Brussels, 31/07/2007 (Agence Europe) - The European Commission's request to the Court of Justice, on 30 July, for an injunction to prevent Poland resuming roadwork on 1 August on a motorway section in the Rospuda Valley (EUROPE 9479) has had immediate effect. The Polish authorities lost no time in announcing their intention to halt the project, at least for the 40 km of Via Baltica motorway that crosses a unique natural habitat area protected by European legislation on nature conservation.
“There is no way to stop the European Commission. At this moment we need to show restraint to win the process (…). After a victory, we will be able to return to this construction”, said Jaroslaw Kaczynski, Poland's prime minister, cited by AFP.
The European Commission needs more than just a statement from Mr Kaczynski, who was speaking during a radiobroadcast interview, to stop its legal proceedings. Answering questions by the press on the Commission's intentions given this new situation, Barbara Helfferich, spokeswoman for Environment Commissioner Stavros Dimas, said on 31 July that the Commission expected a formal statement from the Polish authorities, notifying their decision to give up a project that is potentially devastating for plant and wildlife. The project has been the subject of infringement proceedings since March and the Court of Justice has not yet ruled on the substance of the case. “We have not received an official government communication. We learnt a statement had been made on the radio. If the situation changes, as we hope it will, the Commission will take its decision” (Ed: to give up its request for preliminary measures in Court) in the light of an official Polish government statement, Ms Helfferich said.
Less circumspect, David Hammerstein, MEP and member of the European Parliament's petitions committee (currently in Rospuda Valley), welcomes the Polish prime minister's announcement. 'This proves that a clear and firm defence of Community law is the only way to counter violations of European environmental law and EU values (…) The only language some member states understand is the one of emergency legal action and the possibility of heavy financial fines”, he said, congratulating the Commission on its firmness and the many Polish NGOs that have “bravely fought” against the government project. Mr Hammerstein said he hoped “this will set a precedent for a stronger commitment to the needed defence of Nature 2000 areas all over Europe”.
We recall that the European Parliament's petitions committee had recently adopted an assessment report on the Polish Via Baltica, based on the results of a fact-finding mission on the ground (EUROPE 9471). It had called on the Commission to refer the matter to the Court of Justice as quickly as possible. (an)