Filenews 16 March 2024 - by Angelos Nicolaou
The systemic (i.e. serious, timeless, generalised and recurrent) problem of the approval of dozens of plans and projects by the competent authorities of the Republic of Cyprus, before submitting them to an appropriate (i.e. adequate and appropriate) assessment of their impact on the conservation objectives and integrity of Natura 2000 sites, forced the European Commission to send a reasoned opinion to the Cypriot authorities and to give a deadline of two months, in order to provide the necessary answers and take the necessary measures. If not, the European Commission intends to refer the case to the Court of Justice of the European Union.
The European Commission sent a reasoned opinion to Cyprus on 13/03/2024 as it failed to properly assess the effects of several plans and projects that may have significant effects on Natura 2000 sites, as required by the Habitats Directive (92/43/EEC) and the Birds Directive (2009/147/EC). Under these directives, plans and projects likely to have significant effects on a Natura 2000 site must undergo an assessment of their implications for the site before being approved.
The European Commission considers that the cumulative, synergistic and cumulative effects of plans and projects are not properly assessed, although it has already sent a letter of formal notice to Cyprus on 27/11/2019. The European Commission also notes that the structural and ongoing practice of authorising economic activities in Natura 2000 sites continues, without ensuring compliance with the Habitats and Birds Directives.
The European Commission notes that these deficiencies affect the whole country and all its districts (Nicosia, Larnaka, Limassol, Paphos and Famagusta) and are not limited to a specific geographical area. Indeed, the projects cited as examples in the reasoned opinion are carried out throughout the territory of Cyprus and there is no indication that any province implements the provisions of the EU Nature Directives more adequately than the others.
Considering the size of the Member State, the number of projects listed in the reasoned opinion as examples of incorrect implementation of the EU Nature Directives is significant. This observation is all the more supported by the fact that other projects and plans have led to similar infringement proceedings in the past. In addition, the infringements in question have a serious impact on certain Natura 2000 sites in Cyprus, such as the Akamas Peninsula and, in particular, the coastal zone along the Pegeia sea caves.
Therefore, the geographical dimension of the deficiencies makes the case serious and the examples given in the case representative. Moreover, the gravity of the infringement is aggravated by the fact that all infringements originate from the same "source", since all approvals are issued by the Environmental Authority and all permits are granted by the Planning Authority. Non-compliance is therefore more likely to continue without the necessary corrective action.
The European Commission also notes that poor implementation of the EU Nature Directives is not limited to certain categories of projects. As can be seen from the examples given in the reasoned opinion, the obligations stemming from the provisions of the EU Nature Directives have been disregarded for projects as diverse as public infrastructure projects (pedestrian walkways, cycle paths, roads and bridges), renewable energy projects (wind and photovoltaic parks), tourist facilities (holiday homes, hotel complexes and related urban waste water treatment plants, golf courses) and various others (approval of local plans, extension of quarries and mines). This further highlights the horizontal nature of the problem of incorrect implementation of the provisions of the EU Nature Directives in Cyprus.
Taking into account the non-exhaustive list of plans and projects, which demonstrate the existence of several cases in which the provisions of the EU Nature Directives have not been correctly applied, for specific and similar reasons (e.g. absence of cumulative impact assessment, approval despite the finding of significant effects, etc.) throughout the territory of Cyprus and for a long time (from accession to the EU until today), Cyprus generally and consistently fails to ensure compliance of its authorities with the requirements of the EU Nature Directives.
22 projects without proper assessment
The current infringement procedure includes a large number of projects and plans, which were approved without undergoing an adequate and appropriate assessment of their impact on the conservation objectives and integrity of several Natura 2000 protected areas in Cyprus:
1) Improvement of an existing bridge and access road along the Xeros Potamos area by the Pafos District Administration.
2) Construction of 6 holiday homes with swimming pools and urban wastewater treatment plant in the sea caves of Pegeia, which affects the Akamas Peninsula.
3) Construction of 9 holiday homes with swimming pools in the sea caves of Pegeia, which affects the Akamas Peninsula.
4) Expansion of the road network, which affects the area of Ha Potami.
5) Creation of temporary storage areas for excavation and construction products, which affects the area of Alikos Potamos – Agios Sozomenos.
6) Construction of a solar park with a capacity of 1.2 MW for the existing desalination plant in Larnaka, which affects the area of Alykes in Larnaka.
7) Construction of a coastal pedestrian and bicycle path in Paralimni (phase 4), which affects the area of Deryneia.
8) Expansion of an existing quarry in Androlikou in 2016, which affects the Akamas Peninsula.
9) Commencement of works for the protection and improvement of the coastal front, through the replacement of existing breakwaters, the construction of new breakwaters and the removal of embankments/piers, which affects the Moulia Sea Area.
10) Construction of a photovoltaic park with a capacity of 2.6 MW, which affects the area of Alykes in Larnaka.
11) Construction of a bridge and an access road, which affects the Ezousa Valley and the Diocese of Baby Water.
12) Construction of 20 holiday homes with swimming pools and urban wastewater treatment plant in the sea caves of Pegeia, which affects the Akamas Peninsula.
13) Project of a tourist resort (five-star hotel with 168 rooms, with urban wastewater treatment plant and 44 villas with swimming pools and biological treatment system), in the sea caves of Pegeia.
14) Construction of a golf course and other related infrastructure (600 houses, road network, water pipelines, etc.), which affects the area of Ezousa Valley.
15) Construction of a pedestrian walkway in Peyia (Phase 2), which affects the Akamas Peninsula.
16) Construction and operation of 6 photovoltaic parks with a capacity of 25 MW, which affects the area of Atsas – Agios Theodoros.
17) Construction of a second building (four levels) with parking spaces for a hotel, which affects the area of Oroklini Lake.
18) Golf course with similar residential, tourist and commercial developments in Limni, which affects the area of Polis – Gialia.
19) Expansion of an existing quarry in Androlikou, in 2023, which affects the Akamas Peninsula.
20) Project of a tourist resort (5-star hotel, capacity of 203 rooms, with 44 tourist residences and a residential complex of 11 villas), which affects the area of Agia Thekla – Liopetri.
21) Copper mine, which affects the Paphos Forest area.
22) Construction of a marina and tourist resort in Ayia Napa, which affects the area of Agia Thekla – Liopetri.
