The European Court of Justice has ruled that mining at Poland’s sprawling Turów coal mine must cease while the court processes a Czech government lawsuit against Poland for illegally operating the mine. The Polish mine pushes right up to the Czech and German borders and is depleting people’s water supplies and undercutting houses in nearby communities.
The Czech Republic filed the lawsuit in response to Poland’s decision to grant Turów a licence extension to 2026, and PGE’s request for a further licence extension to 2044, which was subsequently approved by the Polish government despite the absence of a proper public consultation or environmental impact assessment as required by EU law [1]. The mine is located in Poland’s Bogatynia region and is endangering access to safe drinking water for thousands of families on the Czech side of the border and causing subsidence that could damage houses around the German city of Zittau [2]. PGE plans to extend the mine to within 70 metres of the Czech border in 2022.
“The licence for Turów was prolonged illegally, and has emboldened PGE to such an extent that it thinks it can ram through a second licence extension for Turów to 2044 without even stopping to answer for its previous transgressions,” said Petra Urbanová, Lawyer at Frank Bold. “This ruling shows that the European Court of Justice has no intention of playing along with PGE’s games. The court has rightly acted to prevent a further escalation of the crisis while the Czech Republic’s case is heard. We expect the court to take the same firm approach when it delivers its final ruling.”
In a further twist to the Turów crisis, the European Commission has confirmed that Poland’s Bogatynia region will miss out on EU Just Transition Funds because the Polish government has extended the license for Turów mine beyond 2030 [3]. Poland is banking on being the biggest beneficiary of the 17.5 billion euro EU Just Transition Fund [4], but Polish coal communities risk missing out on these vital funds if PGE and the Polish government refuse to plan to exit coal.
“The court’s ruling must be a wake-up call: the European Commission needs to use its power to persuade Poland to respect EU laws, phase out coal, and ensure a just transition for coal regions and communities. They cannot let impacted communities in Poland, the Czech Republic and Germany pay the price for their inaction” said Riccardo Nigro, campaign coordinator on coal combustion and mines at the European Environmental Bureau.
“This ruling is a welcome reprieve for people living on the front line of this crisis, who have been forced to live with the mine gulping their drinking water and undercutting their houses. The message for polluters like PGE is clear: the rules are the same for everyone, and they are there to protect everyone. There are no exceptions,” said Kathrin Gutmann, Europe Beyond Coal campaign director.
Petra Urbanová, Lawyer, Frank Bold (English, Czech)
petra.urbanova@frankbold.org, +420 778 777 164
Riccardo Nigro, Campaign Coordinator on coal combustion and mines, European Environmental Bureau (English, Italian)
riccardo.nigro@eeb.org, +32 473 26 38 83
Kathrin Gutmann, Campaign Director, Europe Beyond Coal (German, English)
kathrin@beyond-coal.eu, + 49 (0) 1577 836 3036
Alastair Clewer, Communications Officer, Europe Beyond Coal (English)
alastair@beyond-coal.eu, +49 176 433 07 185
By the end of July, the European Commission is expected to adopt its first set of sustainability reporting standards (ESRS). The standards will impact 50,000 European companies and thousands international corporate groups. As part of the EU Corporate Sustainability Directive (CSRD) ecosystem, they will require large companies to report information on their sustainability impacts on people and planet as well as their sustainability-related risks and opportunities.
Last Friday, the European Commission published for public consultation a draft Delegated Act on the first set of European Sustainability Reporting Standards. NGOs, civil society groups and investors associations are very concerned with the significant reduction of the ambition compared to EFRAG’s technical advice and urge the Commission to introduce a robust, mandatory and consistent reporting framework and to not allow greenwashing.
The Committee on Legal Affairs of the European Parliament adopts improvements on the Corporate Sustainability Due Diligence Directive.
