The controversy over Turów. Sharp comment from Deputy Head of Ministry of Foreign Affairs, Poland is trying to reverse CJEU’s decision

On Thursday, after two days of talks in Prague, Polish negotiators announced that The Polish and Czech delegations failed to agree on the content of the agreement for the Turów . mine. The idea was to work on an agreement between the Czech Republic and Poland, which would later be accepted by both governments. Earlier, the Czech side informed that the development of such an agreement would make it possible to withdraw the appeal against Poland regarding the operation of the Turów lignite mine from CJEU.

According to Jacob Kolhank, on Thursday, during the next round of negotiations over the mine in Toro, Poland at the last minute, he assumed the agreement could be terminated after two years.

for this information Bawwisz Japonski, Deputy Head of the Polish Foreign Ministry, responded sharply. He stated that the Czech Foreign Minister was not correct. Jabonesky stressed that “public opinion in both countries has the right to be informed of who is responsible for the failure of the talks and the deterioration of relations.”

“We did not propose a “two-year contract”. Our offer is a contract valid until the end of mining activities, with the possibility of termination – in case of abuse by one of the parties. It is an absolute standard in international agreements concluded on the basis of partnership ”- said Jabłoński. As it turned out, Poland suggested that the most important provisions, chosen and indicated by the Czech side, should work until 2049 – also in the event of termination of the agreement on groundwater control.

“Our offer guarantees 50 million euros for water projects in the Liberec region, above-standard rules for monitoring water, pollution, noise, regular transmission of information – and even a ban on the approach of the mine to the Czech border, until the full list of conditions is fulfilled” – revealed Jabłoński.

“All of this would have been done in the early months of the contract. However, he was turned down because The Czech government has demanded a deal that Poland could never end – and also if it is misused in the future.– said Deputy Head of the Polish Ministry of Foreign Affairs.

Jabłoński noted that “Partners do not enter into contracts with these terms.”. He added that “a responsible negotiator cannot commit his country to a 30-year contract without a way out, and he does not know whether the other party will act dishonestly in the future.”

“The effect of government actions: the residents of the Liberec region will not receive any funds for water projects, there is no additional monitoring of groundwater that is not required by law; the mine will be able to approach the border without any additional conditions” – summarized Jabłoński.

The Minister for Climate and Environment, Micha Kortica, in an interview with PAP, confirmed that negotiations on an agreement for the Turów mine have been stalled due to the escalation of demands against Poland. . added Poland proposed, inter alia, the following: a financial support of 50 million euros.

We made a very good offer that met the expectations of the local community. This offer was not created under any other circumstances. We created, among other things, a financial offer for the residents of the Liberec region, given the opportunity to implement environmental projects related to water supply infrastructure, and regional cooperation. We also proposed a higher than standard level of monitoring related to KWB Turów . activities – The minister told PAP.

Kortica emphasized that the Polish delegation, which came to Prague in good faith, counted on the acceleration of the negotiations and their final closure. We reached an agreement with the Czechs to negotiate to the end, so that it would be possible to work on a joint agreement as soon as possible. – pointed out.

The head of the Ministry of Culture and National Heritage noted that thanks to the work of experts and political factors, the agreement was already close.

However, in the last hours, Finally in succession, and in response to our suggestion, the Czech side began to escalate its demands As if their goal was to interrupt the conversation. We cannot transfer this money to the residents of Liberadzki for the benefit of the Czech government, this would guarantee an amicable settlement. If there is no will to agree, we must acknowledge this situation. We want to talk to a partner who has a will to agree and if there is no will, then We won’t sign the contract with ourselves, that’s why we left the table Cortica said.

Inform the minister Initially, Poland proposed compensation to the Czechs in the amount of 40-45 million euros. The last proposal we made was already 50 million euros. According to the information provided by the head of the Ministry of Climate and Environment, the Czechs accepted it.

Kortica explained that one of the main problems that led to the failure to reach an agreement was The Czech Republic demands that the contract contain a clause that excludes de facto termination of the contract.

This is an unusual procedure in international practice, when contracts are concluded on the basis of partnership. The Republic of Poland and the Czech Republic are two independent sovereign states. If we want an agreement on an equal footing between sovereign states, we must build solutions that respect the sovereignty of states – pointed out.

The minister admitted that the biggest losers in the Czech rejection of the Polish proposal are the communities on both sides of the border.

Cortica Polsat News reported that Poland is seeking to cancel CJEU temporary measures related to the dispute over the operation of the Turów mine. We expect CJEU to respond to our request, which speaks of new conditions related to the tense situation in the Polish and European energy markets. – said Kurtika in Polsat News. Under the circumstances, we believe the Court should reconsider the interim measures proposals. What will be the court’s decision – we’ll see – added the minister.

He pointed out that the temporary measures required were the closure of the mine and sanctions. For each of these measures, the Polish side has the right to request a waiver. We use these tools, we will use them and we will use all legal possibilities to prove that the proposed actions are not proportionate and not supported by the facts Cortica said. . added So far Poland has not made any payments related to the sanctions.

At the end of February, the Czech Republic filed a complaint with the CJEU against Poland regarding the expansion of the Turów lignite mine.. Together with her, they applied for the application of so-called temporary measures, that is, an order to suspend production. In their opinion, the expansion of the Polish mine threatens, inter alia, access to water in the Liberec region.

In May, the court, as a precaution, ordered the immediate cessation of mining operations at the mine pending a ruling. CJEU stated that, at first glance, it cannot be excluded that Polish regulations violate the requirements of the EIA directive, and the arguments put forward by the Czech Republic appear to be unfounded. In response, the Polish government announced that production would not be stopped and negotiations began with the Czech side. So far, they have not put an end to the conflict.

On September 20, CJEU decided that Poland will pay the European Commission 500,000. Euro per day for non-implementation of temporary measures And continue to extract lignite from the Turów mine. “We will not close Turov,” Prime Minister Mateusz Morawiecki said in response.