Avis juridique important

|62001J0202

Judgment of the Court (Sixth Chamber) of 26 November 2002. - Commission of the European Communities v French Republic. - Failure by a Member State to fulfil its obligations - Directive 79/409/EEC - Conservation of wild birds - Classification as special protection areas - Plaine des Maures. - Case C-202/01.

European Court reports 2002 Page I-11019

Parties
Grounds
Decision on costs
Operative part

Parties

In Case C-202/01,

Commission of the European Communities, represented by G. Valero Jordana and J. Adda, acting as Agents, with an address for service in Luxembourg,

applicant,

v

French Republic, represented by G. de Bergues and D. Colas, acting as Agents, with an address for service in Luxembourg,

defendant,

APPLICATION for a declaration that, by failing in sufficient measure to classify as special protection areas the territories most suitable for the conservation of the species of wild bird referred to in Annex I to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1), as amended by Commission Directive 97/49/EC of 29 July 1997 (OJ 1997 L 223, p. 9), and of migratory species, and, in particular, by failing to classify a sufficiently large area of land on the Plaine des Maures (France) as a special protection area, the French Republic has failed to comply with its obligations under the Directive and has failed to fulfil its obligations under the EC Treaty,

THE COURT

(Sixth Chamber),

composed of: J.-P. Puissochet, President of the Chamber, C. Gulmann (Rapporteur), F. Macken, N. Colneric and J.N. Cunha Rodrigues, Judges,

Advocate General: S. Alber,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 27 June 2002,

gives the following

Judgment

Grounds

1 By application lodged at the Court Registry on 16 May 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing in sufficient measure to classify as special protection areas (hereinafter `SPAs') the territories most suitable for the conservation of the species of wild bird referred to in Annex I to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1), as amended by Commission Directive 97/49/EC of 29 July 1997 (OJ 1997 L 223, p. 9, hereinafter `the Directive'), and of migratory species, and, in particular, by failing to classify a sufficiently large area of land on the Plaine des Maures (France) as a special protection area, the French Republic has failed to comply with its obligations under the Directive and has failed to fulfil its obligations under the EC Treaty.

Legal framework

2 Article 4(1), (2) and (4) of the Directive provides:

`1. The species mentioned in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution.

In this connection, account shall be taken of:

(a) species in danger of extinction,

(b) species vulnerable to specific changes in their habitat,

(c) species considered rare because of small populations or restricted local distribution,

(d) other species requiring particular attention for reasons of the specific nature of their habitat.

Trends and variations in population levels shall be taken into account as a background for evaluations.

Member States shall classify in particular the most suitable territories in number and size as special protection areas for the conservation of these species, taking into account their protection requirements in the geographical sea and land area where this directive applies.

2. Member States shall take similar measures for regularly occurring migratory species not listed in Annex I, bearing in mind their need for protection in the geographical sea and land area where this directive applies, as regards their breeding, moulting and wintering areas and staging posts along their migration routes. To this end, Member States shall pay particular attention to the protection of wetlands and particularly to wetlands of international importance.

...

4. In respect of the protection areas referred to in paragraphs 1 and 2 above, Member States shall take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds, in so far as these would be significant having regard to the objectives of this article. Outside these protection areas, Member States shall also strive to avoid pollution or deterioration of habitats.'

Pre-litigation procedure

Procedure relating to the alleged inadequacy of territories classified as SPAs

3 By letter of formal notice sent on 23 April 1998 to the French Government, the Commission set out a complaint concerning the incorrect implementation of Article 4 of the Directive. In that letter, the Commission claimed that the French authorities had not classified territories as SPAs in sufficient measure, in terms of either number or size, and that the classified areas were not sufficiently varied and representative to offer protection to all the species of wild bird listed in Annex I to the Directive and to migratory species not listed in the Annex. In that letter, the Commission also maintained that protection of the territories classified as SPAs was in many cases not ensured.

4 The French Government replied to the letter of formal notice by letter of 13 November 1998. In several letters sent between November 1998 and 25 February 2000, the Government informed the Commission of the designation of eight new SPAs. It also notified a circular of 29 July 1999 from the ministre de l'Aménagement du territoire et de l'Environnement (Minister for Regional Planning and the Environment) to departmental prefects, which stated that the French Republic had undertaken to designate additional SPAs.

5 By letter of 4 April 2000, the Commission issued a reasoned opinion in which it stated that, by failing in sufficient measure to classify as SPAs the territories most suitable for the conservation of the species of wild bird referred to in Annex I to the Directive, and of migratory species, the French Republic had failed to comply with its obligations under the Directive. The Commission requested the Member State to take the measures necessary to comply with the reasoned opinion within two months of its notification and to inform it of them.

6 On 23 June 2000, the French Government replied to the reasoned opinion.

The procedure relating to the alleged failure to classify the Plaine des Maures as an SPA

7 On 22 June 1994, the Commission sent a letter of formal notice to the French Government alleging failure to comply with its obligations under Articles 3 and 4 of the Directive. In that letter, the Commission noted that, in view of its ornithological importance, the Plaine des Maures, 7 500 hectares of which are included in the national inventory of sites of importance for the conservation of birds in France (hereinafter `ZICOs'), published in 1994 by the French Ministry of Environment and the League for the Protection of Birds, should have been classified as an SPA. The Commission also observed that part of that site was threatened by pollution and deterioration as the result of several development projects which had been carried out, including a recreational park at Bois de Bouis.

8 By letter of 9 April 1996, the French authorities informed the Commission, inter alia, that proceedings had been brought against illegal clearing and construction works undertaken