WRITTEN QUESTION E-2925/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(2 October 1998)

Subject: Failure by Greece to implement Council Directive 92/43/EEC (Natura 2000)

The Commission has forwarded a reasoned opinion to the Greek authorities for failure to implement Council Directive 92/43/EEC(1) on the conservation of natural habitats and of wild fauna and flora (Natura 2000). The Greek authorities have proposed a list of 196 conservation areas containing priority natural habitat types and species.

1. Does the Commission know the reasons for the delay by Greece in implementing the directive?

2. Is the obligation to withhold authorisation for projects with an unfavourable environmental impact in the 196 listed areas being respected in practice?

3. If the conservation regulations concerning these 196 areas are infringed, what effective action can be taken by ecological and other organisations or individual citizens in response to this?

Answer given by Mrs Bjerregaard on behalf of the Commission

(23 November 1998)

Under Article 23 of Directive 92/43/EEC, Member States are obliged to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 5 June 1994. In the absence of any notification, within the prescribed period, of the measures necessary to transpose this Directive, Greece was condemned by the Court of Justice(2) for having failed to fulfil its obligations under the Directive. Following this judgment, Greece was required to take the measures necessary to ensure implementation under Article 171 of the EC Treaty. On the basis of this article and in the absence of any notification of measures to implement this judgment of the Court of Justice, the Commission delivered a reasoned opinion to the Greek Government on 25 September 1998. At this stage, the Commission has no information as to the causes for the delay in transposing this Directive in Greece.

While the regulatory and administrative measures necessary for the transposition of Directive 92/43/EEC into Greek law have still to be taken, the Greek authorities have nevertheless submitted to the Commission a national list covering 264 proposed sites for the Natura 2000 network. In particular, this list contains 230 sites of Community importance proposed by Greece in accordance with Article 4 of Directive 92/43/EEC. In addition, the list also contains the 52 sites classified by Greece as special protection areas (SPAs) pursuant to Directive 79/409/EEC on the conservation of wild birds(3). The Commission is currently assessing the proposed sites of Community importance in the context of the Mediterranean biogeographical region.

The obligations incumbent on the Member States as regards the protection of future Natura 2000 sites are set out in Article 6 of Directive 92/43/EEC. More particularly, paragraphs 6.3 and 6.4 stipulate that an appropriate impact assessment study must be carried out in respect of any plan or project likely to have a significant effect on the site in question, while at the same time laying down the relevant authorisation conditions to be met. Under Article 7 of the Directive, these provisions already apply in the case of the SPAs. Furthermore, pending the adoption of the definitive lists of sites of Community importance, Member States are being encouraged to prevent any deterioration in the proposed sites, particularly where those sites host priority natural habitat types or species.

Any citizen or ecological organisation in possession of information proving that there has been any infringement of the provisions of Directive 92/43/EEC can contact the Commission and lodge a complaint on the matter. If, after examining the complaint, the Commission finds that there has been a breach of the Directive, it will initiate infringement proceedings against the Member State concerned under Article 169 of the EC Treaty.

(1) OJ L 206, 22.7.1992, p. 7.

(2) Judgment of 26 June 1997, Case C-329/96, Commission v Hellenic Republic.

(3) OJ L 103, 25.4.1979.