EU Commission to close nature protection case in Venice lagoon

by S. C.

European Environment Commissioner Stavros Dimas said: "I welcome the measures now proposed by the Italian authorities in this case, aimed at limiting the environmental impact of this significant project. We will however follow the promised measures closely to ensure they are fully implemented and achieve their objectives. "

Project for the construction of moving dams in Venice lagoon

The so-called "Mo.S.E." project, which is currently under way, is intended to reduce the risk of flooding in the Venice lagoon through the construction of a system of moving dams. In addition to Venice, a city of outstanding cultural and architectural importance, the lagoon also hosts areas of outstanding ecological importance at European level, designated as a Natura 2000 sites (see details below). In authorising the construction of the dams, the Italian authorities did not correctly follow EU laws for the protection of nature[1], including inadequately assessing the impact of the project on the protected areas and failing to propose all the necessary mitigation and compensation measures. As a result, the Commission sent written warnings to the Italian authorities in December 2005 and, subsequently, in July 2007.

Following extensive discussions with the Commission, the Italian authorities have now committed to implementing a series of measures, some of which have already been adopted, to limit the impact on the protected areas. These measures include:
- suspension of certain construction works at specific periods to reduce the disturbance on birds in the lagoon,
- monitoring of the works by independent bodies and setting up a website, open to the public, to provide information on the ongoing works and the findings of the related environmental monitoring,
- designation of additional areas in the lagoon as Sites of Community Importance (SCIs) protected under the "Habitats Directive".

As a result of these new measures, the Commission is closing the case, bearing in mind the need to find a balance between protecting Venice on one hand, and safeguarding the ecological importance of the Venice lagoon on the other. The Commission will continue to monitor the implementation of the package of measures announced by the Italian authorities.

EU nature legislation - background

Europe's nature is protected by two key pieces of legislation, the Birds Directive and the Habitats Directive. Under the Birds Directive, Member States are obliged to designate all of the most suitable sites as Special Protection Areas (SPAs) to conserve wild bird species. To assess whether Member States have complied with their obligation to classify SPAs, the Commission uses the best available ornithological information.

The Habitats Directive requires Member States to designate sites of Community Importance (SCIs) for the conservation of natural habitat types, and to protect various listed species. Together, SPAs and SCIs form the Natura 2000 network of protected areas, which is the EU's most important instrument for conserving natural habitats and the animal and plant species they contain.

Legal process

Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually within two months.

In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (second and final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, normally two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.