Polska wersja

Via Baltica road through the Rospuda Valley illegal

Warsaw, September 16, 2008 – The Highest Administrative Court (NSA) in Poland has ruled that the section of “Via Baltica” expressroad (the bypass of Augustow city) planned to cut pristine wetlands in Rospuda river Valley within a protected Natura 2000 site is illegal.

The judgment of the court is the result of an appeal by Polish ecological NGOs, the Polish Ombudsman and the regional prosecutor against the environmental consent for Augustow Bypass. The bypass was planned through unique mires in the Rospuda River Valley in “Augustow Primeval Forest” Natura 2000 site, without proper environmental assessment and consideration of alternative routes as is required by the European Habitats Directive. After a lower level court cancelled the environmental consent in December 2007, the Polish Road Agency appealed to NSA. Today the NSA confirmed the lower courts decision and cancelled the consent.

This decision is a huge step in the campaign for proper consideration of nature protection during the development of transport infrastructure in Poland. Now, it is only a matter of time until the final decision (the building permit) for this road section will also be cancelled. Then the Road Agency will have to start the planning procedure for the road again and comply with the requirements of art. 6 of the Habitats Directive. This provision sets out the rules which apply when projects are planned in Natura 2000 sites and is what the NGOs have been highlighting since Poland joined the EU.

A new environmental assessment for the road examining three different routes – two around rather than through the Rospuda Valley - was already started in mid 2008 as a result of the new Polish Minister of Environment’s initiative – the ‘Round Table’ meetings to seek a compromise solution for Augustow Bypass. The Polish NGOs, representatives of ministries, the Road Agency and local authorities all participated in these meetings. The results of the new assessment are expected at the end of November 2008.

The Via Baltica case has been also investigated by the European Commission. When the Commission was unable to resolve the case through informal contact with Polish government in December 2006 it opened legal proceedings against Poland on 8 road projects. Then when Poland started to construct Augustow Bypass and one of the other projects the Commission referred the case to the European Court of Justice. The Bern Convention and the European Parliament have both also expressed the opinion that nature protection legislation has to be properly followed during planning of the Via Baltica Pan-European Transport Corridor.

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