BRUSSELS/WARSAW (Reuters) - Poland's decision to increase logging in a primeval forest breaks EU law, an adviser to the EU's top court said on Tuesday, backing the European Commission against the government in one of several disputes straining ties between Warsaw and Brussels.

 The standoff over Bialowieza, one of Europe's last primeval forests, is part of a greater clash between the EU executive and the EU's biggest eastern member, whose ruling Law and Justice (PiS) party is accused of undermining democracy.

 The UNESCO World Heritage site straddling the border with Belarus is home to Europe's largest herd of European bison as well as unique birds and insects.

 Under the EU's Habitat Directive, EU countries have to take appropriate conservation measures for special areas. 

 In March 2016, a few months after parliamentary election won by PiS, Jan Szyszko, the environment minister at that time, approved a tripling of the quota of wood that can be harvested in one of three administrative areas of the Bialowieza Forest.

 The Polish government has said cutting down trees there was necessary to make forest paths safe for hikers and protect existing trees from a bark beetle infestation.

 "Those decisions are necessarily liable to result in a deterioration of the breeding sites of the protected species," the court's advocate general Yves Bot said.

 The European Court of Justice (ECJ) will make a final ruling in the coming months and, while judges are not obliged to follow the adviser's recommendation, they do so in most cases. 

 The European Commission said on Tuesday it was "taking note" of the ECJ opinion on Bialowieza but would wait for the final ruling before making any further comments.

 A spokesman for the executive also said the Commission was still analyzing whether Poland was or was not violating the court's interim injunction issued last year, which ordered Poland to stop logging immediately. 

 

 EXPANDED LOGGING QUOTA 

 Poland's Environment Minister Henryk Kowalczyk, who replaced Szyszko in January, said in a statement following the adviser's opinion that Poland would analyze it in detail and repeated that Warsaw would comply with the court's final judgment on the forest, which he expects most likely in April. 

 On Wednesday Kowalczyk will likely meet commissioner Karmenu Vela, responsible for environment, maritime affairs and fisheries, the executive spokesman also said.

 "We hope that minister Kowalczyk ... will put an end to the destructive policy of his predecessor and grant the whole of Bialowieza Forest national park status," said Agata Szafraniuk, a lawyer at ClientEarth, an environmentalist group.

 Most of the area of the forest in Poland is managed by three local units supervised by State Forests, the state-run body in charge of harvesting timber and protecting woodland. 

 About one sixth of the area is a national park, which protects the best preserved fragment of Białowieza Forest.

 As an interim measure, the ECJ said last year Poland would be fined 100,000 euros ($123,610) per day if it did not stop large-scale logging in the forest.

 Logging quotas to 2021 have already been reached and in one part of the forest an expanded quota, declared illegal by the European Commission, has been more than half filled despite an injunction, official forestry data shows.

 "In 2017 a total of almost 190,000 cubic meters of wood was logged in Bialowieza Forest, which is four times an average annual harvesting. The last time when such huge annual logging was reported was 30 years ago, in the communist era," said a local activist group Camp for the Forest.

 "We have a bitter satisfaction following today's opinion," said Robert Cyglicki from Greenpeace. Nothing would change the fact that an area of about 19 sq km (7.3 sq miles) of Bialowieza had been "devastated", he added. 

 

 

 (Additional reporting by Gabriela Baczynska in BRUSSELS; editing by Philip Blenkinsop, William Maclean) </s> LUXEMBOURG (Reuters) - The European Union’s highest court ruled on Tuesday that Poland broke environmental laws with large-scale logging in the ancient Bialowieza forest, one of a raft of flashpoint issues between the eurosceptic Polish government and the bloc.

In a final ruling in Luxembourg, judge Marek Safjan of the European Court of Justice (ECJ) said the logging in Bialowieza, a World Heritage site and home to the rare European bison, had endangered many birds and insects.

