Environment Protection Law - Regulatory and framework

Updated: 17.07.2024

What are the key legal acts and regulations concerning environment protection?

The key legal acts concerning environment protection include:

EU Environmental Policy

The provisions of Articles 11 and 191–193 of the Treaty on the Functioning of the European Union (TFEU) grant the EU the right to act in all areas of environmental policy, such as air and water pollution, waste management, and climate change. Due to the long-standing EU policy towards environmental protection, the Union has become a key player taking a leading role in initiatives such as the EU Climate Law or the European Green Deal.

EU environmental law has evolved since the 1970s and currently encompasses hundreds of directives, regulations, and decisions. The effectiveness of EU policy in this area largely depends on its implementation at national, regional, and local levels.

In 2001, the EU adopted non-binding minimum standards for environmental inspections to reduce differences in their implementation among Member States, and obligated EU countries to introduce effective criminal sanctions for the most serious environmental crimes.

The European Network for the Implementation and Enforcement of Environmental Law (IMPEL) supports the exchange of ideas and best practices among environmental inspectors and law enforcement authorities. In 2016, the Commission launched the Environmental Implementation Review under the REFIT program, aiming to simplify regulations and reduce costs.

The European Environment Agency (EEA), established in 1990, supports the development and evaluation of environmental policy and informs the public about it. Additionally, the Copernicus program provides satellite observation data, and the European Pollutant Release and Transfer Register (E-PRTR) provides key data on emissions from industrial facilities in the EU.

Objectives of EU Environment Policy

According to the TFEU, EU policy contributes to achieving the following objectives:

1. Preserving, protecting, and improving the quality of the environment,
2. Protecting human health,
3. Prudent and rational utilization of natural resources,
4. Promoting measures at the international level to address regional or global environmental problems, particularly combating climate change.

Principles of EU Environmental Policy

Environment Decisions in Poland

Environmental decisions are regulated by the Act on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection, and Environmental Impact Assessments, with a division into decisions required for projects that may always or potentially significantly affect the environment.

Although the catalog of projects requiring an environmental decision is specified in a Regulation of the Council of Ministers, this classification is subject to disputes between authorities and investors.

What is the purpose of an environment decision?

An environmental decision is the first decision in the entire investment process that determines the location of a given project from the point of view of environmental protection and prevention of negative impacts.

This assessment must take into account the potential threat to the environment, in particular the self-purification ability of the environment, the renewal of natural resources, natural and landscape values, and the conditions of local spatial development plans. For this reason, an application for an environmental decision should be submitted before applying for a decision on land development conditions and a building permit.

Legal nature of environment decision in Poland

It should be noted that an environmental decision is not discretionary, and therefore if the investor meets the statutory requirements, the authority is obliged to issue such a decision. Moreover, during the qualification process of a given project, all objective factors must be considered, not just the documentation provided by the investor.

The decision itself does not authorize the implementation of the project, but it is only the basis for further decisions issued in the investment process. The conditions specified in it cannot be modified.

However, there is an exception to this rule, which is the institution of a repeat environmental impact assessment. Such an assessment can be conducted for investments for which construction projects are generally issued, i.e., building permits, permits for the implementation of road investments, permits for the implementation of public airport investments, and decisions under the Act on Special Principles for the Preparation and Implementation of Flood Protection Projects.

This is due to the fact that during the development of the construction project, previously unknown environmental impacts may arise that could not be predicted.

Environment impact assessment

The process of obtaining an environmental decision involves conducting an environmental impact assessment, which must be carried out for all projects that may always significantly affect the environment and projects that may potentially significantly affect the environment if such an assessment is requested by the investor whose project is located in areas covered by forms of nature protection, or if such an assessment is requested by the authority issuing the environmental decision.

Communities access

According to the case law of the CJEU and the provisions of the EIA Directive (Directive 2011/92/EU of the European Parliament and of the Council), communities interested in the investment must be guaranteed access to participate in decision-making procedures concerning environmental protection by expressing opinions and comments on the matter.

The result of the assessment should be the ability to determine and evaluate the effects related to the implementation of the planned project, as well as an analysis of the impacts the investment will have on the environment after its implementation.

During such an assessment, the authority should evaluate the benefits, costs, and losses that the project may cause. The impact of the investment on the population – “health and living conditions,” i.e., economic and demographic conditions, impact on material goods and monuments, impact on the landscape, and the possibility of exploiting mineral deposits, must also be assessed.

