Wednesday, July 26, 2023

Poland files a complaint against Germany to the CJEU over illegal waste

Niezalezna(.)pl: - We use the complaint to the European Commission, which is the first stage of the proceedings before the CJEU, and at the same time, we appeal to our German partner, the very "green" German government, to take away German garbage [...] - announced today the Minister of Climate and Environment, Anna Moskwa. 

During a press conference today, Climate Minister Anna Moscow stated that the previous Civic Union - Polish People's Faction (PO - PSL) government had created an "Eldorado for garbage" in Poland.

- The environmental decision, which is the same for other investments, was removed from the requirements for landfills for incomprehensible reasons. The whole world learned about it and applications for the import of waste, including hazardous waste, were submitted to Poland from many places. The PO-PSL government dotted all of Poland with garbage.

- The consequence of this is 35 thousand tonnes of illegal waste (from Germany) abandoned in 7 landfills. We have intervened many times with our German neighbor at the federal level, calling for the removal of the waste that is illegally lying on Polish soil. The federal government replied that these were the competences of the Länder (states) while the states were in no hurry to take any action.

We are left with no choice - we are using the path that any European country can use. We use the complaint to the European Commission, which is the first stage of the proceedings before the CJEU, and at the same time we appeal to our German partner, the very "green" German government, to take away German waste. Poles should not pay for the collection and management of German garbage – announced Moskwa.

- Despite a number of calls, the German side did not want to take responsibility for this issue. Therefore, pursuant to Article 259 of the Treaty on the Functioning of the European Union, we are launching the first stage of the procedure - this is the first step of submitting a complaint to the European Commission - informed the Minister of EU Affairs Szymon Szynkowski vel Sęk.

He explained that the Commission will have three months to analyze the complaint and issue a reasoned opinion. The next step is lodging a complaint with the Court of Justice of the European Union. In his opinion, the case does not raise any legal doubts, so Poland is launching the first stage of the complaint procedure and is determined to continue this procedure if there is no reaction from Germany.

Usually, Germany files some kind of environmental complaint against Poland. Roughly once a month, mostly aimed at infrastructure investments with a common goal of stopping them - PN.