{"id":131964,"date":"2026-03-06T14:04:36","date_gmt":"2026-03-06T14:04:36","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=131964"},"modified":"2026-03-06T14:04:36","modified_gmt":"2026-03-06T14:04:36","slug":"poland-environment","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/poland-environment\/","title":{"rendered":"Poland: Environment"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-131964","comparative_guide","type-comparative_guide","status-publish","hentry","guides-environment","jurisdictions-poland"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DZP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/DZP_EN_RGB_graphite_vertical.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DZP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/DZP_EN_RGB_graphite_vertical.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Environment laws and regulations applicable in Poland<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the environmental framework and the key pieces of environmental legislation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>1.2 General provisions regarding environmental protection are set out in the Polish Constitution. According to Article 5 of the Constitution, the Republic of Poland shall, among other things, ensure protection of the environment, guided by the principles of sustainable development. Therefore, public authorities are obliged to pursue policies ensuring the ecological security of current and future generations, and to protect the environment. Moreover, Article 74 of the Constitution obliges public authorities to pursue policies ensuring ecological security for both present and future generations, to protect the environment, to support citizens&#8217; efforts to preserve and improve it, and to guarantee everyone the right to information on the state of the environment and its protection.<\/p>\n<p>Key pieces of environmental legislation include:<\/p>\n<p>&#8211; the Environmental Protection Law of 27 April 2001 (Journal of Laws of 2025, item 647, as amended), which lays down the general principles of environmental protection, conditions for using environmental resources and administrative duties. It is also a key instrument for implementing and applying EU environmental law.<\/p>\n<p>&#8211; the Act on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments of 3 October 2008 (Journal of Laws of 2024, item 1112, as amended), which sets out the rules and procedures for, among other things, accessing environmental information and environmental impact assessments.<\/p>\n<p>&#8211; the Nature Conservation Act of 16 April 2004 (Journal of Laws of 2026, item 13), which sets out the objectives, principles and legal forms of protection of animate and inanimate nature and the landscape (e.g. national parks, nature reserves, landscape parks).<\/p>\n<p>&#8211; the Water Law of 20 July 2017 (Journal of Laws of 2025, item 960, as amended), including detailed rules for water protection. This Law also implements EU directives.<\/p>\n<p>&#8211; the Waste Act of 14 December 2012 (Journal of Laws of 2023, item 1587, as amended), which regulates matters related to waste management.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who are the primary environmental regulatory authorities in your jurisdiction? To what extent do they enforce environmental requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Environmental requirements are implemented and enforced by \u201cpublic administrative bodies\u201d, including ministers (the primary authority is the minister competent for climate matters) and other central and local government bodies. There are also \u201cenvironmental protection bodies\u201d which are appointed to perform public tasks in the field of environmental protection within their statutory competences. The list of \u2018environmental protection bodies\u2019 includes, but is not limited to: voievodes, General Director of Environmental Protection and regional directors of environmental protection.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the framework for the environmental permitting regime in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Polish environmental permitting regime has three main tiers: integrated permit, sectoral emission permits (such as air emission permit or waste generation permit) and a notification\/registration regime for lower-impact installations that might still have a negative effect on the environment. In addition, separate water law authorisations, which take the form of a water law permit (required for activities such as the construction of water structures) or notification to the relevant body for lower-impact installations, are required for activities involving the use of water.<\/p>\n<p>The competent authority will refuse a permit if the applicable environmental protection conditions are not met or the permit would be inconsistent with certain environmental standards.<\/p>\n<p>Sectoral permits are usually issued for a fixed term of up to 10 years, whereas integrated permits are issued for a non-fixed term (unless requested otherwise) and have to be reviewed at least every five years or upon certain defined events.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can environmental permits be transferred between entities in your jurisdiction? If so, what is the process for transferring?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, most environmental permits can be transferred between entities. The transfer process differs depending on the permit and the circumstances. In some cases, succession is automatic, while in others the transfer requires action from both the entity and the issuing authority. There is no universal procedure that applies to all types of environmental permit.