REPORTS
Failure by Greece to establish and send copies of maritime spatial plan-infringement: INFR (2021) 2226
1. Each Member State of the European Union shall apply EU law and take appropriate action to that end. The European Commission is the body responsible for detecting possible breaches of EU law.
In the event that a Member State does not apply Union law and fails to fulfill any of the obligations laid down in the EU Treaties, the European Commission may initiate formal infringement proceedings under Articles 258 and 260 TFEU (details of infringement proceedings here).
2. Directive 2014/89/EU (establishing a framework for maritime spatial planning) sets out a common approach for EU Member States with regard to the design of their maritime areas. Marine spatial planning aims to organize human activities in marine areas in such a way as to achieve various ecological, economic and social goals. These goals include the development of a sustainable blue economy, the sustainable use of marine resources and the conservation of healthy marine ecosystems and biodiversity. This Directive requires coastal Member States to draw up maritime spatial plans by 31 March 2021 at the latest and to submit copies thereof to the Commission and to the other Member States concerned within three months of their publication.
As mentioned in the “December infringement package: main decisions/2-12-2021” the European Commission sent a letter of formal notice to Greece, calling on it to draw up a maritime spatial plan and to ensure the correct implementation of the above mentioned Directive [infringement number: INFR (2021) 2226]. The fact that Greece has not drawn up a maritime spatial plan (and nor has the Commission received a realistic timetable or process that would lead to such before the end of 2021) violates the country’s obligations under the above directive and the European Commission has therefore found that there is a breach of EU law.
The application of EU law is an obligation of the Member States of the European Union. If possible breaches of EU law are detected, the European Commission may take a series of actions against that Member State to ensure the correct and full application of EU law by initiating infringement proceedings in accordance with Articles 258 and 260 of the TFEU.
In this case, the European Commission sent a letter of formal notice, calling on Greece to comply with the provisions of Directive 2014/89/EU (establishing a framework for maritime spatial planning).
The failure of the country to draw up and send copies of a maritime spatial plan is a violation of the obligations it has undertaken in the implementation of the provisions of the above directive and therefore constitutes a violation of Union Law.
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