Environmentalists Protest Highway Plans Across Polish Peat Bog

[hkskyline]

Environmentalists protest plans for highway across rare peat bog in Poland
18 February 2007

WARSAW, Poland (AP) - Hundreds of environmentalists on Sunday protested the planned construction of a highway that would cross one of Europe's rare peat bogs.

Polish authorities have approved plans to construct a section of the Via Baltica highway, linking Poland to Finland, that would cross a protected peat bog area off the Rospuda River in the northeast of the country.

The decision, approved Feb. 9, violates a European program that protects rare ecological environments. The European Union's executive office has demanded an explanation from Warsaw and threatened sanctions if the project goes ahead.

The government recently replied to the European Commission, saying that delaying the construction would threaten Polish plans to build a badly needed network of highways.

Holding banners that read "The Government or Nature -- The Choice is Yours," and "Hands off Rospuda," some 100 protesters gathered near one of the presidential residences, the Belvedere, in downtown Warsaw. They also gathered signatures for a protest letter to the government arguing the highway should bypass Rospuda.

Similar protests were held in Szczecin and Gdansk, on the Baltic coast, and in the southern city of Krakow.

The environmentalists argue that the presence of heavy construction equipment and the planting of support pillars will destroy dozens of rare plants and animals found only in the bog.

On Sunday, Environment Minister Jan Szyszko was to meet opponents and supporters of the highway gathered in the Rospuda Valley, where Greenpeace activists have been camping for a week in protest of the planned construction, which is to start in the coming weeks.

[ikrys]

ITS ALL ABOUT THE ROSPUDA VALLEY WHICH IS IN
EUROPEAN NATURA 2000 NETWORK

http://viabalticainfo.org/IMG/jpg/Rospuda_valley_road_alternatives_620pix.jpg
I show you closer,whats the problem is,Look below picture
The blue line is independent road designers variant of the Augustow bypass and orange line is GDDKiA variant of the Augustow bypass,GDDKiA is the General Directorate of National road and Motorways
Red lines are the existing national roads,orange tiny lines are existing voivodeships roads
http://www.siskom.waw.pl/rospuda/a-s-porownanie.PNG


here you've got blue variant area




http://img221.imageshack.us/img221/6452/image088cp8.jpg

http://img221.imageshack.us/img221/5736/image092bl4.jpg

http://img223.imageshack.us/img223/808/image098ij4.jpg

And here is red area,chosen by General Directorate of national road and Motorways

http://darz-bor.info/foto/albums/folder/Zdj%C4%99cia_lotnicze/rospuda-2.jpg

http://bi.gazeta.pl/im/1/3505/z3505071G.jpg

http://images20.fotosik.pl/78/efc3d45430f7d4df.jpg
------------------------------------------------------------------------
Augustów Forest with the unique Rospuda River Valley - an Important Bird Area (IBA)

----------------------------------------------------------------------


Latest: The contrator was chosen and tomorow he could to start the works of Augustow bypass -GDDKiA variant

http://bi.gazeta.pl/im/1/3898/z3898891X.jpg

[CborG]

If they can avoid to go through that national park, they better do so. that kind of almost untouched nature is very rare in Europe.

[ChrisZwolle]

However natural areas importance is always exaggerated by environmentalists, they'd better go around this area.

It looks to me, this will gonna be a very quiet motorway.

[hkskyline]

EU to seek court injunction against Poland in highway dispute
26 February 2007

BRUSSELS, Belgium (AP) - The European Union's top environment official said Monday he would seek a court injunction to suspend construction of a highway in Poland, which is to run across a peat bog protected under EU habitat laws.

Environment Commissioner Stavros Dimas said that the EU's executive office would have no other option but to sue Poland at the EU's highest court if it goes ahead with the project.

A court injunction is a rare measure in environmental issues, underlining the seriousness of the latest disagreement between Poland and the EU executive.

"We intend to send to Poland a second warning in the coming days and to bring the case to court to ask for suspension of the works before irreversible damage has been done," Dimas told reporters after meeting Poland's Environment Minister Jan Szyszko.

He said Szyszko indicated that Warsaw would go ahead with the project, which the Commission says ignores EU rules.

"It appears they will go ahead," Dimas said. "It is clear that fundamental requirements under EU legislation have not been respected."

Szyszko said Poland would stand its ground, adding that Warsaw was not afraid of being sued at the European Court of Justice in Luxembourg.

"I am convinced that Poland has acted in accordance with laws and its interests," he said.

Polish Prime Minister Jaroslaw Kaczynski said Friday he was in favor of allowing local residents to decide in a referendum whether the controversial road project across the Rospuda River valley in northeastern Poland should go ahead.

