Filenews 7 January 2025 - by Angelos Nicolaou
The Republic of Cyprus is facing a total of 16 ongoing infringement proceedings against European Union (EU) environmental legislation.
The 16 infringements concern 4 main areas of Cyprus' environmental policy:
(1) In the context of waste management, there are 3 infringement procedures in force.
(2) In the context of water protection and management, there are 2 infringement procedures in force.
(3) In the context of nature protection and management, there are 3 infringement procedures in force. It is also noted that 2 relevant monitoring procedures of the current infringement procedures by EU institutions, other than the European Commission, are pending, which specifically concern the inadequate protection and management of the Akamas Peninsula.
(4) There are 8 existing infringement procedures under climate action and energy. Of these, 2 concern renewable energy, 5 concern climate action and carbon reduction, while another 1 concerns energy security.
"F", with the contribution of Terra Cypria – The Cyprus Environmental Protection Foundation, recorded and presents all applicable infringement procedures of EU environmental legislation, which are listed in the European Commission's online register of infringements. Essentially, these are the most important challenges facing the Republic of Cyprus at the level of environmental policy, which are expected to concern the competent authorities and public opinion in 2025.
Aim for 'full compliance', but infringements increase and escalate
It is noted that the "Governance Programme" of the President of the Republic, Nikos Christodoulides, includes relevant positions and policies in the thematic section "Clean Environment". Specifically:
In "Policy 1 – Towards the green economy: Upgrading the institutional framework and management of environmental issues", among others, the following are mentioned: "1.6. We fully comply with the environmental acquis communautaire, through the creation of a service that monitors and controls the relevant process, in cooperation with all involved Ministries and Services".
'Policy 3 – Protection against environmental pressures and risks to citizens' health and well-being', inter alia, states: '3.1. We create and staff a special Environmental Audit Service. The Agency will monitor the implementation of the full range of environmental legislation, ensuring that citizens are protected from risks to their health and well-being arising from environmental degradation."
"Policy 5 – Protection of the rich biodiversity of Cyprus", inter alia, states the following: "5.6. We cover all obligations arising from the European acquis in relation to nature management and especially the Natura 2000 network, in cooperation with local communities. We ensure that all letters of formal notice from the European Commission for breach of European legislation in relation to the Natura 2000 network of sites are managed promptly to effectively meet our European obligations."
Nevertheless, 2024 sees an increase in new infringement procedures, mainly in the field of climate action and energy, while at the same time there is an escalation of existing infringement procedures, mainly in the areas of waste management, but also nature protection and management.
Waste management
1. Operation of illegal landfills, also known as uncontrolled waste disposal sites. Under the current infringement procedure (2011/2005) of the Landfill Directive (1999/31/EC), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 19/05/2011 and a reasoned opinion on 26/01/2012. Subsequently, the European Commission decided to refer the case to the Court of Justice of the EU on 21/06/2012, which issued a conviction against the Republic of Cyprus on 18/07/2013. Due to non-compliance with the judgment of the Court of Justice of the EU, the European Commission sent a new letter of formal notice to the authorities of the Republic of Cyprus on 27/04/2017.
2. Landfilling of untreated municipal waste. In the context of the current infringement procedure (2021/2217) of the Landfill Directive (1999/31/EC) and the Waste Framework Directive (2008/98/EC), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 02/12/2021 and a reasoned opinion on 16/12/2024.
3. Non-compliance with binding waste collection and recycling targets, notably packaging and packaging waste, as well as waste electrical and electronic equipment. In the context of existing infringement proceedings (2024/2131) of the Waste Framework Directive (2008/98/EC and 2018/851/EU), the Packaging and Packaging Waste Directive (94/62/EC and 2018/852/EU) and the Waste Electrical and Electronic Equipment Directive (2012/19/EU and 2024/884/EU), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 25/07/2024.
Water protection and management
4. Inadequate urban wastewater treatment. Under current infringement proceedings (2017/2046) of the Urban Waste Water Treatment Directive (91/271/EEC), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 13/07/2017 and a reasoned opinion on 07/06/2018. Subsequently, the European Commission decided to refer the case to the Court of Justice of the EU on 07/03/2019, which issued a conviction against the Republic of Cyprus on 05/03/2020. Due to non-compliance with the ruling of the Court of Justice of the EU, the European Commission sent a new letter of formal notice on 19/04/2023.
5. Failure to review and update measures to control different types of abstraction and impoundment of water, point sources of discharges and diffuse sources capable of causing pollution, as well as any other significant adverse effects on water quality. In the context of an ongoing infringement procedure (2024/2227) of the Water Framework Directive (2000/60/EC), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 14/11/2024.
Protection – Management of Nature
6. Insufficient designation of Natura 2000 protected areas. In the context of current infringement proceedings (2018/2058) of the Directive on the conservation of natural habitats and of wild fauna and flora (92/43/EEC) and the Directive on the conservation of wild birds (2009/147/EC), the European Commission sent a letter of formal notice on 17/05/2018 and a reasoned opinion on 30/10/2020.
