Irregularities in the assessment of the environmental impact of open-pit mines in the area of Ostoja Nadgoplańska, Poland

20.6.2018

Question for written answer E-003358-18
to the Commission
Rule 130
Benedek Jávor (Verts/ALE)

In 2010, the Commission opened an infringement procedure (no 20084796) against Poland concerning irregularities in the assessment of the environmental impact of open-pit mines which affect the Natura 2000 area of Ostoja Nadgoplańska.

The Commission has sent a formal notice to Poland, calling for the termination of the irregularities, and has issued two reasoned opinions.

Since 1 January 2018, the KWB Konin S.A. mine has been operating without a valid water permit for permanent lowering of the underground water table due to the need to remove water from the Tomisławice open-pit lignite mine.

1. Considering that the measures enshrined in Article 258 TFEU have been exhausted, does the Commission intend to close the proceedings and refer the case to the Court of Justice of the EU and, if so, when?

2. The length of the procedure is not conducive to ensuring the necessary protection of the affected Natura 2000 area. Can the Commission clarify its reasons for this delay in taking a decision to close the proceedings?

3. Can the Commission provide examples of action taken by the Polish authorities that demonstrate a commitment towards preventing further infringements, and thus provide grounds for closing the proceedings?