Filenews 19 March 2024 - by Angelos Nicolaou
The European Commission considers that Cyprus continues in a general and persistent manner to fail to ensure that its authorities make plans or projects subject to an appropriate assessment where the proposed plan or project is likely to have significant effects on the site, and to ensure that plans or projects are approved only after the authorities are satisfied that they will not adversely affect the integrity of the site.
An appropriate assessment is a tool to ensure that appropriate technical and scientific information has been provided, taking into account the site's conservation objectives, to 'dispel any reasonable scientific doubt as to the effects of the planned works' on Natura 2000 protected areas caused 'either alone or in combination with other plans or projects'.
According to the European Commission, which transmitted on 13/3/2024 a reasoned opinion to the Cypriot authorities giving two months for compliance, before referring the case to the Court of Justice of the European Union, there is a general tendency for projects to be approved without Cyprus having first removed any scientific doubt that the projects may have a significant impact on the integrity of the affected Natura 2000 sites, taking into account the conservation objectives of these sites (either at the screening stage or at the appropriate assessment stage). Also, approvals continue to be granted for projects identified as a significant threat/vulnerability for the site in its standard data form. Projects are also systematically approved, even though such significant impacts have been identified. Moreover, there is a general tendency for cumulative effects not to be properly assessed. Sometimes there is no cumulative impact assessment and sometimes cumulative effects are excluded by a simple declaration, without even referring to other cases of approval of projects on the same site affecting the same habitats and species.
In many cases, projects were only approved on the basis of screening (and without carrying out an appropriate assessment), which did not contain sufficient scientific information to demonstrate that the project is unlikely to significantly affect a Natura 2000 site, alone or jointly with other plans or projects. Therefore, an appropriate assessment should have been carried out.
According to the European Commission, it is clear that Cyprus needs to consider the cumulative effects of the screening phase. However, this obligation has been systematically ignored.
Incorrect and consideration of mitigation measures
The Commission notes that many examples reveal that mitigation measures are wrongly considered. While the Court of Justice of the EU has ruled that mitigation measures cannot be taken into account at the screening stage, but only at the due assessment stage, the Cypriot authorities continue to identify these measures at the screening stage in order to avoid carrying out an appropriate assessment. In many cases, the Cypriot authorities give a positive opinion on a project without carrying out a proper assessment, stating that the project can only be approved if the identified mitigation measures and monitoring programme are implemented. However, in addition to the fact that mitigation measures cannot be properly considered at the screening stage, the Court of Justice of the EU has also ruled that monitoring a project after its approval does not provide the necessary certainty as to the absence of negative effects on the site, which is required to comply with obligations under the provisions of the EU Nature Directives.