Polish authorities have approved plans to construct the 17 kilometer (10 mile) section of the Via Baltica highway, linking Poland to Finland. For 500 meters (yards), the road would cut through a protected peat bog in an effort to bypass a nearby town.

The decision, approved Feb. 9, has provoked protests from environmentalists, who have camped in treetops in the valley.

Kaczynski said that bowing to environmentalists would threaten the entire plan to build some 7,000 kilometers (4,000 miles) of badly needed highways in Poland by the year 2020.

The Commission could impose a multimillion euro (dollar) fine on Poland if it gets the injunction and Warsaw still goes ahead with the project.

[gladisimo]

Well if they can, it's best to go around, not just because environmentalist are pissed about it, I have apart of me that likes nature too =)

[ChrisZwolle]

Maybe they can use noise-reducing pavement. They use that often in The Netherlands. I once biked right next to a single lane road and i almost didn't hear the cars! On motorways ofcourse, you hear more, because of the higher speeds, but that pavement produces way lesser noise than concrete, which is the worse in noise production, but the best in durability.

[ikrys]

Noise-reducing pavement,you mean silent mastics asphalt (SMA)?
SMA is reducing noise about 4-6 dB lesser than conrecte and if we use screens that reduce noise 20dB
Whatever on this bypass is already designed SMA and screens as weel but it not stop the Environmental damages
There are about 5000 traks ride trough the Augustow Town every day,the bypass is needed now...Everything is ready to start built at non-ecological variant. And as I sad there is an alternative

[ikrys]

from NATURE

European Commission fights for rare Polish wetland
Mega-expressway may threaten endangered birds.


Sophie Stigler

The Rospuda valley: home to rare plants and animals, or a highway bypass?
Kamila Brzezinska, Save Wetlands Association
Conflicts between environmental goals and construction work may be a dime a dozen. But it isn't very often that the European Commission threatens a government with a court injunction to make road workers step down in favour of preserving nature.

That's what's happening in Poland, in a fight over a highway bypass due to be blasted through the Rospuda valley: a forested area home to a unique wetland system, many rare orchid and moss species, and endangered birds such as cranes and white-tailed eagles.

The bypass is supposed to upgrade an expressway through Lithuania, Latvia and Estonia, called Via Baltica, which links Warsaw and Helsinki. The 260-million-euro project, due to be completed by 2010, is considered economically vital for the poor northwestern part of Poland. But environmentalists say the expressway threatens to seriously damage a nature reserve designated as a 'special protection area' under the European Union's wild-bird directive.

When in February Polish authorities gave road contractors the green light, the nation was moved to protest. Several scientific bodies have lodged complaints, among them the biology faculty of the University of Warsaw.

Despite a warning that the European Commission issued last December, roadworks and clearing for the project began two weeks ago. "We had to accelerate our normal procedure, because something irreplaceable was about to be destroyed," says Barbara Helfferich, a spokeswoman for the European Commission's environment directorate. On 28 February, the European Commission threatened to file an injunction at the European Court of Justice if Poland failed to respond within one week, and construction activity was suspended.

The Polish government has responded, but says their road does not violate European law. Poland is "open to dialogue with the European Commission", says a spokesman for the ministry. It is unclear if and when construction will resume.

Almost pristine

Rospuda valley contains "a rare mosaic of unspoilt habitats", the Commission says. One of these habitats is a uniquely preserved groundwater-fed mire or fen, once typical of many lowland regions in central Europe.

"Human settlement and agriculture have turned most of Europe's fens into skeletons," says Hans Joosten, a mire ecologist at the University of Greifswald in Germany, and secretary general of the International Mire Conservation Group. Joosten is currently drafting a report on request of the European Commission about the mire's ecological value. "Rospuda is the last fen in central Europe that has remained almost pristine. It shows us how such ecosystems have evolved in the last thousand years," he says.

"Rospuda valley is probably the last reference system [of its type] in Europe for restoration ecologists," agrees Wiktor Kotowski, president of Save Wetlands, a Polish environmental group.

Scientists find it hard to predict exactly how harmful the road would have been for the valley. But they do know that it would have reduced breeding areas for already rare bird species. "In the long run [such a road] might destroy the water cycle and thus the whole ecosystem," says Joosten.


ADVERTISEMENT

Nature conservation has little priority in Poland, says Kotowski. "Most people don't understand that we either have to protect our heritage or we will lose it." Instead of choosing an alternative route, Poland had offered to compensate the damage by planting trees, creating ponds and restoring wetlands. But the European Commission considered these measures "weak and unconvincing".

If Poland continues road works in the protected site without Brussels's permission, the European Commission says the next step would be to take the case before the European Court of Justice.

