Poland

III. Conclusions

At first, it must be must acknowledged that two pieces of framework legislation which are bound to have the deepest influence on the whole body of environmental law have not yet been enacted. These are the Water Act and Environmental Protection Act. The draft of the first act (Water Act) is now in parliament after five years of preparatory work and the second is only in the (unofficial) preparation stage. The draft of act on waste is now in the last stage of legislative proceedings in the government, not yet submitted to parliament. The changes of environmental law which occurred in Poland in the last five years were connected primarily with the new Nature Conservation Act. Also amended were some of the laws regulating nature management (Geological and Mining Act of 1994, the Forestry Act of 1991, the Act related to Protection the Agriculture and Forest Lands of 1995). The last such change will be to the Hunting Act. There were also changes to those acts which regulated procedural and organizational matters. There are four such acts: the Building Act of 1994, the Physical Management Act of 1994, the Standardization Act of 1993, and the Certification Act of 1993. The importance of the State Inspectorate of Environmental Protection of 1991 must also be stressed here. The last change is to the Act related to the Plant Protection Agents of 1995.

It may be said that only one act was tailored specifically to environmental protection the Nature Conservation Act. The remaining acts, though important for environment protection, have rather peripheral meaning for the whole body of law and have not determined the evolution of environmental law. So Polish environmental law was created at a time when approximation with the environmental law of the European Union was not a priority task.

Although Polish environmental law is in the beginning of the process of approximation with that of the European Union, it may be said that there are some positive signs. First of all, these lay in the fact that the overall structure of the general legal concept of Polish law are the same or similar to that of most countries belonging to the European Union. I would like to stress in this context the concept of acts approved by parliament, the concept of delegated legislation, the concept of the role of courts, and the concept of administrative decision. These concepts are of fundamental meaning and the similarity between the European Union legal system and that of Poland in these fundamental respects seems to be a good basis for the process of continued approximation.

The serious obstacles on the route of approximation must also be noted. One of these is the rate and scope of the task. We must harmonize a body of law which is already quite bulky and is still growing in size. It would be much easier for the process of approximation if the development of environmental law were not so practically important as it is. In the present situation, the process of approximation must be twofold. Not only must piecemeal approximation be undertaken to develop a legal system capable of coping with the problems of everyday life, but those making the laws must determine just what approximation entails what must be done first and what next, not to mention that the representatives of CEE countries ought to have better insight into the legislative work of European bodies. The development of EU law should depend also on the efforts of the representatives of CEE countries.

Approximation of Polish environmental law with EU law denotes two different things. Poland has an opportunity to adapt its law to more progressive patterns. But it must simultaneously abandon solutions that are not false per se, but because the majority has chosen other solutions. This is the price of approximation.

Taking into account the situation in Polish law, it seems that the greatest difficulties will involve emission law. At first, it is necessary to change the basic philosophy of legal regulation. This means two things. We must reduce the number of limit values (at present 45 substances for air) and second, introduce the BATNEC concept. There must be made a deep-seeded reform of regulations on waste management and some changes to the Water Act.

The crucial point in this process is the overall reorientation of the country's legal system. This entails not only recognizing the necessity of continuation of some experience and legal construction but also change. The problem is even more complicated because of new elements appearing in the EU, such as the IPPC concept. These make the process of approximation more painful because they demand that old habits be discarded. This is not only a problem for newcomers. At the same time, some new ideas are appearing in the EU. But these may seem to many as returning the EU to the path we are now following. There are the ideas inherited in the Proposal for Council Directive 94/c 216/04 on ambient air quality assessment and management.

The weakest aspect of Polish environmental law is surely waste management. A comprehensive body of new regulation must be created in this area. The European Union provides a good example.

A great deal of courage and patience is necessary to fulfill the requirements of water law approximation. Some elements in Polish legislation seem to make this process relatively simple but there are many regulations for which the process of approximation is much more difficult. It seems that incorporating the directives on groundwater, on the discharge of dangerous substances, and on the ecological quality of water, will be especially difficult.

