Poland

II. Main elements of EU environmental legislation embodied or becoming adopted in the national legal system

In this chapter:

Environmental regulation of constitutional character

The Constitution of Poland includes a direct provision on environmental protection in Article 71. This article proclaims the citizen's right to profit from the natural environment and his duty to protect it. The article is a more solemn declaration than the legal norm creating independent the legal status of citizens. It is used in the interpretation of certain legal rights.

By amendment of December 1989, Article 12.2, which proclaimed the state's duty to protect the natural environment, was deleted. This change was due, not to an anti-environmental attitude of parliament, but to a change in the constitutional concept of the social and economic aims of state activity. According to the opinion of the majority of parliament, the constitutional provisions on state activities were too strongly rooted in communist ideology and therefore contrary to the concept of the rule of law, which was at that time introduced into the constitution. Consequently, provisions regulating the social and economical aims of the activities of the state were abolished.

There are certain provisions in the constitution indirectly related to environmental protection. The constitution proclaims the citizen's right to protection of health (Article 70) and to recreation (Article 71). The sound quality of the environment is one of the conditions for the realization of these rights.

Article 86 proclaims that the right of petition may be used for environmental purposes. Also of importance for environmental protection is Article 6, which regulates property rights. Of fundamental importance is Article 1, which provides that the Polish Republic is a democratic state based on the rule of law and social justice. This last clause (social justice) embraces environmental protection as one of the elements of social justice. On the grounds of these constitutional provisions, it may be stated that the Polish Constitution provides citizens the right to demand that public authorities keep the proper quality of environment so that citizens can enjoy the values of the environment.

The draft of the new constitution being prepared in parliament proclaims the citizen's right to a sound environment and the duty of the state to maintain a healthy environment, realizing the concept of sustainable development.

The EPA, 1980 comprises the four basic environmental law principles:

To the group of specialized governmental institutions responsible for the environment belong the EPM, SIEP, and the Boards of Water Management.

The office of the EPM was created in 1989. The competence of the minister comprises environmental protection, including nature protection and protection of the marine environment; the management of natural resources; water management and protection against floods; forestry and the protection of forest lands; hunting; meteorology, hydrology and geology. So almost all environmental issues are concentrated in one central authority. According to the act, the minister is obliged to prepare the principles of the government's environmental protection policy. He or she is entitled to participate in the financial and economic planing process. He or she is empowered to regulate the use of natural resources and to create the financial basis for environmental protection. To his or her competence belongs also international co-operation in environmental protection and the stimulation of scientific research.

The minister possesses some legislative power: he or she may issue executive orders if empowered to do so by parliamentary acts. He or she is also authorized to prepare bills and drafts of executive orders for the Ministers' Council. He or she has power to decide on the validity of the administrative decisions of regional governors; such decisions may be appealed for review to the Central Administrative Court. He or she may issue administrative instructions but these are binding only on subordinated officials and not on the parties. They cannot be the legal basis of administrative decisions. The minister has subordinated units only at central level. There is the ministry, the SIEP, the Central Management for National Parks, the General Director of State Forests, the Chief Geologist, the institutes of Environmental Protection and Meteorology and Hydrology, the National Council of Environmental Protection, and the National Council of Nature Conservation. The two latter councils are advisory bodies. The minister has no subordinated units at regional level. The administration of environmental law is executed by the regional governor and agencies subordinated to him or her in the regional office. The minister has, according to law, only the competence to assist the regional governor with professional advice and help.

The SIEP was created by the act of 20 July 1991. It replaced the formerly existing office of the same name, but of a different legal character. The SIEP is a governmental agency subordinated to the EPM, but separated from the ministry and acting on its own responsibility. The Chief Inspector is appointed by the prime minister on the motion of the EPM. The Deputy Chief Inspectors and Regional Inspectors are nominated by the minister. The minister also regulates the organization of the SIEP. It has three primary tasks:

  1. the supervision of the observance of environmental law,
  2. the management of national environmental monitoring,
  3. the prevention of ecological disasters and the control of their effects.

