environmental protection | In Principle

Two major proposals for ESG directives—the Corporate Sustainability Due Diligence Directive (CSDDD) and the Corporate Sustainability Reporting Directive (CSRD)—are currently working their way through EU institutions. Soon, more and more companies will have to take environmental, social and governance issues into consideration in the course of their day-to-day operations if they wish to stay in business and remain competitive. It is high time for companies to develop and implement an ESG strategy.

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.

As economic activity in the Baltic Sea increases, there will be more situations where multiple undertakings are planned in the same area. Deciding on these cases can be challenging for the authorities and the administrative courts.

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.

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.