EU plays hardball with Poland over Turów coal mine

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The European Commission has said that it has begun the process of subtracting millions of euros from funds allocated to Poland after the government ignored a court injunction to close down the controversial coal mine near the Czech border.

Last year, the Court of Justice of the European Union (CJEU) ordered the closure of the mine at Turów in a case brought by the Czech Republic. Prague said the open brown coal mine was creating cross-border air and noise pollution as well as draining groundwater from villages on its side of the border.

The Polish government refused to shut down operations at the site, arguing that it is vital for local employment and essential for the country's energy requirements. It also claimed that the EU does not have the legal authority to order the mine's closure.

In September, the CJEU imposed a fine of €500,000 per day for as long as the mine remains open.

Read more: Defiant Polish PM refuses to shut coal mine despite EU court fine

At a news briefing on Wednesday, European Commission spokesperson Balazs Ujvari told reporters that the deadline for Poland's first payment had expired the previous day, and the Commission had begun its "offsetting procedure".

Poland's first payment totalled €15 million with an additional €30,000 interest. The fine stands currently at over €60 million, though Warsaw has said it refuses to pay.

According to 2018 figures published by the EU, Poland contributes €3.98 billion - 0.84% of its economy - to the European Union, and receives €16.35 billion from the bloc, equivalent to 3.43% of its economy.

"What the Commission needs to do now is to identify a suitable or appropriate payment against which the compensation can be made," Ujvari said. The Polish government will then be given a minimum of ten working days to respond.

"Following that, the Commission will deduct the amount concerned from the payment identified," he added.

Read more: Polish coal miners stage protest against EU court order to close Turów mine

The governments of Poland and the Czech Republic have been holding talks looking for a solution to the problem but have so far failed to reach an agreement.

In December, Poland recalled a new ambassador to Prague after he criticised his country's approach to the issue, saying that his country had been arrogant and shown a "lack of empathy".

On Wednesday however, Poland's environment Minister Anna Moskwa struck a more upbeat note. She told public broadcaster Polskie Radio 1 that the Czech government would withdraw its complaint to the CJEU in an agreement could be found. 

"If the agreement is successfully signed ... the Czech side will immediately send information to the court that the dispute has been resolved and withdraw their complaint," said Moskwa.

"Yesterday's meeting certainly produced more than the 18 earlier meetings with the previous government, not only in terms of atmosphere... but also in terms of specific arrangements."

No information was given about what the agreement might look like.

Read more: Poland signs 'historic' deal to close all coal mines by 2049

The Commission's move is a sign of growing frustration in Brussels with Poland. Since October, the country has been racking up fines of €1 million per day over its refusal to follow EU rulings regarding changes to its judicial system.

The ECJ ordered the suspension of the disciplinary chamber of the Polish Supreme Court, saying it violates standards.

The bloc is also withholding pandemic recovery funds because of Warsaw's refusal to comply with court orders.


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