Czech parliamentary committee urge government to charge Poland over Turow mine in court
On 29. 4. deputies of the Parliament of the Czech Republic called on the Czech government to actively address the problem of illegal mining in the Polish brown coal mine Turów, which can deprive up to 28,000 citizens of the Liberec region of drinking water. This is happening whilst central Europe is being hit by biggest droughts in 500 years. And just one day before mining in Turow becomes illegal.
This act comes after consideration that European Commission may be observing the case for next year and half while czech citizens are losing water everyday.
Following the debate in the Committee on European Affairs, deputies first adopted a resolution expressing strong concern about the current situation. At the same time, they called on the Ministry of Foreign Affairs to prepare a legal analysis for the possibility of filing a lawsuit to the European Court of Justice against Poland for illegal mining. Later that day the Committee on Environment also adopted a resolution concerning the Turów mine, which carried a very same message. Representatives of the Liberec Region, which is affected by the mining the most and legal representatives Frank Bold Attorneys also took part in both committees, reporting to the deputies about the current state.
At this moment, the Ministry of Foreign Affairs must prepare a legal analysis on the possibility of filing a lawsuit against Poland to the European Court of Justice and present it to both committees by 30 June the latest.
The Turów case was scheduled on these committees of the Parliament of the Czech Republic two days before the end of the current mining license. The mine sits near the German and Czech borders. The mining decision issued in February ensures mining until 2026, but the investor states that the intention is to operate until 2044. The mine should deepen up to 30 meters below the Baltic Sea level, and already in 2023 should approach up to 100 metres from the Czech national border and up to 1 km from the nearest Czech villages. The negative impact on Czech Republic is immense, endangering potable water for almost 30.000 citizens of Liberec Region and dewatering whole ecosystems. Yet, the mining decision was issued without carrying out the environmental impact assessment and despite official disagreement of the Czech Republic.
"According to our analyzes, the mining that will follow after April 30 is illegal as the process of prolongation of the mining contains a number of violations and does not comply with both Polish and EU law " said Petra Urbanová, a lawyer at Frank Bold, a legal company which helps the Liberec region in the Turów case.
Petra Urbanová
Lawyer at Frank Bold
+420 778 777 164
This email address is being protected from spambots. You need JavaScript enabled to view it.
Sources:
Parliamentary committee for European affairs: https://www.psp.cz/sqw/hp.sqw?k=500
Parliamentary committee for enviroment:
https://www.psp.cz/sqw/hp.sqw?k=4600
Press release of Liberec region: https://www.kraj-lbc.cz/aktuality/poslanci-jsou-nelegalni-tezbou-v-nbsp-dole-turow-znepokojeni-na-podnet-libereckeho-kraje-vyzvali-vladu-cr-k-nbsp-zahajeni-kroku-pro-moznost-podani-zaloby-na-nbsp-polsko-nbsp-n1074488.htm
Media coverage: https://www.denik.cz/ekonomika/poslanci-vyzvali-vladu-zalujte-polsko-kvuli-dolu-turow-20200502.html
https://www.novinky.cz/ekonomika/clanek/zalujte-polsko-kvuli-turowu-zada-po-vlade-liberecky-kraj-40321975
Context:
Polish authorities granted a six-year permit on 23rd March 2020 and a second procedure to expand the mine and continue mining until 2044 is currently under consideration. Lack of transparency, mishandling of objections, violation of EIA, SEA and Water Framework directives were the features of decision-making. Citizens and the government of one EU country are hopelessly alerting to EU law violations in this trans-boundary project.
Located on the border between Poland, Czechia and Germany, the mine is expected to expand as close as 1 km from the closest Czech village, putting in danger potable water for up to 30.000 Czech citizens and dewatering of local ecosystems.
European commission opened a PILOT proceeding, however irreversible damage to ecosystems, property and people is at stake and fast action is needed. The Corona crisis is showing us that we need greener and more resilient societies and economies to prevent other Future crises. The Turow project is going in the opposite direction. The Commission has a mandate and tools needed to push for adherence with EU law and policy coherence with climate commitments, including the EU’s climate neutrality objective and the European Green Deal.
How long will the Polish state-run company PGE be able to extract coal while violating EU law, disregarding objections of affected people and governments, causing severe shortage of water and ignoring calls for redress, particularly in the northern region of Czechia?
In the past months a lot of effort has been made to intervene on the Commission to take steps against the violation of law in the Turow case. Especially members of European parliament from different countries and fractions asked several questions and then appealed to the Commissioner and to the President of the European Parliament to act in this case, hold a press conference and even visited the neighbourhood. We know the Commission is watching the case closely. In February Mr Sinkievicius stated that until there is any decision made, there is no violation. But this has changed. The decision has been made and not a lawful one, the mining starts tomorrow and only fast action can protect thousands of people from losing their potable water day by day. Once more we ask you to act and ask Commissioner Sinkievicius to initiate an infringement procedure against Poland.
Fot: (c) Greenpeace - Petr Zewlakk Vrabec