The regional inspectors supervising the observance of environmental law may enter any establishment, facility or other premises, as well as any means of conveyance, in which an economic activity is being conducted. They may require the attendance and testimony of witnesses and the preparation of reports, papers, documents, answers to questions, and other information that they deem necessary. They may also obtain samples and make necessary analyses. If it shall appear from any such examination that the persons conducting economical activity fail to comply with environmental law requirements, the inspector may:

  1. issue an instruction aiming to end the illegal situation,
  2. issue an administrative decision conferring the obligation to take measures eliminating the harmful influence on the environment, or impose a fine, or suspend the activity not complying with the environmental requirements, or
  3. start the execution of measures to eliminate or contain the harm.

These rights of regional inspectors are rather broad and discretionary. But it must be remembered that their enforcement is supervised at the last instance by the Central Administrative Court. Besides, their legal basis is not limited to the Act on SIEP; the EPA, 1980 as well as other acts setting up environmental requirements, must also be taken into account. These acts prescribe more detailed conditions for the decisions of the regional inspectors.

The supervision is not limited to the economic activity, but also covers the administrative authorities. The regional inspector may demand from any administrative and communal authority information or documents pertaining to environmental protection. If it appears from this information or documents that environmental law requirements are violated, the regional inspector may demand the starting of administrative proceedings or take part in pending proceedings. In such proceedings, the inspector has full procedural rights including the right of appeal to the Central Administrative Court.

The two subsequent tasks of the SIEP (management of environmental monitoring and the prevention and combating of ecological disasters) are very important. Yet their character is more organizational and political than legal. The SIEP is obliged to organize and administer the national monitoring system and the emergency planning system.

There are also the boards of water management organized at regional level according to the river basins. They are not administrative agencies, but water management units, but according to the Water Act of 1974, these boards may be empowered with some competencies of the minister. The important of this is the competence to regulate the transfer of water between the basins.

General environmental policy

Council Recommendation 75/436/Euratom, ECSC, EEC - Polluter Pays Principle

The polluter pays principle is deeply rooted in Polish environmental law. This principle is declared by EPA, 1980. According to the act, the polluter is obliged to keep pollution within the limits set up by law, is responsible for the damage made by the pollution, must pay charges for use of the environment, and must pay fines for illegal use of the environment. There are no liability provisions in the EPA, 1980. The act comprises civil law provisions.

The standards which are binding on the polluter are twofold: environmental quality norms (air, noise) and the emission norms (water). Production must be must so arrange that these standards are met.

The polluter is also obliged to pay environmental charges for:

The polluter must pay financial fines for non observation of the legal requirements of environmental protection. The polluter must pay for pollution to air that exceeds the level decided in the decision. Also, in the case of waste storage contrary to legal requirements, the polluter must pay fines.

The polluter must pay fines if more water than was authorized in the license is taken or if more sewage or sewage that contains more pollutants than was authorized in the license is introduced.

The polluter must pay the fine when the noise produced by the plant transgresses the allowable levels of noise established in the decision.

These fees and fines are imposed according to EPA, 1980 and the Water Act, 1974 along with appropriate executive acts. The Water Act, 1974 and executive orders (Executive Order of the Ministers' Council on Fees for the Use of Waters of 27.12.1993, Dz.U. No. 133 position 637; amended Dz.U. no 140, position 773 of 1994; and Executive Order of the Ministers' Council on Fines for the Violation of Legal Requirements Pertaining to Sewage of 20.06.1995 Dz.U. 79, position 400, and the Executive Order of the Ministers' Council on Fines for the Uptake of Water in Transgression of License of 2 November 1985, published in Dz.U. no 52 position 271) regulate the imposition of fees and fines for water uptake and the introduction of sewage. Other fees and fines are imposed on the basis of EPA, 1980 and executive orders (Executive Order of the Ministers' Council on Fees for the Economic Use of the Environment of 28.12.1994, Dz.U. no 140, position 772; the Executive Order of the Ministers' Council on Fines for the Violation of the Legal Requirements of Environmental Protection of 20.06.1995, Dz.U. no 79, position 339).

