The Supreme Administrative Court of Poland suspended the canalization works on the Odra river

CCB • March 14, 2023

Is the State Water Holding Polish Waters above the law?

Abstract:
● There is evidence that despite the verdict of the Supreme Administrative Court of Poland (NSA), Wody Polskie and their subcontractors are continuing regulatory work on the Oder.
[Watch the video available below]
● The verdict of the NSA is a great success for the natural diversity of the Oder landscape, as well as for the people living along the river.
● The decision of the NSA is a victory for Polish and German NGOs (Naturalists Club, Eko-Unia Association, SOT, N., Deutscher Naturschutzring, BUND, NABU), demanding that the works be stopped as harmful to the ecosystem of the river, which is particularly weakened after the ecological disaster that hit the Oder in July and August 2022.

A brief history of lawlessness


The NSA's order of the 7th of March this year leaves no doubt. Wody Polskie should stop the regulatory works on the Oder. The justification states, among other things: "However, in the light of the case at hand, the Supreme Administrative Court considered that the suspension of the execution of the environmental decision, in the case of the ongoing implementation of this project, implies a real obligation to suspend the works in progress as part of its implementation. In the opinion of the Supreme Administrative Court, the adoption of a different position would not only be contrary to the principles of environmental law, but would also mean depriving the parties of their right to a court, which, having regard to the principle of a democratic state of law, cannot constitute a façade institution."


Thus, the NSA dismissed the complaint of the State Water Holding Company Wody Polskie (PGW WP) against the decision of the Voivodship Administrative Court (WSA) on 9 December 2022, which had already ordered the suspension of the works.


"This is a success, but this is what normality should look like, given the law" comments Ewa Leś, an expert for Governance for Transboundary Freshwater Security from the Save the Rivers Coalition and Coalition Clean Baltic, - "Let's remember that the Oder is a transboundary river of three countries that should work on its best condition, not devastation. There is also a need for coordinated efforts between HELCOM [1] and the International Commission for the Protection of the Oder River against Pollution [2] in the future, especially considering the source-to-sea approach and the role of healthy rivers in achieving good environmental status in the Baltic Sea" she continues.


Here it is worth mentioning that the WSA's decision in December to stop the works should have been enforced when it was issued. In spite of this, Wody Polskie continued to regulate, citing the final Permits for the Realisation of the Investment. At the same time, WP filed a complaint and decided to wait for the settlement of the NSA. This ruling has just been announced. The NSA upheld the decision of the lower instance, which means an immediate injunction to stop the works. Despite this, the materials attached to this information clearly show that Wody Polskie is breaking the law and disregarding the verdict of the NSA, which is no longer subject to appeal. This is outrageous, especially in the context of what the Oder River went through in August 2022 and in view of the still high salinity levels in the river and the presence of 'golden algae' in it.

Credit: Jacek Engel, Greenmind Foundation

"The works must be stopped immediately. Especially after the ecological catastrophe on the Oder in 2022, more attention must be paid to the transboundary effects of construction activities on protected species and habitats. The ecological processes and resilience of the river must be prioritised" - says Krzysztof Smolnicki, from the Coalition "Time for the Oder" and the Foundation for Eco-development.


Radosław Gawlik, from the Eko-Unia Association (Poland), is not optimistic: "It is likely that the current Polish government and water administration will disregard the decisions to stop the works to channel the Border Odra. The prosecutor's office subordinated to the government will not do anything in this case either. There will be a chance for a decision of the European Court of Justice. This worked for the Polish government in the case of deforestation in the Białowieża Forest and the Czech government's complaint about the environmental impact of the Turów open pit."


***


NOTES

The Save the Rivers Coalition and the Coalition "Time for the Oder" are monitoring this issue and are available for any information and materials.

The above Press note comes from Save the Rivers and Coalition "Time for Oder", written by Rafał Rykowski.


[1] The Baltic Marine Environment Protection Commission – also known as the Helsinki Commission (HELCOM) – is an intergovernmental organization (IGO) and a regional sea convention in the Baltic Sea area. More info here.

