11.9.2004   

EN

Official Journal of the European Union

C 228/20

—

declare that, by implementing a project for a motorway, whose route crosses the special protection area (SPA) of Castro Verde, notwithstanding the negative environmental impact assessment and notwithstanding the existence of alternative solutions for the route concerned, the Portuguese Republic failed to fulfil its obligations under Article 6(4) of Council Directive 92/43/EEC (1) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Directive 97/62/EC of 27 October 1997 (2);

—

order the Portuguese Republic to pay the costs.

—

the environmental impact assessment of the project in relation to implementation of the plan for the abovementioned stretch of motorway clearly shows that the route concerned does in fact have a very significant negative impact on 17 species of wild birds referred to in Annex I to Directive 79/409/EEC; and

—

there were in fact alternative routes for that stretch of motorway, which were situated both outside the Castro Verde SPA and outside the residential areas in the places mentioned by the Portuguese authorities. Since those alternatives are to be found in a corridor to the west of the Castro Verde SPA between the edge of that area and the ‘IC 1’ road, they are located in flat country with a very low population density, with the result that the Portuguese authorities could have selected one of those alternatives without there being either significant technical difficulties or unreasonable additional costs.