the Birds and Habitats Directives were explicitly included in the 2024 submission and that it has provided supporting documentation to European authorities.

In a parallel submission to the Environment Commissioner, proTEJO detailed what it describes as severe ecological damage linked to the absence of ecological flow requirements at the Cedillo dam on the Portuguese-Spanish border, where water releases are governed by the 1998 Albufeira Convention.

The group cites the deterioration of the ecological status of the Monte Fidalgo reservoir from “Moderate” to “Poor”, and a decline in the chemical status of the Fratel reservoir due to excessive phosphorus levels, phytoplankton growth and repeated toxic cyanobacteria outbreaks between 2016 and 2023.

Environmentalists also point to the near-emptying of the Monte Fidalgo reservoir in 2018 and 2019, which left the Pônsul and Sever rivers without water for two months – affecting ecosystems within the Tejo International Natural Park.

According to scientific data submitted by proTEJO, around 60% of native fish species in the river basin are under threat. The group highlights the near disappearance of the sea lamprey from the river in 2023 and 2024, which it says is directly linked to flow fluctuations. The Portuguese boga (Iberochondrostoma lusitanicum), allis shad (Alosa alosa) and twait shad (Alosa fallax) are also considered at risk.

The organisation argues that river basin management plans adopted by Portugal and Spain breach the EU Habitats Directive because no adequate environmental assessment has been carried out on the impact of flow regimes on protected Natura 2000 sites. It says the consequences extend to sensitive areas including the Tejo Estuary Nature Reserve and the Boquilobo Bog Natural Reserve .

proTEJO is now calling on the European Commission to immediately open infringement proceedings against both Portugal and Spain over alleged failures to protect the ecological health of the Tejo river.

Source material: LUSA/ Wikipedia