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights of appeal are there against regulators with regards to decisions to grant environmental permits?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish law, administrative decisions granting environmental permits are issued after administrative proceedings have ended.<\/p>\n<p>Under general Polish administrative law, any party to administrative proceedings has the right to appeal a first instance administrative decision to a higher administrative authority. Administrative courts exercise control of public administration activity and adjudicate in matters involving complaints against administrative decisions. However, a judicial review is not available until the right to appeal is exhausted.<\/p>\n<p>Ecological organisations may participate in environmental decision-making proceedings on the rights of a party (without needing to demonstrate a legal interest), submit comments and requests during public participation procedures, and bring appeals against decisions as well as complaints to administrative courts. They also hold the right to bring civil claims in defence of the environment as a common good and to challenge advertising that contravenes environmental protection rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are environmental impact assessments (EIAs) for certain projects required in your jurisdiction? If so, what are the main elements of EIAs (including any considerations in relation to biodiversity or GHG emissions) and to what extent can EIAs be challenged?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>EIAs can be required for some projects which require an environmental decision to be obtained before any other administrative decisions (e.g. building permit) are issued. For investments listed in the Council of Ministers Regulation of 10 September 2019 on projects that may have a significant impact on the environment (Journal of Laws, item 1839, as amended) as ones that always have a significant impact on the environment (e.g. construction of large industrial plants), an EIA is obligatory. For the second category of investments, i.e. those that could potentially have a significant impact on the environment, the administrative authority may require an EIA to be carried out after \u201cscreening\u201d has been conducted.<\/p>\n<p>An EIA, designed to analyse an investment\u2019s impact on the environment, involves a review of the report on the environmental impact of the project, the opinions and approvals required by law being obtained and public participation in the proceedings being ensured.<\/p>\n<p>At the stage of proceedings prior to an environmental impact decision being issued, comments and proposals concerning the EIA may be submitted by the parties, including social organisations.<\/p>\n<p>The findings of the environmental impact report forming the basis for the environmental impact assessment may be challenged in an appeal against the first instance authority decision or in a complaint to the administrative court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the framework for determining and allocating liability for contamination of soil and groundwater in your jurisdiction, and what are the applicable regulatory regimes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Obligations related to the remediation of soil and groundwater contamination depend on when the contamination occurred. The Polish legal system refers to two types of contamination, covered by two separate legal acts: historical contamination (contamination which occurred before 30 April 2007 or as a result of activity which ended before 30 April 2007), regulated by the Environmental Protection Law of 27 April 2001 (Journal of Laws of 2025, item 647, as amended) [do we need to keep repeating this?], and contamination that occurred after the aforementioned date and remediation thereof regulated by the Act on the Prevention and Remedying of Environmental Damage of 13 April 2007 (Journal of Laws of 2020, item 2187) [and here?].<\/p>\n<p>The main principle governing the removal of historical contamination is that responsibility for its removal lies with the owner of the land affected by the contamination, whereas in case of the environmental damage the \u2018polluter pays\u2019 principle applies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Under what circumstances is there a positive obligation to investigate land for potential soil and groundwater contamination? Is there a positive obligation to provide any investigative reports to regulatory authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At present, an assessment of soil contamination is carried out by district governors, who send the relevant information to the Regional Director for Environmental Protection.<\/p>\n<p>The Regional Director for Environmental Protection can issue a decision obliging the landowner to conduct land contamination testing. This applies only to historical contamination and in certain circumstances (e.g. change of land use or information obtained from district governors).<\/p>\n<p>It is worth noting that while such tests are not always required by way of an administrative decision, the structure of responsibility for historical contamination remediation means that appropriate soil testing is required for most transactions.<\/p>\n<p>Responsibility for remediation of historical contamination rests with the landowner, unless they can prove that the historical contamination of the land surface occurred after they took possession of it and was caused by another specified entity. If another entity caused the contamination with the full awareness of the landowner, they are jointly responsible for its remediation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If land is found to be contaminated, or pollutants are discovered to be migrating to neighbouring land, is there a duty to report this contamination to relevant authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, whenever historical contamination is discovered, it has to be reported to the Regional Director for Environmental Protection.