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| EU fights against Poland over Augustow and Wasilkow bypasses  The European Commission has 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.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 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 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. 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. write your comments about the article :: © 2007 Construction News :: home page |