[ChrisZwolle]

European Union should stick to international cases in my opinion.

[ikrys]

EU
European Commission takes Poland to court to protect threatened wildlife habitats (21.03.2007)

The European Commission is taking Poland to the European Court of Justice over the construction of the Augustow and Wasilkow road bypasses through the Rospuda Valley.

The construction of the two roads would damage important nature areas like primeval woodland and other natural habitats of European importance. The Commission supports the upgrading of road infrastructure in Poland but it does not accept the unjustified irreversible damage that will be caused by the bypasses.

As work has started on these two construction projects the Commission is equally asking the Court of Justice for interim measures to ask Poland to suspend the works immediately.

EU Environment Commissioner Stavros Dimas said: "It is with regret that the Commission is bringing this case to the European Court of Justice. But this course of action is necessary if these precious natural sites of European significance are to be protected from irreparable damage. The Commission cannot accept the loss of such precious natural heritage."

Unsatisfactory response to final warning on bypasses

In February 2007 the Polish authorities gave contractors the green light to start construction work on bypasses in important nature sites in the Rospuda river valley and Puszcza Knyszynska in north-eastern Poland.

As a result the Commission accelerated an existing infringement procedure against Poland on the Augustow and Wasilkow bypasses. Poland failed to respond satisfactorily to the Commission's final warning of 28 February.

The Commission is thus taking early action against Poland in the European Court of Justice requesting that it issue an order suspending the work on the projects.

Poland gives green light to projects despite Commission caution
The polish authorities gave the official green light for the two construction projects despite the Commission having sent Poland a first warning letter in December 2006 for eight road projects in the north-eastern part of the country - including the Augustow and Wasilkow bypasses.

The 17.1 kilometre Augustow bypass would involve building an expressway which would cut through the Rospuda river valley. The valley contains a rare mosaic of unspoilt habitats within one of the largest and best maintained primeval forests in Central Europe. The expressway would cross a unique wetland system considered to be of exceptional European value by scientists.

The valley is a Special Protection Area (SPA) designated under the Wild Birds Directive and should also benefit from protection under the Habitats Directive on account of its rare habitats, although Poland has not yet designated it. The final construction permit was issued on 9 February 2007.

On the same day the developer announced that work would start by the end of February.
Poland denies that European nature legislation requires it to protect this site by cancelling the project. The Polish authorities claim that by assessing the damage the project will do, looking at alternatives and offering compensatory measures it has complied with all protection requirements.

Proposed compensatory measures include taking some forest out of production, creating ponds, blocking small streams to bring up water level in drainage channels, planting trees, and restoring and managing wet meadows.

They argue that the project is of overriding interest on road safety grounds.
The Commission considers that Poland has a duty to protect this site and that assessments and examination of alternatives are weak and unconvincing.

The Commission considers that road safety could be adequately addressed by other routes that would constitute valid alternatives, thus avoiding irreparable damage to this protected site. As for the compensatory measures offered, these do not offset the destruction of unique natural features.

The 5.2 kilometre Wasilkow bypass would run in part through another SPA which contains habitats protected under the Birds Directive and should be designated as a Site of Community Importance under the Habitats Directive.

Despite this the final construction permit was issued on 2 February 2007 and tree-cutting started on 15 February 2007. Poland accepts that the SPA requires protection but claims it has properly assessed and approved the project, and has offered sufficient compensatory measures.

The Commission considers the assessment is not adequate to justify the decision to cause significant environmental damage.

More information about EU nature protection policies is available at:
http://europa.eu.int/comm/environment/nature/home.htm

[hkskyline]

Polish PM: ecology cannot be used as "weapon" against development, backs disputed highway
22 April 2007

WARSAW, Poland (AP) - Poland's prime minister said Sunday that ecology must not be used as a "weapon against development," reinforcing his support for a planned highway that would slice across a peat bog and has angered Brussels.

Polish authorities have approved plans to construct a section of the Via Baltica highway, linking Poland to Finland, that would cut through the protected peat bog for 500 meters (yards) as it bypasses a town.

The European Commission is taking Poland to the EU's top court to prevent construction of the highway, arguing it violates a European Union program protecting rare ecological environments.

Prime Minister Jaroslaw Kaczynski brushed aside the EU's case on Sunday, saying Poland is "clearly right on this issue, and there is no reason not to build the highway."

Speaking in the northeastern city of Bialystok, Kaczynski said ecology was "very important," adding that "Poland has made great strides in the past 15 years" in cleaning up and protecting the environment.

But he said that "you cannot use ecology as a weapon against development," and warned that putting ecology first could cripple Poland as it tries to catch up economically with its western neighbors.

