Habitats Directive: the Commission challenges inadequate Swedish and French legislation

Brussels, 12 January 2001
The European Commission has decided to make a first application to the European Court of Justice against Sweden and to send a Reasoned Opinion (second warning letter) to France in the second round of legal action for inadequacies in the national legislation to give effect to the European Union's Habitats Directive. Commenting on the decisions, Margot Wallström, Environment Commissioner said: "Correct national legislation is vital for the implementation of the Habitats Directive. I urge France and Sweden to make every effort to bring their national laws into line with what the Directive requires as soon as possible ".

The Community's Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna) is the Community's most important piece of nature conservation legislation, creating a scheme of protection for a range of rare and endangered animals, plants and habitat types. It envisages the creation of a network of protected sites known as Natura 2000, as well as requiring prohibitions on direct threats to certain species (to which exceptions, i.e. derogations, can be made under strict conditions).

In April 2000, the European Court of Justice condemned France for the failure of French legislation to give complete effect to the site protection requirements for Natura 2000 (projects likely to significantly affect such sites are not adequately addressed). The latest decision represents a follow-up to that Court ruling. France has indicated that the necessary legislation will be in place by mid-2001. Given the Directive's deadline of June 1994, the Commission has decided to press ahead with its action.

The decision against Sweden relates to shortcomings of the Swedish legislation concerning the safeguards for Natura 2000 sites as well as the Directive's requirements on prohibitions and derogations. While Sweden appears ready to make changes, these have yet to be adopted and notified.

The Commission's decisions reflect its commitment to ensuring that the conditions for securing the protection of Europe's wildlife and habitats under Community law are fully in place across the Community.