EU to take Poland to court over highway plan

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By Filipe Rufino
- 26th February 2007

Brussels is set to start legal action against Poland on 28 February for its plans to build a segment of the Baltic highway over a natural reserve.

Located in northeast Poland, the Rospuda valley is a unique forest in Europe and building the highway through it would breach EU law, the commission argues.

Brussels is set to send a “reasoned opinion” to Warsaw - the first step of the legal process - on 28 February.

A spokesman from the European court of justice, the EU’s top court, told this website the case is admissible.

Poland’s environment minister, Jan Szyszko, and the EU’s environment commissioner, Stavros Dimas are set to hold talks on 26 February in Brussels.

Meanwhile, Polish prime minister Jaroslaw Kaczynski suggested on 23 February that a regional referendum could decide the fate of Rospuda.

The idea has raised concerns among legal experts, as it suggests local referenda would be superior to EU law.

“You cannot hold a referendum on an issue that could violate EU law,” said Piotr Winczorek, a professor at Warsaw University.

A spokesman from the Polish permanent representation to the EU was unavailable for comment.

The Rospuda valley is designated as a European Natura 2000 site for its outstanding biodiversity values.

It provides habitat for the endangered and protected Lesser-spotted Eagle and White-tailed Eagle, Capercaillie, lynx, wolf and others, CEE Bankwatch Network says.

Green MEPs Michael Cramer and Eva Lichtenberger said the Polish government is on the verge of committing “an environmental crime”.

They also said there are “alternative routes for the 'Via Baltica', which would not have such devastating environmental consequences”, such as a train connection.

Coordinators from the European parliament petitions committee will discuss tomorrow a possible fact-finding mission to the Rospuda Valley.

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