Fuente: © European Union
http://europa.eu.int

EU: Environment: Commission issues stern warnings to Portugal and Spain over nature protection shortcomings

/noticias.info/ The European Commission is sending letters of formal notice to Portugal and Spain for failing to take sufficient measures to protect nature. The Portuguese case concerns authorisations for planned tourist complexes in protected areas in Grândola and Alcácer do Sal, south of Lisbon. The Spanish case concerns a failure to comply with a ruling by the European Court of Justice requiring Spain to designate sufficient protected areas for the conservation and protection of wild birds in a number of regions around the country.

EU Environment Commissioner Stavros Dimas said: "Europe depends on its biodiversity for innumerable ecological services, from water and air purification to forestry resources. That biodiversity is under threat, and it is vital that we protect it. Spain and Portugal must comply with Europe's nature legislation and maintain the integrity of the Natura 2000 network. This is critical if the EU is to meet its target of halting the loss of biodiversity by 2010."

The case against Spain

The Commission is sending a first written warning to Spain over its failure to comply with a Court judgment from last year which found that the country had failed to classify an adequate number and size of areas as Special Protected Areas for birds. The Commission has learnt that, while the situation has improved in the Canary Islands and Castilla-La Mancha, the ruling has still not been complied with in the regions of Andalusia, the Balearics, Catalonia, Galicia and Valencia. The warnings remind Spain of its obligation to designate such areas for nature protection.

First written warning for Portugal

A first written warning has been sent to Portugal for separate instances in which the environmental impact assessments that it has carried out for infrastructure projects have been seriously flawed.

The case concerns fast-tracked authorisations for tourist developments – Costa Terra, Herdade do Pinheirinho and Herdade de Comporta – in the SCI 'Comporta/Galé', in the region of Grândola and Alcácer do Sal, south of Lisbon. The developments cover almost 1200 hectares, including six golf courses, 21 villages of apartments, 660 tourist villas and 21 hotels, making a total of more than 16 000 beds. The Commission has concluded that while impact assessments were carried out for the developments, the assessments were not appropriate since they failed to take account of negative impacts on priority habitats and species in the SCI, they did not examine the cumulative impacts of the different projects or cumulative impacts with other projects planned for the same site, and they did not adequately analyse alternative solutions.

Special protection areas and sites of community importance

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) for the conservation of wild bird species. The designation of SPAs must be based on objective, verifiable scientific criteria.

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 notas_de_prensa_archivo