Brussels, 14/09/2000 (Agence Europe) - The European Commission has decided to initiate infringement procedures or continue the legal steps already begun against several Member States that do not respect Community legislation regarding nature conservation. Here, in each of the cases, is the stage of the proceedings and the nature of the infringement committed:
Finland: this Member State will receive a letter of warning (first stage in the proceedings under Article 226 of the Treaty) for not having taken the measures required to protect the peat mires of Kemihaara (North-East of the country), an important ornithological area, home to a large number of vulnerable species of birds, listed in Annex I of Directive 79/409/EEC of the Council concerning the conservation of wild birds. The Commission considers that the requirements applicable to projects or plans that could have a negative effect on important nature conservation sites (Article 6 of Directive 92/43/EEC) have not bee respected in the recent granting of a licence to build a power plant and artificial lake in Vuotos that will drown some 250 square kilometers of mire and forests on the upper banks of the Kemijoi River.
Finland had previously been singled out by the Commission (hauled before the European Court of Justice) for not having designated the mires of Kemihaara as Special Protection Areas (SPA) under Directive 92/43/EEC.
Sweden: this Member State will be taken before the Court of Justice (third stage in the procedure) for not yet having remedied the shortcomings remaining in its legislation intended to transpose the "Wild Birds" Directive. The Commission, notably, castigates this legislation for not ensuring the evaluation of all projects and plans that could have severe negative effects on Special Protection Areas. The new legislative projects that Sweden submitted in 1999 are clearly satisfactory, but the Commission regards as unacceptable that this legislation should only take effect in 2001. Sweden will, moreover, receive a reasoned opinion, as its legislation does not take sufficient account of the European network of natural habitats under the "Habitats" Directive.
Belgium: this Member State will receive two reasoned opinions (second stage in the procedure), the first for non-application in Wallonia of all bans prescribed by the "Wild Bird" Directive, the second for a defect in its national legislation that does not impose the implementation of the protection system required for special protection areas. Belgium will also be hauled before the Court of Justice due to continued defects in the legislation notified to the Commission, regarding both guarantees for habitat conservation and certain prohibitions and exemptions provided for in the "Habitats" Directive;
Luxembourg: it will be taken before the Court of Justice for not have remedied the defects in its legislation transposing into internal law the "Habitats" Directive (shortcomings similar to Belgium's);
Portugal: this Member State will receive a reasoned opinion due to serious defects in the transposition of two directives, notably regarding natural habitats conservation guarantees (infringement similar to that of Sweden).
Directive 79/409/EEC "Wild Birds" aims at ensuring the conservation of natural habitats by ensuring that Member States: designate special protection areas, prohibit direct threats to birds (intentional destruction of nests or eggs) and related activities like the trade in birds; provide frameworks for rules governing hunting practices. Directive 92/43/EEC "Habitats" establishes a similar system of protection in the aim of setting up the European network "Natura 20000" of protected sites encompassing designated special protection areas under the "Wild Birds" directive.