environmental protection | In Principle

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.

Plastic straws, disposable utensils, and certain types of containers for food and drink will disappear from store shelves across the European Union by 3 July 2021 at the latest. The ban on their sale is one element in the EU’s battle with plastic waste flooding the world.

A draft Act Amending the Waste Act and Certain Other Acts has been submitted to the Polish parliament. The proposal is designed to totally digitise the Database of Products, Packaging and Waste Management (known as the Waste Database or BDO). The proponents’ aim is also to expand the functionality of BDO so that it is also used by businesses to maintain their current waste records. This would allow the authorities to easily identify the generator and subsequent possessors of wastes.

A bill has been released recently regulating the minimum distance for a planned development project in the agricultural sector if it might generate an odour. The proposal comes in light of an increasing number of complaints and motions about odours given off by animal care and breeding facilities.

The new Water Law entered into force on 1 January 2018. Since then, the law has been amended several times, and one such amendment has just come into force. Some provisions of the act concerning water permits have been changed as of 20 September 2018. The system of fees for water services has also been slightly modified. Moreover, several dozen changes have clarified these regulations.

Work has begun on the government’s side on a bill amending the Waste Act and certain other acts. The provisions are a reaction to disturbing reports of waste entering Poland illegally and landfill fires which are hazardous, reported by the media in recent weeks.