Crossing of the Vistula Spit: NIK has filed notices to the prosecutor’s office

The Vistula Spit Crossing, an ambitious project to connect the Vistula Lagoon to the Gulf of Gdansk, is again in the spotlight following the publication of the results of an audit by the Supreme Chamber of Control (NIK). In a communiqué on Monday, the NIK revealed that inspections had revealed irregularities that prompted the institution to file two notices with the prosecutor’s office. Potential crimes committed by project managers, including the former minister of maritime affairs and the director of the Maritime Office in Gdynia, have been pointed out.

NIK audit

In 2022. The Supreme Audit Office conducted a detailed audit of the Vistula Spit diversion project, analyzing the preparation, implementation and supervision of the investment. The purpose of the audit was to check the compliance of activities with applicable laws, the efficiency of spending public funds and compliance with procurement procedures.

NIK files notices to prosecutors

The results of the audit revealed serious irregularities, such as cost overruns, unjustified increases in the scope of work, and numerous deficiencies in bidding procedures. As a result, the NIK has sent two notices to the prosecutor’s office on suspicion of crimes by those responsible for the project, including the former minister in charge of maritime affairs and the director of the Maritime Office in Gdynia. In addition, the Chamber has issued a notice to the public finance ombudsman for spending public funds without authorization.

The Supreme Chamber of Control informs that following the inspection D/22/506 Planning and implementation of the construction of the waterway connecting the Vistula Lagoon with the Gulf of Gdansk conducted at the Ministry of Infrastructure and the Maritime Office in Gdynia, the Supreme Chamber of Control filed two notices to the prosecutor’s office on the possibility of committing a crime of exceeding powers, i.e. of the acts specified in Art. 231 § 1 of the Criminal Code, and one notice to the Public Discipline Ombudsman for spending public funds without authorization, i.e. of the acts specified in Art. 11 paragraph. 1 of the Law on Responsibility for Violation of Public Finance Discipline – reports the NIK in a press release.

The Chamber found that prior to the 2020 program update, the Director of the Maritime Office in Gdynia exceeded the total project budget by PLN 157.7 million. In addition, budget funds were spent for purposes unrelated to project implementation. As the Chamber points out, many investment tasks were implemented in violation of the principles of reliability, legality, economy and expediency.

Allegations against the minister

The NIK also found that the former minister in charge of maritime affairs, in the draft resolution on the long-term program Construction of a waterway connecting the Vistula Lagoon with the Gulf of Gdansk , did not specify a realistic material and financial scope for the investment. In 2019-2020, he did not inform the Council of Ministers about the increase in the value of investments, which deprived the project of economic justification.

The Minister, while supervising the activities of the Director of the Maritime Office in Gdynia, did not intervene to bring the activities of the Director of the Office into compliance with the provisions of the applicable law, consciously accepted such activities on the grounds that the conduct was rational, and even misled the Director of the Office,” the NIK additionally points out.

According to a report published last November, the original cost of the project was estimated at PLN 880 million. However, by the end of the audit, in other words, by the end of April 2024, the figure had increased by 125 percent, reaching nearly PLN 2 billion.

Investigation underway

The Regional Prosecutor’s Office in Gdansk has taken steps to resolve allegations and evaluate the bidding procedures related to the implementation of the Vistula Spit Crossing, as well as the project’s compliance with applicable law. A preliminary investigation into the actions of the former maritime minister is currently underway. Separate proceedings involving the former director of the Gdynia Maritime Authority focus on possible overstepping of authority. All of these activities are crucial to establishing full responsibility for potential project irregularities.

Importance for infrastructure

The Vistula Spit Crossing project is one of Poland’s key infrastructure projects, which aims not only to increase the country’s transportation independence, but also to strengthen regional security and stimulate socio-economic development. The audit by the Supreme Audit Office and the prosecutor’s investigations that followed are important for assessing the effectiveness of the implementation of this project and for making the necessary changes in the management of similar investments in the future. The aim of these measures is to ensure that public funds are spent efficiently and lawfully, and to hold those responsible for any abuses accountable.