Under the EU Birds and Habitats Directives, any project that may have a significant
negative effect on sites that are part of the Natura 2000 network of protected areas
should undergo a prior assessment before work begins. In parallel, the Environmental
Impact Assessment Directive aims to ensure that any project likely to have a significant
effect on the environment is adequately assessed before being approved.
The Commission had previously opened a case against Bulgaria as insufficient territories in
Kaliakra – an important area for birds – were designated as Special Protection Areas (SPA)
under the Birds Directive. The present (related but separate) concern is that Bulgaria has
authorised a high number of economic activities in the Kaliakra area without appropriate
environmental impact assessment, and is continuing to do so. Thousands of wind turbines
and some 500 other projects have been authorised without adequate assessments of their
effect on Kaliakra's unique habitats and species, and on the thousands of birds and bats
that fly over the site each year on their way to and from Africa. No account is being taken
of the cumulative effect of the projects, which is also a requirement under the Birds,
Habitats and Environmental Impact Assessment Directives.
In December 2008 and September 2011 the Commission sent Bulgaria letters of formal
notice concerning the poor application of the relevant EU Directives. While Bulgaria has
been in regular contact with the Commission and has supplied information to allow further
analysis, it remains in breach of the three Directives. A reasoned opinion has therefore
been sent. Bulgaria has two months to respond.
Background
The Birds Directive, the EU’s oldest piece of nature legislation, creates a comprehensive
scheme of protection for all wild bird species naturally occurring in the Union. The 1992
Habitats Directive forms a cornerstone of Europe's nature conservation policy, protecting
over 1000 animals and plant species and over 200 "habitat types" such as special types of
forests, meadows, and wetlands, which are of European importance. The areas protected
by the Directives make up Natura 2000, the EU-wide network of protected natural areas.
Each EU Member State has designated Natura 2000 sites with the aim of assuring the
long-term survival of Europe's most valuable and threatened species and habitats The
Natura 2000 network is comprised of Special Areas of Conservation (SAC) designated by
Member States under the Habitats Directive, and Special Protection Areas (SPAs) under
the Birds Directive. Natura 2000 is not a system of strict nature reserves where all human
activities are excluded: most of the land is privately owned and the emphasis is on
ensuring that management is ecologically and economically sustainable.
The aim of the Environmental Impact Assessment Directive is to ensure that projects
which are likely to have a significant effect on the environment are adequately assessed
before they are approved. Hence, before any decision is taken to allow such a project to
proceed, possible impacts on the environment are identified and assessed. Developers can
then adjust projects to minimise negative impacts before they actually occur, or the
competent authorities can incorporate mitigation measures into the project approval.
Further information about current statistics on infringements in general:
[url">http://ec.europa.eu/community_law/infringements/infringements_en.htm
Commission urges Bulgaria to comply with EU nature protection laws (Kaliakra case)