These fees fulfill only the redistributive function, but the fines fulfill both the redistributive and incentive functions.

The income from the fees and the fines are gathered to the accounts of the National Fund for Environmental Protection, as well as respective regional and local funds. The income is used for anti-pollution measures and is higher than the cost borne by the polluters.

Council Directive 85/337/EEC - Environmental Impact Assessment

The environmental impact assessment procedure has existed in Poland from 1980, i.e. from the beginning of EPA, 1980. During that period, it was changed several times. At present, there are three instances in which this procedure occurs. It is obligatory and pertains to investments especially harmful to the environment, to highways, and to land-use plans. It may be ordered with respect to existing buildings and a group of buildings by the decision of the regional governors. The main objectives to be assessed in EIA procedure are as follows: protection of human health, quality of life, maintenance of the diversity of species, maintenance of the reproductive capacity of ecosystem. The list of projects which should be made subject to assessment procedures is established by law (the Executive Order of EPM of 13.05.1995, Dz.U. no 52, position 284 and by the Executive Order of EPM of 5.06.1995, Dz.U. no 64, position 332). These projects concur with Annex I and II of Directive 85/337 (with an amendment proposal submitted by the Commission on 21.04.1994). The EIA procedure should assess the influence of the project on the air, land surface including soil, minerals, surface and ground waters, climate, people, flora and fauna, landscape, taking into account their mutual connection. The developers are obliged to prepare the EIA. The public is not involved in EIA procedure and also the transboundary affects are not explicitly taken into consideration in the EIA regulation, although they may be taken into account.

Council Directive 90/313/EEC - Access to environmental information

In principle, there are is not free access to environmental information as provided by Council Directive 90/130. The only such access provided for in Polish law is connected with participation in administrative cases as a party or on behalf of the party. A party in administrative proceedings is a person (physical or legal) whose right or duty is to be decided on in the case (Article 28 of Administrative Procedure Code). An association may demand to be treated as a party (Article 32 ß 2 of Administrative Procedure Code) in a case which decides on the right or duty of a person. In this instance, an organization has the same procedural rights as a party and among this is the right of access to information connected with the case (Articles 73 and 74 Administrative Procedure Code). According to Article 100 point 1 of EPA, 1980 associations have the right to demand that administrative authorities or courts (depending on competence) take action against the acts contrary to the legal protection of environment. In this situation, they acquire the status of a party and the right to information connected with the case. Article 100 point 2 of EPA, 1989 gives associations the right to be informed by the administrative authorities concerning new developments of significant impact on the environment. Administrative Procedure Code, Section VIII allows any person to lodge a complaint or to submit a proposal either in the public interest or in his factual interest. A complaint must be examined by the authority superior to the authority referred to in the complaint. The decision of the authority closes the proceedings.

There is general information available on the state of the environment in the form of a statistical yearbook of environment protection. This yearbook may publish only general data on the environment and not data on individual factories. The legal basis of the statistical yearbook on the environment is created by the act on government statistics.

Council Regulation EEC/880/92 - Eco- label award scheme

There is no legal regulation related to an eco-label award. There are some privately organized affords in this direction, but they have no real value in environmental protection.

Council Regulation EEC/1973/92 - Financial Instrument for Environment ( LIFE )

Environmental funds also exist: the National Fund, regional funds and local funds. The provisions are comprised in the EPA of 1980 (Articles 87 - 88h). The main objectives of the funds is the financial assistance of activities related to environmental protection. The incomes of the funds may be used for investments in the national economy, for R&D activities and for social actions supporting groups which are the victims of industrial development. The support of the environmental fund may be obtained by everyone in the form of loans and subsidies. Subsidies are offered for the realization of aims of a non-profit character.

Council Regulation EEC/1836/93 - Eco-management and audit scheme

Polish law does not include any regulation resembling regulation 1836/93.

Proposal for a Council Directive 93/C 31/106 - Integrated pollution prevention and control

Polish law does not include any regulation resembling proposals for Council Directive 93/C 1/106. The existing authorizations treat air, water and soil separately.

