Biodiversity campaigners in Europe can claim victory. If Poland continues illegally felling trees in the primeval Bialowieza forest, a Natura 2000 network natural area protected by EU law since 2007 and listed as a UNESCO world heritage site, it could be hit with a daily penalty payment to the Commission of at least €100,000 following an order handed out by the European Court of Justice on Monday evening 20 November (case C-441/17 R).
The Court ordered Poland to comply immediately with the injunction from the Court itself on 27 July 2017 to suspend forthwith all forestry work other than that which is necessary for public safety – including the removal of 100-year-old spruce trees and the felling of trees as part of increasing the amount of timber from the site – while awaiting the Court ruling as to substance, which will be delivered at a later date.
It was an action for failure to fulfil obligations lodged as a matter of urgency by the European Commission against Poland for breaching its obligations under the “habitats” and “birds” directives which led the Court to impose these measures provisionally while awaiting the end of the summary procedure (see EUROPE 11851 and 11829).
In response to the Commission’s further request for the imposition of a penalty payment if Poland did not comply with the terms of this new order, the Court said it had the power to lay down any provisional measure it deemed necessary to ensure the full effectiveness of the final decision. A penalty payment is one of these measures, the Court said.
When asked what could happen if Poland refused to pay penalty and whether payment of European funding might possibly be refused, Commission spokesperson Margaritis Schinas declined to consider any such eventuality at this stage.
“A ruling has been delivered on interim measures. The Commission will decide on how to follow it up to see if the Court order to stop felling is respected. All member states are required to comply with Court rulings and the Commission has a plethora of instruments set out in the Treaty to ensure respect for this requirement”, he responded.
Greens in Parliament and NGOs delighted. The Court order was immediately welcomed by a coalition of 48 nature and bird conservation NGOs. “Enough is enough. EU member states cannot pick and choose which parts of the rule of law are to their liking as if it were a fast food menu. Poland must immediately stop destroying the Bialowieza Forest without any regard. Polish citizens, who largely oppose logging, should not have to pay for the arrogance of their government”, said Ariel Brunner of BirdLife International on Tuesday 21 November.
There was similar satisfaction in the Greens/EFA Group in the European Parliament: “Europe’s last primeval forest can breathe again”, said a delighted Martin Haüsling (Germany), arguing that it is urgent to prevent “an ecological disaster” for the “more than 20,000 species of animals” living in the common good. He added: “It’s difficult to believe the Polish government when it says it is carrying out felling only for public safety. The Commission and the Court of Justice are right to support the hundreds of scientists and campaigners for nature who have long been fighting to preserve this unique jewel of nature”. (Original version in French by Aminata Niang)