7. Inadequate Specific Ecological Assessment, also known as Appropriate Assessment, of the impact that the construction and operation of dozens of projects may have on the conservation objectives and integrity of protected areas of the Natura 2000 network. In the context of current infringement proceedings (2019/2303) of the Directive on the conservation of natural habitats and of wild fauna and flora (92/43/EEC) and the Directive on the conservation of wild birds (2009/147/EC), the European Commission sent a letter of formal notice on 27/11/2019 and a reasoned opinion on 13/03/2024.
8. Non-establishment of conservation objectives and management measures for protected areas of the Natura 2000 network, through the issuance of the necessary Nature and Wildlife Protection and Management Decrees for areas designated as Sites of Community Importance and declared Special Areas of Conservation. In the context of existing infringement proceedings (2021/2064) of the Directive on the conservation of natural habitats and of wild fauna and flora (92/43/EEC), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 09/06/2021 and a reasoned opinion on 06/04/2022. The European Commission has subsequently decided to refer the case to the Court of Justice of the EU on 13/03/2024. The case is currently pending judgment and judgment by the Court of Justice of the EU.
Inadequate protection and management of the Akamas Peninsula
It is noted that 2 relevant monitoring procedures of the current infringement procedures by EU institutions, other than the European Commission, are pending, which specifically concern the inadequate protection and management of the Akamas Peninsula.
The first concerns the open reference case for the conservation of the Akamas Peninsula and the nesting beaches of sea turtles in Chrysochous Bay, which is being examined by the Standing Committee of the Convention on European Wildlife and Natural Habitats, also known as the Bern Convention. The Convention on European Wildlife and Natural Habitats was signed in Bern in 1979. The Republic of Cyprus has ratified the Bern Convention with the Convention on the Conservation of European Wildlife and Natural Habitats (Ratification) Law of 1988. From 1995 until today, an open petition case (1995/6) is pending for the conservation of the Akamas Peninsula and the nesting beaches of sea turtles in Chrysochous Bay. The Bern Convention Standing Committee issued 3 relevant Recommendations (7/1987, 63/1997 and 191/2016) and carried out 3 monitoring site visits (1997, 2002 and 2016). The Republic of Cyprus does not implement the Recommendations of the Standing Committee of the Bern Convention for the management of the Akamas Peninsula and the sea turtle nesting beaches in Chrysochous Bay. In December 2024, the Berne Convention Standing Committee decided to keep the case file open.
The second concerns the open cases of petitions for possible infringements of EU environmental protection law and implementation of incompatible development plans in the Akamas Peninsula, by the Committee on Petitions of the European Parliament. In 2022, 2 petitions (0288/2022 and 0450/2022) were submitted to the Committee on Petitions of the European Parliament, related to investigated cases of infringement of EU environmental protection law and implementation of incompatible development plans in the Akamas Peninsula. The 2 petitions were put before the Committee on Petitions of the European Parliament, in 2 sessions held on 24.05.2023 and 14.02.2024, when it was decided to keep the petitions open and continue their follow-up.
Renewable energy
9. Non-harmonization of national and Community legislation on the promotion of renewable energy sources. In the context of an existing infringement procedure (2021/0169) of the Directive on the promotion of the use of energy from renewable sources (2018/2001/EU), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 23/07/2021 and a reasoned opinion on 19/05/2022.
10. Non-harmonization of national and Community legislation on the promotion of renewable energy sources. Under the current infringement procedure (2024/0213) of the updated Directive on the promotion of the use of energy from renewable sources (2023/2413/EU), the European Commission sent a new letter of formal notice to the authorities of the Republic of Cyprus on 25/09/2024.
Climate action
11. Non-compliance with binding national emission reduction targets for certain air pollutants. In the context of an ongoing infringement procedure (2022/2069) of the Directive on the reduction of national emissions of certain atmospheric pollutants, also known as the National Emission Ceilings Directive (2016/2284/EU), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 26/01/2023 and a reasoned opinion on 16/11/2023.
12. Failure to harmonise national and EU legislation on the contribution of aviation to the EU's carbon reduction target. In the context of an ongoing infringement procedure (2024/0021) of the Directive on the contribution of aviation to the EU's economy-wide emission reduction target (2023/958/EU), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 24/01/2024.
13. Non-harmonisation of national and EU legislation establishing a scheme for greenhouse gas emission allowance trading within the EU. In the context of an ongoing infringement procedure (2024/0022) of the Directive establishing a scheme for greenhouse gas emission allowance trading within the EU (2023/959/EU), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 24/01/2024.
14. Non-harmonisation of national and EU legislation establishing a scheme for greenhouse gas emission allowance trading within the EU. In the context of an ongoing infringement procedure (2024/0178) of the Directive establishing a scheme for greenhouse gas emission allowance trading within the EU (2023/959/EU), the European Commission sent a new letter of formal notice to the authorities of the Republic of Cyprus on 24/07/2024.
15. Non-updating and non-submission of the National Energy and Climate Plan. In the context of an ongoing infringement procedure (2024/2254) of the Regulation on the Governance of the Energy Union and Climate Action (2018/1999/EU), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 14/11/2024.
Energy security
16. Non-harmonisation of national and EU legislation on the safety of offshore oil and gas operations. In the context of an existing infringement procedure (2022/2220) of the Directive on safety of offshore oil and gas operations (2013/30/EU), the European Commission sent a letter of formal notice to the authorities of the Republic of Cyprus on 15/02/2023.
