The Republic of Cyprus is facing serious violations of the European Union's environmental acquis. according to today's report of the newspaper Phileleftheros. Two of the current procedures concern the insufficient designation of Natura 2000 Network sites and the poor submission of projects and plans without proper environmental impact assessment. At the same time, two other cases of project approval with serious, negative and irreversible effects in areas of the Natura 2000 Network are under investigation, without sufficient documentation of overriding reasons of overriding public interest. These projects concern the construction of Makronisos Marina in Ayia Napa and the new Paphos - Polis Chrysochous highway.
In particular, on 17/5/2018, the Commission sent a warning letter to the Authorities of the Republic of Cyprus requesting the completion of the procedure for determining the areas of the Natura 2000 Network, after finding that adequate protection of both land and sea has not been ensured. defined and integrated into the Natura 2000 Network.
Under European environmental law (Directive 92/43 / EEC on habitats and Directive 2009/147 / EC on birds), Member States have agreed to contribute to the establishment of a coherent European Natura 2000 Network, defining the most appropriate areas. at the national level as Special Protection Areas ("ZEP" according to the directive on birds), and by proposing to the Commission sufficient Areas of Community Importance (TCS) in accordance with the directive on habitats). According to the Commission, Cyprus has not submitted an exhaustive list of TKS, and the proposed TKS does not adequately cover the various types of natural habitats and the various species of wild flora and fauna that need protection. In addition, Cyprus has not set a sufficient number of offshore SPAs for migratory wild birds.
The Natura 2000 Network is a broad and cohesive network of protection areas for natural habitat types and wild flora and fauna species found in the 28 EU Member States. It is the cornerstone of EU biodiversity protection and has aims to preserve vulnerable habitats and endangered species throughout their natural habitat in Europe.
The criteria for selecting the areas to be designated as TCS for natural habitats and wild fauna and flora, as well as SPAs for wild birds, relate exclusively to the purpose of conserving nature and biodiversity. Therefore, no consideration is given to other reasons other than those related to the favorable state of conservation of natural habitats and wild flora and fauna species, when selecting and demarcating areas to be proposed to the European Commission and incorporated into the Natura Network. 2000.
Warning letter
On 27/11/2019, the Commission also sent a warning letter to the authorities of the Republic of Cyprus, in which it points out that our country in a generalized and systematic way, from the date of its accession to the EU, does not ensure that various projects and plans with potentially important and adverse effects are properly, adequately and timely submitted to an appropriate (appropriate) assessment of their impact on the environment of the Natura 2000 Network Areas, while at the same time the competent Authorities have approved dozens of such projects and projects without It has been ascertained that it will not adversely affect the integrity of the relevant areas of the network Natura 2000.
According to the Commission, the purpose of the Habitats Directive is to help preserve biodiversity through the conservation of natural habitats and wild fauna and flora in the European territory of the Member States to which the Treaty on the Functioning of the European Union applies.
According to the directive, plans and projects that are not directly related to the management of a Natura 2000 area or are not necessary for that management must be properly assessed for the effects they bring (both individually and in combination with other plans. or projects) in each region, unless the Member States are, of course, after examining the project, that this will not have a significant impact on the Natura 2000 Network area. The competent national authorities shall approve such plans and projects only if they find that that's all will not adversely affect the integrity of the site.
According to the Commission's warning letter, the cumulative and cumulative effects on dozens of projects and plans have not been assessed in the last decade and therefore Article 6 (3) of Directive 92/43 / EEC on habitats has not been implemented.
The infringement process involves a large number of projects and projects, which are not directly related and are not necessary for the management of Natura 2000 Network areas, but may significantly affect these areas, directly or jointly with other projects and plans, and were not properly assessed for environmental impact, taking into account the conservation objectives of the Natura 2000 Network areas.
Referring to the facts, the Commission points out that it has received numerous complaints since 2010, which show serious weaknesses in the application of Article 6 (3) of Directive 92/43 / EEC by the Cypriot Authorities. These complaints highlighted the adverse effects that some projects will have on areas designated under Directive 92/43 / EEC for habitats as TCS and under Directive 2009/147 / EC on birds as SPAs.
Based on the projects and plans mentioned in the warning letter, the Commission also notes some significant misinterpretations by the competent authorities of the Republic of Cyprus of some basic concepts related to Article 6 (3) of Directive 92/43 / EEC on habitats. In particular, the Commission notes that many examples show that the measures to mitigate the effects are not being properly considered. In addition, in many cases, the Cypriot authorities have given a positive opinion on a project without proper assessment, stating that the project can only be licensed if the specified mitigation measures and the proposed monitoring program are implemented.
