Wild Birds and Habitats Directives: Commission
takes legal action against eight Member States
European Commission
The European Commission is taking legal action against eight Member States
in order to protect and conserve biodiversity in Europe. The Member States
in question are Luxembourg, Belgium, Italy, Austria, Spain, Ireland, Greece
and the United Kingdom. These Member States have, in different ways, not
ensured sufficient protection of wild birds, habitats and species protected
under the EU's Habitats and Wild Birds Directives. Belgium, Luxembourg
and Italy are requested to comply with earlier Court rulings. Failure
to do so could result in substantial fines being imposed on these Member
States. Spain, Ireland, Austria and Greece are to be referred to the Court
of Justice for a number of breaches of the two Directives.
Commenting on the decisions, Environment Commissioner, Margot Wallström,
said: "Member States have committed themselves to halting the
loss of bio-diversity in the EU by 2010. If this objective is to be achieved,
they must reinforce their national legislation and upgrade their nature
conservation practices. The biggest threat to biodiversity is mankind.
Through our activities we contribute to the loss of habitats and species.
Our major nature protection Directives are there to stop this trend. But
only if they are fully and correctly implemented by all Member States."
Belgium
On 27 February 2003, the Court of Justice ruled that Belgium had not
respected the requirements of the Wild Birds Directive with regard to
special protection areas (SPAs) for wild birds in Flanders (Case C-415/01).
More specifically, there was a lack of legislation defining the boundaries
of SPAs and creating the necessary binding legal protection regime governing
SPAs. As Belgium has still not informed the Commission of how it proposes
to comply with the Court ruling, the Commission has sent it a first written
warning to comply. Failure to do so could result in fines being imposed
on Belgium.
Luxembourg
On 13 February 2003, the Court of Justice ruled that the legislation
to implement the Habitats Directive in Luxembourg was inadequate in several
important respects (case C-75/01). More specifically, Luxembourg's legislation
does not adequately reflect the definitions set out in the Directive.
It also does not have enough rules to ensure the conservation of habitats
or the protection of species, as set out in the Directive.
As these shortcomings have still not been corrected, the Commission has
sent Luxembourg a final written warning to comply with the Court ruling.
Failure to do so may result in substantial fines being imposed on Luxembourg.
United Kingdom
The Commission has sent the United Kingdom a final written warning because
its legislation to implement the Habitats and Birds Directive is not strict
enough concerning trading in wild birds and species. The Directives ban
the trade in protected birds and species, but the UK's legislation only
covers those protected species whose natural range includes Great Britain.
In addition, certain game birds are not at all covered by the provision
on the prohibition on trade. The UK authorities promised the adoption
of new legislation, but the Commission has not yet received this.
Spain
The Commission has decided to refer Spain to the Court of Justice because
Spain allows the use of non-selective trapping methods, such as snares,
to control foxes. This practise is banned under the Habitats Directive.
The Commission is concerned that these methods also trap certain strictly
protected species under the Habitats Directive, such as the Iberian Lynx.
Italy
On 20 March 2003, the European Court of Justice ruled that by failing
to classify a large number of territories as Special Protection Areas
(SPAs) for the protection of bird species protected under the Birds Directive
and of other migratory species which regularly visit its territory, Italy
had failed to fulfil its obligations under the Wild Birds Directive. While
Italy has made important progress in site designation and providing site
information, the overall network remains seriously deficient. The Lombardia
and Sardegna regions are the most deficient areas: 25 Important Bird Areas
in Lombardia and a further 16 in Sardegna are totally uncovered. As these
shortcomings have yet to be corrected, the Commission has sent Italy a
letter of first written warning to comply with the Court ruling. Failure
to comply may result in substantial fines being imposed on Italy.
The Commission also sent Italy a final written warning following the
investigation of a complaint concerning a project for developing a skiing
resort in Moso in Passiria, Province of Bolzano. The area is classified
as a site of major importance under the Habitats Directive and an SPA
under the Birds Directive. The project in question has been judged to
have a potentially negative affect on the site. The Commission already
sent Italy a first written warning for breaches of the Habitats and Birds
Directive but has still not received any response from the Italian authorities.
The Commission sent Italy another final written warning following its
investigation of a complaint concerning the abstraction of water from
Lake Trasimeno, in Umbria, for agricultural and drinking use. Lake Trasimeno
is an SPA, but provisions for the conservation of natural habitats also
apply. As a result of draining water, the water level of the lake has
decreased, which in turn has led to the deterioration of habitats and
to the threatening of species that live in and around the lake. The Italian
authorities took some measures, including a plan for the Trasimeno Lake,
which aims to restore and protect the ecosystem of the lake and of the
banks.
The measures have slowed down the decrease in water level, but the Italian
authorities have given no information about a timetable for further corrective
measures nor about the financing of other measures to improve the critical
situation.
Ireland
The Commission has decided to refer Ireland to the European Court of
Justice for failing to designate a sufficient number of Special Protection
Areas (SPAs) for wild birds and for failing to adequately protect sites
that have or require SPA status. In terms of the percentage of national
territory covered, Ireland currently has the second smallest network of
SPAs in the EU. Whereas the Irish network covers an area equivalent to
3% of its national territory the EU average is 8%. Several threatened
and vulnerable bird species, such as the Corncrake, Chough and the Hen
Harrier, are poorly covered by site protection measures in Ireland.
Austria
The Commission has decided to refer Austria to the European Court of
Justice in relation to a road project in the Special Protection Area (SPA)
called 'Lauteracher Ried" (Vorarlberg). After investigation of a
complaint, the Commission found that the Austrian authorities had not
correctly determined the limits of this SPA. The Commission concluded
that two sites known as 'Soren' and 'Gleggen,' which are important for
Corncrake and other meadow-breeding birds, were wrongly excluded from
the SPA, and that the Austrian authorities had not applied correctly relevant
EU nature conservation legislation when they authorised the road project.
The Austrian response to the final written warning of the Commission was
not satisfactory and therefore a referral to the Court was decided.
Greece
The Commission has decided to refer Greece to the European Court of Justice
for failing to properly protect the lagoon of Messolonghi-Aitolikon, Prefecture
of Aitoloakarnania, a wetland that is internationally recognised as an
important habitat for wild birds. The appropriate legal framework for
ensuring the effective protection of the lagoon is still not in place.
The Commission has also sent Greece a final written warning for failing
to properly protect another internationally recognised wetland, Lake Koronia,
Prefecture of Thessaloniki. The lake is mostly affected by heavy water
abstraction for irrigation purposes. It is also affected by discharges
of nutrients, heavy metals and other pollutants from industries in the
surrounding area. The Commission considers that Greece has not established
an appropriate legal protection framework and has not taken adequate measures
to avoid the degradation of the lake. Greece has an obligation to do this
under the Wild Birds, the Habitats Directive and the Dangerous Substances
in Water Directive.
Greece has also received a final written warning for failing to protect
adequately a rare species of snake, the Vipera schweizeri. Above all,
Greece failed to establish an effective system of strict protection of
the Vipera schweizeri on the island of Milos. Such measures would have
protected the species during its breeding period and prevented any activity
that might threaten or destroy its breeding sites.
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