For months, Poland ignored environmentalists’ protests and an ECJ order last July to stop logging immediately, further fuelling concerns that it was backpedaling on democratic standards under the nationalist Law and Justice (PiS) party.

Warsaw said earlier this year it had stopped the logging, part of a broader campaign to improve ties with the EU after two years of bitter feuds - including on judicial independence and migration - since PiS won power in 2015.

Environment minister Jan Szyszko, who was responsible for the increased logging quotas, has since been dismissed, and the ministry said on Tuesday that it would respect the ruling.

“Poland will observe the ruling,” the current Environment Minister Henryk Kowalczyk said in a statement.

The ministry added it would send the EU’s executive new proposals for on a possible protection plan for the forest.

“We still need to stand up for the Bialowieza forest in Poland and abroad,” said environmental group Greenpeace. “The Polish state’s holding company still sees a cash-grab instead of a delicate old-growth forest.”

Back in 2016, Poland had tripled logging quotas and said spruce and pine trees that were more than 100 years old had to be felled because of a beetle infestation. The ECJ said on Tuesday that was not justified.

While the case has since lost some of its political prominence amid a push for a deal between Warsaw and the bloc in the broader dispute over the rule of law, environmental groups say damage has already been done to the delicate habitat.

Logging quotas to 2021 had already been reached and in one part of the forest an expanded quota, declared illegal by the bloc’s executive European Commission, had been more than half fulfilled.

“The decisions that allowed logging must be withdrawn. Then, the Polish government should also consider enlarging the national park,” said James Thornton, head of the environmental campaign group ClientEarth.

“This is the only way to guarantee that devastation of the forest will not happen again.” </s> LUXEMBOURG (Reuters) - The European Union’s highest court ruled on Tuesday that Poland broke EU environmental law with large-scale logging in the Bialowieza forest, an ecologically important World Heritage site which is home to the rare European bison.

In a blow to Poland’s ruling nationalist party, which has also been accused by the EU of weakening the rule of law, Judge Marek Safjan of the European Court of Justice said the logging in the ancient forest endangered many species of birds and insects. </s> WARSAW, March 28 (Reuters) - Poland should decide how it manages one of Europe's last ancient forests in the years ahead, not the EU's top court, environment minister Henryk Kowalczyk said, setting up a possible confrontation in one of a series of disputes with Brussels.

The European Court of Justice is due to rule in April on an EU complaint that Warsaw's decision in 2016 to allow more commercial logging in Bialowieza Forest broke the bloc's laws.

Greenpeace and other campaign groups have said the logging allowed by Warsaw is threatening the UNESCO world heritage site and its populations of European bison, lynx and rare birds.

Poland's ruling Law and Justice party - already at odds with Brussels over judicial reforms - has said it has the right to manage its own resources and the logging is needed to control a beetle infestation.

Kowalczyk told Reuters he expected the court ruling would focus only on how Poland, the EU's biggest eastern member, had managed the forest up to now.

The court "will not, however, indicate precisely future methods to protect (the forest), because it would be a transgression beyond its competence," told Reuters in an interview.

If the court made any specific recommendations about the forest's future management, particularly if it banned any logging, then the government would have to discuss it, he added.

Warsaw wanted to draw up its own protection plan for the forest, he said. "I expect that it will be a compromise between active and passive protection," he added, without spelling out how many trees would be removed under an "active" scheme.

An adviser to the EU court said in February that Poland's decision to increase logging in the forest did break EU law. While judges are not obliged to follow the adviser's recommendation, they do so in most cases.

Seperately, Kowalczyk said he was seeing some support in Europe and beyond for plans, backed by Warsaw, to let nations balance out their carbon dioxide emissions with absorption of greenhouse gases by forests.

The plan would be discussed, he said, at U.N. climate talks that Poland will host in December in its southern city of Katowice - the centre of the coal-producing Silesia region.

"The issue of absorbing emissions has its opponents, which is why we realize that these talks will not be easy. We will discuss this - first within the European Union," Kowalczyk said.