<\/p>\n<p>In the case of damage to the environment which occurred after 30 April 2007 regulated by the Act on the Prevention and Remedying of Environmental Damage of 13 April 2007, the obligation to report the damage or the risk of environmental damage lies with the entity using the environment (e.g. farmer, entrepreneur).<\/p>\n<p>For both historical contamination and environmental damage remediation must be carried out on the basis of a decision by the Regional Director for Environmental Protection approving the remediation plan. It is worth noting however, that despite similarities they are two different decisions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the owner of land that is affected by historical contamination have a private right of action against a previous owner of the land when that previous owner caused the contamination?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Owner of the land affected by the historical contamination is not entitled to compensation from the previous owner of the land based on the provisions of the Act of 27 April 2001 Environmental Protection Law. However, this does not preclude claims under civil law, which may arise, for example, from representations and warranties given by the seller in the land transfer agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key laws and controls governing the regulatory regime for waste in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Poland is bound by both national laws and EU law. The key laws applicable to waste include, but are not limited to:<\/p>\n<p>&#8211; the Act of 27 April 2001 Environmental Protection Law (Journal of Laws of 2025, item 647, as amended).<\/p>\n<p>&#8211; the Waste Act of 14 December 2012 (Journal of Laws of 2023, item 1587, as amended), which regulates matters related to waste management and implements some of the waste-related EU directives. Under the Waste Act a database is established in which information is collected on products, packaging and waste management, including decisions and permits as well as international waste shipments.<\/p>\n<p>&#8211; the Act on Keeping Municipalities Clean and Tidy of 13 September 1996 (Journal of Laws of 2025, item 733), which operates alongside the general Waste Act and governs the management of municipal waste.<\/p>\n<p>&#8211; the Act of 24 April 2009 on batteries and accumulators (Journal of Laws of 2025, item 809), which lays down rules related to batteries and accumulators.<\/p>\n<p>&#8211; the Act on Packaging and Packaging Waste Management of 13 June 2013 (Journal of Laws of 2025, item 870, as amended), which lays down obligations regarding certain types of packaging waste and introduces a country-wide deposit system.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do producers of waste retain any liabilities in respect of the waste after having transferred it to another person for treatment or disposal off-site (e.g. if the other person goes bankrupt or does not properly handle or dispose of the waste)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general rule is that producers are responsible for management of the waste they produce. However, responsibility can be transferred, i.e. waste management can be entrusted to authorised entities that hold appropriate administrative decisions, such as a permit to collect waste or a permit to process waste. Waste being transferred to an unauthorised entity does not extinguish the producer\u2019s responsibility. It is worth noting that certain entities to which responsibility can be transferred are legally obliged to establish financial security in a sufficient amount.<\/p>\n<p>For producers of hazardous waste, the Waste Act introduces a more qualified \u2013 and more restrictive \u2013 form of release from liability: a hazardous waste producer, with the exclusion of producers of end-of-life vehicles and waste electrical and electronic equipment, is released from responsibility for the management of such waste at the moment it is transferred to the final recovery process or the final disposal process by the waste holder conducting the process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent do producers of certain products (e.g. packaging\/electronic devices) have obligations regarding the take-back of waste?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Poland, there is an extensive extended producer responsibility framework under which producers, importers and others who place certain products on the Polish market must organise and\/or finance the collection, recovery and recycling of the resulting waste. Obligations vary substantially depending on product type and are spread across several statutes. There is no single &#8220;take-back&#8221; rule; the regime is built around recovery and recycling targets backed by a product levy as the financial enforcement mechanism, supplemented for specific streams by a direct collection system and take-back obligations. Additionally, work on the extended producer responsibility (EPR) scheme for packaging is currently under way.