European Parliament
2014-2019
Committee on Petitions
29.9.2015
NOTICE TO MEMBERS
Subject:
1.
Petition 0783/2007 by G.T. (Cypriot), on the protection of the Akamas
peninsula in Cyprus
Summary of petition
The petitioner expresses concern at development projects being considered by the Cypriot
cabinet to be located near the traditional villages of the Akamas peninsula in Cyprus, despite
the fact that it is a habitat for rare species of fauna and flora and is included in the Natura
2000 list. The petitioner indicates that the relevant committee in the Ministry for the
Environment has not been consulted and that the necessary precautionary measures have not
been taken regarding the project as required under the relevant EU directives. He is
accordingly seeking action by the European Parliament.
2.
Admissibility
Declared admissible on 8 January 2008. Information requested from Commission under Rule
192(4).
3.
Commission reply, received on 17 April 2008.
The petitioner is concerned about the protection of the Akamas peninsula in Cyprus, an area
of large biodiversity which has been identified as a candidate Natura 2000 site in the
framework of a LIFE project but which has not yet been designated by the Cypriot
authorities. In particular, the petitioners refer to a recent decision of the Cypriot government
to establish development zones in and around the villages surrounding the Akamas area, and
this, without adequate consultation. Furthermore, the petitioner claims that the Cypriot
authorities are currently considering to propose, for the Natura 2000 network, a much smaller
area than that identified by the LIFE project which would not afford sufficient protection to
the habitats, birds and other species concerned
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According to the Habitats Directive 92/43/EEC1, Member States have to propose Sites of
Community Importance (SCIs) for the European ecological network Natura 2000. These
proposals have to be based exclusively on scientific criteria and are, subsequently, assessed at
the level of the relevant biogeographical zone as regards their sufficiency. The directive does
not provide for consultation on sites proposed for Natura 2000 designation, this being left to
the discretion of Member States.
The last biogeographical seminar for the Mediterranean region revealed significant
insufficiencies in the list of sites proposed by Cyprus for Natura 2000, including in particular
the lack of designation of the Akamas peninsula which is a most important site for
biodiversity in Cyprus. The high conservation value of the area has been demonstrated in the
inventory of candidate Natura 2000 sites carried out under a LIFE-Third Countries project. As
a result the Commission has now requested the Cypriot authorities to fill in the gaps identified
by proposing, inter alia, the Akamas peninsula. In their recent reply the Cypriot authorities
have clearly indicated their intention to include the site in their national list. Once this is done
the Cypriot list will be reassessed as regards its sufficiency.
Furthermore, Akamas has a high ornithological value and has, therefore, also to be classified
as a Special Protection Area (SPA) according to the Wild Birds Directive 79/409/EEC 2. As
Cyprus has failed to classify sufficient SPAs, including the area of Akamas, the Commission
has initiated infringement proceedings against Cyprus. In their reply to a letter of Formal
Notice, the Cypriot authorities informed the Commission that the process for SPA
classification of a number of sites, including Akamas, is underway.
As regards developments that may affect the area, according to ECJ jurisprudence for sites
that ought to be included in a national list of Natura 2000 sites, Member States have to abstain
from any activity that could harm the conservation value of the sites. This also applies to the
case of Akamas. However, it should be noted that designation as a Natura 2000 site does not
mean that development is prohibited: Article 6 of the Habitats Directive provides a framework
for the sustainable management of the sites.
The Commission will continue to monitor closely the efforts of the Cypriot authorities to
properly designate the Akamas peninsula for the Natura 2000 network, both as SCI and SPA,
and to protect it adequately, in the context of the aforementioned procedures.
4.
Further Commission reply, received on 30 January 2009.
The Commission recently stressed again to the Cypriot authorities, by means of a letter and on
the occasion of a visit of its services to Cyprus, the need to properly designate the Akamas
area for the Natura 2000 network, both as a Site of Community Importance under the Habitats
Directive 92/43/EEC3 and as a Special Protection Area under the Birds Directive
1
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora Official Journal L 206 , 22/07/1992 p. 7.
