Vogelbescherming - Commissie start procedure tegen Griekenland wegens niet-naleving EU-richtlijnen (en)
The European Commission has decided to refer Greece to the European Court of Justice for failing to designate enough natural sites for the conservation and protection of wild birds. The EU's Wild Birds Directive requires Member States to designate special protection areas (SPAs) for this purpose. Available scientific information indicates that in Greece 186 sites, representing a total surface area of over 3 million hectares, should be given SPA status. However, the Greek authorities have designated sites which cover less than 1½ million hectares. The Greek authorities are gradually improving the country's SPA coverage, but the designation deficit is still considerable. SPAs benefit from a number of safeguards giving increased protection to the birds who live and pass through them. The failure to accord SPA status to important wetlands and other sites hosting rare or endangered wild bird species undermines conservation efforts.
In addition to the insufficient designation of SPAs, some species that the Wild Birds Directive specifically mentions as requiring SPA designation are insufficiently represented in Greece's existing SPA network. These include the Shag, Phalacrocorax aristotelis desmarestii, the Bearded Vulture, Gypaetus barbatus, the Black Vulture, Aegypius monachus, the Lesser Spotted Eagle, Aquila pomarina, the Imperial Eagle, Aquila heliaca, Long-legged Buzzard, Buteo rufinus, Bonnelli's Eagle, Hieraaetus fasciatus, the Lesser Kestrel, Falco naumanni, Eleonora's Falcon, Falco eleonorae, Lanner Falcon, Falco biarmicus, Kruper's Nuthatch, Sitta krueperi and Cinereous Bunting, Emberiza cineracea. Moreover, certain important wetland sites for migratory birds or sites used by passing migratory species in Greece are either not designated as SPAs or only partially designated.
Commenting on the decision, Environment Commissioner, Margot Wallström, said: "Greece has an important role to play in conserving and protecting Europe's wild birds, especially the more vulnerable species. It is evident that more sites must be properly designated. Wild Birds Directive
The Wild Birds Directive(1) is the EU's oldest piece of nature conservation legislation. It creates a comprehensive scheme of protection for the EU's wild bird species. There are a number of separate but related components to this scheme. One relates to habitat conservation and includes a requirement to designate special protection areas (SPAs) for migratory and other vulnerable wild bird species. SPAs form part of the Natura 2000 network, the EU network of protected sites set up by the EU's Habitats Directive(2), and benefit from several safeguards.
These safeguards give additional protection to the SPAs, as some activities, like construction works etc., may not be carried out inside designated areas. Before any plan or project inside an SPA can go ahead, a prior assessment of its potentially damaging effects must be carried out. The plans and projects may only be approved if they represent an overriding public interest and only if no alternative solution exists. The safeguards also include measures for providing alternative habitats in the event of damage.
Legal Process
Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations. If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.
In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, usually two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice.
Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.
For current statistics on infringements in general see:
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions
(1) Council Directive 79/409/EEC on the conservation of wild birds
(2) Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna