Η Directive 92/43/EEC on the protection of Europe's biodiversity (Natura 2000)1 (hereafter: the Habitats Directive) aims to contribute to the protection of biological diversity through the conservation of natural habitats and wild flora and fauna in the territory of the Member States. Under this Directive, the Commission, by Decision 2006/613/EU of 19 July 2006 approved theThe list of 239 Sites of Community Importance (TCA) in the Mediterranean geographical area.
In 2012 and 2013, the Commission asked Greece for information on the measures taken to comply with the Habitats Directive, such as the designation of Special Areas of Conservation (SACs) corresponding to HCVs. In its 2012 replies, Greece indicated, inter alia, that it had designated SACs for the HCVs in question by Law 3937/20112, while in 2013, it argued that the process of setting conservation objectives and conservation priorities for the contested TPAs was still pending due to very lengthy national procedures.
In February 2015, considering that these clarifications were insufficient, the Commission sent warning letter in Greece, which replied that, although some measures were already in place, the preparation of conservation measures would be carried out under a national management programme entitled «Transport Infrastructure, Environment and Sustainable Development 2014-2020»3.
In February 2016, the Commission sent Greece reasoned opinion and additional in March 2018, arguing that Greece had not defined conservation priorities, conservation objectives and necessary conservation measures to meet the ecological requirements of the Habitats Directive. In May 2018, the Greek authorities indicated that the process of defining conservation objectives and conservation priorities was still pending.
Following the above, in November 2019, the Commission brought an infringement action against Greece before the CJEU.
In today's judgment, the CJEU finds, first, that Greece has infringed Article 4(4) of the Habitats Directive, by failing to establish conservation objectives for the EEZs in its territory as soon as possible and, at the latest, within six years of the date of adoption of Decision 2006/613.
As regards the objectives set, according to Greece, for the EEZs covered by the two national parks of «Schinias-Marathon» and «Koronia-Volvi», the CJEU finds that these objectives do not relate to specifically designated SPAs and do not take into account the characteristics of interest of the zones concerned. Objectives such as «conservation of the Schinias wetland» and «conservation of the ecosystems of the area» are too general and vague to be considered as «conservation objectives» within the meaning of the Habitats Directive4.
Regarding the organisational difficulties invoked by Greece, according to the established case law of the CJEU, Member States may not rely on provisions, practices or situations in their internal legal order to justify not implementing a directive within the prescribed period.
Second, the CJEU stresses that Greece has infringed Article 6(1) of the Habitats Directive.
In relation to legislation which, according to Greece, established conservation measures for approximately 18.5 % of the total area of the disputed TKCs, the CJEU observes that 81,5 % of the EEZs corresponding to the contested TCIs were not covered by any conservation measure and that the regulatory framework is general and prescriptive in nature and requires specific measures for its effective implementation.
Regarding Law 4685/20205, the CJEU finds that this legislation was adopted on 7 May 2020, i.e. after the expiry of the two-month deadline set by the Commission in its reasoned opinion of February 2016, and therefore cannot be taken into account.
In conclusion, the CJEU considers that Greece has failed to fulfil its obligations under the directive for habitats, by failing to take all necessary measures within the prescribed period to establish appropriate conservation objectives and appropriate conservation measures for the 239 TSEs, which are located in Greek territory and are included in the abovementioned Commission Decision. Orders Greece to pay the costs.
See in detail the decision in the case C-849/19, Commission v Greece.
- 1.Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).
- 2.Law 3937/2011 on the conservation of biodiversity and other provisions (Government Gazette A’ 60/31-3-2011).
- 3.It included the action «Completion of the national system of protected areas and management structures for Natura 2000 sites», which aimed to complete the planning for the protection and management of Natura 2000 sites.
- 4.Greek legislation does not provide for conservation objectives for the natural habitats «Dunes with Pinus pinea and/or Pinus pinaster forests» as well as «Southern riparian forests - forests and hills (Nerio-Tamaricetea and Securinegion tinctoriae)» and the species «Spermophilus citellus».
- 5.Law 4685/2020 Modernization of environmental legislation, incorporation into Greek legislation of Directives 2018/844 and 2019/692 of the European Parliament and of the Council and other provisions (Government Gazette A’ 92/07-05-2020).