Air

The regulation on air protection is comprised in EPA, 1980 and the Executive Order of 12.02.1990r. These regulations address stationary sources of emission. Each source of emission must have a permit related to allowable emissions. The grounds for this decision are the ambient air quality standards, with the exception of power stations, where there are general emission norms. The mobile sources of emissions are regulated in the Road Traffic Act of 1983.

Council Directive 70/220/EEC - Emission from motor vehicles

The regulation of emissions from motor vehicles is comprised in the Road Traffic Act of 1.02.1983 (Dz.U. of 1992, no 11, position 41 and Dz. U no 26, position 114) and in the Executive Order of the Minister of Road Transport and Marine Economy of 1.02.1993 on the testing of road vehicles (Dz.U. No. 21, position 91; amended 1993 Dz.U. no 134, position 656, 1994 - Dz.U. no 116, position 557, 1995 - Dz.U. no 74, position 374). There are requirements for emission of CO, hydrocarbons (CH) and for the components which cause an opacity of exhaust gases. These requirements are binding for all vehicles used on the roads. The regulation is applicable to positive-ignition engines and compression-ignition engines. The control of these provisions is performed through the registration of cars and other motor vehicles as well as through periodic obligatory reliability compliance tests during their use. The standards are binding both for manufactures of engines and importers, who obtain national type-approval for motor vehicles introduced into the market. There are no tax incentives.

Council Directive 82/884/EEC - Lead in air

The limit value for lead is differentiated depending on whether it concerns specially protected areas. The allowable concentration of pollutants is further differentiated according to the duration of concentration (24 hours or a year). For most areas, the allowable concentration of lead is for 24 hours - 1 /m3 and medium for a year - 0.2 /m3. For specially protected areas, the allowable concentration is for 24 hours - 0,5 /m3 and medium for a year - 0,1 /m3. There are sampling stations of two kinds. At first, plants responsible for the production of lead dust must measure its emission. Secondly, there are sampling stations operated by the State Sanitary Inspection.

Council Directive 84/360/EEC - Industrial plants

The regulation concerning prevention and reduction of air pollution from industrial plants is included in the EPA, 1980 (Articles 25 - 32) and in the Executive Order of EPM of 12.02.1990r on the Protection of Air, (Dz.U. no 15, position 92). According to this regulation, every plant emitting substances included on the list attached to the executive order must have a permit on allowable emissions. The permit may be granted only for such amount and kinds of emission which do not cause violations of ambient air quality standards in the area where the sources of emissions are located. When issuing the permit, the regional governor ought to take into account, not only the current level of pollution, but also the future development. There, he or she ought to reserve a place for new developers. He or she must also take into account pollution coming from abroad. The permits are granted for a limited period of time. The emission permits define the amount and kinds of pollutants for a whole plant, as well as for each source of emission and the conditions of their introduction to the air. In the permit or in separate decision issued after the permit, the authority may prescribe additional obligations necessary for environmental protection.

The Executive Order on Air Pollution of 1990 regulates ambient air quality standards for 45 substances. The standards are differentiated depending on whether they concern a normal area or a specially protected area. The allowable concentration of pollutants is further differentiated according to the duration of pollution (30 minutes, 24 hours, a year).

The authorization requirements are much broader than mentioned in Annex 1 or II of Council Directive 84/360. There are the principles of pollution prevention included in regulation. There is an obligation for all sources of emission to have authorization. The regulations in the Executive Order does not include emission standards based on BATNEEC, nor do they differentiate the emission standards according to the particular technologies.

With only one exception. Energy-producing plants (over 0.2 MWt) have emission standards imposed by the Executive Order on Air Pollution as the general emission standards. These standards regulate the emission of sulfur dioxide, nitrogen dioxide and dust. The quantity of emission expressed in the standards is defined in special technical units based on the relation between the emission of pollutants and the chemical energy of fuel (g/GJ). It must be added that the regional governors which introduce these general emission norms by permit are obliged to decrease the level of pollution laid down by the Executive Order if necessary for the preservation of ambient air quality standards.

