The Commission calls on Cyprus to take measures for the protection and management of Natura 2000 sites within two months, with the possibility of referring the matter to the Court of Justice of the European Union in case of non-compliance.
In particular, under the new set of decisions on infringement procedures for April, the Commission is sending Cyprus three reasoned opinions: on the protection and management of Natura 2000 sites, on the transposition of rules on clean vehicle targets and on the transposition of rules on waste from ships.
The reasoned opinion is the last stage of the infringement procedure before the Commission refers Cyprus to the Court of Justice of the EU. The first stage is the letter of formal notice, after which the affected Member State has two months to comply before the Commission considers sending a reasoned opinion.
By way of example, in the April infringement package the Commission sends a letter of formal notice to Malta in relation to the continued practice of golden passports. It is recalled that Cyprus had received a reasoned opinion on the same practice in June 2021 and that the development of the procedure has been pending since then.
Protection and management of Natura 2000 sites
In the first reasoned opinion on Cyprus, the Commission calls on Cyprus to take measures to protect and manage the sites recognised as part of the Natura 2000 network and to fulfil its obligations under the Habitats Directive (Directive 92/43/EEC).
The Directive requires Member States to designate sites that they themselves have proposed as special areas of conservation and to establish objectives and measures for the conservation or restoration of species and habitats in these sites.
As the Commission notes, Cyprus received a warning letter on this issue in 2021, but to date, conservation targets have not yet been set for three of the 37 special conservation areas concerned, while the targets proposed for the remaining 34 areas do not meet the requirements of the Habitats Directive, as they are either too vague or do not adequately identify the species covered.
Furthermore, Cyprus has not established conservation measures for 33 special conservation areas, while the measures established for four special conservation areas are considered too general to ensure adequate protection of species and habitats.
Cyprus has two months to reply to the reasoned opinion and take the necessary measures, otherwise the Commission may decide to refer the case to the Court of Justice of the European Union.
Transposition of rules on clean vehicles
The second reasoned opinion concerns the obligation for Member States to transpose the rules on clean vehicle targets under Directive (EU) 2019/1161. In addition to Cyprus, a reasoned opinion on this issue was also sent to Bulgaria, Hungary, Sweden and the Czech Republic.
The Directive sets national targets for public procurement of clean vehicles, defining the targets as the minimum percentage of clean vehicles out of the total number of vehicles subject to public procurement in a Member State in the reference periods 2021-2025 and 2026-2030.
The Directive sets national targets for public procurement of clean vehicles, defining the targets as the minimum percentage of clean vehicles out of the total number of vehicles subject to public procurement in a Member State in the reference periods 2021-2025 and 2026-2030.
The Directive sets separate targets for cars and semi-trucks, vans and buses, with a specific sub-target for zero-emission buses. As noted, the Directive gives them full flexibility to decide how to implement it within their territory.
Member States were required to transpose this Directive into national law by 2 August 2021. The five Member States have two months to reply to the reasoned opinion, otherwise the Commission may refer them to the Court of Justice of the European Union.
Transposition of rules on waste from ships
The third reasoned opinion sent to Cyprus concerns the obligation of Member States to transpose into national law rules on waste on board ships, based on Directive (EU) 2019/883. In addition to Cyprus, a reasoned opinion on this issue was also sent to Austria, the Netherlands, Poland and Sweden.
The Directive on port reception facilities aims to prevent marine pollution from ships by ensuring that waste generated on board is not discharged into the sea but collected in ports, which must provide facilities for handling different types of waste so that it can be properly treated.
The provisions cover the adequacy of facilities, the types of waste to be collected, the reception and handling programmes that all ports must have in place, and the obligation to inspect 15 % of ships calling at ports of a Member State.
Member States were required to transpose this Directive into national law by 28 June 2021. The five Member States now have two months to reply to the reasoned opinion, otherwise the Commission may refer them to the Court of Justice of the European Union.
Source: CNA
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