It is also required to assess to what extent the planned investment may influence the occurrence of serious accidents, natural or construction disasters. It should also be indicated whether there are organizational, technical, or technological solutions that allow for the prevention or reduction of negative environmental impacts.

What environment permits are distinguished in the Polish legal system, and what are their characteristics?

Integrated Permit in Poland

Since the transposition into the legal system of Directive 96/61/EC (IPPC), replaced by Directive 2010/75/EU of the European Parliament and of the Council of November 24, 2010, on industrial emissions (IED), there has been an integrated permitting system that allows the same categories of installations to be covered by a single environmental permit.

Installations not covered by these regulations are subject to another permitting system requiring sector-specific environmental permits. This concerns air protection, water and wastewater management, and waste management, as further described in the document.

If a plant is subject to the IPPC (IED) permitting system, it can apply for a single integrated environmental permit for all activities on its premises. However, this is not very popular because every change to the installation requires an application for a modification of the integrated permit. Therefore, in practice, it is better to cover the IPPC installation with an integrated permit and the related installations that may change in the future with separate sector-specific permits.

An integrated permit is required for installations that can significantly pollute the environment. These include, among others, large industrial installations such as steel mills, power plants, refineries, installations for the production and processing of metals, cement plants, landfills, and waste incineration plants.

These installations must be operated in accordance with the best available techniques (BAT) adopted by the European Commission through decisions, which define the most efficient and advanced level of technology and methods of operation used as a basis for setting emission limit values to prevent or, where this is not possible, reduce emissions and their impact on the environment as a whole.

For how long is the integrated permit issued?

An integrated permit is issued for an indefinite period. At least once every five years, the permit must be reviewed by the competent authority.

Additionally, the permit requires review if there has been a change in the best available techniques (BAT) allowing for a significant reduction in emissions without causing excessive costs, or if it is necessary to adapt the operation of the installation to changes in environmental protection regulations, or if the impact of the installation on the environment has changed to a degree indicating the need to modify the permit in terms of the conditions or emission values specified therein.

Breach of integrated permit

The environmental inspector has the duty to order the closure of an installation if the operator has not obtained the required integrated permit, or if the operator does not comply with the conditions of the issued permit.

In practice, in the case of non-compliance, the inspector sets a deadline for rectifying it, and the installation will be closed only if the operator fails to take appropriate corrective actions within the set time.

Installation without required permit

An operator who operates an installation without the required permit or violates its conditions may also be fined. Additionally, the plant may be subject to higher environmental fees if it does not obtain the required permit.

If the operation of any installation, including non-IPPC installations, causes significant environmental damage or poses a threat to human life or health, the authority responsible for enforcing environmental protection regulations must order the cessation of such activities.

To what extent is the public assured access to environment information and what is its role in environmental protection?

The right to environmental information is guaranteed by various legislative levels: international, EU, and national. Article 74(3) of the Constitution of the Republic of Poland clearly states that “everyone has the right to information about the state and protection of the environment.” Similar obligations arise from Article 4(1) of the Aarhus Convention, which imposes on the parties the obligation to ensure public access to environmental information upon request.

This right is granted to everyone, meaning both natural and legal persons, as well as organizational units without legal personality. To obtain environmental information, the applicant only needs to specify the scope of the requested information. Justification of the request or indication of the purpose for which the information will be used is not required. This ensures broad and unrestricted access to information, which is crucial for transparency and public engagement in environmental protection.

Regulation of Access to Information on the Environment in Poland

The Act on Access to Information on the Environment and its Protection and Environmental Impact Assessments provides the public with important tools for active participation in decision-making processes related to environmental protection. The right to submit comments and motions in administrative proceedings is a key element of this Act, enabling citizens to influence decisions regarding their surroundings.

Every citizen has the right to submit comments and motions in proceedings requiring public participation. These comments, defined as observations, opinions, or remarks, aim to inform administrative authorities about social issues and expectations. They serve as a form of social control, mobilizing administrative bodies to seek solutions that align with the expectations of individuals and social groups.

On the other hand, motions, which are formal requests for specific actions, aim to implement changes proposed by the applicants. Motions differ from comments in their formalization and require specific actions from administrative bodies.

Environment procedures with public participation

Directive 2003/35/EC of the EU also imposes on Member States the obligation to ensure that the public has effective opportunities to participate in proceedings related to environmental protection. Member States must ensure that the public is informed about applications concerning plans or programs, has the opportunity to express opinions, and the results of public participation are taken into account when making decisions.