Council Directive 89/369/EEC - New municipal waste incinerators

There is no separate regulation for municipal waste incineration plants. They fall under the general requirement pertaining to emission control.

Council Decision 93/389/EEC - Monitoring mechanism of Community CO2 and other greenhouse gas emissions

The problem of emission of CO2 and other greenhouse gases is a contemporary subject of debate and programs are being prepared. An element of a future solution will be charges on CO2 pollution ( 0.10 zl per ton). There are also certain restrictions on the import of substances regulated by the Montreal protocol.

Proposal for a Council Directive 94/C 216/04 - Ambient air quality assessment and management

The policy of air protection in Poland focuses on ambient air quality and management policy. This is due to the fact that the starting point of this policy was ambient air quality standards. Polish law does not know the BATNEEC device (with a slight exception for power stations). Moreover, this policy is very ambitious because it addresses 45 substances which ought to serve as a starting point for emission permits. Taken into account all features of Polish regulation on air protection, it must be said that this regulation expresses a different philosophy to air protection than the EEC directives. Therefore it will be a very difficult task to effect approximation, notwithstanding that there are many legal techniques resembling those in EU regulations.

Chemicals, industrial risks and biotechnology

The regulation of chemicals, industrial risk and labeling dangerous substances is not comprised in one act or set of coordinated acts. These problems are regulated separately.

Commission Directive 67/548/EEC - Classification, packaging and labeling of dangerous substances

The principle of protecting human health and the environment against chemical substance is adopted in legislation, but only in legislation of general character. This legislation is comprised in EPA, 1980. EPA, 1980 does not regulate directly the production, distribution and use of chemical substances; it even does not use this term. Only Article 79, point 1, proclaims that the regulation of Articles 74 - 78 are applicable to the production and delivery of fuels and products which are not machines or other technical equipment. This comprises also chemical substances. The following rules concerning chemical products can be distilled from Articles 74 - 78 of EPA, 1980:

These rules seem important but without implementation their operation can hardly be successful. There are no direct connection with the regulation on specific chemical substances. The main legislation on particular chemical substances is contained in following regulations:

The density of regulations varies, but it may be taken for granted that the following are regulated: labeling and packaging. The detailed requirements are laid down, but they differ depending on the substance. Classification is regulated only in the case of toxic substances. Testing is regulated only with respect to foodstuffs. The permit is among the main administrative procedures used in the case of chemicals.

Council Directive 82/501/EEC - Industrial accidents and emergency response

The regulation on industrial accidents and emergency responses in Poland is different than that of the European Union. These problems are regulated in EPA, 1980 (Articles 104 - 105). The main problem regulated here is the activity of public authorities regional governors being the main authorities responsible for the situation must undertake to control the effects of industrial accidents. No regulation aims towards the elimination of the risk of industrial accidents and the preparation of rescue plans. EPA, 1980 does not regulate the duties of industrial plants, so the prevention measures are outside the regulation of this act. Certain provisions are comprised in the act on the SIEP, 1991 (Articles 29-31) and in the Fire Protection Act, 1991. These two acts formulate the general duties of the plants, but this does not fulfill the requirements of the EU directive.

Council Decision 89/569/EEC - Good Laboratory Practice

There is no regulation concerning Good Laboratory Practice and genetically modified organisms. According to the Act related to the SIEP, 1991 the EPM is obliged to prepare the executive order which will regulate this matter (Article 26 point 4). But until now, this order has not been enacted.

Council Directive 90/220/EEC - Genetically modified organisms

There is no regulation on genetically modified organisms. The Agriculture Ministry is preparing a draft on this matter.

Council Regulation EEC/793/93 - Evaluation and control of the risks of existing substances

There is also no regulation applicable to risk evaluation.

Nature

Nature conservation is regulated by the NPA, 1991 and the executive orders. This is quite a modern regulation, based on vast experience gathered in Poland during the long operation of the Nature Conservation Act of 1949. This act is based on the modern concept of biodiversity. It includes a general proclamation of this principle and underlines the obligation to take it into account in all specific forms of nature conservation.

