Habitats Directive 92/43 / EEC (amended by Habitats Directive 2006/105 / EC) establishes a coherent European ecological network of dedicated zones, called "Natura 2000" for the conservation or restoration of natural habitat types. Each Member State shall propose a list of sites, indicating which natural habitat types and which local species are found in those sites. The Commission shall draw up a draft list of Sites of Community Importance (SCI).
In 2006 the Commission received complaints from the Federation of Environmental and Ecological Organizations of Cyprus regarding the insufficient protection of the Cyprus water snake and the residential development in the northern part of the Lake Paralimni area.
The Commission initially sent a letter of formal notice to Cyprus and in 2008, with a reasoned opinion, called on Cyprus to take the necessary measures within two months.
In 2009 the area of Lake Sotira-Paralimni was officially included in the national list of TKS, but its northern end was omitted.
The Commission argued in its appeal that the boundaries of the area finally notified to it regarding the determination of the SCI were not sufficient for the protection and conservation of the Cyprus water snake, as they did not include the important zone at the northern end of Lake Sotira-Paralimni. marked as buildable in 2009.
Cyprus does not dispute that the area of Lake Sotira-Paralimni should have been a SCI. However, he argues that the designation of the existing zone as a SCI is sufficient to protect and conserve the species in question.
According to the Court, it is not apparent from the case-file that, at both the letter of formal notice and the reasoned opinion, the parties raised the issue of the delimitation of the Lake Paralimni area, nor that the Commission put forward any argument concerning the north in particular. part of this area. It therefore declares that the action is inadmissible in so far as it refers to the latter issue.
As regards the complaint alleging that the Lake Paralimni area was not included in the national list of SCIs, it is common ground that, before the expiry of the deadline set by the reasoned opinion, it was still not included in that list. The action is well founded in relation to this complaint.
With regard to the Commission's complaint that various activities degrade and destroy this species habitat, the Court recalls that with regard to sites designated as sites of Community importance, Member States are required to take appropriate measures to safeguard the essential ecological interesting. The organization of motorcycle races in the disputed area, which Cyprus claims to have ended after the expiration of the deadline set by the reasoned opinion, constitutes behavior capable of seriously endangering the ecological characteristics of the area. As regards over-pumping of water, it had not yet stopped at the end of the two-month period set out in the reasoned opinion. The activity can have a significant negative impact on the habitat of the water snake of Cyprus and on its conservation, especially during the drought years.
As regards the operation of a shooting range, the Commission 's arguments concerning the residential development of the northern part of the lake were not mentioned either in the letter of formal notice or in its reasoned opinion and are considered inadmissible.
With regard to housing development beyond the northern part of the SCI in question, which results in a reduction in the area of the site, such an argument cannot be considered valid, nor can the relevant argument regarding the tolerance of the projects. excavation. The Commission did not provide sufficient evidence and did not prove the infringement.
On the non-establishment and non-application by the Republic of Cyprus of a strict protection regime for the water snake of Cyprus, the European Court recalls that the Habitats Directive establishes a strict protection regime for animal species, prohibiting any form of intentional capture or killing, harassment of species, in particular during the breeding season, intentional destruction or collection of eggs, and damage or destruction of breeding grounds or resting places. The Member States are obliged to establish a complete legal framework, but also to implement specific and specific protection and preventive measures in this regard, the decision states.
Cyprus admits that, by tolerating the organization of motorcycle races, over-pumping of water and residential development in the area of Lake Paralimni, it has violated the relevant obligation.
Following this, the Court rules that the Republic of Cyprus, by failing to include the Lake Paralimni area in the national list of proposed Sites of Community Importance, tolerates activities that seriously endanger the ecological characteristics of Lake Sotira-Paralimni and does not take measures to protect to preserve the population of the species Natrix natrix cypriaca (water snake of Cyprus), which is the ecological interest of this lake and the Xyliatos dam, and failing to take the necessary measures to establish and implement a strict protection regime for this species , has failed to fulfill its obligations under Council Directive 92/43 / EEC.
Source: Cyprus News Agency
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