EN Official Journal of the European Union C 51/20

Action brought on 15 December 2009 — European Commission v Romania

(Case C-522/09)

2010/C 51/31

Language of the case: Romanian

Parties

Applicant: European Commission (represented by: D. Recchia and L. Bouyon, Agents)

Defendant: Romania

Form of order sought

— Declare that, by failing to designate to a sufficient degree, either in number or in size, as special protection areas the most suitable territories for the protection of the bird species listed in Annex I to Directive 79/409/EEC (1) and migratory species returning to its territory, Romania has failed to fulfil its obligations under Article 4(1) and (2) of the directive.

— order Romania to pay the costs.

Pleas in law and main arguments

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, as amended, regulates the conservation of all species of wild birds occurring naturally occurring in the European territory of the Member States. The obligations under the directive have been applicable in Romania since the date of its accession (1 January 2007). Romania is therefore required, pursuant to Article 4(1) and (2) of the directive, to complete the designation of special protection areas within its territory.

Following its examination of the special protection areas designated by the Romanian authorities, the Commission reached the conclusion that Romania’s designation of the most suitable territories as special protection areas was insufficient in both number and size.

In the present case, the areas designated by Romania as special protection areas were examined by reference to the Inventory of Important Bird Areas drawn up by BirdLife International and a similar survey carried out by the Societatea Ornitologică Română. The procedure for designating important bird areas in Romania ended in 2007 and concluded with the designation of 130 such areas.

Out of a total of 130 important bird areas, covering an area of 4 157 500 hectares, the Romanian authorities designated only 108 areas as special protection areas, covering an area of 2 998 700 hectares, only 38 of which were designated in their entirety as special protection areas.

Moreover, 21 important bird areas, covering an area of 341 013 hectares, have yet to be designated as special protection areas in Romania and the area covered by 71 designated special protection areas differs significantly from the area covered by bird protection areas.

In addition to the matters set out above, even though 71 important bird areas have not been registered in their entirety as special protection areas and 21 important bird areas were not included in the designation procedure, the Romanian authorities have failed to provide any inventory or any indication of the scientific methodology used which might justify such discrepancies between important bird areas and designated special protection areas.

As a result of that failure properly to designate and the partial designation of the relevant important bird areas, there are no measures for the protection of the species referred to in Annex I to Directive 79/409/EEC or migratory species and, accordingly, there is infringement of Article 4(1) and (2) of the directive.

The Commission is therefore of the view that, as a result of the failure to designate special protection areas in sufficient number and size, Romania has failed to fulfil its obligations under Article 4(1) and (2) of Directive 79/409/EEC.

(1) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1).