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The Court of Justice of the EU confirms environmental NGOs can challenge forest management plans
The CJEU ruled on March 2, 2023, that Polish law violated EU biodiversity conservation laws and the Aarhus Convention by preventing the public from challenging forest management plans in court. The Court determined that such plans, when they significantly affect Natura 2000 sites, constitute 'decisions' under the Aarhus Convention, granting environmental NGOs access to judicial review. While the ruling specifically addresses plans impacting protected sites, the author notes that other plans may still be challengeable under Article 9(3) of the Aarhus Convention if they contravene national environmental law.
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Document type: Legal commentary
The new EU Framework for Forest Monitoring and Strategic Plans
ClientEarth argues that the proposed EU Framework for Forest Monitoring and Strategic Plans must prioritize the accessibility of remote sensing data and public transparency to combat forestry crime and mismanagement. The document highlights a significant decline in the carbon sequestration capacity of EU forests by 28% between 2013 and 2018 and criticizes the low rate of compliance checks under the EU Timber Regulation (EUTR), where 99% of domestically-harvesting companies were excluded from checks between 2015 and 2020. ClientEarth advocates for a common EU-wide platform for real-time data to support risk-based compliance planning and the 'substantiated concerns' mechanism for public reporting of illegal logging.
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Document type: Statement
Shadow report on the state of conservation of the World Heritage property Bialowieza Forest
The report details unprecedented commercial logging in 2017, the failure to establish an integrated management plan, and the exclusion of stakeholders from governance. It highlights the destruction of old-growth forest habitats and the illegal upgrading of the Narewkowska road, concluding that the site meets the prerequisites for inscription on the List of World Heritage in Danger.
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Document type: Report