The European Commission calls on Cyprus to properly assess projects that may have a significant impact on Natura 2000 sites, such as Akamas, through a reasoned opinion sent on Wednesday, as part of its March infringement package.
Furthermore, the Commission has found that “the structural and persistent practice of authorising economic activities in Natura 2000 areas continues in ways that do not comply with the Habitat Directive.” If the country does not comply within two months, the European Commission could refer this case to the Court of Justice of the EU.
Earlier on Wednesday, in the context of the infringement package for March, the Commission announced it is referring Cyprus to the Court of Justice on a separate issue, regarding the country’s failure to take necessary measures to protect and manage Natura 2000 sites.
The infringement package for March also includes open procedures against Cyprus regarding its obligations on the Regulation on dissemination of terrorist content online, on EU rules on p
rocedural safeguards for children in criminal proceedings, and on transposing EU rules on the use of vehicles hired without drivers for carriage of goods by road.
Projects in Natura 2000 sites
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Regarding the first case, the European Commission decided to send a reasoned opinion to Cyprus (INFR(2019)2303) for failing to properly assess projects that may have a significant impact on Natura 2000 sites as required by the Habitats Directive (Directive 92/43/EEC).
The Habitats Directive requires that plans and projects that are likely to have a significant impact on a Natura 2000 site undergo an assessment of their effects on the site before their authorisation. Plans and projects can only be authorised, subject to certain exemptions, if they do not harm the integrity of the site.
The Commission sent a letter of formal notice to Cyprus in November 2019. Since then, the Commission has continued to receive complaints by citizens concerning the authorisation of new projects.
The Commission has fo
und that “the structural and persistent practice of authorising economic activities in Natura 2000 sites without complying with the Habitats Directive continues.”
Therefore, the Commission has decided “to send a reasoned opinion to Cyprus, which now has two months to respond and take the necessary measures.” Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Terrorist content online
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Also, the European Commission decided to send reasoned opinions to?Cyprus (INFR(2022)2114) as well as to Bulgaria and Slovenia for failing to comply with certain obligations of the Regulation on the dissemination of terrorist content online (TCO, Regulation (EU) 2021/784).
The TCO Regulation, which entered into application on 7 June 2022, requires that terrorist content in the EU is taken down by online platforms within one hour upon receipt of a removal order issued by Member States’ authorities. This helps to counter the spread of extremist ideologies online –
which is key for preventing attacks and addressing radicalisation – while safeguarding fundamental rights.
The Commission launched a set of infringements in January 2023, by sending letters of formal notice to 22 Member States.
The Commission considers that Bulgaria, Cyprus, and Slovenia have failed to comply with one or more obligations under the TCO Regulation. Therefore, the Commission has decided to send a reasoned opinion to Bulgaria, Cyprus and Slovenia, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.???
Procedural safeguards for children in criminal proceedings
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Furthermore, the European Commission decided to open infringement procedures by sending letters of formal notice to Spain, Italy, Luxembourg and Poland, and to issue an additional reasoned opinion to Cyprus (INFR(2019)0175), for failing to fully transpose into their national law the Directive on procedural
safeguards for children who are suspects or accused persons in criminal proceedings (Directive (EU) 2016/800).
This Directive is part of the EU’s strategy to establish common minimum standards to guarantee the right to a fair trial and the rights of suspects or accused persons in criminal proceedings across the EU. It establishes common rules on the protection of procedural safeguards for children such as the right to an individual assessment, to specific treatment in case of deprivation of liberty (such as separation from adult detainees and access to training and education) and to be accompanied by the holder of parental responsibility during the proceedings.
Cyprus received a first reasoned opinion in May 2020 for failing to communicate to the Commission the measures transposing the Directive. Following Cyprus’ reply, the Commission concluded that the notified measures fall short of the requirement of the Directive to ensure specific treatment of children in case of deprivation of liberty. Therefore, the
Commission has decided to send letters of formal notice to Spain, Italy, Luxembourg and Poland and an additional reasoned opinion to Cyprus.
The Member States now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send Spain, Italy, Luxembourg, and Poland a reasoned opinion and refer Cyprus to the Court of Justice of the European Union.
Use of vehicles hired without drivers
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Finally, the European Commission decided to send a reasoned opinion to Cyprus (INFR(2023)0196), as well as to Spain, Croatia, Luxembourg, Poland and Slovenia for failing to communicate to the Commission any national measures to transpose EU rules on the use of vehicles hired without drivers for the carriage of goods by road (Directive (EU) 2022/738).
This Directive aims to help companies to benefit from the advantages of using hired vehicles, for example by allowing the use of vehicles hired in another Member State
. Such a possibility can, in particular, make it easier for companies to meet short-term, seasonal or temporary peaks in demand or to replace defective or damaged vehicles, while ensuring compliance with the necessary safety requirements and ensuring adequate working conditions for drivers.
Member States needed to adopt the measures by 6 August 2023 to comply with EU legislation. Therefore, the Commission has decided to send a reasoned opinion to these Member States, which now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Source: Cyprus News Agency