WRITTEN QUESTION E-2782/96 by Mihail Papayannakis (GUE/NGL) to the Commission (21 October 1996)

Subject: Implementation of directive on the conservation of natural habitats

Despite the unequivocal terms of Directive 92/43/EEC ((OJ L 206, 22.7.1992, p. 7.)) on the conservation of natural habitats and the expiry of the deadline it sets for the Member States to harmonize their national legislation, many Member States have not even communicated their national implementing measures. Neither have they fulfilled their obligation under Article 4 of the Directive to forward to the Commission by June 1995 a list of the sites to form part of the European ecological network, Natura 2000.

If the Member States fail to fulfil their obligations under Directive 92/43/EEC satisfactorily, they will jeopardize the creation of Natura 2000. In view of that fact:

1. how will the Commission compel the Member States to find an overall solution to the poor level of implementation of the Directive and ensure sustainable environmental protection?

2. what checks does the Commission carry out to ensure that national measures comply with Community environment directives?

3. what 'special measures' has Greece taken to date to designate wetland habitats and lay down effective measures to protect them; what sites has it announced will form part of the Natura 2000 network?

4. what stage has been reached in the Commission's proceedings against individual Member States for failure to comply with Directive 92/43/EEC?, and

5. Does the Commission intend to invoke Article 171 of the Treaty on European Union?

Answer given by Mrs Bjerregaard on behalf of the Commission (12 December 1996)

1. The Commission has already made use of its powers under Article 169 of the EC Treaty to take legal action against those Member States which it considers have not properly implemented Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna. It will continue to use these powers where necessary.

2. The Commission seeks to ensure that communicated national legislation to implement Directive 92/43/EEC completely and correctly transposes the provisions of the Directive.

3. On 12 August 1996, Greece communicated to the Commission a national list of 164 sites which it proposes to include within Natura 2000 pursuant to Directive 92/43/EEC. This list includes wetlands. Their Community importance will be assessed acording to the criteria of Annex III, stage 2, notably their ecological value for the Mediterranean biographical region.

4. In respect of the failure to communicate proper national legislation for Directive 92/43/EEC, the Commission has decided to apply to the Court of justice in the case of Germany, Greece, France, Italy and Portugal. It has notified a letter of formal notice to Finland. In respect of the failure to transmit a complete national list of sites under the Directive, the Commission has notified letters of formal notice to seven Member States which have not to date transmitted a list covering all of their territory (Germany, Spain, France, Ireland, Luxembourg, Netherlands and Portugal).

5. If it proves necessary, the Commission is prepared to invoke Article 171 of the EC Treaty. This article requires Member States to take the necessary measures to comply with judgements of the Court of justice. If a Member State does not take such measures, the Commission, after issuing a reasoned opinion, can bring the case before the Court of justice again, specifying the penalty which it considers should be paid by the Member State.