Luxembourg, 31/01/2002 (Agence Europe) - The European Court of Justice has condemned Greece for not having taken effective protection measures to protect the large sea turtle caretta caretta on the island of Zakynos. The sixth chamber, over which Fidelma Macken presided, considers that Greece has not adopted a legal framework to protect the caretta caretta turtle against all intentional disruption during the reproductive period or against the destruction of their places of reproduction.
The circulation of motorcycles on the sand beaches east of Laganas and the presence of pedalos and small boats in the maritime area of Leganas and Daphni are acts of intentional disturbance for the turtles by virtue of the European directive on the conservation of natural habitats, the Court explains, adding: there is no doubt that the presence of constructions on the beaches of reproduction like that of Daphni is of a nature to lead to the destruction or deterioration of the reproduction site by virtue of the same directive. …/..
For the first time, the European Commission accused a Member State of endangering the existence of an animal species.
Greece has been found guilty of failing to act as it should have done prior to June 1999 (Ed.: date of the Commission's reasoned opinion to Greece, later facts no longer being judged by the Court). During the hearing, the Commission explained that, after this date, the situation had hardly improved. The report from the two NGOs, Archelon and WWF Greece, dated 8 July 2001, still spoke of unlawful constructions, parasols and sunbeds on the beaches, camping and illegal waste, as well as the presence of horses and motorbikes on the nesting sites (see EUROPE of 13 October 2001, p.15).
In this affair, the Commission had successfully requested that Greece should set up an effective system for protecting the turtles, and that, if it failed to do so, a penalty would be imposed (Ed.: hitherto the Court's condemnation only noted the fact that a Member States was in breach of Community legislation). The Commission also reproached Greece for not having adopted a multiannual plan allowing it to manage the EUR 700,000 granted in the context of the EU Life programme.