Preliminary ruling says Polish logging Bialowieza was illegal

The Polish government ordered a threefold increase of logging operations in Bialowieza Forest in 2016. The government allowed harvesters to cut down 188.000 cubic meters of wood in the Natura 2000 site. Supposedly, the increased logging was there to control the outbreak of damaging bark beetles. Also, the government would minimise the risk of forest fire this way. However, the European Commission, UNESCO and scientists believe these were excuses for commercial logging of the valuable old-growth forest. In response, the EU Court of Justice ordered a direct ban on all logging operations in Bialowieza Forest. It stated that all harvesters and chainsaws had to leave the site in July. However, Poland openly admitted to ignore the EU Court’s ruling.

Please also read: Poland ignores EU Court and UNESCO, continues logging in World Heritage Bialowieza forest

Action from NGOs and EU Court

By the end of October, a formal letter of complaint was addressed to the European Commissioner for Environment. The letter was signed by

The European Commission requested the EU Court of Justice to fine the Polish government for their actions. In November, the Court threatened Poland with a daily fine of €100.000,- if illegal logging continued. The Polish government stopped the logging operations immediately, supposedly because of successful measured against the bark beetle.

Consequences of actions

But the story continues, as the Advocate General of the EU Court of Justice declared this week, that the Polish logging operations were illegal. Ignoring the Court’s order, seems to finally have its consequences. The Advocate General Yves Bot states that the Polish government has failed to fulfil the obligations for the signed Habitats Directive and Bird Directive, which include the Bialowieza Forest.

The Advocate General considers, in the first place, that Poland has not implemented the necessary measures for the conservation of the Natura 2000 Puszcza Białowieska site. […] In the second place, after noting that it had also been argued that the measures at issue represented a plan or project not directly connected with or necessary to the management of the Natura 2000 site within the meaning of the Habitats Directive, the Advocate General recalls that if such a plan or project is likely to have a significant effect on the site, it must first be the subject of an appropriate assessment of its implications for the protected site, so that it can then be authorised if it does not adversely affect the integrity of the site.

states the Court of Justice of the European Union press release.

Final decision in a few weeks

The Advocate’s opinion is non-binding, and preliminary to the final decision from the Court of Justice. The Court will make this final decision within the next weeks. The Polish government has confirmed it will abide the final judgement of the Court. However, the Polish government still claims that all actions were in the best interest to keep the forest in its best shape for the current and future generations.

The NGO ClientEarth expects that Poland will face charges for neglecting required impact assessments on site, and failed to protect rare and endanger forest inhabitants.

Commercial logging in disguise

Poland is not the only country that is increasing its logging operations. A special report on sanitary logging in Romania revealed commercial logging operations instead. Furthermore, the Estonian government took decisions recently that will heavily impact and threaten the Estonian forests. Logging of commercial forests is fully legal and regulated, but higher demands lead to creative illegal actions to harvest timber from protect areas.

Read the full press release from the EU Court of Justice below:

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Sign the Open Letter to the German Ministry

Join more than 70 forest experts demanding a radical change in the German forest management system.

Open Letter to the German Ministry of Food and Agriculture

Federal Ministry of
Food and Agriculture
Minister Julia Klöckner
11055 Berlin

Dear Minister Klöckner,

The current situation of the forest in Germany is worrying. It is a forest crisis not only driven by climate change. The current crisis management of the forestry industry is backward-looking and harmful to the forest. The declaration announced at the meeting of ministers in Moritzburg can be described as a `Moritzburg declaration of bankruptcy´. We call on the state forestry industry to, instead of expensive rushed actions, finally carry out an expert analysis of its own work and to involve all stakeholders in this process. What is called for is a consistent departure from plantation forestry and a radical shift towards a management that treats the forest as an ecosystem and no longer as a wood factory.

On 1stAugust 2019, five forestry ministers of CDU and CSU-led states adopted a so-called “master plan” for the forest in Germany, which was affected by heat, bark beetles, fire and drought. As of 2020, the federal government is to make 800 million euros available as a reaction to climate change. This money is to be used to repair the damage caused, reforest the damaged areas and carry out `climate-adapted´ forest conversion – including the use of non-native tree species that have not yet been cultivated in the forest. Research should therefore focus on on tree species suitability and forest plant breeding in the future – keyword: `Climate-adapted forest of the future 2100´.