Many countries want to focus more on cuts in emissions, reckoning the idea of absorption is a sideshow favoured by coal-dependent states such as Poland.

Kowalczyk said he had received a "clear declaration" from China's special representative on climate change that Beijing was interested in the scheme.

The minister reiterated that Poland wanted to reduce the share of coal in its electricity production to around 50 percent by 2050 from around 80 percent now.

"We will be moving slowly from coal to other sources, but it is important that it is not too abrupt," he added. (Editing by Andrew Heavens) </s> WARSAW (Reuters) - Poland should decide how it manages one of Europe’s last ancient forests in the years ahead, not the EU’s top court, environment minister Henryk Kowalczyk said, setting up a possible confrontation in one of a series of disputes with Brussels.

The European Court of Justice is due to rule in April on an EU complaint that Warsaw’s decision in 2016 to allow more commercial logging in Bialowieza Forest broke the bloc’s laws.

Greenpeace and other campaign groups have said the logging allowed by Warsaw is threatening the UNESCO world heritage site and its populations of European bison, lynx and rare birds.

Poland’s ruling Law and Justice party - already at odds with Brussels over judicial reforms - has said it has the right to manage its own resources and the logging is needed to control a beetle infestation.

Kowalczyk told Reuters he expected the court ruling would focus only on how Poland, the EU’s biggest eastern member, had managed the forest up to now.

The court “will not, however, indicate precisely future methods to protect (the forest), because it would be a transgression beyond its competence,” told Reuters in an interview.

If the court made any specific recommendations about the forest’s future management, particularly if it banned any logging, then the government would have to discuss it, he added.

Warsaw wanted to draw up its own protection plan for the forest, he said. “I expect that it will be a compromise between active and passive protection,” he added, without spelling out how many trees would be removed under an “active” scheme.

An adviser to the EU court said in February that Poland’s decision to increase logging in the forest did break EU law. While judges are not obliged to follow the adviser’s recommendation, they do so in most cases.

Separately, Kowalczyk said he was seeing some support in Europe and beyond for plans, backed by Warsaw, to let nations balance out their carbon dioxide emissions with absorption of greenhouse gases by forests.

The plan would be discussed, he said, at U.N. climate talks that Poland will host in December in its southern city of Katowice - the center of the coal-producing Silesia region.

“The issue of absorbing emissions has its opponents, which is why we realize that these talks will not be easy. We will discuss this - first within the European Union,” Kowalczyk said.

Many countries want to focus more on cuts in emissions, reckoning the idea of absorption is a sideshow favored by coal-dependent states such as Poland.

Kowalczyk said he had received a “clear declaration” from China’s special representative on climate change that Beijing was interested in the scheme.

The minister reiterated that Poland wanted to reduce the share of coal in its electricity production to around 50 percent by 2050 from around 80 percent now.

“We will be moving slowly from coal to other sources, but it is important that it is not too abrupt,” he added. </s> WARSAW (Reuters) - Poland should decide how it manages one of Europe’s last ancient forests in the years ahead, not the EU’s top court, environment minister Henryk Kowalczyk said, setting up a possible confrontation in one of a series of disputes with Brussels.

The European Court of Justice is due to rule in April on an EU complaint that Warsaw’s decision in 2016 to allow more commercial logging in Bialowieza Forest broke the bloc’s laws.

Greenpeace and other campaign groups have said the logging allowed by Warsaw is threatening the UNESCO world heritage site and its populations of European bison, lynx and rare birds.

Poland’s ruling Law and Justice party - already at odds with Brussels over judicial reforms - has said it has the right to manage its own resources and the logging is needed to control a beetle infestation.

Kowalczyk told Reuters he expected the court ruling would focus only on how Poland, the EU’s biggest eastern member, had managed the forest up to now.

The court “will not, however, indicate precisely future methods to protect (the forest), because it would be a transgression beyond its competence,” told Reuters in an interview.

If the court made any specific recommendations about the forest’s future management, particularly if it banned any logging, then the government would have to discuss it, he added.

