|Author (Corporate)||Court of Justice of the European Union|
According to Advocate General Yves Bot, the forestry management decisions taken by Poland concerning the Natura 2000 Puszcza infringe EU law. The magistrate argues that those decisions are necessarily liable to result in a deterioration of the breeding sites of the protected species.
According to the CJEU, the forest management operations concerning the Puszcza Białowieska Natura 2000 site that have been undertaken by Poland infringe EU law. The implementation of those operations in fact results in the loss of a part of that site.
The Białowieża Forest is a protected Natura 2000 site. In March 2016, the Polish authorities adopted a decision allowing for a three-fold increase in logging operations in its district, as well as for logging in areas so far excluded from any intervention.
These measures - which include the removal of century old trees - pose a major threat to the integrity of this site. The Natura 2000 site protects species and habitats that are dependent on old-growth forests, including the availability of dead wood.
In April 2017, the European Commission issued a reasoned opinion urging Poland to refrain from large scale logging and giving Poland one month to comply. In spite of this, Poland began to implement its plan. In July 2017, the Commission decided to refer the country to the Court of Justice.
The Advocate General of the CJEU published on 20 February 2018 his Opinion on Case C-441/17 between the European Commission and Poland over logging in Białowieża Forest.
On 17 April 2018, the European Court of Justice published its judgement on this case.
|Subject Categories||Business and Industry, Law|
|Countries / Regions||Europe, Poland|