The European Court of Justice has ordered Poland to pay a fine of 500,000 euros per day because it did not follow its interim measure and continues mining at Turów, a lignite mine located on the Czech border. Polish. The Czech Republic considers the decision a success but prefers to conclude a deal rather than benefit from fines.

“This is clear proof that the European Court of Justice considers this to be serious damage to the environment. Half a million euros is no small amount, ”said Czech Environment Minister Richard Brabec.

This is the first decision of this type by which the European Court enforces a preliminary ruling previously imposed. In May 2021, the court ordered Poland to immediately stop mining in Turów until the final decision is made.

“We want – and I hope Poland wants the same – to make a deal. It is not just about money, some compensation, but technical conditions that must be met before any further mining, ”added Brabec.

The Czech Republic asks Poland to cover the expenses related to the construction of new sources of drinking water in the affected regions on the Czech side of the border. The Czech Republic also wants Poland to provide all the information available on mining impacts and demand regular checks in the mine.

Negotiations between neighboring countries have been going on for months but to no avail so far. “We are ready to continue negotiating, but the main objective remains. On the Czech side, access to drinking water must not be compromised, ”said Czech Foreign Minister Jakub Kulhánek.

Poor management of the situation

However, the Turów mine – which is currently responsible for 7% of energy production in Poland – will not be closed, Warsaw has confirmed following the European Court’s order.

“[Closure] may threaten the stability of the Polish electricity system, ”government spokesman Piotr Muller wrote in a statement. “No decision of the Court of Justice can violate areas related to the fundamental security of Member States. Energy security belongs precisely to this area, ”he said, adding that the financial sanction decided by the Court is“ disproportionate to the situation ”and“ not justified by the facts ”.

Opposition politicians in Poland criticized the government for not addressing the issue properly.

“Fines for irresponsible government behavior are paid by every Polish taxpayer,” said Polish MEP Róża Thun (PPE). Similar comments came from the Social Democrats.

“€ 500,000 per day is the price of the power-silly behavior of the PiS (Ruling Party for Law and Justice) in its relations with our neighbors to the south,” said MEP Marek Belka (S&D) .

Fines could be higher

Czech MEP Mikuláš Peksa of the Czech Pirate Party (Verts / ALE) told EURACTIV.cz they had “waited for this decision for a long time – and I am happy that in the end justice is not blind in Europe” .

“When governments fail, institutions do not side with the mining lobby and its friends in Warsaw, but side with the European environment and with Czech, German and Polish citizens,” he said. .

However, Czech NGOs suggested that the fines could be even higher, as the Czech Republic had previously requested 5 million euros in daily fines.

“We are concerned that the penalty will be quite low given that Poland has already started weeks ago – they are willing to pay ten times the fees and ignore the court ruling. People continue to suffer environmental damage and their confidence in the European institutions is compromised at an important time for the EU and the climate, ”said Petra Urbanová, Czech lawyer at Frank Bold who has been involved in the case from the start. .

According to Urbanová, the penalties should be increased. She also pointed out that the European Commission can penalize Poland by withholding EU funds.

(Aneta Zachová | EURACTIV.cz, Piotr Maciej Kaczyński | EURACTIV.pl)