"In our country you wouldn't be able to build anything, or you would only be able to build at extremely high cost," he said. "We have to take care that Poland's development is cheap, because only then can it be fast."

He added that people working to block development on environmental grounds are "hurting Poland's future."

"If we accept the stance proposed by ecologist radicals, and by part of the media, then we won't change Poland," he said. "We are going to drag behind in Europe, we are going to be weaker than others."

[hkskyline]

Poles vote in referendum on controversial highway

WARSAW, May 20, 2007 (AFP) - Residents of the Bialystok region of northeastern Poland were voting on Sunday in a referendum on a plan to build a highway through virgin forest that is strongly opposed by the European Union.

The project in the Rospuda Valley has been taken to the European Court of Justice by the European Commission, which supports the case of environmental groups that it will destroy the area's fragile ecosystem.

The road is backed by the major political parties, and the ruling conservatives gathered the necessary 50,000 signatures required by law for the referendum to be held.

A recent opinion poll showed that 88 percent of locals want the road, in particular the 17,000 inhabitants of the town of Augustow, who will be bypassed by thousands of trucks which currently pass through their streets.

The regional head of the ruling Law and Justice Party, Mariusz Kaminski, told AFP his party hoped the referendum result would help sway the opinion of the European Court of Justice.

The planned stretch of highway near the Lithuanian border is part of a corridor called the Via Baltica, linking Warsaw with the three Baltic states.

Opponents of the Augustow bypass were given a boost last month when a Polish administrative court annulled the construction permit, obliging the government to consider the more costly option of putting part of the road in a tunnel.

[officedweller]

Referendum Over Highway Through Rare Peat Bog in Poland Ruled Invalid

May 21, 2007 — By Associated Press

WARSAW -- A referendum on whether to build a highway through a rare peat bog protected by European Union habitat laws failed to muster the necessary voter turnout and has been declared invalid, election officials said Monday.

Turnout for the local referendum on the planned construction of a 500-meter (yard) stretch of highway through the Rospuda River valley was only 21.56 percent, said Bogumila Karniewicz, deputy head of the referendum commission in nearby Bialystok, northeastern Poland.

Ninety-three percent of voters backed the highway's construction, but turnout was far short of the 30-percent threshold needed for the referendum to be valid, Karniewicz said.

The result deals a blow to Poland's ruling Law and Justice party, which sponsored the referendum in an attempt to strengthen its hand in its dispute with the European Commission over the project.

The commission has taken Poland to Europe's top court to prevent the construction of the highway.

While even a valid result would have no legal impact on the court's ruling, Poland's government had hoped to use strong popular backing from the referendum to bolster its case before the court.

Poland's government says the road is needed to relieve heavy truck traffic clogging the nearby town of Augustow and that it would provide an economic boost to a rapidly developing region.

Opponents say building the highway across the habitat of rare plants and animals would wreak havoc with ecosystems and destroy the area's pristine beauty.

Prime Minister Jaroslaw Kaczynski has said that caving in to pressure would be a bad precedent for the whole project to build some 7,000 kilometers (4,000 miles) of badly needed highways in Poland by the year 2020.

No heavy equipment is at the site and construction has been temporarily halted to respect a ban on disturbing the peace from March to July, when storks and other birds lay their eggs.

Source: Associated Press

[ChrisZwolle]

Ninety-three percent of voters backed the highway's construction

Enough support to build this road i think.

One must see this from the local point of view, Eastern Poland always has been the poorer part of the country, and economic development will be welcome here, i think.

[ikrys]

^^maybe

pictures taken (27-05-2007) by @vampi_r from Forum of Polish Skyscrapers


north view, southern part of forest, We can see the N2000 over there
and there are no road works now until september2007 becouse of bird breed period

http://siskom.waw.pl/rospuda/zdjecia1/obw2.JPG

Augustow bypass
by vampi_r
http://siskom.waw.pl/rospuda/zdjecia1/obw1.JPG

[goschio]

Very sad do destroy the nature for a highway. Cant they just build around it.

[Gatis]

Really - why they don't built it as proposed in alternative option? OK, I imagine - it might slow it down and EU money will be lost... If there is any.

Balts are interested in this road - this is our "life road" to Western Europe. But environmental interests are very important too.