Warsaw wanted to draw up its own protection plan for the forest, he said. “I expect that it will be a compromise between active and passive protection,” he added, without spelling out how many trees would be removed under an “active” scheme.

An adviser to the EU court said in February that Poland’s decision to increase logging in the forest did break EU law. While judges are not obliged to follow the adviser’s recommendation, they do so in most cases.

CLIMATE BALANCE

Separately, Kowalczyk said he was seeing some support in Europe and beyond for plans, backed by Warsaw, to let nations balance out their carbon dioxide emissions with absorption of greenhouse gases by forests.

The plan would be discussed, he said, at U.N. climate talks that Poland will host in December in its southern city of Katowice - the center of the coal-producing Silesia region.

“The issue of absorbing emissions has its opponents, which is why we realize that these talks will not be easy. We will discuss this - first within the European Union,” Kowalczyk said.

Many countries want to focus more on cuts in emissions, reckoning the idea of absorption is a sideshow favored by coal-dependent states such as Poland.

Kowalczyk said he had received a “clear declaration” from China’s special representative on climate change that Beijing was interested in the scheme.

The minister reiterated that Poland wanted to reduce the share of coal in its electricity production to around 50 percent by 2050 from around 80 percent now.

“We will be moving slowly from coal to other sources, but it is important that it is not too abrupt,” he added. </s> WARSAW, Poland -- The European Union's top court ruled on Tuesday that Poland violated environmental laws with its massive felling of trees in one of Europe's last pristine forests.

The ruling by the European Court of Justice said that, in increasing logging in the Bialowieza Forest in 2016-17, Poland failed to fulfil its obligations under EU directives to protect natural sites of special importance.

Poland's environment minister at the time, Jan Szyszko, argued that felling the trees was necessary to fight the spread of bark beetle infestation. Heavy machines were used in the process, causing additional damage to the forest.

Poland's conservative government is involved in a number of disputes with the EU, including one over changes to the judicial system -- an argument that has led Brussels to trigger a process that could lead to punitive measures against Warsaw.

In the forest dispute, the court said bark beetle infestation did not justify the scale of the logging, while Poland failed to ensure the safety of birds and other species in the forest. No fines were imposed because the machines have been removed and the excessive logging has stopped.

Environmentalists say the large-scale felling of trees in Bialowieza, which straddles Poland's eastern border with Belarus and is a UNESCO World Heritage site, destroyed rare animal habitats and plants in violation of EU regulations. They held protests at the site and brought the case before the EU court.

The chief executive of the ClientEarth environmental organization, James Thornton, said the ruling was a "huge victory for all defenders of Bialowieza Forest, hundreds of people who were heavily engaged in saving this unique, ancient woodland from unthinkable destruction."

Philippe Lamberts, co-president of the Greens group in the European Parliament, said Poland's government has "repeatedly undermined rule of law."

"I hope this ruling will at last convince the Polish government that they need to change course," he said.

In January, Poland replaced its environment minister and stopped the logging. The new minister, Henryk Kowalczyk, has said Warsaw will respect the EU court's ruling and will seek better ways of protecting the forest.

The forest covers tens of thousands of hectares (hundreds of thousands of acres) in Poland and Belarus, and is home to hundreds of animal and plant species, including bison, lynx, moss and lichen.

Its younger parts have been traditionally used to produce timber, a source of income for local residents.

The European court ordered Poland to pay court costs. It didn't specify the amount. </s> WARSAW (Reuters) - Poland should decide how it manages one of Europe's last ancient forests in the years ahead, not the EU's top court, environment minister Henryk Kowalczyk said, setting up a possible confrontation in one of a series of disputes with Brussels.

 The European Court of Justice is due to rule in April on an EU complaint that Warsaw's decision in 2016 to allow more commercial logging in Bialowieza Forest broke the bloc's laws.

 Greenpeace and other campaign groups have said the logging allowed by Warsaw is threatening the UNESCO world heritage site and its populations of European bison, lynx and rare birds.

