| Belgium. Commission commences legal action against Finland over Nyhamn-Batskär wind farm |
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| Monday, 16 October 2006 | |
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Environmental news: The Commission is starting legal action that could lead to a fine against Finland over its failure to fully implement a 2003 European Court of Justice judgement on the designation of protected areas under the EU Wild Birds Directive. Although Finland has designated a number of new protected areas since the judgement, it has not included an important area in the Åland archipelago, known as Nyhamn-Båtskär. This area is used as a wintering area by the Steller's Eider, a bird species which is under threat worldwide. Special protection areas for birds in Åland The Commission is sending Finland a first written warning to comply fully with a judgment of the European Court of Justice (ECJ) from 2003requiring it to designate special areas for the protection of birds under the Wild Birds Directive. Finland has designated new special protection areas for birds since the ECJ ruling, but these do not include the Nyhamn-Båtskär islands in the Åland archipelago south-west of Finland. These islands are an important wintering area for Steller's Eider, which is under threat worldwide. In the meantime, the authorities have given development consent for construction on the islands of a wind farm, which could pose a potential danger to birds in the area. The Wild Birds Directive, requires Member States to classify their most suitable territories as "special protection areas" (SPAs) for the conservation of certain specified bird species and for any regularly occurring migratory species. Last year, Finland was condemned by the European Court of Justice in a separate case for breaching the Wild Birds directive in the Åland islands. The Court ruled that Finland had not sufficiently explored alternative solutions before authorising spring hunting there. Legal Process Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations. If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months. In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law, and calls upon the Member State to comply within a specified period, usually two months. If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform. Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned. |
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| Last Updated ( Monday, 16 October 2006 ) |
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