Poor application of habitats for habitats
Apart from the two current infringement procedures concerning the insufficient determination of the areas of the Natura 2000 Network in Cyprus and on the other hand the non-submission of projects and plans in an appropriate environmental impact assessment, the Republic of Cyprus is now facing two more serious cases of possible infringement. EU law on the protection of nature and biodiversity.
These two cases concern the misconduct of Article 6 (4) of Directive 92/43 / EEC on habitats and present the same serious, timeless and repetitive errors on the part of the competent authorities of the Republic of Cyprus. Observed shortcomings include inadequate proper assessment of effects, mitigation measures and compensatory measures, inadequate examination of alternatives and insufficient justification of imperative reasons of superior public interest for the approximate long-term and inadmissible effects of two projects, although the serious ones are recognized. brings about the construction and operation of the Natura 2000 Networks within areas.
They are asking for explanations for the Marquinhos marina in Ayia Napa
The Commission, which expects explanations from the Republic of Cyprus, identifies a series of serious mistakes and omissions in the process of environmental assessment and approval of the Makronisos marina in Ayia Napa, within the area of the Natura 2000 ZEP Agia Thekla-Liopetri Network.
After examining all the information provided by the Cypriot authorities and the on-site visit made by representatives of the Commission to the Agia Thekla-Liopetri ZEP, it seems that the concerns expressed regarding the correctness of the proper operation of the appraisal procedure are confirmed. of the marina and especially the poor application of Article 6 (4) of Directive 92/43 / EEC on habitats.
According to Article 6 (4) of Directive 92/43 / EEC, the invocation of such grounds must be sufficiently justified. However, the additional information provided by the Cypriot authorities to the Commission is not based on any sufficient justification. In fact, the information provided by the Cypriot authorities shows the opposite, as the construction of marinas is linked to the development of maritime tourism and not to national security and public health.
In addition, the expected social and economic benefits that are expected to arise from the creation of new jobs and increased revenue to the state are generally and indefinitely, while they could be projected for any development project of maritime tourism, which does not concern more important public reasons. interest. At the same time, no evidence has been presented that the superior reasons for a significant public interest can offset the impact of the particular ecological value and the conservation goals of the region.
The authorities of the Republic of Cyprus are in contact with the Commission, but have not yet sent an official response to this letter, as the compensatory measures and rehabilitation measures are being studied in cooperation with the Hunting and Fauna Service, as the competent authority for bird management. .
The Commission requests explanations for the justification provided by the Authorities of the Republic of Cyprus for the approval of the new Paphos - Polis Chrysochous highway based on "imperative reasons of superior public interest".
The commission said in a statement that the Cypriot authorities cited social, economic and public security reasons, including the need to complete a network of highways in Cyprus, offering better access to some remote settlements in view of future reunification of Cyprus, and the need for improvement. road safety, which is seriously compromised by the current road.
According to the Commission, the arguments submitted for the approval of the project for "urgent reasons of superior public interest", despite the effects in the ZEP area of the Ezusa Valley, are insufficiently developed and unjustified.
According to the Commission, improved access to remote and isolated areas does not necessarily justify the construction of a motorway, and claims about the importance of the project in view of the future reunification of Cyprus are weak. Similarly, the allegations that a motorway is necessary to reduce road accidents on the existing Paphos - Poleos Chrysochous road are not sufficiently substantiated and are not strong enough to justify "overriding reasons of overriding public safety". Furthermore, it is not established how the competent authority weighed the "overriding reasons of overriding public interest" which it put forward for the project in relation to the conservation objectives of the Ezusa Valley SPA protected area, so that these reasons could compensate for the environmental damage.
According to the Commission, the paper lists the alternatives considered: zero selection, upgrading the existing road and three different routes, including the one finally selected. The Commission calls on the Republic of Cyprus to respond within two months, as it may initiate a new procedure for violating Community directives for the protection of nature and biodiversity.
Poor application of habitats for habitats
Apart from the two current infringement procedures concerning the insufficient determination of the areas of the Natura 2000 Network in Cyprus and on the other hand the non-submission of projects and plans in an appropriate environmental impact assessment, the Republic of Cyprus is now facing two more serious cases of possible infringement. EU law on the protection of nature and biodiversity. These two cases concern the misconduct of Article 6 (4) of Directive 92/43 / EEC on habitats and present the same serious, timeless and repetitive errors on the part of the competent authorities of the Republic of Cyprus.
Observed shortcomings include inadequate proper assessment of effects, mitigation measures and compensatory measures, inadequate examination of alternatives and insufficient justification of imperative reasons of superior public interest for the approximate long-term and inadmissible effects of two projects, although the serious ones are recognized. brings about the construction and operation of the Natura 2000 Networks within areas.
Source: Liberal