Construction of illegal power plant in Opole, Poland (infringement proceedings against Poland for delay in the transposition of Directive 2009/31/EC)

29.7.2013

Question for written answer E-009110-13
to the Commission
Rule 117
Jo Leinen (S&D) , Chris Davies (ALDE) , Bas Eickhout (Verts/ALE) , Gerben-Jan Gerbrandy (ALDE) , Sabine Wils (GUE/NGL) , Sirpa Pietikäinen (PPE)

1. Member States should have transposed Directive 2009/31/EC by25 June 2011. In July 2011 the Commission launched infringement proceedings against Poland for delay in the transposition. Has the Polish Government replied to the Commission’s letter of formal notice, and, if so, was its reply satisfactory? If not, has a reasoned opinion been submitted to the Polish Government?

2. How long is the Commission prepared to wait for Poland to ensure the proper transposition of Directive 2009/31/EC before referring the case to the Court of Justice?

3. Is the Commission aware that Poland has failed to ensure that either the competent authority or the plant operator has assessed whether the planned two new units at the Opole power plant, each capable of generating 900 MW, are ready for the environmentally safe capture and geological storage of CO₂ (CCS-ready), as required by Article 33 of the directive?

4. Does the Commission share the opinion of the Polish Regional Administrative Court and Supreme Administrative Court that, owing to the non-transposition of Directive 2009/31/EC into Polish law, neither the competent authority nor the investors are legally obliged to conduct an assessment of whether a new combustion plant is CCS-ready, even if it meets the criteria listed in Article 33 of the directive?

5. Is the Commission aware that, despite the fact that the investment planned by the Polska Grupa Energetyczna (PGE) at the Opole power plant (for the construction of two new units, 900 MW each) is non-compliant with the requirements of the directive (given that no assessment has been made of whether the new units are CCS-ready), Polish Prime Minister Donald Tusk has announced that construction is to begin this summer, thereby creating facts on the ground that will irreversibly be in breach of EC law?

6. Is the Commission aware of any planned or ongoing construction of other combustion plants that do not comply with the directive’s provisions regarding CCS-readiness assessments?

OJ C 88 E, 27/03/2014