Poland: Commission pursues legal action for violation of nature directives
The European Commission is taking legal action against Poland in two cases of infringement of EU nature protection law. Both cases concern the EU-wide network of important protected wildlife sites and natural areas, Natura 2000. Poland will receive a first written warning for going ahead with eight road projects which encroach upon designated or potential Natura 2000 areas. These projects are linked to the Via Baltica Helsinki-Warsaw road corridor in the North-East part of the country, and include the Augustow bypass. In addition, Poland will be given a final written warning for failing to propose a sufficient number of sites and areas for Natura 2000.
EU Environment Commissioner Stavros Dimas said: "Of all cases brought by the European Commission for bad implementation of EU environment law, 38% relate to nature protection. This is necessary because an extensive and coherent Natura 2000 network is essential if the EU is to meet its 2010 target of halting biodiversity loss in Europe. I expect the Polish authorities to comply with EU legislation to protect their country’s important natural sites."
Road projects in North-East Poland connected with the Via Baltica
The Commission will send a first written warning to Poland after receiving complaints about eight road projects in North East Poland - new roads, bypasses or upgrades, all of which are linked to the Via Baltica, the Helsinki-Warsaw road corridor. The road projects encroach upon Special Protection Areas (SPAs) designated under the Wild Birds Directive and sites proposed as Sites of Community Importance (pSCIs) under the Habitats Directive and sites intended to be proposed as pSCIs to the Commission. In authorising these projects, Poland breaches several provisions which aim to mitigate deterioration of nature sites.
Insufficient number of designated Natura 2000 sites and areas
In a second case, the Commission will send a final written warning to Poland because of its failure to designate a sufficient number of Natura 2000 sites and areas.
Under the Birds Directive, Member States need to designate the most suitable sites as SPAs for the conservation of bird species. Up to now Poland has designated 72 sites as SPAs. However, their number and size is insufficient compared to the list in the Important Bird Areas (IBA) inventory. This inventory has acknowledged scientific value and is used by the Commission and the Court as a reference for assessing the extent to which Member States have complied with their obligation to classify SPAs. Poland has classified only about half of the 140 IBA sites and ignored significant parts of its territory.
Poland also has failed to propose a sufficient number of sites for a number of habitats and species listed in the Habitats Directive. Legal Process Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations. If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually within two months. In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law, and calls upon the Member State to comply within a specified period, usually two months. If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform. Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.
More information about EU nature protection policies is available at: http://europa.eu.int/comm/environment/nature/home.htm
For current statistics on infringements in general see: http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions
Barbara Helfferich: 02.29.82010 or 0496/58.38.29 Lone Mikkelsen: 02.29.60567 or 0498/96.05.67
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