Social organizations and institutions, including environmental ones, can exercise the right to submit comments and motions. These rights are also granted to natural and legal persons, as well as organizational units without legal personality that have the status of social organizations.

Comments and motions may concern both procedural and substantive issues. Their scope is not limited, meaning they can cover all aspects of a given administrative case, including requests for evidence or hearings.

Special Rights of Environment Organizations

Environmental organizations have the right to declare their participation in the proceedings at any stage, provided that they have been active in the field of environmental protection for at least 12 months before the commencement of the proceedings.

It is important that environmental organizations do not need to submit a request to be admitted to the proceedings; they can declare their participation directly, simultaneously presenting their position. If the declaration is accepted, the organization gains all the rights of a party to the proceedings, such as the right to submit evidence requests, participate in administrative hearings, or access case files. However, they cannot submit requests for suspension or discontinuation of the proceedings.

Environmental organizations also have the right to appeal administrative decisions. Notably, they can do so even if they did not participate in the proceedings before the first-instance authority. The appeal must be justified by the statutory objectives of the organization, and the administrative authority may require additional justification.

Similarly, environmental organizations can file complaints with administrative courts against decisions issued in proceedings requiring public participation. These complaints can be submitted even if the organization did not participate in the proceedings, provided that its statutory objectives justify such action.

Sectoral and Thematic Regulations

Below we present sectoral or thematic guides regarding Polish regulations in the areas of:

• Air pollution, standards, and emission permits,
• Waste generation and management,
• Water pollution and management,
• Chemical production,
• Reduction of gas emissions and increase in energy efficiency,
• CBAM,
• Greenwashing.

How is environment crime regulated in the Polish legal system?

Legal liability in the field of environmental protection is divided into several types, depending on the nature of the violated norms:

1. Civil liability – concerns the obligation to repair damage caused to the environment. The provisions regulating this liability are mainly found in the Civil Code and the Environmental Protection Law.
2. Criminal liability – covers crimes against the environment, specified in the Penal Code and in specific laws, as detailed below.
3. Administrative liability – includes, among others, the imposition of fines and the issuance of administrative decisions ordering the rectification of violations.

Legal Framework of Criminal Liability for Environmental Damages in Poland

The main regulations of legal liability in environmental protection are found in:

• Civil Code – regarding liability for damage caused to the environment.
• Penal Code – contains provisions concerning crimes against the environment.
• Specific laws – such as the Environmental Protection Law, Hunting Law, and Nature Conservation Act, regulating specific aspects of environmental protection.

Since 2007, the Act on Preventing Environmental Damage and its Repair has been in force, introducing preventive and remedial mechanisms. This Act imposes an obligation on entities to undertake actions aimed at preventing damage and repairing any damage caused.

What does Polish Penal Code provide? What has changed after the amendment of the Act in 2022?

In Poland, environmental protection became one of the key elements of the 2022 amendment to the Penal Code. A new chapter was introduced, dedicated exclusively to environmental crimes resulting from economic activities that may lead to the production of environmentally harmful waste, dust, gases, liquids, or radioactive substances.

The regulations emphasize crimes of abstract threat, where the mere violation of environmental law is punishable. This approach is necessary because proving direct causation of harm by an individual entity can be difficult. The regulations are a comprehensive environmental response, that covers violations related to improper use, storage, or transport of substances, and production technologies that may endanger human health or cause destruction in ecosystems.

Criminal law plays a subsidiary role in environmental protection, meaning it intervenes mainly in more serious cases. In contrast, misdemeanor law plays an important role at an earlier stage, penalizing minor violations of national environmental policy act regulations, which helps prevent more serious crimes.

Chapter XXII of the Penal Code, for the first time in Polish legal history, places a strong emphasis on environmental protection as a primary good. Previously, this protection was mainly regulated by non-codal provisions. The new regulations comply with international environmental negotiations and EU environmental legislation (directives), which oblige member states to criminalize environmental harms.

Types of Environment Crimes in Poland

All environmental crimes are prosecuted ex officio. A conviction for any of these crimes may result in the imposition of a compensatory measure.

New regulations of Polish Environment Law

Agreement of the Council and the European Parliament on more sustainable packaging and packaging waste

The Council Presidency and representatives of the European Parliament reached a preliminary political agreement on the draft regulation on packaging and packaging waste. The aim of these regulations is to reduce the growing amount of packaging waste produced in the EU, harmonize the internal market for packaging, and support a circular economy.