2
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds Official Journal L 103 ,
25/04/1979 p. 1 - 18.
3
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora Official Journal L 206 , 22/07/1992 P. 7.
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79/409/EEC1. The Cypriot authorities recognised this and indicated that they have
concentrated their efforts on the adequate delimitation of the area and on consultations with
the local communities. They are currently finalising their proposal and, once internal
administrative procedures are completed, they promised to submit the designation of the site
to the Commission formally in early 2009.
The Commission will reassess the situation in 2009, once it receives the official designation
of the Akamas area for the Natura 2000 network, with a view to ensuring that the site is
afforded adequate protection under both the Habitats and Birds Directives.
5.
Further Commission reply, received on 20 November 2009.
After a series of contacts, the Cypriot authorities had indicated their intention to designate the
Akamas area for the Natura 2000 network in the first half of 2009. However, to date, no such
designation has taken place.
The Commission will pursue the issue of designation of the Akamas peninsula under the
infringement case it has initiated against Cyprus for insufficient designation of Special
Protection Areas under the Birds Directive 79/409/EEC2 in accordance with Article 226 of the
Treaty. The Commission will also consider taking legal action for non designation of the site
as a Site of Community Importance under the Habitats Directive 92/43/EEC3.
6.
Further Commission reply, received on 2 September 2010.
The Cypriot authorities have, as of 26 March 2010, designated the Akamas Peninsula for the
Natura 2000 network both as a Special Protection Area under the Birds Directive
2009/147/EC4 and as a Site of Community Importance under the Habitats Directive
92/43/EEC5.
Furthermore, the Commission received recently a formal complaint concerning the
insufficient designation of the area pursuant to the aforementioned directives, as well as the
deterioration and lack of effective protection of the area pursuant to Article 6 of the Habitats
Directive.
In that context, the Commission will launch an investigation into the case in order to ensure
compliance with the applicable provisions of EU nature legislation.
7.
Further Commission reply, received on 6 September 2011 (REV IV)
The Commission, following a preliminary investigation on the basis of a formal complaint,
1
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds Official Journal L 103 ,
25/04/1979 P. 0001 - 0018.
2
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds Official Journal L 103 ,
25/04/1979 P. 0001 - 0018.
3
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora Official Journal L 206 , 22/07/1992 P. 7.
4
OJ L 20, 26.1.2010, p. 7.
5
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora Official Journal L 206 , 22/07/1992 P. 7.
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has now addressed a Letter of Formal Notice to Cyprus, on 20th May 2011, under Article 258
of the Treaty on the Functioning of the EU, concerning the insufficient designation of the
Akamas peninsula as a Site of Community Importance for the Natura 2000 network pursuant
to the Habitats Directive 92/43/EEC1. On the basis of the awaited reply of the Cypriot
authorities the Commission will decide on which further steps to take.
8.
Further Commission reply, received on 20 April 2012 (REV V)
The petition initially concerned the non-designation of the Akamas area as a Natura 2000 site
(Site of Community Importance – SCI, under the Habitats directive2). The site now having
been proposed by Cyprus as a SCI, the remaining issue concerns the adequacy of the
designation.
The Cypriot authorities have replied to the Commission's Letter of Formal Notice. In order to
demonstrate that the designation of the site is sufficient and that it covers all habitats and
habitats of species that need to be designated in accordance with the Habitats Directive,
Cyprus is currently in the process of preparing a detailed mapping of the area. This exercise
should be finalised by the end of June 2012 and all the relevant information will then be
communicated to the Commission.
During a meeting that took place in Nicosia on 27 January 2012, the Commission indicated
that, should the NGO's have data to prove that important habitats or habitats of species have
not been designated and are outside of the current proposed SCI boundaries, this data would
need to be made available to the Commission during 2012, to assist in the final evaluation of
the proposed designation.
In order to assess whether the Akamas area has been sufficiently designated as a SCI, the
Commission will wait for the detailed mapping exercise to be finalised by the Cypriot
authorities. Once this information has been received, the Commission will compare it with the
existing scientific data and with all the new evidence that might have been communicated.
