Polska wersja

Via Baltica – an expressway to the European Court of Justice – Commission gives final warning to Poland

Wednesday 28 February, 2007. Brussels - The European Commission today officially sent its second warning letter to the Polish government about the routing of the Via Baltica which would severely damage important, and protected, natural sites.

This second letter – a so-called “Reasoned Opinion” is the last chance Poland has to stop works on then controversial Augustow Bypass through the pristine Rospuda wetlands before the European Commission takes Poland to the European Court of Justice, which could see the Court insist that they stop construction and ultimately impose a severe fine.

Due to the current state of urgency – contractors are already on the site of the proposed Augustow Bypass – the European Commission has taken the unusual step of giving Poland just seven days to respond.

EU Environment Commissioner Stavros Dimas said: "I urge the Polish Government to once more consider ways of building these bypasses without causing such serious environmental damage. I believe that Poland has everything to gain by building new infrastructure without sacrificing its most precious natural heritage." [1]

This move has been welcomed by environmental NGOs BirdLife International, CEE Bankwatch Network, and the Polish organisations OTOP (the Polish Society for the Protection of Birds), WWF Poland and Polish Green Network – all of whom have vigorously challenged the large-scale development and stressed the existence of alternatives.

The road developments on Via Baltica as they are currently proposed run straight through the Augustow and Knyszyn Primeval Forests and the Biebrza Marshes National Park. [2] All of the areas in question are protected as Special Protection Areas (SPA) under the Birds Directive and are or should be proposed as Sites of Community Importance (SCI) under the Habitats Directive – Europe’s strongest laws for the protection of natural environments.

Clairie Papazoglou, Head of the European Divisionat BirdLife in Brussels said: “NGOs are extremely pleased that the European Commission is expediating its legal action. Urgent action is required given the fact that works already started last week in the Rosupda Valley thus totally disregarding the EU’s nature legislation.”

At the same time NGOs learned yesterday that apparently on February 20 the Polish Ministry of Environment issued a decision allowing the continuation of work in Augustow Primeval Forest SPA during the nesting period of protected birds, from March 1 until July 31 for the three years up to 2009. This includes construction of fly-over bridge in the peatlands in the Rospuda Valley.

Magda Stoczkiewicz, Policy coordinator of CEE Bankwatch Network in Brussels added: “It is very important that the Commission maintains a strong stance on the issue as we see the Polish government continuing to breach European law. There are real alternatives that would allow the building of the Augustow bypass and also the protection of nature. The Polish government should concentrate on this instead of arguing everything is in order.”

Marta Wisniewska EU Policy Officer at.WWF Poland said: “We recognize the need for improved infrastructure in Poland, but any development must follow the EU legal framework.”

Notes for editors: 1. EUROPEAN COMMISSION PRESS RELEASE IP/07/263

2. These areas contain a magnificent array of threatened wildlife including wolf, lynx and both Lesser- spotted and White-tailed eagles. The Biebrza Marshes are also the most important breeding site in Europe for the globally-threatened Aquatic Warbler and the Greater-spotted Eagle.

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