Keywords
Summary

Keywords

Environment — Conservation of wild birds — Directive 79/409 — Classification of special protection areas — Obligation of the Member States — Obligation to make a definitive and full classification — (Council Directive 79/409, Art. 4)

Summary

Article 4(1) and (2) of Directive 79/409 on the conservation of wild birds requires Member States to classify as special protection areas the most suitable territories in number and size for the conservation of the species mentioned in Annex I as well as the breeding, moulting and wintering areas and staging posts along the migration routes of migratory species not listed in that annex.

A contingent classification of the special protection area sites resulting from a decision of the competent authority in the Member State concerned, which may be amended in accordance with the judgments in the actions brought against it, cannot be held to constitute proper fulfilment of the obligation to classify sites which is incumbent on Member States and moreover, the lack of a full and definitive classification prevents the Commission from taking the appropriate initiatives referred to in Article 4(3) of the directive for the purpose of the coordination necessary to ensure that the special protection areas form a coherent whole.

see paras 16-17, 19-20, 32-33