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
Due diligence is a precondition for the sustainable activities as defined by the EU Taxonomy and green financing under the Sustainable Finance Disclosure Regulation, including green bonds. Particular ESG due diligence requirements will be regulated by the forthcoming Sustainable Corporate Governance Directive. To help companies better understand its scope and to clarify its requirements, Frank Bold is hosting a webinar. It will feature international experts from companies such as Ericsson and outdoor clothing manufacturer Vaude. We invite you to join us on 26 January at 10 am CET.
In mid-December, the European Commission acknowledged a large part of the arguments put forward by the Czechia in an effort to prevent the expansion and continuation of illegal mining at the Turów mine in Poland, that endangers the sources of drinking water for thousands of people in the Liberec region and, according to new studies, has serious impacts on groundwater in Germany as well. Frank Bold's lawyers, who defend the interests of Czech citizens, have long been involved in the case.
The Frank Bold Society and the Neighbourhood Association Uhelná called on the Czech government today to be more consistent in its negotiations with Poland over mining at the Turów brown coal mine. According to both organisations, the government did not have enough information or time to prepare an agreement that would truly protect Czech interests. Moreover, the government has acted in a non-transparent manner by failing to inform the public in advance of the terms of the agreement being prepared, which should lead to the withdrawal of the action against Poland at the EU Court of Justice. The organisations have therefore drawn up a document with seven basic demands on which the Czech side should insist.