Remarkably, the damage caused primarily by the extreme drought of 2018 is attributed solely to climate change. Climate change is meeting a forest that is systemically ill due to the planting of non-native tree species, species poverty, monocultures, uniform structure, average low age, mechanical soil compaction, drainage etc. A healthy, resistant forest would look differently! The master plan emphasizes: sustainable, multifunctional and `active´ forest management remains indispensable – and thereby means that its unnatural state cannot be changed. Reference is made to the `carbon storage and substitution effects´ of wood products. The use of wood, e.g. in the construction industry, should be increased and thus the demand for wood should be further fueled – while knowing that the forest in Germany already cannot meet this demand. In fact, forest owners are suffering from poor timber prices due to an oversupply of trunk wood on the world market.

All these demands make clear: the current forestry strategy, which has been practiced for decades, should not change in principle. The concept is simple: cut down trees – plant trees. At best, the `design´ of the future artificial forests consisting of perfectly calculated tree species mixtures, that are believed to survive climate change without damages, can be changed. In all seriousness, the intention is to continue selling the public a so-called `future strategy´ to save the forest. This strategy seamlessly follows the model of a wood factory, that is met with general rejection and must be regarded as a failure in view of the coniferous plantations that are currently collapsing on a large scale. An essential part of the forests that have currently died is exactly the part that was reestablished in 1947 as coniferous monocultures on a much larger area than today. There is only one difference to the situation at the time: considerable amounts of money are to be made available from taxes for forest owners this time.

Climate change is progressing, and this, without a doubt, has massive impacts on all terrestrial ecosystems, including forests. To pretend that the last two years of drought alone caused the disaster is too cheap. On closer inspection, the disaster is also the result of decades of a forestry focused on conifers – in a country that was once naturally dominated by mixed deciduous forests. People do not like to admit that for more than 200 years they have relied on the wrong species of commercial tree (spruce) and have also created artificial, ecologically highly unstable and thus high-risk forest ecosystems. A whole branch of business has become dependent on coniferous wood. And now the German coniferous timber industry is on the verge of bankruptcy.

It would only have been honest and also a sign of political greatness if you and the forestry ministers in Moritzburg had declared: Yes, our forestry industry has made mistakes in the past, and yes, we are ready for a relentless analysis that takes into account not only purely silvicultural, but also forest-ecological aspects. Instead, you have confined yourselves to pre-stamped excuses that are already familiar to everyone and that lack any self-critical reflection.

Clear is: We finally need resting periods for the forest in Germany, which has been exploited for centuries. We need a new, ecologically oriented concept for future forest – not a hectic `forest conversion´, but simply forest development closer towards nature. This gives the forest as an ecosystem the necessary leeway to self-regulate and react to the emerging environmental changes. We need a systemic forest management that is no less profitable than the present one, but must be substantially more stable and resistant to foreseeable environmental changes. The aid for forest owners that all citizens are now required to pay through their taxes is only politically justified in the interest of common good, if the forests of the future that are being promoted by it, do not end up in the next disaster, some of which is produced by the forest management itself.

That is why the signatories request from the the Federal Government, and in particular you, Mrs Klöckner, a master plan worthy of the name:

On disaster areas (mainly in public forests!) reestablishment through natural forest development (ecological succession), among other things with pioneer tree species, is to be brought about. In private forests, ecological succession for reestablishment must be purposefully promoted. Larger bare areas should be planted with a maximum of 400 to 600 large plants of native species per hectare in order to permit ecological succession parallelly.
To promote ecological succession, the areas should no longer be completely and mechanically cleared; as much wood as possible should be left in the stand (to promote optimum soil and germ bed formation, soil moisture storage and natural protection against browsing). In private forests, the abandonment of use in disaster areas should be specifically promoted for ecological reasons and in order to relieve the burden on the timber market.

Regarding the promotion of reestablishment plantings in private forests: priority for native tree species (of regional origin); choose wide planting distances in order to leave enough space for the development of pioneer species. For the forests of the future: Minimize thinning (low-input principle), build up stocks through targeted development towards old thick trees, protect the inner forest climate / promote self-cooling function (should have highest priority due to rapidly progressing climate change!), prohibit heavy machinery, refrain from further road construction and expansion, permit and promote natural self-regulatory development processes in the cultivated forest and on (larger) separate areas in the sense of an compound system; drastically reduce the density of ungulate game (reform of hunting laws).

Like in the field of organic agriculture, which has been established since the 1980s, the crisis of our forests should be the reason today to transform at least two existing forestry-related universities. They should be turned into universities for interdisciplinary forest ecosystem management. This is a contribution not only to the further development of forestry science and silviculture in Germany, but also of global importance! The goal must be to produce wood through largely natural forest production and to start with it here in Germany, the birthplace of forestry.

Motto: SYSTEMIC FOREST ECOSYSTEM MANAGEMENT INSTEAD OF WOOD FACTORY

**your signature**

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