 Poland's ruling Law and Justice party - already at odds with Brussels over judicial reforms - has said it has the right to manage its own resources and the logging is needed to control a beetle infestation.

 Kowalczyk told Reuters he expected the court ruling would focus only on how Poland, the EU's biggest eastern member, had managed the forest up to now. 

 The court "will not, however, indicate precisely future methods to protect (the forest), because it would be a transgression beyond its competence," told Reuters in an interview. 

 If the court made any specific recommendations about the forest's future management, particularly if it banned any logging, then the government would have to discuss it, he added.

 Warsaw wanted to draw up its own protection plan for the forest, he said. "I expect that it will be a compromise between active and passive protection," he added, without spelling out how many trees would be removed under an "active" scheme.

 An adviser to the EU court said in February that Poland's decision to increase logging in the forest did break EU law. While judges are not obliged to follow the adviser's recommendation, they do so in most cases.

 

 CLIMATE BALANCE

 Separately, Kowalczyk said he was seeing some support in Europe and beyond for plans, backed by Warsaw, to let nations balance out their carbon dioxide emissions with absorption of greenhouse gases by forests.

 The plan would be discussed, he said, at U.N. climate talks that Poland will host in December in its southern city of Katowice - the center of the coal-producing Silesia region.

 "The issue of absorbing emissions has its opponents, which is why we realize that these talks will not be easy. We will discuss this - first within the European Union," Kowalczyk said. 

 Many countries want to focus more on cuts in emissions, reckoning the idea of absorption is a sideshow favored by coal-dependent states such as Poland.

 Kowalczyk said he had received a "clear declaration" from China's special representative on climate change that Beijing was interested in the scheme.

 The minister reiterated that Poland wanted to reduce the share of coal in its electricity production to around 50 percent by 2050 from around 80 percent now. 

 "We will be moving slowly from coal to other sources, but it is important that it is not too abrupt," he added. 

 

 (Editing by Andrew Heavens) </s> The European Union’s highest court has ruled that Poland violated environmental laws with its massive logging of trees in one of Europe’s last pristine forests.

The ruling on Tuesday by the European Court of Justice said that in increasing logging in the Białowieża forest, Poland failed to fulfil its obligations to protect natural sites of special importance.

In a blow to Poland’s ruling nationalist party, which has also been accused by the EU of weakening the rule of law, judge Marek Safjan said the logging in the ancient forest endangered many species of birds and insects.

Poland had argued that felling the trees was necessary to fight the spread of bark beetle infestation.

Environmentalists say the large-scale felling of trees in Białowieża was destroying rare animal habitats and plants, in violation of regulations. They held protests and brought the case before the court last year.

Poland has since replaced its environment minister and stopped the logging. Warsaw has said it will respect the EU court’s ruling, which comes into force immediately.

If Poland fails to stop the logging, the government risks a minimum fine of €4.3m and up to tens of millions of euros.

James Thornton of environmental legal group ClientEarth, one of the groups who complained to the European Commission, said: “This is a huge victory for all defenders of Białowieża forest. Hundreds of people were heavily engaged in saving this unique, ancient woodland from unthinkable destruction.

“We warned that the increased logging would breach EU law even before the minister officially authorised it. From a legal perspective, the case has been as clear as day from the beginning – it was very obvious that the law was being broken.

“This is not the end of our fight. The ruling is just on paper for now: we need to see concrete action. First, the decisions that allowed logging must be withdrawn. Then, the Polish government should also consider enlarging the national park so it encompasses the whole of Białowieża forest. This is the only way to guarantee that devastation of the forest will not happen again. We believe that this world heritage site and one of the last primeval forests in Europe deserves it.”
Polish environment minister Henryk Kowalczyk says Poland alone should decide the fate of the protected Białowieża Forest, ahead of a European Court of Justice ruling on whether additional logging allowed by the Polish government at the UNESCO world heritage site breaches European Union rules.