128It follows that this complaint is well founded only if the Commission demonstrates to a sufficient legal standard that the Kingdom of Spain has not taken the appropriate protective measures, consisting in preventing the operational activities of the ‘Feixolín’, ‘Fonfría’, ‘Salguero-Prégame-Valdesegadas’, ‘Ampliación de Feixolín’ and ‘Nueva Julia’ mines, in so far as they took place after the classification of the ‘Alto Sil’ site as an SPA from the year 2000 onwards, from producing deteriorations of the habitats of the capercaillie and disturbances of that species likely to have significant effects having regard to the objective of that directive consisting in ensuring the conservation of that species.
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