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the duties of owners\/occupiers of premises in relation to asbestos, or other deleterious materials, found on their land and in their buildings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The matter of asbestos is regulated by main three acts: the Act Prohibiting the Use of Products Containing Asbestos of 19 June 1997 (Journal of Laws of 2025, item 1708), the Minister of Economy, Labour and Social Policy Regulation of 2 April 2004 on the methods and conditions for the safe use and disposal of products containing asbestos (Journal of Laws No. 71, item 649, as amended) and the Minister of Economy and Labour Regulation of 14 October 2005 on occupational health and safety rules for securing and removing products containing asbestos and a training programme on the safe use of such products (Journal of Laws No. 216, item 1824).<\/p>\n<p>Owners, perpetual usufructuaries and managers of properties, buildings, construction equipment, industrial installations or other places containing asbestos are obliged to carry out inspections of the condition of these facilities. If they contain products that are assessed as excessively worn or damaged, the parties listed above are obliged to replace these products with products that do not contain asbestos. Asbestos removal work may only be carried out by contractors which meet the statutory requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please outline any regulatory initiatives in your jurisdiction regarding the restriction, prohibition, requirement to monitor or similar as regards PFAS.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Except for the EU regulations which also apply to Poland (such as Regulation 2023\/915 ), there are no additional Polish laws on PFAS, neither is there any information on initiatives to be undertaken in this respect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are product regulations (e.g. REACH, CLP, TSCA and equivalent regimes) applicable in your jurisdiction? Provide a short, high-level summary of the relevant provisions.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Poland, as an EU Member State, is fully subject to the EU product regulation framework, while the US Toxic Substances Control Act is not applicable. The key piece of domestic legislation in this area is the Act on Chemical Substances and Mixtures, which governs the classification, labelling, and handling of chemicals at the national level. In addition, relevant implementing regulations apply, including those relating to the SEVESO regime \u2014 in particular, the regulation setting out the list of hazardous substances and their threshold quantities, which determines the classification of establishments and the associated obligations of operators.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What provisions are there concerning energy efficiency (e.g. energy efficiency auditing requirements) in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Energy Efficiency Act sets a national final energy savings target and introduces tasks for public entities and rules on making energy savings. The Act introduces the following measures to achieve the target: energy efficiency certificates (granted to companies that reach their annual energy savings targets), alternative measures (state-financed instruments helping to improve energy efficiency), system of monitoring and reporting of energy savings, energy performance contracts in the public sector and obligatory energy efficiency audits for specified entrepreneurs. Implementation of the new Directive 2023\/1791 (which is underway) will modify the targets, amend existing mechanisms, introduce further obligations and create an auditor accreditation system.<\/p>\n<p>The Act on the Energy Performance of Buildings introduces the requirement for energy performance certificates to be obtained for certain buildings, obliges possessors of the buildings to conduct regular controls of heating and air-conditioning systems and requires the authorities to adopt a National Plan for increasing the number of nearly-zero energy buildings and a long-term Building Renovation Strategy. Minimum requirements regarding energy efficiency for new buildings are determined in relevant resolutions. After implementation of the new Directive 2024\/1275, the Strategy will be changed to the National Building Renovation Plan and further major obligations and targets will be introduced to the Act, such as renovation passports, installing solar panels or minimum requirements for new buildings. Poland has until 29 May 2026 to transpose the Directive into national law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key policies, principles, targets, and laws relating to the reduction of greenhouse gas emissions (e.g. emissions trading schemes) and the increase of the use of renewable energy (such as wind power) in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most significant aspect in this regard is that Poland is covered by the EU ETS system, which is the international emissions trading system set up in 2005. The main goal of the system is to reduce greenhouse gas emissions from various sectors by 62% by 2030 (compared to 2005 levels).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have an overarching \u201cnet zero\u201d or low-carbon target and, if so, what legal measures have been implemented in order to achieve this target.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The aim of the EU as a whole is to cut greenhouse gas emissions by 62% by 2030 and to achieve net-zero greenhouse gas emissions by 2050. There are no additional national regulations. As required by Regulation 2018\/1999, Poland submitted to the European Commission a National Energy and Climate Plan in which numerous measures were announced, such as increased use of renewable energy sources.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent does your jurisdiction regulate the ability for products or companies to be referred to as \u201cgreen\u201d, \u201csustainable\u201d or similar terms? Who are the regulators in relation to greenwashing allegations?