Keywords
Summary

Keywords

Acts of the institutions — Directives — Implementation by the Member States — Need to ensure that directives are effective — Directive 92/43 — Obligation for Member States, when carrying out a project which could damage the environment, to inform the Commission of the compensatory measures adopted — Obligation not complied with in the absence of a provision in national law laying down adequate detailed rules — (Directive 92/43, Article 6(4), first subpara.)

Summary

Each of the Member States to which a directive is addressed is obliged to adopt, within the framework of its national legal system, all the measures necessary to ensure that the directive is fully effective, in accordance with the objective it pursues. The requirement that the Member State, in accordance with the second sentence of the first subparagraph of Article 6(4) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, inform the Commission of the compensatory measures adopted when a project which could damage the environment is carried out is intended to enable the Commission to consider whether those measures are such as to ensure that the overall coherence of Natura 2000 is protected and, depending on the circumstances, to draw the appropriate conclusions. In the absence of a provision in national law which lays down adequate detailed rules concerning information on the compensatory measures, it is not possible to ensure that the second sentence of the first subparagraph of Article 6(4) of the Directive has full effect and attains its objective. Uncertainty at the domestic level concerning the procedure to be followed in order to comply with the obligation to inform is likely to hinder compliance with that obligation and, consequently, the attainment of its objective.

see paras 18-21