[2] ICPO - International Commission for the Protection of the Oder River against Pollution is one of thirteen international commissions for the protection of rivers, lakes and seas whose catchment areas lie within the territory of more than one country. More info here.

Photos by IISD/ENB - Natalia Mroz

First meeting of the Open-Ended Working Group (OEWG) on the Global Framework on Chemicals (GFC)

By CCB • July 2, 2025
The first meeting of the Open-Ended Working Group (OEWG) on the Global Framework on Chemicals (GFC) was held in Punta del Este, Uruguay, from 23–27 June 2025 , bringing together government representatives, intergovernmental and non-governmental organizations, including the Coalition Clean Baltic representative, the private sector, youth, and academia. This marked the first global gathering since the GFC was adopted at the Fifth International Conference on Chemicals Management (ICCM5) in 2023. The primary focus of OEWG-1 was to take stock of progress since ICCM5 and to discuss how best to operationalize the framework’s goals. Participants exchanged views on implementation needs and priorities, as well as preparatory work for the first International conference of GFC , expected in 2026. Advancing Implementation Programmes Across Key Sectors A central discussion point was the development of terms of reference (ToR) for three Implementation Programmes under the GFC. One of these programmes will include sector-specific sub-programmes , aiming to promote safer chemicals management practices in industries such as electronics, textiles, health care, and construction . The intent is to support sector-wide engagement, innovation, and accountability in reducing chemical risks. Delegates also addressed the selection and future treatment of chemical Issues of Concern (IoCs) - substances or groups of substances that require global attention, e.g. lead in paints, highly hazardous pesticides, environmentally persistent pharmaceutical pollutants , and others) . While there was broad support for retaining all currently recognized IoCs, discussions highlighted the need for clear criteria, dedicated workplans, and adequate resourcing to ensure each IoC is actively addressed rather than left unresolved. Financing as a Cornerstone of Effective Implementation Discussions made clear that successful implementation of the GFC will require adequate, sustained, and predictable financial resources . The meeting explored the operation of the GFC Fund , with particular attention to how it might be improved to ensure equitable access to financial resources , especially for low- and middle-income countries. Ideas for a resource mobilization strategy were also shared, with many participants emphasizing the importance of sustained public and private sector contributions. There was significant support for applying the “polluter pays” principle , ensuring that industries contributing to chemical pollution take financial responsibility for managing its impacts. The intersessional work ahead of COP1 will be critical for shaping a robust financing mechanism that matches the framework’s ambition. Global Alliance on Highly Hazardous Pesticides launched A major milestone from the meeting was the launch of the Global Alliance on Highly Hazardous Pesticides (HHPs) . This new initiative aims to promote international collaboration, knowledge exchange, and support for safer alternatives, including agroecological approaches that reduce reliance on harmful substances in agriculture. Regional Perspectives: Implications for the Baltic Sea “ For the Baltic Sea region , chemicals management remains a critical environmental and public health issue ”, commented Eugeniy Lobanov, Leader of the Hazardous Substances Working Area at Coalition Clean Baltic . “ Implementation of the GFC provides an opportunity to reinforce regional actions under the HELCOM Baltic Sea Action Plan , especially concerning the reduction of hazardous substances entering the marine environment, e.g., pharmaceutical pollutants ”. It is important that Baltic Sea countries actively contribute to the GFC’s development and ensure regional priorities are reflected in global strategies. To read summary report of OEWG 1 . *** Article written by Eugeniy Lobanov, CCB Hazardous Substances Working Area Leader Photos by IISD/ENB - Natalia Mroz

Joint NGO recommendations on Baltic Sea fishing opportunities for 2026

By CCB • June 17, 2025
On Wednesday, 28 May, the International Council for the Exploration of the Seas (ICES) published its scientific advice for fish stocks in the Baltic Sea . In response, environmental NGOs from around the Baltic Sea region urge the European Commission to propose, and fisheries ministers to adopt, fishing opportunities at levels well below the headline advice to safeguard ecosystem needs and dynamics and allow for rapid recovery of Baltic Sea fish populations.