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Poland is obliged to implement Directive (EU) 2024\/825 before 27 September 2026. This will be done by amending the Act on Counteracting Unfair Market Practices of 23 August 2007 (Journal of Laws of 2023, item 845).<\/p>\n<p>Until then, entities making false environmental claims may be prosecuted under consumer protection regulations for which the Competition and Consumer Protection Office is the competent administrative authority.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any specific arrangements in relation to anti-trust matters and climate change issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At EU level, the Horizontal Guidelines issued by the European Commission along with the Horizontal Block Exemption Regulations clarify the scope of agreements excluded from the general prohibition on antitrust agreements under Article 101 of the TFEU. These documents indicate that agreements between competitors to pursue sustainability objectives are not inherently in violation of EU anti-trust law if they contribute to economic or technical progress while meeting specific, strict conditions.<\/p>\n<p>There are no such specific rules in Polish law, though, similarly, in certain cases, under the Competition and Consumer Protection Act, some agreements may be found not to fall within the scope of the general prohibition on anti-trust agreements, with one of the reasons being their positive effect on technical or economic progress. At the same time, some of the anti-trust investigations conducted by the Competition and Consumer Protection Office concern agreements concluded in sectors connected with environmental issues (such as waste management).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any notable court judgments in relation to climate change litigation over the past three years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Poland, \u201cclimate lawsuits\u201d are still a relatively new domain, partly due to the lack of a climate law that could serve as the basis for such lawsuits. In 2021, five precedent-setting lawsuits were filed against the Polish government for its inaction in the field of climate change. The proceedings are still ongoing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In light of the commitments of your jurisdiction that have been made (whether at international treaty meetings or more generally), do you expect there to be substantial legislative change or reform in the relation to climate change in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, there is no reason to expect a significant change in this respect, although certain provisions on climate change may be targeted for removal or revision as part of deregulation efforts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can the following persons be held liable for breaches of environmental law and\/or pollution caused by a company: (a) the company itself; (b) the shareholders of the company; (c) the directors of the company; (d) a parent company; (e) entities (e.g. banks) that have lent money to the company; and (f) any other entities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Polish environmental law does not operate under a single unified liability statute. Instead, liability is distributed across several regimes \u2014 administrative, civil and criminal \u2014 each covering different categories of persons.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can: (a) a buyer assume any pre-acquisition environmental liabilities in an asset sale\/share sale; and (b) a seller retain any environmental liabilities after an asset sale\/share sale in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Polish environmental law does not contain a single dedicated statute on the allocation of environmental liability in mergers and acquisitions. Instead, the applicable rules arise from several statutes, principally the Environmental Protection Law of 27 April 2001 and the Act on the Prevention and Remedying of Environmental Damage of 13 April 2007, which together determine how environmental liabilities attach to, shift to, or remain with the relevant parties as a matter of public law, regardless of what the transaction documents say. Contractual allocation through indemnities, representations and warranties, and price adjustments is therefore essential in practice to bridge the gap between the statutory default position and the commercial risk allocation the parties wish to achieve.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What duties to disclose environmental information does a seller have in a transaction? Is environmental due diligence commonplace in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Polish law does not impose a general, freestanding duty on a seller to proactively disclose environmental information to a buyer in a commercial transaction. The regime is instead built around: (i) notification and reporting obligations under public law that apply to regulatory authorities rather than buyers, though a great deal of information of this type can be accessed under the Act on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments of 3 October 2008; (ii) a comprehensive system of publicly accessible environmental registers that a buyer can examine; and (iii) civil law liability for defects and misrepresentation that indirectly incentivises disclosure.<\/p>\n<p>Environmental due diligence is well-established in Polish transactional practice, particularly for asset deals involving industrial and post-industrial land or operational installations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What environmental risks can be covered by insurance in your jurisdiction, and what types of environmental insurance policy are commonly available? Is environmental insurance regularly obtained in practice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Available data suggest that environmental insurance is not widely taken out in Poland, though statistics are scarce, especially those published by insurers. Nevertheless, environmental insurance is commonly offered on the market.