environmental protection | In Principle

Beginning this year, contracts for local government units in performance of their public duties must be executed using vehicles powered by electricity or natural gas. And when awarding contracts for purchase of new means of transport, all contracting authorities must allocate at least a portion of the funds to green vehicles. The Electromobility Act specifies the subject matter of such procurements, limits and types of vehicles.

In November, the European Commission adopted three legislative initiatives seeking to implement the aims of the European Green Deal. They include a proposal for a new regulation on shipments of waste.

The amendment to the Waste Act which is to come into force at the beginning of 2022 implements the amended Packaging and Packaging Waste Directive into the Polish legal system and constitutes a step towards a circular economy. One of the more significant changes relates to by-products.

In August, the long-awaited bill to amend the Packaging and Packaging Waste Management Act was published on the website of the Government Legislation Centre. The aim of the regulation is to implement the new EU provisions on extended producer responsibility for packaging waste. Below, we present the most important features of the new system and attempt to evaluate them.

We have reported here on the 30 March 2021 amendment to the law on environmental impact assessments from the perspective of investors and ecological organisations. In practical application, these provisions are generating more and more doubts.

Nearly two months ago the Ministry of Climate and Environment published a proposal to implement the Single-Use Plastics Directive ((EU) 2019/904) into Polish law. The amendment is supposed to enter into force no later than 3 July 2021, but it is raising many doubts.

On 20 April 2021, the President of Poland signed into law an act amending a number of laws on public participation in proceedings concerning projects likely to have a significant impact on the environment.

The amendment to the act on environmental impact assessments signed into law by the President of Poland increases the powers of environmental organisations and makes obtaining permits for development projects more time-consuming. It will be possible to stay the execution of a decision on environmental conditions, suspending proceedings on project permits. But the law also provides for certain measures that may limit the negative impact of such rulings on investors.

The new emission standard Euro 6D ISC-FCM has been applicable in the European Union since 1 January 2021. It is not only limited to the issue of cleanliness, but also includes an obligation to monitor combustion levels. Gradual reduction of emission limits is included in the consistently implemented EU policy to reduce greenhouse gas emissions.

The classification of damaged and post-accident vehicles imported to Poland as waste still raises many doubts. Recent judgments of administrative courts confirm a strict approach to this issue in judicial practice, posing significant risk for importers of such cars.

At the beginning of 2021, the Regulation of the Minister of Climate of 11 September 2020 on Detailed Requirements for Waste Storage will come into force. The aim of the regulation is to establish uniform standards for waste storage and thus limit the negative impact of this activity on the environment.

Restrictions introduced by individual member states to limit the spread of coronavirus also have a significant impact on businesses involved in international shipment of waste. The European Commission has taken steps to harmonise approaches of individual states to these issues and make it easier for businesses to access the specific new rules in force in each country.