26.5.2014   

EN

Official Journal of the European Union

C 159/18

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Declare that, by failing to integrate, in their entirety, into the special protection area ‘Kaliakra’ the areas that are important for the conservation of birds, the Republic of Bulgaria has failed to designate as a special protection area the most suitable territories in number and size for the conservation of biological species under Annex I to Directive 2009/147/EC (1) and for the protection of regularly occurring migratory species not listed in Annex I in the geographical sea and land area where Directive 2009/147/EC applies. Accordingly, the Republic of Bulgaria has failed to fulfil its obligations under Article 4(1) and (2) of Directive 2009/147/EC;

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declare that, by granting authorisation for Project ‘AES Geo Enerdzhi’ OOD, Project ‘Uindteh’ OOD, Project ‘Brestiom’ OOD, Project ‘Disib’ OOD, Project ‘Eko Enerdzhi’ OOD and Project ‘Longman Investmant’ OOD in the ‘Kaliakra’ area, which is important for the conservation of birds and which has not been designated as a special protection area, although it should have been so designated, the Republic of Bulgaria has failed to fulfil its obligations under Article 4(4) of Directive 2009/147/EC, as interpreted by the Court of Justice of the European Union in Cases C-96/98 and C-374/98;

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declare that, by granting authorisation for projects in the special protection area ‘Kaliakra’, in the site of Community importance ‘Kompleks Kaliakra’ and in the special area of conservation ‘Belite Skali’ (‘Kaliakra uind pauar’ AD, ‘EVN Enertrag Kavarna’ OOD, ‘TSID — Atlas’ EOOD, ‘Vertikal — Petkov i s-ie’ OOD, golf and spa resort ‘Treyshan Klifs Golf end Spa Rezort’ OOD), the Republic of Bulgaria has failed to fulfil its obligations under Article 6(2) of Directive 92/43/EEC, (2) as interpreted by the Court of Justice of the European Union in Cases C-117/03 and C-244/05, having failed to take appropriate steps to avoid the deterioration of natural habitats and the habitats of biological species as well as disturbance of the species for which the areas have been designated;

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declare that, owing to the failure to assess in an appropriate manner the cumulative effects of the projects authorised in the ‘Kaliakra’ area, which is important for the conservation of birds and which has not been designated as a special protection area (‘AES Geo Enerdzhi’ OOD, ‘Uindteh’ OOD, ‘Brestiom’ OOD, ‘Disib’ OOD, ‘Eko Enerdzhi’ OOD und ‘Longman Investmant’ OOD), the Republic of Bulgaria has failed to fulfil its obligations under Article 2(1), in conjunction with Article 4(2) and (3), of Directive 2011/92/EU (3) and Annex III(1)(b) thereto;

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order the Republic of Bulgaria to pay the costs.