15/06/2017

Paolo Mossone

Abstract

The institution of the Sites of Community Interest in the marine
environment in Sardinia, was applied for the frst time through the
establishment of marine SCIs overlapping to MPA’s, as an attempt to
centralize the management of the two different systems of protection in a
single management body.
A critical analysis of this approach shows that the establishment of marine
SCIs experienced in Sardinia does not meet the requirements of the
Community: the boundaries of MPAs are determined on the basis of
predominantly administrative considerations, while the boundaries of SCIs
have to be determined on an ecological basis.
An overlapping of the Posidonia oceanica distribution areas and the location
of marine SCIs shows that the surface covered by posidonia is much larger
than that protected by the establishment of SCIs. As a result, most of
Posidonia oceanica prairies are not included in the SCIs established in
Sardinia.
This exposes the Italian State to the risk of infringement proceedings, nor
takes it out of legal liability resulting from the deterioration of unprotected
habitats, according to the indications issued by the Commission, on the basis
of the case law “Santoña Marshes” of the European Court of Justice.

Giureta XV