The new regulations cover the entire life cycle of packaging, imposing requirements for recycling and minimizing the content of hazardous substances. They assume that all packaging must be recyclable and contain the least amount of harmful substances. In addition, labeling requirements have been introduced to better inform consumers.

The new regulations aim to significantly reduce the production of packaging waste by setting binding quantitative targets for the reuse of packaging. Restrictions on the use of certain types of single-use packaging have also been introduced, and the industry is required to minimize the mass and volume of packaging. For example, the new regulations limit the maximum void space to 50% in collective, transport, and e-commerce packaging.

The regulation tightens the rules on substances contained in packaging, prohibiting the placing on the market of packaging intended for contact with food that contains per- and polyfluoroalkyl substances (PFAS) above a specified threshold. The Commission is to assess within four years from the date of application of the regulation whether this restriction should be changed.

New binding targets for packaging reuse have been set for 2030 and 2040, varying depending on the type of packaging. Additionally, the regulations require member states to establish deposit systems to achieve the selective collection of at least 90% of single-use plastic bottles and cans annually by 2029.

The new regulations introduce restrictions on single-use plastic packaging for fruits and vegetables, food and beverages in the hospitality sector, small cosmetic and toiletry products used in the hotel industry, and very light plastic shopping bags.

The preliminary agreement must still be approved by representatives of the member states in the Council and the Environment Committee in the European Parliament. After formal adoption and publication in the Official Journal of the EU, the regulatory process is to enter into force 18 months later.

The production of packaging and the management of packaging waste generate a total turnover of EUR 370 billion annually in the EU. Despite improvements in recycling rates, the amount of packaging waste is increasing faster than the amount of waste being recycled. In the last decade, the amount of packaging waste increased by nearly 25%, and forecasts indicate further growth by 2030.

The current EU Directive on Packaging and Packaging Waste, first adopted in 1994, has proven insufficient in limiting the negative impact of packaging on the environment. The new international agreements aims to strengthen actions towards a more sustainable circular economy, in line with the goals of the European Green Deal.

New EU regulations on batteries

As part of a significant step towards a sustainable future, the European Union introduced Regulation (EU) 2023/1542 on batteries and waste batteries. This regulation aims to ensure that batteries used in the EU have a low carbon footprint, contain minimal harmful substances, and are highly collected, reused, and recycled.

This regulation aligns with the broader EU transition to a circular economy, being a milestone of the European Green Deal, and is expected to enhance the EU’s strategic autonomy, supply chain security, and competitiveness.

The new rules apply to all types of batteries, including portable batteries, electric vehicle (EV) batteries, industrial, starter, lighting, and ignition (SLI) batteries, and light means of transport (LMT) batteries, such as electric bicycles, electric mopeds, and electric scooters.

The regulation sets ambitious targets covering the entire lifecycle of batteries:

1. Manufacturers of portable batteries must achieve a collection target of 63% by the end of 2027 and 73% by the end of 2030. For LMT batteries, the targets are set at 51% by the end of 2028 and 61% by the end of 2031,
2. Recovery of lithium from waste batteries at 50% by the end of 2027 and 80% by the end of 2031, subject to changes based on market and technological developments,
3. Recovery of other metals, such as cobalt, copper, lead, and nickel at 90% by the end of 2027 and 95% by the end of 2031,
4. From August 18, 2031, industrial, SLI, and EV batteries must contain at least 16% cobalt, 85% lead, 6% lithium, and 6% nickel,
5. By the end of 2025, recycling efficiency targets are set at 80% for nickel-cadmium batteries, 75% for lead-acid batteries, 65% for lithium batteries, and 50% for other waste batteries. Higher targets for lead-acid and lithium batteries are planned from the end of 2030.

Additionally, safety and sustainability are to be increased by:

1. Imposing restrictions on hazardous substances, such as mercury, cadmium, and lead,
2. Requiring information on their carbon footprint on batteries,
3. Detailed information on battery components and the content of recycled materials provided via a QR code by 2027. For LMT, industrial, and EV batteries, a “battery passport” will be required, and labeling requirements will come into force from 2026.

Companies are required to identify, prevent, and counteract social and environmental risks associated with the sourcing, processing, and trading of raw materials, such as lithium, cobalt, nickel, and natural graphite.

Additionally, the regulation mandates that portable batteries in appliances be removable and replaceable by end-users by 2027, and LMT batteries by independent professionals. Regulation (EU) 2023/1542 comes into effect on February 18, 2024, with detailed provisions being introduced gradually according to an established schedule.

Frequently Asked Questions (FAQ) on Environment Protection Laws and Policies in Poland