LUXEMBOURG, 21 May 2021 \u2013 The European Court of Justice has ruled that mining at Poland\u2019s sprawling Tur\u00f3w coal mine must cease while the court processes a Czech government lawsuit against Poland for illegally operating the mine. The Polish mine pushes right up to the Czech and German borders and is depleting people\u2019s water supplies and undercutting houses in nearby communities.<\/p>\n
The Czech Republic filed the lawsuit in response to Poland\u2019s decision to grant Tur\u00f3w a licence extension to 2026, and PGE\u2019s request for a further licence extension to 2044, which was subsequently approved by the Polish government despite the absence of a proper public consultation or environmental impact assessment as required by EU law [1]. The mine is located in Poland\u2019s Bogatynia region and is endangering access to safe drinking water for thousands of families on the Czech side of the border and causing subsidence that could damage houses around the German city of Zittau [2]. PGE plans to extend the mine to within 70 metres of the Czech border in 2022.<\/p>\n
\u201cThe licence for Tur\u00f3w was prolonged illegally, and has emboldened PGE to such an extent that it thinks it can ram through a second licence extension for Tur\u00f3w to 2044 without even stopping to answer for its previous transgressions,\u201d <\/em>said Petra Urbanov\u00e1<\/strong>, Lawyer at Frank Bold. \u201cThis ruling shows that the European Court of Justice has no intention of playing along with PGE\u2019s games. The court has rightly acted to prevent a further escalation of the crisis while the Czech Republic\u2019s case is heard. We expect the court to take the same firm approach when it delivers its final ruling.\u201d<\/em><\/p><\/blockquote>\n
In a further twist to the Tur\u00f3w crisis, the European Commission has confirmed that Poland\u2019s Bogatynia region will miss out on EU Just Transition Funds because the Polish government has extended the license for Tur\u00f3w mine beyond 2030 [3]. Poland is banking on being the biggest beneficiary of the 17.5 billion euro EU Just Transition Fund [4], but Polish coal communities risk missing out on these vital funds if PGE and the Polish government refuse to plan to exit coal.<\/p>\n
\u201cThe court\u2019s ruling must be a wake-up call: the European Commission needs to use its power to persuade Poland to respect EU laws, phase out coal, and ensure a just transition for coal regions and communities. They cannot let impacted communities in Poland, the Czech Republic and Germany pay the price for their inaction\u201d <\/em>said Riccardo Nigro<\/strong>, campaign coordinator on coal combustion and mines at the European Environmental Bureau.<\/p>\n
\u201cThis ruling is a welcome reprieve for people living on the front line of this crisis, who have been forced to live with the mine gulping their drinking water and undercutting their houses. The message for polluters like PGE is clear: the rules are the same for everyone, and they are there to protect everyone. There are no exceptions,\u201d <\/em>said Kathrin Gutmann<\/strong>, Europe Beyond Coal campaign director.<\/p>\n
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NOTES TO THE EDITOR<\/span><\/p>\n
[1] The alleged infringements concern the processes for applying for both the 2026 and 2044 license extensions. PGE\u2019s 2044 prolongation application is now in the third and final stage. The previous two stages form part of the Czech complaint to the European Commission and the Court of Justice of the European Union. The final decision from the Polish government on a possible 2044 license extension for Tur\u00f3w is expected by the end of April 2021.
\nhttps:\/\/ec.europa.eu\/commission\/presscorner\/detail\/en\/IP_20_2452<\/a><\/p>\n[2] Expert report on the cross-border effects of the continuation of lignite mining in Tur\u00f3w (Poland) on water in Germany, Dr. habil. Ralf E. Krupp, 2020: https:\/\/drive.google.com\/file\/d\/1qXe951xtCoYb29-qk9dOTSpwwZosl2vG\/view?usp=sharing<\/a><\/p>\n
[3] The European Commission\u2019s position in relation to the Bogatynia region\u2019s case: https:\/\/zpravy.aktualne.cz\/zahranici\/cast-polska-nema-narok-na-zelene-miliardy-z-eu-zni-z-bruselu\/r~2a386ef0b97e11eb99faac1f6b220ee8\/\u00a0<\/a><\/p>\n