Poland
The plan of constructing the Via Baltica expressway through the protected and unique wetland and forest ecosystems of North – East Poland has been a controversial issue for many years. Since 2002 Polish environmental NGOs such the Polish Society for the Protection of Birds (OTOP), WWF Poland and the Polish Green Network have been concerned by the Via Baltica plans and have initiated activities for nature protection in the area of Podlasie region where the road has been planned.
One of the sections of the Via Baltica expressway, the bypass of Augustow city, was supposed to cut through Augustow primeval forest and the wetlands of the Rospuda River Valley. The value of this area had already been proven by natural science experts and protected by Birds and Habitats Directives.
Due to very serious concerns that the project had not complied with the required EU laws, a coalition of Polish NGOs submitted a complaint to the European Commission in 2006. The Commission then started to investigate the case and when it was unable to resolve the situation through informal contacts with Polish government, it began a legal infringement procedure in December 2006.
In the meantime, Polish Ombudsman supported the NGOs complaints against the consent for the Augustow bypass taken by the Podlasie Voivode. Nevertheless, the Minister of Environment supported the decision of Podlasie Voivoide decided to support the route though the Augustow Forest and the wetlands of Rospuda Valley.
Poland has received a ‘first written warning’ from the European Commission concerning eight individual road projects in North-East Poland on the Via Baltica route and joint national roads (new roads, bypasses or upgrades for example) on the basis that while authorising these projects, Poland breached several provisions which aim to mitigate deterioration of natural sites of European importance.
Poland failed to provide a satisfactory response to the European Commission and to the contrary in February 2007 gave contractors the green light for starting work for the Augustow and Wasilkow Bypasses. It is not understandable why at that time Polish national and regional authorities were forcing the environmentally controversial route whilst more environmentally friendly, and less costly alternative had been available. Consequently, the conflict with the environmental movement reached a peak and the issue got a lot of media attention. The environmental decision of the Minister Jan Szyszko for the Augustow bypass was questioned by Polish NGOs and the Polish Ombudsman who brought this decision to the Regional Administrative Court.
In order to prevent the construction works in the protected areas, environmental NGOs including Polish Greenpeace, placed a camp on the route of the planned road in the Augustow Forest. At that time the Polish Green Party (Zieloni2004) had been very involved in raising the issue in the media and mobilising citizens by organising many demonstrations all over Poland. Many people, including famous scientists, politicians, artists, etc. supported the actions for the Rospuda River Valley. Demonstrations were also organised abroad, including events in Brussels supported by the Green Members of the European Parliament and Greens all over the Europe. Furthermore, thousands of letters have been sent by Polish and other European citizens to the Polish regional and national authorities as well as European Institutions.
The camp in Augustow Forests was functioning until the 1st of March. This was because a bird protection period begins and construction work is forbidden (due to the noise caused). Despite this protection period, the Polish Minister of the Environment made an exception from this environmental rule and actually allowed for noisy construction work and consequently the destruction of birds habitats. This decision has been also questioned by the Polish Ombudsman.
On the 28th of February the European Commission decided to send Poland a second warning. As Polish authorities remained unmoved, the European Commission referred the case to the European Court of Justice in March 2007.
In parallel, in mid March, the complaint concerning the ministerial environmental decision to the Augustow bypass was sent to the Regional Administrative Court by environmental NGOs.
The European Court of Justice stopped the governmental nature compensation programme (which consisted of the forestation of the kserothermic grasslands in another region, protected by the Habitats Directive) and then it started to examine the main case of Augustow and Wasilkow Bypasses. The case is still under investigation by the European Court of Justice. The Polish Regional Court has halted the planned construction works on Augustow Bypass within the boundaries of the Natura 2000 site to prevent irreversible damage to nature.
In October 2007 the Regional Administrative Court in Warsaw suspended the building permission for the Augustow bypass within the Natura 2000 site until the complaint made by NGOs and individual persons were investigated.
After the Regional Administrative Court cancelled the environmental consent in December 2007, the Polish Road Agency appealed to the Supreme Administrative Court.
Finally in September 2008 the Supreme Administrative Court ruled that the bypass of Augustow city planned to cut pristine wetlands in Rospuda river Valley within a protected Natura 2000 site is illegal.
The fact that protected areas of Rospuda Valley and Augustow Forests have been saved so far, is the result of mobilising various movements at the same time, including the enormous activism of the Polish environmental movement; making coordinated action between all advocates of the threatened natural sites on different policy levels.
Summary: Katarzyna Slodczyk, katarzyna.slodczyk@europarl.europa.eu, 21-11-2008
Based on the information available on the website of OTOP (Birdlife Poland) http://www.otop.org.pl/ and provided by Małgorzata Górska - Important Birds Area Casework Officer at OTOP.