September 23, 2021

Biology Reporter

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Sprawa kopalni Turów została objęta w TSUE postępowaniem przyśpieszonym. Pierwsza rozprawa odbędzie się 9 listopada - przekazała dziennikarce RMF FM w Brukseli rzeczniczka Komisji Europejskiej. Chodzi o sprawę główną z lutego 2021 roku, w której Czesi zarzucają Polsce, że planowana przez koncern PGE rozbudowa "odkrywki" narusza prawo unijne.

CJEU actions in Turów favorable situation for Poland

The Turów mine case was filed under expedited proceedings by CJEU. A spokeswoman for the European Commission told RMFFM radio in Brussels that the first session will take place on 9 November. It comes to the main issue as of February 2021, with the Czechs accusing Poland that the expansion of an “open mine” planned by PGE violates EU law.

As a journalist founded RMF FM, it was Poland that submitted a request to the CJEU for fast action. It is a suitable solution for Warsaw because Interim measures, i.e. potential penalties, expire at the time of sentencing. So the earlier the sentence is passed – the better – Explains a Polish diplomat in Brussels.

The point is that in the worst case, that is, if the monetary fines demanded by the Czechs (5 million euros per day) are imposed, they will be applied until the verdict in the main case. Due to the accelerated action, it can be expected in the spring. Under the normal procedure, the ruling will be issued as soon as possible at the end of next year, which means Poland will have to pay longer.

Even if the ruling will not satisfy the Polish authorities, it will be There will be nothing in it about stopping coal mining. There can only be a consequence of a breach of an EU directive, which can always be improved, for example, an environmental impact assessment. Then we get into the way the sentence is executed. We are now at a disadvantage, because the possibility of sanctions is still on us – said the Polish diplomat.

As a journalist discovered RMF FM The Czechs were not satisfied with the decision on the expedited procedure. They were against its use when they found out that the court had accepted their request for provisional measures, i.e. the application of penalties. In turn, the European Commission – due to the application of the accelerated procedure – was denied the possibility of submitting a written statement. She will only be able to intervene orally.

In June, the European Commission supported the Czech Republic’s complaint against Poland, and therefore it has the right to speak out. The written offer, however, is more useful because it is longer, you can go into detail and, in principle, is the basis of the procedure.

On July 20, 2021, the Court informed the Committee that the case would be subject to an accelerated procedure, which – due to the speeding up of the proceedings – did not allow the Committee to submit a written statement. The Committee will intervene orally in the November 9, 2021 session. Supplied by RMF FM by the European Commission Press Office.

In the statement sent, the European Commission reiterated that Poland must comply with the temporary measures announced by the CJEU on May 21, i.e. it must suspend coal mining in Turów.

For several years, the Czechs opposed the expansion of the mine at Turów, noting that it might have a negative impact on the groundwater level, and thus It leads to problems in the supply of drinking water to the Liberec region.

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The situation was exacerbated by the decision of the Polish Climate Ministry last year. In March 2020, despite opposition from the Czechs, the mining license was extended for six years.

In early February and March 2021, the Czech Republic filed a lawsuit with CJEU against Poland in connection with the expansion of the mining industry. Environment Minister Richard Brabeck noted this An “extreme solution” but inevitable. He emphasized that if Poland accepted the demands of the Czech Republic and halted expansion, the lawsuit would be withdrawn.

The Court of Justice of the European Union agreed with Czech arguments that further extraction of lignite in the Turów mine until the announcement of the final ruling could have a negative impact on the level of the groundwater table in the Czech territory. This, in turn, may threaten the supply of drinking water on the Czech side. The President noted that Poland intends to finish the construction of the anti-filter screen only in 2023 – it is too late. In addition, it confirms that Poland noticed the problem.

Thus CJEU ordered Poland to stop production immediately. It’s tricky because coal from the mine was the main fuel for the local power plant – the suspension of production would also shut down the blocks.

Prime Minister Mateusz Morawiecki spoke to Czech Prime Minister Andrej Babis at the end of May about Toro. The Polish Prime Minister argued that both sides were on the verge of reaching an agreement and that the Czech Republic agreed to withdraw its application to the CJEU. But Babis denied this and said his government would not withdraw the complaint until an agreement was signed with Poland.

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In June, the Czech government applied to the court for a fine of €5 million for each day of delay in the execution of the death sentence in Poland. On the other hand, the European Commission has joined the lawsuit brought by the Czech Republic against Poland as a party.