Humberto Delgado Airport, Lisbon
The Public Ministry (MP) is trying to stop the works at Lisbon airport, which began in December. The Government is, in turn, trying to contest the MP’s challenge.
In December, the MP presented a petition to the Supreme Administrative Court (STA) for “the declaration of nullity and annulment of various administrative acts” related to works of modification and expansion in the Lisbon airport.
The news of the action filed by the MP on December 12th with the STA was advanced this Thursday by and confirmed to Lusa by the STA.
The MP’s action seeks to declare the decision of the State Environment Agency (APA), of January 22, 2024, null and void, which the mandatory environmental impact assessment of the works planned for the airport.
The Public Ministry maintains that since 2006 No project in Portela was subject to an environmental assessment.
APA argues that an environmental assessment is not necessary at this stage as it would not alter the increase in infrastructure capacity, planning to carry out a study only to increase flight capacity.
The MP also requests the annulment of the deliberations of the Council of Ministers of December 28, 2023, which obliged ANA – Aeroportos de Portugal, to carry out works and investments in that infrastructure.
The MP wants to see the resolution of the Council of Ministers of May 2024, already the responsibility of the current Government, annulled, which “provides for measures to reinforce the capacity of Humberto Delgado Airport”, as well as the favorable opinions of the National Civil Aviation Agency (ANAC ).
The MP specifies, according to the STA note, that “all projects mentioned in Council of Ministers Resolution No. 201/2023 and others that are part of its development plan, or its operational improvement plan or its master plan for Humberto Delgado Airport, safeguards interventions involving mere maintenance, or force majeure for security reasons”.
This action does not suspend the works immediately, but may lead to delays if APA has to carry out an environmental impact study (EIA).
Government and ANA contest
The Government reported that will file a dispute to the administrative action taken by the MP that could delay the improvement works at Humberto Delgado airport.
“The Government (…) will use the legal deadlines [30 dias] to analyze this action, which focuses in particular on a Resolution of the Council of Ministers of December 2023 (RCM 201/2023) and on the decision of the Portuguese Environment Agency of January 22, 2024, to present the respective challenge”, he told Lusa official source from the Ministry of Infrastructure.
In reaction to the news, the ANAin turn, commented that “regrets this attempt to prevent the execution, among others, of the works tendered in December resulting from RCM 201/2023, amended by 67/2024, which aim to ensure better service conditions for passengers, with more space in the terminals and a reduction in boarding and disembarking by bus, thus improving the carbon footprint of ground operations”, an official source from the national airports manager told Lusa.
Now, the concessionaire, and the other notified entities, including APA, NAV – Portugal, several ministries and the sector regulator (ANAC), have 30 days to file a response.
“The environmental impact study (EIA) to be developed must consider as a reference situation the number of flights declared in the request for prior assessment relating to the ‘Pier Sul, Central and Apron Sul’ project (38 movements per hour) and its future evolution , notably until reaching the maximum capacity of 45 movements per hour”, explained the APA in an opinion issued last month.
The concessionaire of the national airports shares the same understanding, arguing that the improvement of the operating conditions of terminal 1 at Lisbon airport is not related to, “nor does it have as a consequence, the increase in aircraft movements, which are limited by the capacity of the airport. airspace.”
The works at Humberto Delgado airport, awarded to the consortium of Mota-Engil and da Vinci, foresee an investment of more than 233 million euros and aim to mitigate the current infrastructure congestion until the start of the new Luís de Camões airport, in Alcochete.
