Ogonowska | In Principle

The energy transition requires decisive actions in many sectors of the economy. This demands a legal framework enabling a shift away from fossil fuels and towards renewable energy sources. In September 2023, regulations for agricultural biogas plants went into effect which are expected to finally unleash Poland’s biogas potential.

Poland is relatively late in establishing a deposit-refund system for beverage containers. After many years of pronouncements by politicians, the act did not enter into force until 13 October 2023. Functioning of the scheme is set to launch on 1 January 2025, leaving little time for businesses to prepare. But questions remain whether the system will start working as the parliament expected on the designated date.

The environment is a key element of real estate development and construction, and has a major impact on the duration of the process. In 2023, there was increased legislative activity in this area, but we will not know its real impact on the construction process until 2024.

According to a report published in 2021 by the European Environment Agency and the European Maritime Safety Agency, 13.5% of total transport greenhouse gas emissions in the European Union originate from ships. Transforming maritime transport into a sustainable and environment-friendly sector requires actions on many levels. One of them is to enable ships moored in port to use shore-side electricity.

The newest episode of News from Poland—Business & Law focuses on Poland’s energy transition and especially offshore wind farms. Adrianna Ogonowska, attorney-at-law, who specialises in environmental protection issues associated with biodiversity and protection of the marine environment, will tell us about the legal aspects of such projects.
 

An end to the mass discarding of packaging and waste. Instead, recycling, refillable packaging, a deposit on plastic bottles and limits on disposable bags. Such changes are proposed in a new draft regulation of the European Commission. The changes are to be implemented gradually.

A government bill on port reception facilities for waste from ships (print no. 2223) was released in May 2022. The bill would implement into Polish law Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, and is intended to adapt Polish ports to global and local market requirements.

Companies’ increased interest in offshore wind energy makes the legal regulations in this area a subject of interest for the parliament, which is trying to upgrade the regulations. The latest changes are intended to ensure safety during construction and operation of offshore wind farms.

A proposal to amend the regulations on issuance of project permits was released on 18 May 2022. The proposal is expected to streamline development procedures, primarily for issuing decisions on environmental conditions.

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.