Tomisławice lignite mine

13.2.2019

Question for written answer E-000836-19
to the Commission
Rule 130
Benedek Jávor (Verts/ALE)

The Commission is still conducting an infringement procedure (No 2008/4796) opened in 2010 against Poland in accordance with Article 258 TFEU, concerning irregularities in the assessment of the environmental impact of open-pit mines.

It issued a summons to Poland in 2010 calling for removal of the irregularity. This was followed by two reasoned opinions in 2012 and 2017. Since January 2018 the Tomisławice lignite mine has been operating without a valid water permit for permanent lowering of the underground water table. In August 2018 the water permit was annulled by the Polish Central Water Authority.

On 18 January 2019 a local authority appeal body (Samorządowe Kolegium Odwoławcze w Koninie) upheld the environmental decision for the mine, despite a letter from the Commission from October 2017 showing that the decision was issued in breach of the EU acquis and that the mine threatens Natura 2000 areas. One and a half years have passed since the last reasoned opinion was issued in June 2017.

In view of the exhaustion of the measures contemplated in Article 258 TFEU and the constant infringements committed by the Polish authorities, does the Commission intend to close the proceedings and refer the case to the Court of Justice of the European Union, and if so, when?