Keywords

Summary



Keywords

1 Actions for failure to fulfil obligations - Examination by the Court of the merits - Situation to be taken into account - Situation at the end of the period laid down in the reasoned opinion

(EC Treaty, Art. 169 (now Art. 226 EC))

2 Environment - Conservation of wild birds - Directive 79/409 - Special conservation measures - Obligations of Member States - Obligation to provide special protection areas with an adequate legal protection regime - Scope

(Council Directive 79/409, Art. 4(1) and (2))

3 Environment - Conservation of wild birds - Directive 79/409 - Special conservation measures - Obligations of Member States - Obligation to take steps to avoid deterioration of habitats - Scope - Covers areas which are, or ought to be, classed as special protection areas - Whether the obligation has been breached - Conditions

(Council Directive 79/409, Art. 4(1), (2) and (4))

4 Environment - Conservation of wild birds - Directive 79/409 - Special conservation measures - Obligations of Member States - Obligation to take steps to avoid pollution or deterioration of habitats - Whether that obligation has been breached - Where part of an area classed as a special protection area has been declassified

(Council Directive 79/409, Art. 4(4))

Summary

1 In an action under Article 169 of the Treaty (now Article 226 EC), the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing at the end of the period laid down in the reasoned opinion.

2 Article 4(1) and (2) of Directive 79/409 on the conservation of wild birds requires the Member States to provide the special protection areas referred to therein with a legal protection regime that is capable, in particular, of ensuring both the survival and reproduction of the bird species listed in Annex I to the Directive and the breeding, moulting and wintering of migratory species which are regular visitors, albeit not listed therein.

Sufficient protection for the purposes of that provision is not ensured by national legislation concerning water which fails to make provision for water management or by agri-environmental measures that are voluntary and purely hortatory in nature in relation to farmers working holdings located in special protection areas.

3 The first sentence of Article 4(4) of the Directive 79/409 on the conservation of wild birds requires Member States to take appropriate steps to avoid, inter alia, deterioration of habitats, not only in areas classed as special protection areas in accordance with Article 4(1), but also in areas which are the most suitable for the conservation of wild birds, even if they have not been classified as special protection areas, provided that they merit such classification. It follows, with regard to the latter areas, that any infringement of the first sentence of Article 4(4) of Directive 79/409 presupposes that the areas in question are among the most suitable territories in number and size for the conservation of protected species, within the meaning of the fourth subparagraph of Article 4(1), and that these areas have suffered deterioration.

Even if it were assumed that Community aid measures for agriculture are disadvantageous to agriculture compatible with the conservation requirements laid down by Directive 79/409, that would not dispense a Member State from its obligations under that Directive, in particular, those under the first sentence of Article 4(4) thereof.

4 For a complaint to be upheld, where it is alleged that Article 4(4) of Directive 79/409 on the conservation of wild birds has been infringed by reason of the declassification, through a reduction in size, of a portion of an area which has been classified as a special protection area, the area in question must have been part of the classified special protection area.