Council Directive 79/409/EEC - Conservation of wild birds

The NPA, 1991 and executive orders to this act, as well as the Hunting Act, are the basic legislative tools in the protection of wild birds. The NPA, 1991 introduced the protection of species. This protection is directed toward the conservation of species and at same time the conservation of habitats. The main concerns which are taken into account are: ecological, scientific and cultural. In general, the birds under the protection of NPA, 1991 cannot be destroyed (killed). Hunting law does not prohibit the killing of wild birds under its regime. It regulates hunting, introducing the seasons in which hunting is allowed, and the number of birds which may be killed. The protection rendered under the Nature Conservation Act of 1991 is strict, meanwhile. The killing of birds is prohibited under the act except in very special situations. Also, the protection of species includes the protection of the habits of the species under protection. The sale of the wild birds depends on whether the given birds are covered by the hunting law or protected under the NPA, 1991. In the first situation, the killed birds may be sold through the trade organization authorized by the EPM. In the second situation, the sale of the wild birds is forbidden, unless authorized by the EPM.

Council Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora

The existing body of nature conservation legislation is broadly in line with Council Directive 92/43. The Nature Conservation Act proclaims the principles which must be taken into account when using natural resources. According to this act, nature conservation denotes the preservation and proper usage, as well as the restoration and the renewal of natural resources and, particularly, different kinds of wild vegetation and animals as well as natural ecosystems and natural complexes. Nature conservation aims at lasting preservation of natural processes and stability of ecosystems, the preservation of species diversity, and of the natural composition of the earth's surface and its underlying strata. It aims to ensure that the development of species and ecosystems will be lasting (Article 2 of Nature Conservation Act). Another of its aims is the restoration of the proper state of natural resources and natural elements. The management of natural resources ought to be rational and safeguard that the number of individuals of each species is optimal, while at the same time preserving the genetic variety of all life forms in the given areas. Also, the surface of the earth ought to be protected and rationally used and non-living resources protected (Article 41 and 43 of the act). These aims ought to be realized by the special forms of protected areas. About 30 percent of the country's territory is comprised by these forms of nature protection. There are four main categories of protected areas: national parks, nature reserves, landscape parks, and areas of protected landscape. These differ as to size and legal regime of protection. The national park represents strict protection on a relatively large area (1,000 ha and above). Areas of protected landscape are the largest, but receive the weakest form of protection. Besides these forms of protected areas, NPA comprises the regulation on natural monuments (four categories). These forms of nature conservation include also the sensitive areas in the meaning of the directive. Besides these forms of nature conservation, Polish law addresses the protection of particular species of animals and plants (Article 27 of the Nature Conservation Act). All these forms of nature conservation are aimed at the protection of habitat. Introducing the protection of particular species of animals or plants, the EPM also introduces the protection of natural habitat. So Polish legislation has adopted the objectives of biodiversity and sustainable development.

The conservation of natural habitats and the habitats of species belongs to the main objectives of environmental legislation. The areas protected under the Nature Conservation Act and the executive orders to this act are the most important areas under strict protection. Also, the species of animals and plants represent the most valuable of Polish flora and fauna. NPA, 1991 comprises also the provisions on nature conservation outside protected areas (Articles 41 - 47). These provisions must be taken into account by the management of all land. In conservation measures economic, social and cultural requirements, as well as regional and local characteristics, must be taken into account. To encourage the regional and local authorities to participate in nature conservation, the Nature Conservation Act allows them to nominate the areas to be protected as landscape parks and areas of protected landscape. There is a willingness to take part in the European Ecological Network. The relevant research and scientific work is being carried out.

Noise

The regulation on noise is included in EPA, 1980. But this regulation differs markedly from that in Council Directives of the EU. The regulation in EPA, 1980 is concerned with noise in the environment and not confined to noise generated by particular appliances, as is the case with the Directives of the EU. The noise from particular appliances is regulated in Polish law in acts on the standardization and certification or on the production of particular appliances.

