Białowieża Primaeval Forest – a Conflict between the Polish Government and the European Commission

Abstract

The article describes the natural background, the origin, the course and the outcome of the dispute between Poland and the European Commission which was going on in the years 2016–2018 regarding the forest management performed in the Białowieża Forest. The dispute took place on two interrelated levels: natural and legal. The main axis of the dispute between the Polish government and the European Commission was the difference of views as to what actions would prove effective in the fight against the latest gradation of the bark beetle, which occurred with exceptional intensity in the Białowieża Forest in 2015, and what actions would be most beneficial in the context of preserving rare species of birds and insects that make up the fauna of the Białowieża Forest. The article presents extensively the arguments raised by both parties to the conflict in the proceedings before the Court of Justice of the European Union, which were initiated by a complaint filed by the European Commission. As a commentary on these arguments, the views expressed in the scientific literature as to the proper reaction in response to a recurrent infestation of the bark beetle, usefulness and efficacy of the active forest management operations questioned by the European Commission, as well as an impact of these operations on the conservation of natural habitats, insects and birds are presented. The legal dimension of the dispute boiled down to the question of what actions in the situation were allowed, required or prohibited under Polish and EU law.

Keywords

• forest management
• białowieża forest
• bark beetle
• conservation of natural habitats
• european commission