9.
Further Commission reply, received on 28 June 2013 (REV VI)
The Commission received the requested additional data (detailed mapping of the area and
extensive scientific information) both from the Cypriot authorities and the Cypriot NGOs.
As on a number of issues the two parties reached opposing scientific conclusions, the
Commission requested that they meet and compare their respective data. This meeting took
place in Cyprus on 28 February 2013.
The Commission is currently assessing the scientific data it has received from the Cypriot
authorities and NGOs in order to determine whether the Akamas area has been sufficiently
1
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora Official Journal L 206 , 22/07/1992 P. 7.
2
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild
fauna and flora OJ L 206, 22.7.1992, p. 7–50.
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designated as a SCI.
10.
Further Commission reply, received on 31 January 2014 (REV VII)
As mentioned in the previous communication, the Commission received the requested
additional data (detailed mapping of the area and extensive scientific information) both from
the Cypriot authorities and the Cypriot NGOs.
Following analysis of this information, the Commission considered that further clarifications
and scientific information from the Cypriot authorities were needed. This information has
been recently communicated to the Commission.
Conclusions
The Commission is currently assessing the new scientific data it has received from the
Cypriot authorities in order to determine whether the Akamas area has been sufficiently
designated as a special area of conservation (SAC).
11.
Further Commission reply, received on 27 June 2014 (REV VIII)
On the basis of the additional data (detailed mapping of the area and extensive scientific
information) that it received from the Cypriot authorities and NGOs, the Commission decided
to further raise the matter with both parties on the occasion of a package meeting1 that took
place on 25 February 2014 in Nicosia.
In the light of that the Commission has communicated to the Cypriot authorities a list of
specific technical questions which could be discussed in the frame of a bilateral meeting with
NGOs.
The Commission is also aware that a management plan for the Akamas area is under
preparation and has requested to be kept informed of its progress.
Conclusions
The Commission will await the replies to its specific questions and the results of a potential
bilateral meeting between the Cypriot authorities and the Cypriot NGOs. In the meantime the
Commission will further stress the need to establish a comprehensive Management Plan for
the wider area of Akamas so as to set clear rules and obligations that would allow for an
effective protection of the area.
12.
Further Commission reply, received on 31 October 2014 (REV IX)
Following the sending of a list of technical questions from the Commission to the Cypriot
authorities, a meeting was organized between these authorities and the concerned NGOs.
On the basis of the conclusions of this meeting further technical points were identified by the
Commission. The Commission therefore communicated a second list of specific technical
questions which could be discussed in the frame of a second bilateral meeting with the NGOs.
1
Meeting on implementation of EU legislation in Member States
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The Commission is also aware that a management plan for the Akamas area is under
preparation and has requested to be kept informed of its progress.
Conclusions
The Commission will await the replies to its specific questions and the results of a potential
second bilateral meeting between the Cypriot authorities and the Cypriot NGOs. In the
meantime, the Commission will further stress the need to establish a comprehensive
Management Plan for the wider area of Akamas so as to set clear rules and obligations that
would allow for an effective protection of the area.
13.
Further Commission reply, received on 29 September 2015 (REV X)
Further to a request from the Commission the Cypriot authorities have informed it that
consultations on the Management Plan for the site of Akamas are still ongoing.
As regards the second bilateral meeting (to be organized between the Cypriot authorities and
NGOs with the aim to discuss the specific technical questions that had been submitted by the
Commission) the meeting was initially scheduled for 27 April 2015. As the Commission was
not informed of the outcome of the meeting, it has already contacted the Cypriot authorities
and is awaiting a reply on the matter.
In the meantime, the Commission has further stressed the need to establish a comprehensive
Management Plan for the wider area of Akamas so as to set clear rules and obligations that
would allow for an effective protection of the area. Such rules could not only cover the areas
of Akamas which have been designated as a Natura 2000 site but also the undesignated parts
of the region.
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