Habitats Directive: Commission takes further steps against several Member States

The European Commission has decided to make an application to the Court of Justice against Sweden and the United Kingdom for failure to send to the Commission a complete list of sites of potential importance for the establishment of the EU Habitats Conservation (Natura 2000) Network. The Commission has also decided to send a Reasoned Opinion to Belgium and Luxembourg for failure to properly transpose the Habitats Directive into their national legislation.

The Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna) has as its principal goal the establishment of Natura 2000, an EU-wide network of sites for the conservation of animal and plant species and habitats of European importance. The Directive required Member States to send to the Commission by June 1995 a list of the sites intended as a contribution to the network, together with site information. Member States proposed contributions are intended to be evaluated in the framework of 6 bio-geographical regions (i.e. major geographical areas subject to a particular climatic regime and having characteristic vegetation).

Between 1995 and 1998, Sweden transmitted over 1050 sites together with site information. Most of Sweden lies within the boreal (forest) and alpine bio-geographical regions. Detailed 1999 assessments of Sweden's proposed contribution for these regions concluded that the information for the sites transmitted was not always complete and the coverage of some habitat types and species was insufficient. Sweden's proposed contribution for the Continental bio-geographical region has yet to be similarly assessed, but, on the basis of the deficiencies of its boreal and alpine contributions, the Commission has decided to bring the case before the Court of Justice.

The United Kingdom having sent only a partial national list, the Commission decided to launch an infringement procedure. Although the United Kingdom has communicated additional sites (the total number of sites submitted by this country is now of 340), thr national list of sites has been found insufficient. Furthermore, it also appeared further to the meeting of Member State experts at the Atlantic Biographic seminar held in Kilkee, Ireland in September 1999 that the list of sites proposed by the United Kingdom was insufficient for nearly half the relevant interests (habitat types and species) covered by the Habitats Directive. Hence, the decision to make an application to the Court.

These decisions are a mark of the Commission's determination to ensure that, in terms of preparatory work to establish Natura 2000, the Habitats Directive is fully respected across the EU.

By way of further background to the decisions, the Commission has already lodged applications with the Court of Justice against Germany, France and Ireland for insufficient proposed contributions to the network.

At the same time, the Commission is pleased to note that, over 1998 and 1999, steady progress is continuing to be made in improving the overall level of Member State proposed contributions.

The Commission has also decided to send a Reasoned Opinion to Belgium and Luxembourg because their national transposing legislation does not properly implement the Habitats Directive in several respects, such as, in both cases, the requirements concerning the conservation measures for the future Special Areas of Conservation (SACs) and the extension of some of them to Special Protection Areas for birds, as well as the requirements on fauna and flora protection.

Welcoming the decisions taken, Environment Commissioner Margot Wallstrom said: "The Commission is committed to ensure that all Member States will respect their obligations under the Habitats Directive. This is of the utmost importance for the Community to preserve its biodiversity."