Council Directive 70/157/EEC - Permissible sound level of motor vehicles and the exhaust system

Permissible sound levels of motor vehicles and exhaust systems are regulated in the Road Traffic Act and in the Executive Order of 1.02.1993 of the Minister of Transport and Maritime Management on the conditions for the operation of motor vehicles (Dz.U. no. 21 position 91). The Executive Order in 9 point 1 regulates two sound levels: one is for vehicles which obtain national type-approval, and the other for all other vehicles. It regulates the sound level of road vehicles used for road traffic. The obligation to meet the requirements of the Executive Order is one of the conditions of registration. Vehicles which do not meet the requirements pertaining to sound level cannot be registered and as a consequence they cannot be put on the road.

Council Directive 86/594/EEC - Airborne noise emitted by household appliances

No regulation exists on airborne noise emitted by household appliances.

Waste

The regulation of waste management is the weakest point of Polish environment legislation. The definition of waste is obsolete, there is a discrepancy between export-import regulations and regulations for domestic purposes. Domestic regulation is piecemeal and obsolete. It originated in 1980 and has not been changed since.

Council Directive 75/442/EEC - Waste Framework

Polish law includes a general legal obligation on waste management. This is comprised in EPA, 1980 Articles 53 - 58 and the Executive Order of the Ministers' Council of 30.09.1980 on the Protection against Waste and Litter and Keeping Towns and Villages Clean (Dz.U. No. 24 position 91). The main objective of this regulation is recycling (or economic use of waste), which is primarily the obligation of the producer of waste. The recycling of waste means, according to law, its use for production processes, for land reclamation and landfill work, or for liquidation of mining damages (present or future). The system of permits comprises the storage or dumping of wastes, the economical use (recycling) of radioactive waste and recycling of waste containing microbes. Most developed is the regulation on the storage and dumping of waste. Waste can be deposited only in places designated for this purpose by land-use plans. The designation and building of waste deposit sites must be effected according to the law regulating development and building. They must be built and exploited in such a manner that no threat exists against human health and at the same time, that the environment is protected. They are controlled in the same way as any other development and building processes. As is the case for other polluting activities, environmental law provides for fees and fines. The legal construction is the same as for air pollution. The fees are imposed for allowable pollution, e.g. for waste storage according to legal requirements and fines for illegal pollution, e.g. for waste storage contrary to legal requirements. There exists no integrated network of waste disposal installations, nor is a waste management permit required. The only permit required is for waste storage and the recycling of radioactive waste and waste containing the microbes. Waste deposit sites are regularly inspected by SIEP inspectors. There are no regional or municipal plans on waste management.

Council Directive 85/339/EEC - Containers of liquids for human consumption

There is no regulation concerning containers for liquids. This problem was unresolved in the economy of the socialist era and remains unresolved in the market economy. The only measures in operation are based on voluntary agreements between trade and industry.

Council Directive 91/689/EEC - Hazardous waste

The management of hazardous waste is only regulated in the case of trans-boundary shipping of waste (import and export). For domestic purposes, there isn't even a legal notion of hazardous waste. Instead, the law defines three categories of waste: 1) radioactive waste, 2) waste containing microbes and 3) waste especially harmful to the environment (waste containing poisonous substances is regulated by the Act related to Poisonous Substances of 1963). The storage (disposal by landfill) of these types of waste requires the same arrangements and records as waste not falling under these categories. The economic use and neutralization of the first two categories of waste must be approved by the public authority.

Council Directive 94/67/EC - Incineration of hazardous waste

There is no separate legislation on the incineration of hazardous waste. Incineration must fulfill the same requirements as pertain to other forms of industrial activities.

Proposal for a Council Directive 93/C 212/02 - Landfill of waste

The disposal of waste by landfill is regulated in EPA, 1980 and in the Executive Order of 30.09.1980. This regulation covers all kinds of wastes. An owner or operator of a waste site is obliged to keep a record of the amount and kinds of wastes deposited. He or she is also responsible for the exploitation of the deposit site according to the requirements of environmental protection and sanitary protection. He or she is obliged to refuse the admittance of wastes whose composition is unknown. He or she is also obliged to inform the relevant authority when he decides to end the exploitation of the site. He or she must inform the authority on the completion of reclamation work. The primary objective of this regulation is disposal. The implementation of these duties is regulated in the Act related to the Protection of Agriculture and Forest Land of 1995. The provisions of the act regulate the principle of reclamation work, establish the supervising mechanism for their implementation, and determine sanctions for non-fulfillment of the obligations. The polluter pays principle is included in the regulation because the owner of waste must pay fees for its legal deposit or fines when illegally depositing wastes. There is no other regulation on this front.