[ikrys]

Really - why they don't built it as proposed in alternative option? OK, I imagine - it might slow it down and EU money will be lost... If there is any.
no!! all is for polish money (KFD-country fund for Roads from oil and petrol taxes)
GDDKiA variant of the Augustow bypass have been preparing since 1992 I gues
In 1992 there were now N2000 in Rospuda Valley..for designers there were just a trees and river..oh, and a peat bog as well
Since 2004 Poland is in EU,and got N2000 from this time....All procedures where in progress for this time, I mean 2004(diferent from EU procedures)
Now Poland has money for works,but the European Comision wants to back us to begin of the proces and do all in accordance with EU law (procedures)
If we stop built that bypass, people in this town will have to wait minimum 5-years for other road


Balts are interested in this road - this is our "life road" to Western Europe. But environmental interests are very important too.
Via Baltica is under prepar,but there is no variant chosen so far

[ChrisZwolle]

but the European Comision wants to back us to begin of the proces and do all in accordance with EU law (procedures)

Those procedures suck. We have them for years, and by the time you'll finally through such a procedure, the plans are outdated. Example of this is the Dutch A2 between Utrecht and Amsterdam, now 2x3 lanes, would be widened to 2x4, but procedures takes so much time, they decided to widen to 2x5 lanes at once. Same counts futher south, but then from 2x2 lanes tot 2x4 lanes.

[Gatis]

In 1992 there were now N2000 in Rospuda Valley..for designers there were just a trees and river..oh, and a peat bog as well
Since 2004 Poland is in EU,and got N2000 from this time....All procedures where in progress for this time, I mean 2004(diferent from EU procedures)
Now Poland has money for works,but the European Comision wants to back us to begin of the proces and do all in accordance with EU law (procedures)

Sorry, I am "old bureaucrat" who was involved to some extent in Natura 2000 site selection in Latvia. Natura 2000 sites should protect at least 10% of protected biotopes of each kind represented in respective country - if to put it simply. When planning Natura 2000 site network in Poland your bureaucrats had a possibility to compare their list with the plans of road builders. If the road touches proposed Natura 2000 site there is done one of the two: a) road project is changed. b) bureaucrats quickly find another site with similar value to protect and don't include the project site in Natura 2000 site.

In a case a) Brussels never hear about such problem, road builders get a time and design the road elsewhere (it takes 1 - 2 years) and nature values are protected. Project comes a bit slower but this is better than now.

In a case b) Brussels never hear about such problem, nature values are protected (elsewhere) and road is built.

OK, environment bureaucrats did not contact road bureaucrats. Natura 2000 site was approved for Rospuda valley and it came as surprise for road builders. At that moment (if Poland entered in EU in a honest way - and I am sure it did - it had to happen at very latest in 2003) road builders had to understand harsh reality and as fast as possible start to design road in another site. Natura 2000 site is holy cow and better don't touch it. Here in Riga Natura 2000 site stopped 1 billion EUR port development project.

[ikrys]

Sorry, I am "old bureaucrat" who was involved to some extent in Natura 2000 site selection in Latvia. Natura 2000 sites should protect at least 10% of protected biotopes of each kind represented in respective country - if to put it simply. When planning Natura 2000 site network in Poland your bureaucrats had a possibility to compare their list with the plans of road builders. If the road touches proposed Natura 2000 site there is done one of the two: a) road project is changed. b) bureaucrats quickly find another site with similar value to protect and don't include the project site in Natura 2000 site.


I dont know many facts about that case but..
Governmental proposal of N2000 network sent (3,7% of the countrys area)
by the Polish Ministry of Enviromental to the European Commission in may 2004 doesnt include Rospuda Valley and many others.
The list was trown open for public cosultation for the period of 5 days
However none of the numerous comments to the list was taken into account
Environmental created SHADOW LIST in 2004 and sent to EC in 12.2004 (5-10% of the countrys area)I gues -proposal necessary for the good functioning of N2000 network, it included Rospuda valley(Augustow Forest)

OK, environment bureaucrats did not contact road bureaucrats. Natura 2000 site was approved for Rospuda valley and it came as surprise for road builders. At that moment (if Poland entered in EU in a honest way - and I am sure it did - it had to happen at very latest in 2003) road builders had to understand harsh reality and as fast as possible start to design road in another site. Natura 2000 site is holy cow and better don't touch it. Here in Riga Natura 2000 site stopped 1 billion EUR port development project.

In Poland many of existing projects are backed to the chosing variants perod,bicouse of the shadow list, for example bypass of my familiar city-Lublin and many many others

[ikrys]

Those procedures suck. We have them for years, and by the time you'll finally through such a procedure, the plans are outdated. Example of this is the Dutch A2 between Utrecht and Amsterdam, now 2x3 lanes, would be widened to 2x4, but procedures takes so much time, they decided to widen to 2x5 lanes at once. Same counts futher south, but then from 2x2 lanes tot 2x4 lanes.

