Declassification of habitat sites : ECJ confirms view of AG in Cascina Tre Pini

I reported earlier on Kokott AG’s view in Cascina tre Pini re the declassification of sites under the habitat Directive. The Court agreed, albeit with emphasis on the more than just passing degradation of the site:  It must, however, be pointed out that a mere allegation of environmental degradation of an SCI, made by the owner of land included in that site, cannot suffice of itself to bring about such an adaptation of the list of SCIs. It is essential that that degradation should make the site irretrievably unsuitable to ensure the conservation of natural habitats and of the wild fauna and flora or the setting up of the Natura 2000 network, so that that site can definitively no longer contribute to the achievement of the objectives of the directive set out in Articles 2 and 3 thereof.(at 30). ‘Thus, not all degradation of a site on the list of SCIs justifies its declassification.‘ (at 31)

The judgment makes common sense to owners (and in view of the right to property), as it emphasises authorities’ duties under the habitats Directive however it is good to read it in ECJ print.

Geert.

 

, , , , , , , , , , , ,

  1. #1 by Ari Ekroos on 22/04/2014 - 3:02 PM

    Geert,

    It makes common sense, I agree.
    You might remember that in Finland Natura was and still is big issue. Interpretation that
    “the competent authorities of the Member States are required to propose to the European Commission the declassification of a site on the list of sites of Community importance, where those authorities have received a request from the owner of land included in that site, alleging an environmental degradation of the site, provided that that request is based on the fact that, despite compliance with the provisions of Article 6(2) to (4) of that directive, that site can definitively no longer contribute to the conservation of natural habitats and of the wild fauna and flora or the setting up of the Natura 2000 network”, is very interesting. It might generate many cases in Finland, because Natura 2000 is still “a open wound” for many landowners.

    Best regards,
    Ari

    P.S. I wrote couple of words on this case in Finnish.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: