project | In Principle

On 7 February 2022, the Polish Sejm adopted an amendment to the Criminal Code introducing a controversial proposal for ordering the forfeiture of vehicles driven by intoxicated traffic offenders. Ordered by the criminal court, the change of ownership from the driver to the State Treasury is intended to help the justice system effectively combat road hogs and drunk drivers. The amendment is currently being considered by the Senate, which can still make changes. But it can already be predicted that rulings on vehicle forfeitures will face difficulties.

In June 2022, the European Commission presented a proposal for new legislative solutions to restore ecosystems and enhance biodiversity in Europe. This innovative set of provisions will require member states to design and implement specific measures to restore the damaged environment of the European Union.

In recent months, the wind power sector in Poland has observed the progress of work on a bill to amend the Wind Energy Investment Act and certain other laws. It is much-awaited by the industry, due to the stringent “10H rule” still in force. On 15 June 2022, the Minister of Climate and Environment submitted the bill to the government’s Legal Committee.

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.

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.

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.

In late March, the European Commission published another package of proposals aimed at making the European Green Deal a reality. Some of the proposals relate to specific product categories, e.g. construction products and textiles, but there is also no shortage of proposals to make products more sustainable and environment-friendly.

In Europe and worldwide, the battery market is undergoing revolutionary changes. The World Economic Forum predicts that global demand for batteries will be 14 times greater in 2030 than it is today. This means that the number of plants producing them must increase significantly. In 2030, the European Union could account for 17% of the global market demand for batteries. Among other things, this is influenced by the growth of the digital economy, low-carbon mobility, and renewable energy. The number of problems related to battery production and unregulated issues has inspired the European Commission to make decisive changes in European law, the effects of which will be felt not only by the battery industry but also directly by consumers.

Businesses are to be held legally accountable for failing to exercise due diligence to prevent human rights violations from occurring in their supply chains. On 23 February 2022, the European Commission published a long-awaited draft Directive on Corporate Sustainability Due Diligence.

In recent months, the wind power sector has observed the progress of work on a bill to amend the Wind Energy Investment Act and certain other laws. It is much-awaited by the industry, due to the stringent “10H rule” still in force. The bill is expected to be sent to the Polish parliament in the first quarter of 2022, but the first draft by the Ministry of Development and Technology has already been released.

Following the posts on the Government Legislation Centre website can be an interesting experience. Sometimes, seemingly trivial legal changes lead to a number of serious consequences. It is likely that such consequences will touch businesses in a specific market rarely mentioned in public debate. This is the market for telecommunication services at Polish prisons. Seemingly innocuous, the proposed changes could completely eliminate Polish companies from this market.

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.