Good solution is to built Augustow bypass in route of Viabaltica(2x2 or 2x3) which is just in prepare(chosing variants period),and just live that outdated variant(1x2) trough N2000
Im sure that the Commission stop that built in September after the "bird breed period"

[eusebius]

Those procedures suck. We have them for years, and by the time you'll finally through such a procedure, the plans are outdated. Example of this is the Dutch A2 between Utrecht and Amsterdam, now 2x3 lanes, would be widened to 2x4, but procedures takes so much time, they decided to widen to 2x5 lanes at once. Same counts futher south, but then from 2x2 lanes tot 2x4 lanes.

Things were so much better under Hitler, we didn't have those procedures or democracy. Just kill the people who live next to these roads.

[ChrisZwolle]

Things were so much better under Hitler, we didn't have those procedures or democracy. Just kill the people who live next to these roads.

What a stupid comment :bash:

[eusebius]

Your criticism on these procedures is stupid :yes: In your warped vision you think that it is your democratic right to ruin the place where other people, or wildlife, live. You moan on end about a lack of motorways whilst you live in a country with a ridiculous amount of motorways. Just because you're too lazy and drive a car, people should move and live somewhere else.

[ChrisZwolle]

No, i said the procedures are ridicilously long. They should argue it is okay or not okay to build a road in a decent amount of time, not years and years.

[eusebius]

No, i said the procedures are ridicilously long. They should argue it is okay or not okay to build a road in a decent amount of time, not years and years.

Blame that on the ones who want this A4. Without that proposal, or demand, there would be no need for these procedures.

[ikrys]

europa.eu press
Commission asks the European Court of Justice to order Poland not to start road construction in Rospuda Valley
http://kiosk.onet.pl/_i/artykuly/02_07/rospudaa_d.jpg

Date: 30/07/2007

Brussels, 30July 2007
Commission asks the European Court of Justice to order Poland not to start road construction in Rospuda Valley
The European Commission has today asked the European Court of Justice to take interim measures to ensure Poland does not go ahead with the construction of a road that will cause irreversible damage to the Rospuda Valley, a protected area of primeval forest and natural habitats of European importance. The Commission's application for urgent action by the Court follows the Polish government's failure to give an undertaking that it will not start construction work on the Augustow bypass through the valley on 1 August. The Commission took Poland to the ECJ over the planned construction of the Augustow bypass and another road, the Wasilkow bypass, in March 2007 due to the damage they would cause to natural areas of European importance. The interim measures now requested would prevent the works from going ahead until the Court has had time to rule on the case brought in March.

EU Environment Commissioner Stavros Dimas said: "It is regrettable that Poland has now decided to go ahead with the construction of a new road through Rospuda Valley. I would hope that Poland will reconsider its decision before irreparable damage is done. In the meantime, the Commission has asked the Court of Justice to issue an injunction to maintain the integrity of the site.

The case pending before the Court of Justice

In February 2007 the Polish authorities gave contractors the green light to start construction work on bypasses in important nature sites in the Rospuda river valley and Puszcza Knyszynska in north-eastern Poland. As a result the Commission accelerated an existing infringement procedure against Poland over these two roads, known respectively as the Augustow and Wasilkow bypasses.

As Poland failed to respond satisfactorily to the Commission's final warning, the Commission decided in March to refer the case to the European Court of Justice. The Commission also decided that it would ask the Court to issue an order suspending work on the projects if necessary.

The request for the interim measures

The Polish authorities decided to stop the construction works in Rospuda Valley during the 2007 breeding season which is now finishing. They also agreed, following a Court hearing, to suspend the execution of an afforestation project in a neighbouring area which was initially presented as a part of the compensation for the anticipated damage to the site. Poland has also recognised before the Court that all construction works in Rospuda Valley should be suspended while the case was ‘sub judice’.

The Commission has consistently urged the Polish authorities not to initiate works in Rospuda Valley. However, Poland has given no official confirmation that the works will not be initiated on 1 August. The Commission is therefore immediately submitting to the Court a request for interim measures. If this request is accepted, the Court will issue an order asking Poland not to go ahead with the construction of the bypass through Rospuda Valley while the case is pending.

The Augustow bypass and Rospuda Valley

The 17.1 kilometre Augustow bypass would involve building an expressway which would cut through the Rospuda river valley, an area that forms part of the EU's Natura 2000 network of protected nature sites. The valley contains a rare mosaic of unspoilt habitats within one of the largest and best maintained primeval forests in central Europe. The expressway would cross a unique wetland system considered to be of exceptional European value by scientists.

The valley has been designated as a Special Protection Area (SPA)[[1]] under the Wild Birds Directive[[2]] and should also benefit from protection under the Habitats Directive[[3]] on account of its rare habitats, although Poland has not yet notified its designation to the Commission.

