The systemic problem of approving dozens of plans and projects by the competent Authorities of the Republic of Cyprus, before subjecting them to a due (meaning sufficient and appropriate) assessment of their impacts on the conservation objectives and integrity of Natura 2000 network areas, has compelled the European Commission to issue a reasoned opinion to the Cypriot Authorities and to set a two-month deadline for necessary responses and actions to be taken. Otherwise, the European Commission intends to refer the matter to the Court of Justice of the European Union.
On 13/3/2024, the European Commission sent a reasoned opinion to Cyprus, as it did not adequately assess the impacts of several plans and projects, which may have significant effects on Natura 2000 network areas, as required by the Habitats Directive (92/43/EEC) and the Birds Directive (2009/147/EC).
According to these specific directives, plans and projects that may have significant impacts on a Natura 2000 area must undergo an assessment of their impacts on the area before their approval.
The European Commission considers that the cumulative, synergistic, and cumulative impacts of plans and projects are not adequately assessed, despite having already sent a warning letter to Cyprus on 27/11/2019.
The European Commission also notes that the structural and continuous practice of approving economic activities in Natura 2000 areas continues, without ensuring compliance with the Habitats and Birds Directives.
The European Commission highlights that these deficiencies affect the entire country and all its provinces (Nicosia, Larnaca, Limassol, Paphos, and Famagusta) and are not limited to a specific geographic 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 EU Nature Directives more effectively than others.
Furthermore, the European Commission notes that considering the size of the member state, the number of projects listed in the reasoned opinion as examples of inadequate implementation of EU Nature Directives is significant.
This observation is further strengthened if one considers that other projects and plans have led to similar infringement procedures in the past.
Additionally, the infringements have serious consequences for certain areas of the Natura 2000 network in Cyprus, such as the Akamas Peninsula and especially the coastal zone along the sea caves of Peyia.
Therefore, the geographical dimension of the deficiencies makes the matter serious, and the examples mentioned in the case are representative. Moreover, the seriousness of the infringement is exacerbated by the fact that all infringements stem from the same “source,” as all approvals are issued by the Environmental Authority and all permits are granted by the Town Planning Authority. Consequently, non-compliance is more likely to continue without the necessary corrective measures being taken.
The European Commission also points out that the inadequate implementation of EU Nature Directives is not limited to certain categories of projects.
As evidenced by the examples cited in the reasoned opinion, the obligations arising from the provisions of EU Nature Directives have been overlooked for projects as diverse as public infrastructure projects (footpaths, cycle paths, roads, and bridges), renewable energy projects (wind and solar parks), tourist facilities (holiday homes, hotel complexes, and related sewage treatment facilities, golf courses), and various others (approval of local plans, expansion of quarries and mines). This further highlights the horizontal nature of the problem of inadequate implementation of EU Nature Directive provisions in Cyprus.
Given the non-exhaustive list of plans and projects, based on which several cases are indicated where the provisions of EU Nature Directives were not applied correctly, for specific and similar reasons (e.g., absence of cumulative impact assessment, approval despite significant impacts, etc.) throughout the territory of Cyprus and for a long period (from accession to the EU until today), the Commission believes that Cyprus generally and continuously fails to ensure compliance with the principles of EU Nature Directives.
22 projects without due assessment
The current violation procedure includes a large number of projects and plans that were approved without undergoing adequate and appropriate assessment of their impacts on the conservation objectives and integrity of several protected areas of the Natura 2000 network in Cyprus:
- Improvement of an existing bridge and access road along the Xeros Potamos area by the District Administration of Paphos.
- Construction of 6 holiday homes with swimming pools and installation of sewage treatment in the sea caves of Pegeia, affecting the Akamas Peninsula.
- Construction of 9 holiday homes with swimming pools in the sea caves of Pegeia, affecting the Akamas Peninsula.
- Expansion of road network affecting the Ha Potami area.
- Establishment of temporary storage areas for excavation and construction products, affecting the Alykes Potamos – Agios Sozomenos area.
- Construction of a 1.2 MW solar park for the existing desalination plant in Larnaca, affecting the Larnaca Salt Lakes area.
- Construction of a coastal promenade and bicycle lane in Paralimni (Phase 4), affecting the Deryneia area.
- Expansion of an existing quarry in Androlikou in 2016, affecting the Akamas Peninsula.
- Commencement of protection and improvement works of the coastal front through the replacement of existing breakwaters, construction of new breakwaters, and removal of embankments/promenades, affecting the Moulia Marine Area.
- Construction of a 2.6 MW photovoltaic park, affecting the Larnaca Salt Lakes area.
- Construction of a bridge and access road, affecting the Ezousa Valley and the Morou Nero Episkopi area.
- Construction of 20 holiday homes with swimming pools and sewage treatment installations in the sea caves of Pegeia, affecting the Akamas Peninsula.
- Tourist resort project (five-star hotel with 168 rooms, sewage treatment plant, and 44 villas with swimming pools and biological purification system) in the sea caves of Pegeia.
- Construction of a golf course and related infrastructure (600 residences, road network, water pipelines, etc.), affecting the Ezousa Valley area.
- Construction of a pedestrian walkway in Pegeia (Phase 2), affecting the Akamas Peninsula area.
- Construction and operation of 6 photovoltaic parks with a capacity of 25 MW, affecting the Atsas – Agios Theodoros area.
- Construction of a second building (four floors) with parking spaces for a hotel, affecting the Oroklini Lake area.
- Golf course with similar residential, tourist, and commercial developments at the Lake, affecting the Polis – Yialia area.
- Expansion of an existing quarry in Androlikou in 2023, affecting the Akamas Peninsula.
- Tourist resort project (five-star hotel with 203 rooms, 44 tourist residences, and a residential complex with 11 villas), affecting the Agia Thekla – Liopetri area.
- Copper mine, affecting the Paphos Forest area.
- Construction of a marina and tourist resort in Ayia Napa, affecting the Agia Thekla – Liopetri area.
