On 10 November 2016, the Court of Justice of the European Union (CJEU) found that Greece, in breach of EU law, did not take the necessary measures to protect Caretta caretta sea turtles in the bay of Kyparissia in the Peloponnese (full text of the decision here).
Caretta caretta (loggerhead) sea turtles enjoy increased protection under EU law. These turtles only give birth every two or three years, between May and August. During the breeding season they emerge from the sea at night and dig a hole 40 to 60 cm deep higher up on the beach, where each turtle lays an average of 120 eggs. Two months later, the eggs hatch and the baby turtles emerge from the sand, headed for the sea. The hatchlings are vulnerable, however, and many of them die.
The EU Habitats Directive protects Europe’s biodiversity, and requires Member States to take measures to establish a system of strict protection for certain animal species. Caretta caretta turtles are recognized by this directive as a species of Community interest in need of strict protection, and requiring the creation of special conservation zones. On this basis, in 2006 the Commission added the dunes of Kyparissia to the list of places of community importance, mainly because Caretta caretta turtles live in the area.
However, in 2011 the European Commission accused Greece of violating its EU obligation to protect these turtles in the Kyparissia region and appealed to the European Court of Justice. The court for the most part agreed, finding that Greece had indeed failed to uphold its obligation to protect Caretta caretta turtles.
The CJEU found that Greece had allowed development projects such as new housing and road construction to go ahead, and had failed to regulate human presence on beaches used for breeding by the turtles, such as free campers and the operation of beach bars.
The CJEU thus came to the conclusion that there was no complete and coherent protective legislative framework in place in Kyparissia before the Commission’s appeal to the Court. The court added that the fact that developers had admitted that Caretta caretta turtles might be affected, demonstrates that there was intentional disruption, prohibited by Union law.
As an EU member state, Greece must comply with EU law.
However, in this case the country failed to uphold its obligations under Council Directive 92/43/EEC for the protection of Caretta caretta sea turtles, in the wider context of the need to protect natural habitats and preserve wild flora and fauna.
Bank Account number: 1100 0232 0016 560
IBAN: GR56 0140 1100 1100 0232 0016 560
BIC: CRBAGRAA
In a time where the very foundations of democracy are gradually being eroded by the rise of extreme nationalism, alt-right movements, the spread of disinformation and corporate capture, the efforts of organisations such as Vouliwatch are more relevant than ever.
We rely on the generosity of each and every one of you to continue with our efforts for more transparency and accounta
By financially supporting Vouliwatch you support our litigation strategy, our campaigns for transparency and accountability in the political system, the development of new civic tech tools, our research projects and last but not least our impartial and accurate
