EUROPEAN PARLIAMENT
2009 - 2014
Committee on Petitions
20.11.2009
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
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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
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.
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
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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/EEC1 and as a Special Protection Area under the Birds Directive
79/409/EEC2. 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/EEC3 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/EEC4.
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. 0001 - 0018
3
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
4
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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