Vogelbescherming: Commissie verlangt dat Frankrijk méér actie onderneemt (en)
The European Commission has sent France a first written warning requesting it to comply with a 2002 ruling of the European Court of Justice that France had not designated enough nature sites for the conservation and protection of wild birds. The EU's Wild Birds Directive requires that Member States designate special protection areas (SPAs) for this purpose. 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. France currently has the smallest network of protected areas in the EU, representing just 2.1% of France's territory. The Commission now asks France to designate further SPAs in order to meet its obligations under EU law.
Commenting on the decision, Environment Commissioner, Margot Wallström, said: "France has an important role to play in conserving and protecting Europe's wild birds. It is a great disappointment, therefore, that its network of SPAs remains the smallest in the EU."
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 under the 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.
On 26 November 2002, the Court of Justice ruled (Case C-202/01) that France's SPA network was inadequate due to an insufficient number of designated sites. Following the judgement, France did designate several additional SPAs. However, the overall network is still seriously inadequate. In terms of surface area, SPAs currently represent 2.1% of France's territory. This is the smallest territorial coverage for any Member State. However, a scientific inventory prepared by the French authorities themselves identifies 8.1% of the French territory as important for wild bird conservation. Consequently, the Commission has asked France to take further measures to comply with the Court's judgement, and fulfil its obligation under EU law.
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