Brussels, 18/03/2002 (Agence Europe) - On Thursday the European Commission decided to take legal action against France, Italy, Ireland, Germany, Austria, Portugal, Spain and Luxembourg for non-compliance or insufficient compliance with the Wild Birds and Habitats Directives which require Member States to take measures to protect wild birds, animals and plant species and selected habitats types. This included designating bird sites where rare or threatened bird species are to be found (Special Protection Areas or SPAs) and designating natural habitats and SPAs for inclusion in a network of protected sites in the EU called Natura 2000.
The Commission has decided to send two Reasoned Opinions to France - one for inadequate protection of an important bird site at Basses Corbières and the other concerning rare grassland habitats in the Vosges mountains, some areas of which should be proposed for inclusion in the Natura 2000 list. Portugal will be sent a Reasoned Opinion for damage to a bird site at the Ria de Aveiro, an SPA under the Wild Birds Directive, caused by a 4 kilometre long dyke. Italy will be sent a Letter of Formal Notice for failing to amend its legislation concerning wild birds following a decision of the European Court of Justice last year (Case C-1999/159). The Court found against Italy because Italian legislation permits the capture and keeping in captivity of three species of wild bird (passer italiae, passer montanus and sturnus vulgaris). In addition, the Commission has referred Italy to the Court of Justice because Italian legislation to implement the Habitats Directive is narrower in scope than the Directive, unjustifiably reducing the range of potentially damaging projects that require prior assessment and approval where they will impact on Natura 2000 protected sites.
Like Italy, Ireland will be sent a Letter of Formal Notice for failing to adequately comply with a Court of Justice ruling about Ireland failing to send the Commission the complete list of proposed protected sites required under the Habitats Directive by the set deadline. The Commission notes that Ireland has considerably increased its list of sites but there are still significant omissions in terms of raised bogs, salmon rivers and offshore cold-water coral reefs. Spain will be sent a Reasoned Opinion because of an irrigation project that will affect the Villafafila SPA for wild birds. Luxembourg will too, for failing to designate a number of birdsites as SPAs and failing to ensure that designated SPAs benefit from a legal regime that provides adequate protection. The Commission has decided to take Germany and Austria to the Court of Justice . Germany because aspects of German state and federal hunting legislation contravene the Wild Birds Directive by allowing hunting during periods of migration and reproduction; and Austria because a golf course extension has caused damage to habitats of the globally endangered corncrake (Crex crex) in the Enns Valley.