Filenews 17 December 2022 - by Angelos Nikolau
The Environmental Authority has lit the green light for the construction of new breakwaters and cantilevers on the southwest coast of the Pafos district, ignoring both the serious, negative and irreversible effects on the marine environment, as well as current infringement procedures that are directly related to this coastal and marine area and may even lead the Republic of Cyprus to the Court of Justice of the European Union (CJEU). In the opinion issued yesterday by the Environmental Authority, it acknowledges the reasons why the proposed project had to be rejected, but at the same time concludes that it has no objection to the construction of breakwaters and cantilevers.
The south-west coast of Paphos, from the Lighthouse of Kato Paphos to the small peninsula at Moulia in Geroskipou, is the most important coastal area for seabird species of Community interest, included in Annex I of the Birds Directive, which is under the control of the Government of the Republic of Cyprus, but has not so far been included in the Natura 2000 Network as a Special Protection Area (SPA).
In addition, the Natura 2000 Special Area of Conservation (SAC) site "Moulia Marine Area" falls under the same "coastal cell" or "hydrographic cell" as the proposed project. According to the "pressures and/or threats to the habitats and species of the Mulia Marine Area SAC (in relation to their conservation objectives) from acts and/or activities", cited in the "Opinion of the Scientific Committee for the SAC Marine Moulia Area, based on article 15 of the Protection and Management of Nature and Wildlife Laws of 2003 to 2015": "In the SAC Marine Area of Moulia, it is suggested that the following acts, activities or functions, which degrade the natural habitats and habitats of the species, in relation to their conservation objectives, should be avoided and/or restricted and/or regulated: The siting and creation of breakwaters and cantilevers within and/or near the same hydrographic cells of the SAC".
It is noted that the relevant opinion was prepared by the competent Scientific Committee, posted on the website of the Department of Environment and put to public consultation without any objections being submitted. Subsequently, it was ratified by the Scientific Committee and sent by the Environmental Authority to the Minister of Agriculture, for final approval and publication in the Official Gazette of the Republic, three months ago. However, the issuance of the decree for the protection and management of the SAC Marine Protected Area of Moulia was pending, the Environmental Authority itself approved a project that was deemed to be prohibited in that area.
It is also stressed that, on the basis of the interpretative guide and guidelines of the European Commission, as well as the settled case law of the CJEU, EU Member States must take all appropriate measures to avoid pollution and/or deterioration of habitats, as well as harmful disturbances to species of wild birds of Community interest, which are expected to have a significant impact in relation to the objectives set out in Article 4; Paragraph 4, first sentence, of the Birds Directive.