<\/p>\n<p>Main insurance types are:<\/p>\n<p>1) general liability insurance with extensions. Additional clauses addressing environmental damage extend the scope of civil liability to cover such damage incurred by third parties (as environmental damage is often excluded from general insurance). The scope includes both tort and contractual liability under civil law provisions and may cover both damage stemming from accidents and gradually emerging damage.<\/p>\n<p>2) specific environmental insurance. This type of insurance covers only environmental damage and other costs to remove the consequences of the damage, including, in addition to civil liability, administrative liability, costs of restorative, remedial, post-remedial or preventive measures and the costs of proceedings.<\/p>\n<p>There is also the option to choose an environmental guarantee, which creates the obligation for the insurer to cover the costs of redress in the event of a company being unable to cover them.<\/p>\n<p>There is no obligation to obtain environmental insurance in the Polish legal system, though in some sectors claims have to be secured for certain activities to be conducted. Claims secured are the potential claims of the administrative authority in case damage occurs. Claims may be secured by insurance, a guarantee or a deposit. Moreover, the Act on the Prevention and Remedying of Environmental Damage states that the perpetrator of the damage must redress any damage caused by their actions (thereby implementing the polluter-pays principle introduced by Directive 2004\/35\/CE). Thus, given the high costs of potential liability, taking out insurance may protect a company from future financial risk.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are there public registers of environmental information kept by public authorities in your jurisdiction? If so, what is the process by which parties can access this information?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Act on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments, in addition to requiring public authorities to disclose environmental information upon request, states that administrative authorities competent to conduct proceedings in the cases listed in the Act have to keep public registers of data on documents containing information about the environment and its protection produced in these proceedings. Thus, the registers cover only specific sectors; they do not provide access to documents with information.<\/p>\n<p>There are also other databases with environmental information on a particular topic or a particular area and they mostly include general data or statistics. Registers whose main function is to manage or facilitate proceedings in specific areas or proceedings usually require registration before the data can be accessed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent is there a requirement on public bodies in your jurisdiction to disclose environmental information to parties that request it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main act regulating access to environmental information in Poland is the Act on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments, under which public authorities have to disclose, upon a request filed by anyone, any information that they hold about the environment or its protection. The authorities are also obliged to provide help and instructions as to where this information can be found. A person requesting information does not need to prove their interest in receiving it. In specific cases listed in the Act, a request for information may be rejected. Additionally, in some administrative proceedings concerning the environment, public participation is mandatory, thus the authorities are obliged to guarantee and enable public participation by providing information about the proceedings and making the relevant documentation available. According to jurisprudence, the scope of the disclosure obligation is broad and encompasses all information about the environment held by the authority, such as information on the state of the environment, emissions, official documents and legal measures, though it is up to the authority to decide whether information concerns the environment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any significant updates in environmental law in your jurisdiction in the past three years? Are there any material proposals for significant updates or reforms in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>One of the most significant changes is the introduction of a nationwide deposit system by way of the Act on Packaging and Packaging Waste Management of 13 June 2013 (Journal of Laws of 2025, item 870, as amended). The system aims to ensure the highest possible recovery rate for packaging such as aluminium cans and plastic bottles. Another upcoming change concerns the extended producer responsibility (EPR) scheme for packaging, under which producers will bear higher fees, dependent on the material of the packaging they place on the market. The revenues generated will serve as funds to reduce the waste management costs borne by municipalities.<\/p>\n<p>As regards future significant changes, it should be noted that deregulation initiatives are currently underway in Poland, which may also include environmental regulations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4666<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/131964","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=131964"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}