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Half a million fine a day: Poland and the Czech Republic fight border dispute over lignite mine

1. Which mine is it?

The sizeable Turów mine is located near the town of Bogatynia in the most southwestern tip of Poland. Here, with an estimated 760 million tons, is one of the largest reserves of lignite in the country. Of this, about 28 million tons are excavated annually by the Polish energy company PGE, which also owns a nearby power plant that runs on – yes – lignite.

The open lignite quarry is located almost at the Czech border. In an area that politicians call the ‘black triangle’ because of the heavy industrial pollution. It is the border region between Poland, the Czech Republic and Germany.


2. What is the objection of the Czechs?

The bomb exploded when the Polish government decided last year to extend the permit for the mine until 2044. “It is crucial that Poland had not consulted the Czech Republic at all about this,” says correspondent Jeroen Akkermans. “There has also been no investigation into environmental damage, which is against European rules.”

But that’s not all. Czechs living in the area struggle with a serious problem: water scarcity. Akkermans: “The lignite extraction ensures that the groundwater flows to increasingly deeper areas. The higher border region in the Czech Republic will thus become dry and entire villages will be left without drinking water.”

That is why the Czech Republic went to the European Court of Justice. The requirement? A penalty of five million euros for each day that mining continues in the mine.


3. What did the EU Court decide?

The Court in Luxembourg agreed with the Czech Republic. It simply did not impose a penalty of five million on Poland, but a half a million euros a day on. The penalty payment took effect immediately and had to end up in the EU’s coffers.

It was a special decision in the history of the EU. Never before had a quarrel between member states been so heated. And never before has such a sky-high fine been imposed from Luxembourg for a neighbor quarrel, because two countries could not work out on their own.


4. How did Poland react to this decision?

As if bitten by a viper. The Poles believe that they can decide for themselves what they do with the lignite mine, without interference from neighboring countries or Brussels. The country therefore refuses to pay the penalty.

“It is an unjustified political attack on our country,” Bogatynia mayor Wojciech Dobrolowicz told RTL Nieuws. “An attempt to make Polish electricity dependent on the Germans and Czechs.” According to him, tens of thousands of Poles earn their money thanks to the mine and the power plant. PGE CEO Wojciech Dabrowski called the decision ‘rather bizarre’.

The thousands of Polish miners living in the area meanwhile fear for their jobs. Akkermans: “Last month they held street protests in Luxembourg. If the mine closes, about five thousand jobs will be lost, according to Poland. Then the region is doomed.”


5. What next?

The Poles are doing everything they can to challenge the verdict. That is still possible because the ruling in May was a provisional verdict, and the Luxembourg court has not yet reached a final judgment on the mine.

Poland previously asked the Court to withdraw the verdict because otherwise the country would not be able to generate enough electricity for heating houses. But the country could not provide enough evidence for that. At today’s hearing in Luxembourg, it will therefore have to come up with a better story.


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