It seems the basis of future waste regulation may only involve the disposal of waste in landfills.

Water

The Water Act of 1974 is the basic act on water protection and water management. Although the legislation is old even as is, its predecessors were approved in 1961 and 1922. Now pending in parliament is a draft of a new water act. There are many common features between Polish law and the Directives of the EU, but there are also sharp differences resulting from complicated problems rooted in the water resources economy. It will take many attempts to fully harmonize this body of law.

Council Directive 75/440/EEC - Surface water for drinking

The law establishes three classes of water. Water of the first class of purity should be of drinking water quality and is to be used for the water supply of the population and for the water supply of industrial enterprises (installations) which need water of potable quality. Water of this class also ought to be suitable for salmon. The second class of water is to be used for stock-breeding, for public baths, and fit for fish other than salmons. Water belonging to the third class of purity must be fit for industrial needs and for the irrigation of agricultural land ( 1 of the Executive Order). The Executive Order regulated also the quality standards for each class of water. There are 57 standards (Appendix I of the executive order). These standards are identical or very similar to those comprised in directive 75/440. This legislation ought to create the starting point for the regulation of water use, especially for sewage disposal. Water use ought to be so arranged that the quality of water will be not changed. But this was only an idea. In practice, there was a significant deterioration of a quality of water. So not only the first class of water, but also the second is used to produce water for public consumption. Notwithstanding, water for public consumption must fulfill the legal requirements put down in Executive Order of Minister for Health and Social Services of 31.05.1977 (Dz.U. no. 18 position 72; amended 1990 - Dz.U. No. 35 position. 205). As of now, there is no program concerning water improvement.

Council Directive 76/160/EEC - Quality of bathing water

There is no legal regulation on the quality of bathing water. In the draft water act now pending in Parliament there is a provision which allows the MEP to introduce the protection of bathing water in the form of an executive order.

Council Directive 76/464/EEC - Dangerous substance discharges

Discharges of dangerous substances are regulated in the Executive Order of MEN of 5.11.1991 (Dz.U. no. 116 position 503), which regulates in detail the condition of sewage introduced to surface inland waters and sea water, and includes a general prohibition. The whole concept is based on a set of physical, chemical and biological parameters (effluent standards). There are 47 such parameters divided into five groups (basic, eutrophic, inorganic, dangerous inorganic, and dangerous organic). The parameters are the same or nearly the same as those comprised in Council Directive 76/464. Sewage may be discharged into water, provided it does not exceed the effluent standards included in appendix 2 of the Executive Order. The Executive Order prohibits the introduction of any sewage into:

The regional governor can set up limits higher than in the Executive Order for parameters not belonging to the groups termed dangerous organic and dangerous inorganic. He or she may do so if an operator of the plant in question can not reduce the sewage to the level demanded by the Executive Order even given the use of BATNEEC.

Authorization must be acquired for discharges into water of all substances whose parameters have been set up in the Executive Order.

Council Directive 80/68/EEC - Protection of groundwater against pollution

There is no comprehensive legislation concerning the protection of groundwater. But there are some regulations of this problem. There is a prohibition against the introduction of sewage directly to groundwater (Article 53 point 2, Article 55 point 2 of the Water Act and 2 point 1 of the Executive Order). So, it may be stated that the direct discharge of any substance is forbidden. The problem of indirect discharges is not at all regulated. Indirect discharges are treated as discharges into surface water and are limited in the same way.

Proposal for a Council Directive 94/C 222/06 - Ecological quality of water

There is no framework legislation intended to establish the ecological quality of all surface waters.

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