Rospuda Valley: Poland on a ‘collision course’ with the European Commission – preparatory construction continues despite European Court of Justice case.
On 9 February 2007, the Podlasie voivod (district) issued the final required building permit for construction of the Augustow City Bypass. This bypass runs through the pristine Rospuda Valley, which is part of the Natura 2000 site “Augustow Primeval Forest”. Numerous spontaneous actions for protection of the valley erupted all over the country, including pickets, concerts, open letters, petitions, “green ribbons”, a billboard in front of the Ministry of Environment, and more.
Particularly spectacular was the tent camp at Augustow Forest. During several weeks, campers watched the site, opposing the felling of primeval forest on the way to Rospuda Valley. Despite temperatures reaching -20°C the camp was filled with hundreds of people from Poland and abroad. The forest and fens were guarded until 1 March when the yearly ban on noisy work during breeding season got into force. This ban will last until the end of July.
The Polish Ombudsman applied against the building permit as it runs against the right of all Polish citizens to benefit from sustainable development. He also shared concerns about various legal aspects of this investment.
During the second half of February the construction works started officially, with land measurements and markings along the route of the bypass. This not only further raised the already very high media interest in the issue, but also stimulated the European Commission to send a final written warning, the so-called Reasoned Opinion, to the Polish government at the end of February. The EC called upon the Polish government to discontinue the project until all legal concerns were clarified. As the Polish government merely insisted that the project is legally sound, Brussels decided to refer the case to the European Court of Justice.
The commission’s appeal was accompanied by an application for compensatory measures to be implemented on a site in the “Sejny Lake District” neighbouring the Augustow Forest. These measures included the idea to plant a forest on the existing open areas in order to compensate for the lost habitats of Hazel Grouse (Bonasia bonasia). But these open areas themselves support habitats protected by the EU Habitats Directive (xerothermic meadows - *6120/6120 and quacking mires – 7140) as well sites with Habitat Directive species Pulsatilla patens and Thesium ebracteatum. The NGO Save Wetlands Association noticed this and raised concerns first with the Polish decision-makers and then – when this was unsuccessful – with the European Commission. On 18 April the European Court of Justice decided that Poland must not start or suspend any activities on these habitats until the case is clarified in terms of compliance with the requirements of the Habitats Directive.
Noisy works are forbidden in “Augustow Forest” Natura 2000 sites during the birds breeding season (1 March – 31 July). Major preparatory works with heavy machinery are currently being carried outside the protected sites, however, like tree and scrub clearance, earthworks, etc. After the breeding season on 31 July, the Polish Roads Agency will likely start works within the Natura 2000 site, including irreversible felling of primeval forest alongside other heavy works. If these works are not suspended at an early stage, they will effectively determine the route of this road section. This is why the European Commission will send another application to the European Court of Justice for suspending the construction works in the protected site until there is a final judgement of the court on the compliance of the investment with the Habitats Directive. It usually takes the court about 1,5 years to issue such an official judgement.
Camp at Augustow Forest
Picket in Suwałki.
In the meantime high diplomats visited the valley to learn more on the case and see the most famous peatland in Poland. While embassy representatives of 7 EU Members States visited, the invited NGOs were blocked on the road to the valley by a car belonging to the chief of the Social Committee for Building and by a car belonging to the General Directorate for National Roads and Motorways…