The final construction permit was issued on 9 February 2007. On the same day the developer announced that work would start by the end of February.

Poland argues that the project is of overriding interest on road safety grounds. It denies that European nature legislation requires it to protect the site by cancelling the bypass. The Polish authorities claim that by assessing the damage the road will cause, looking at alternatives and offering compensatory measures it has complied with all protection requirements. Proposed compensatory measures include taking some forest out of production, creating ponds, blocking small streams to bring up the water level in drainage channels, planting trees, and restoring and managing wet meadows. For its part, the Commission considers that Poland has a duty to protect this site and that the assessments and examination of alternatives are weak and unconvincing. The Commission considers that road safety could be adequately addressed by other routes that would avoid irreparable damage to this protected site. As for the compensatory measures offered, these do not offset the destruction of unique natural features.

Legal Process

Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations. Under this article, the Commission may decide to bring the case before the Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

According to Article 243, 'the Court of Justice may in any cases before it prescribe any necessary interim measures'. According to Article 84.2 of the Rules of Procedure of the ECJ, the President may grant the application even before the observations of the opposite party have been submitted.

More information about EU nature protection policies is available at:

http://europa.eu.int/comm/environment/nature/home.htm

[Alle]

Peat bogs are very diverse in life and of course you should try to avoid building through them. Is the highway really needed?

About EU, its becoming more and more of a deciding powermachine, membercountries are risking their sovereignety, especially EMU members becouse their economy, inflation (by printing money from the central bank) and interest rates are even decided from central EMU and not the individual nations needs. EU should only be a cooperation for open borders for travel and eventually trade, and also a forum for discussion on other policies of common interest such as environmental. It should not have deciding power becouse the important decisions come further from the people and democratic circumstances are thus hurt.

[ChrisZwolle]

it connects Augustów with Suwałki. Both cities aren't very big, but on the most important transitroute from the Baltic States to Poland and the rest of Europe.

Maybe it's possible to reroute the DK8 via Raczki, that's a bit more to the west.

The alternative suggested by environmentalist via Łomża is too far away in my opinion. Then Białystok wouldn't be connected to the S8, and that city is fairly large, and important to the region. The city has 370.000 inhabitants in it's metro.

[Maxx☢Power]

Peat bogs are very diverse in life and of course you should try to avoid building through them. Is the highway really needed?

About EU, its becoming more and more of a deciding powermachine, membercountries are risking their sovereignety, especially EMU members becouse their economy, inflation (by printing money from the central bank) and interest rates are even decided from central EMU and not the individual nations needs. EU should only be a cooperation for open borders for travel and eventually trade, and also a forum for discussion on other policies of common interest such as environmental. It should not have deciding power becouse the important decisions come further from the people and democratic circumstances are thus hurt.

This is not really the place for politics, but when a court whose decisions the Polish government has agreed to respect rules that the construction is unlawful, it should follow that ruling. It's called "the rule of law". Too many "rule"s in those last sentences, I know..

I agree that they should probably try to find an alternative route for it. This motorway is very important, but it can't be built at any cost.

[ufonut]

This is not really the place for politics, but when a court whose decisions the Polish government has agreed to respect rules that the construction is unlawful, it should follow that ruling. It's called "the rule of law". Too many "rule"s in those last sentences, I know..

I agree that they should probably try to find an alternative route for it. This motorway is very important, but it can't be built at any cost.

Well it's not really that simple. This highway project had been started before Poland joined the EU hence EU laws didn't apply back then. It takes years to make sure that all documentation is finished and land is secured before the actual construction can start.

In the meantime as the work on Via Baltica was progressing Poland joined the EU. Now should the EU laws apply or should they not ?

Anyway it's water under the bridge now anyway. Polish prime minister has just announced that the construction will not commence anytime soon.

[sojourner truth ™]

Is it hard to re-route it?

[ufonut]

It's costly and time consuming, probably another 3-5 years will be wasted on project design, property acquisition, archeology etc.

[ChrisZwolle]

Is it hard to re-route it?

This would be my suggestion;

http://i14.tinypic.com/4ulmc1y.png

[Rebasepoiss]

It's costly and time consuming, probably another 3-5 years will be wasted on project design, property acquisition, archeology etc.
SO WHAT? People have fucked up the planet quite a lot so let's save the nature whereever we can save it.....3-5 years and some money is nothing compared to the damage the current route causes to the nature.

[ufonut]

SO WHAT? People have fucked up the planet quite a lot so let's save the nature whereever we can save it.....3-5 years and some money is nothing compared to the damage the current route causes to the nature.

