Europese Commissie waarschuwt Griekenland en Hongarije wegens het niet voldoende beschermen van de natuur (en)

The European Commission is taking legal action against Greece and Hungary for failing to implement biodiversity legislation. Greece has already been taken to court over the matter, but is still failing to designate sufficient protected areas for migratory and vulnerable wild birds and is therefore violating the EU's Directive on the conservation of wild birds. In a separate case, Hungary is receiving a first warning about its failure to protect the Sajólád Wood in the east of the country, and for wider problems with the implementation of Natura 2000 in its national legislation.

Written warning for Greece over bird protection

The Commission is sending a first written warning under Article 228 to Greece about its failure to designate a sufficient number of protected areas for wild birds.

The European Court of Justice condemned Greece on 25 October last year for failing to designate enough Special Protection Areas (SPAs, see below) for wild birds. The court listed numerous failings – cases of inadequate designation - and identified twelve species as being in particular need of stronger protection, including the Bearded Vulture (Gypætus barbatus), an endangered species, and the Eastern Imperial Eagle (Aquila heliaca), a species described as threatened. It also criticised the coverage of internationally important wetlands. In the wake of the court ruling, Greece has subsequently added a further 12 SPAs, bringing its national total to 163, and designated sufficient areas for one of the species specifically mentioned by the Court ruling. However, the coverage is still far short of the court's requirements. Some 32 Important Bird Areas (IBAs, see below) are still not covered by SPAs at all, and the coverage of a further 75 IBAs is insufficient and boundaries will need to be redrawn, including for the 11 remaining species.

The Commission is therefore sending Greece a first written warning about the possible consequences of failing to comply with the ruling, which could ultimately involve a financial penalty.

Hungary taken to task

The European Commission is taking legal action against Hungary in relation to a breach of EU nature protection legislation. The case concerns the Sajólád Wood in Eastern Hungary, a protected area of hardwood forest. Sajólád Wood was added to the Natura 2000 network (see below) in 2004, but it is now severely depleted due to illegal logging there. The area was a haven for many protected animals, including the Fritillary butterfly (Euphydryas maturna), one of the most endangered butterfly species in Europe. No appropriate compensatory measures have been taken to offset the effects of the destruction.

In addition, the case addresses the issue that Hungarian legislation transposing the Habitats Directive is incomplete, with notable shortcomings regarding woodlands. Of particular concern are the impact assessments required prior to the approval of new forest management plans.

The Commission is therefore sending a first written warning to Hungary concerning these issues.

Special protection areas

Europe's nature is protected by two key pieces of legislation, the Birds Directive and the Habitats Directive. Under the Birds Directive, Member States are obliged to designate all of the most suitable sites as Special Protection Areas (SPAs) to conserve wild bird species. To assess whether Member States have complied with their obligation to classify SPAs, the Commission uses the best available ornithological information. Where the necessary scientific information is lacking, national inventories of Important Bird Areas (IBAs), compiled by the non-governmental organisation (NGO) Birdlife International, are used. While not legally binding, the IBA inventory is based on internationally recognised scientific criteria. The Court of Justice has already acknowledged its scientific value.

The Habitats Directive requires Member States to designate sites of Community Importance (SCIs) for the conservation of natural habitat types, and to protect various listed species. Together, SPAs and SCIs form the Natura 2000 network of protected areas, which is the EU's most important instrument for conserving natural habitats and the animal and plant species they contain.

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. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

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://ec.europa.eu/community_law/infringements/infringements_en.htm