Construction of a storage reservoir in the Wilcze Doły valley

Subject: Construction of a storage reservoir in the Wilcze Doły valley

Authorities in the Silesian city of Gliwice are planning to construct a storage reservoir in the Wilcze Doły valley. This will necessitate the cutting down of hundreds of trees and shrubs and the destruction of bird habitats. At least 37 species living there are protected, including quail, which are on the red list of endangered species, and red-backed shrike, which are protected throughout the EU under the Birds Directive. This is confirmed by ornithologists.

To build the reservoir, the city obtained financing from EU funds through the National Fund for Environmental Protection and Water Management. The cost is estimated at around PLN 20 million, over 14 million of which is in the form of EU support.

The project to construct a storage reservoir in the Wilcze Doły valley has not been carried out with proper public consultation. According to information provided by the Vice-President of Gliwice, consultation was limited to the posting of information in two offices and an announcement placed in the local press.

1. Is the Commission aware of the plan to construct a storage reservoir in the Wilcze Doły valley, of the fact that it may be in violation of the Birds Directive, and that it will be financed from EU funds?

2. What is the Commission’s assessment of the lack of public consultation on the project in the context of the New Green Deal and the correct application of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment?

Answer given by Mr Sinkevičius on behalf of the European Commission (5 February 2021)

The Commission is aware of the Polish authorities’ plans to build a storage reservoir in the Wójtowianka brook valley in the Wilcze Doły area of the Gliwice town. Pursuant to the Environmental Impact Assessment (EIA) Directive (1) construction of flood defence reservoirs could fall either under Annex I (point 13) requiring an environmental impact assessment procedure or under Annex II (point 10(f)) requiring a screening to determine whether the project has significant adverse impacts on environment and thus must be subject of the EIA procedure.

According to the available information, the environmental permit for the project was issued on 21 June 2016 by the Regional Director of Environmental Protection (RDEP) in Katowice. The project was not subject to the EIA procedure as it was deemed not to have significant impact on environment.

On 12 August 2020, the appeal authority, i.e. the General-Director of Environmental Protection (GDEP) in Warsaw, launched an action for annulment regarding the decision of the RDEP. The decision of GDEP is still pending. In view of the above, the Polish authorities still have possibilities to ensure the compliance of the project with EU environmental legislation including the Birds Directive (2) and the EIA Directive.

The Commission is also aware of the Polish authorities’ plans to co-finance the project from the Cohesion Fund under the Environment and Infrastructure Operational Programme (3). The total project’s cost will be below EUR 50 million and will thus not be submitted to the Commission for approval as a major project. Before including expenditure relating to this operation in payment applications submitted to the Commission, the Polish authorities have to make sure that it complies with all relevant EC law.

⋅1∙ Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on

the environment, OJ L 26, 28.1.2012, p. 1‐21.

⋅2∙ Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, OJ L 20, 26.1.2010, p. 7.

⋅3∙ https://ec.europa.eu/regional_policy/EN/atlas/programmes/2014-2020/europe/2014pl16m1op001