I agree but tell that to the people who live there in constant fear of being killed by rampaging 18 wheelers from Lithuania, Latvia and Estonia passing through the very city centre.

[ChrisZwolle]

^^ My alternative as posted above would take all that traffic out of Augustów. What's left of traffic is only traffic from a few villages between Augustów and Suwałki, that can't be much. After the S8 is completed, they could degradate the DK8 to a DW-road.

But i agree there has to be a motorway there, virtually all transittraffic from the Baltics to the rest of Europe travels through Augustów.

[Maxx☢Power]

SO WHAT? People have fucked up the planet quite a lot so let's save the nature whereever we can save it.....3-5 years and some money is nothing compared to the damage the current route causes to the nature.

You've got a point there. Building motorways is probably a lot easier than building a primeval forest.

[DJZG]

This would be my suggestion;

http://i14.tinypic.com/4ulmc1y.png


this is not very far from the original plan and i think this could work out...
that wildlife should be preserved as much as it can... but lots of money are involved... i'm hoping for a happy end...

[ChrisZwolle]

It's only a few kilometers longer. Doesn't matter that much on the S8, which will be over 800km in length.

[ikrys]

more details about those two variants and generally(fotos,maps,films,documents) about Augustow bypass as well
(page in english)
http://www.siskom.waw.pl/siskom-dzialania-rospuda-e.htm

[Gatis]

I sincerely hope that they will not build over Rospuda Valley. The sooner Poland starts rerouting of the project, the better. In meantime people in Augustow could get some financial compensations for extra waiting time.

[fredru$]

This is the most optimal route for Via Baltica proposed by Scott-Wilson Co. :

http://www.viabaltica.scottwilson.com.pl/index_pliki/Page985.htm

http://www.viabaltica.scottwilson.com.pl/WARIANTY/wariant%2042.jpg

It's a wriant one of forty researched by Scott-Wilson Co. Ltd. :
http://www.viabaltica.scottwilson.com.pl/index_pliki/Page354.htm
but goverment refuses it as being "tendentious" . It seems, everything that differs from goverment's plan, is tendentious :lol: Scott-Wilson Co. Ltd. is highly respected firm, and such accusation is just ridiculous


.

[ChrisZwolle]

^^ Then Białystok would be left out, it's the largest city in northeast Poland...

[fredru$]

^^ No, Bialystok would get connected with the system by separate expressway - S-8. It would suit Bialystok even better, because whole transit traffic connecting baltic states with W. Europe, would bypas that city.


.

[ufonut]

^^ No, Bialystok would get connected with the system by separate expressway - S-8. It would suit Bialystok even better, because whole transit traffic connecting baltic states with W. Europe, would bypas that city.
.

How is bypassing transit helping a city ? Since the beginning of time towns were founded on trade routes precisely to benefit from them culturally and economically.:bash:

[exclusiv]

I don't really know what to think...First, the people of Augustow are getting invaded by heavy trucks, there are many accidents in the city, they cannot sleep well, their houses are getting more and more weak because of the vibrations, so the road needs to be built and quickly.Plus, the western-european countries had build all their road network a long time ago, when the program Natura 2000 wasn't existing,so in my opinion Poland should have the right to build that road. But then there is the beautifull valley, with many rare species, its quite challenging to decide! At the moment our environment is so disturbed that we should not get the things more bad...

[fredru$]

^^@ ufonut

How is it benefitial to have transit traffic in the city? Most of the trucks traveling between W.E. and baltic states, passing through Bialystok, don't do any business there.


.

[ChrisZwolle]

I don't really know what to think...First, the people of Augustow are getting invaded by heavy trucks, there are many accidents in the city, they cannot sleep well, their houses are getting more and more weak because of the vibrations, so the road needs to be built and quickly.Plus, the western-european countries had build all their road network a long time ago, when the program Natura 2000 wasn't existing,so in my opinion Poland should have the right to build that road. But then there is the beautifull valley, with many rare species, its quite challenging to decide! At the moment our environment is so disturbed that we should not get the things more bad...

In my suggestion (see top of page), trucks would go around Augustów via Raczki. If the S8 is build there, you could prohibit transittruck traffic from the DK8, so that they are forced to take the S8.

[ZeTaCy]

First off, the "environmentalists should be shot (or hanged) and secondly the longer you talk about it the wider it should be because of increased traffic.

[ChrisZwolle]

Some sights around Augustów.

http://static2.bareka.com/photos/medium/2074481/jezioro-necko-august.jpg

http://static2.bareka.com/photos/medium/2074409/rospuda-lotu-ptaka.jpg

http://static3.bareka.com/photos/medium/2074298/dolina-rospudy-lotu-ptaka.jpg

[img]