Environmental Regulation of Constitutional Character in Poland

criteria	assessment
1. Has the Constitution any direct reference to environmental protection
as a priority state objective?	no
a human right?	yes
2. Environmental regulation is based upon a framework environmental act?	in principle
3. Environmental regulation is based upon
a general environmental policy adopted by the parliament or government?	yes
a relatively detailed environmental program adopted by the parliament or government?	no
a general environmental concept that has not really been adopted by a regulatory body?	no
4. Are there any specific provisions in the association agreement concerning the environment?	yes
5. Is there a central government organ specializing in environmental protection
a ministry?	yes
a central authority (inspectorate)?	yes
6. Is there a specific administrative authority system for environmental protection in the country?	yes
7. Is there an advisory body to the government on environmental matters?	yes
8. Are there any specific provisions concerning environmental liability
in the Civil Code?	no
in the Criminal Code?	no
in the general administrative law?	yes
in privatization laws?	no direct information

Assessment of the Compliance Level of EU Environmental Legislation in Poland

GENERAL POLICY
criteria	score	weight	level of compliance
1. Do the following principle appear in environmental legislation? prevention/precaution rectifying the pollution at source polluter pays Integrating environmental policy into other policies the high level of protection	0.67	0.15	0.1000
2. Is the polluter pays principle embodied or reflected in the framework environmental act? other basic law on the environment? in civil law? in other laws?	1.00	0.05	0.0500
3. Does the polluter pays principle cover the damages? a specific environment damage? the costs of reinstatement? the costs of prevention? the costs of monitoring and control?	0.67	0.10	0.0667
4. Is there an EIA regulation existing in the country in a draft format? in a detailed regulation? in general?	1.00	0.15	0.1500
5. Does the EIA provisions contain the list of activities subject to mandatory EIA? a direct link to permitting? the details of the procedure? public participation?	0.67	0.15	0.1000
6. The free access to information provided for in a legal regulation? covers most of the environmental information in general? provides for an obligation of the public authorities? provides for some obligation of the polluters? is protected by a judicial review process?	0.33	0.15	0.0500
7. Is there an eco-label award scheme embodied in law reflecting the eco-label regulations?	0.00	0.05	0.0000
8. Are there any provisions concerning the development of environmental management schemes? EMAS (voluntary) environmental auditing reflected in law provisions connected with permitting	0.00	0.05	0.0000
9. Is there an environmental fund existing as a separate state fund? as part of other funds?	1.00	0.10	0.1000
10. Is the concept of IPPC reflected in environmental policy/legislation?	0.33	0.05	0.0167
Total			0.63

AIR

criteria score weight level of compliance

1. Are there any plans for improvement of air quality? 0.00 0.20 0.0000

2. Are there specific regulations for point sources? 0.67 0.10 0.0667

3. Are there specific regulations for mobile sources? 1.00 0.10 0.1000

4. Does the BATNEC as a general requirement appear in air pollution regulation? 0.00 0.10 0.0000

5. Concerning BATNEC, are there any special policy or strategy implemented for industrial plants? 0.33 0.10 0.0333

6. Are there any specific regulations for greenhouse gas emissions? 0.33 0.10 0.0333

7. Are there any specific regulations for waste incineration plants? 0.33 0.10 0.0333

8. Is there any administrative authorization procedure for industrial plant operations regarding air pollution? 1.00 0.20 0.2000

Total 0.47

CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY

criteria score weight level of compliance

1. Do the dangerous substances (chemicals) require a specific permit and record-keeping? 0.33 0.15 0.0513

2. Do the dangerous substances (chemicals) require special classification, packaging and labeling? 1.00 0.15 0.1500

3. Are the dangerous industrial activities reported and controlled? 0.33 0.15 0.0513

4. Are internal/external plans for emergency responses for dangerous industrial activities required? 0.33 0.15 0.0513

5. Is the public informed on dangerous activities and emergency response plans? 0.00 0.12 0.0000

6. Are there some similar regulations like Good Laboratory Practice or other qualifications? 0.00 0.12 0.0000

7. Are there any regulations like those in connection with GMOs or GMMOs? 0.00 0.08 0.0000

8. Does the risk assessment appear
in case of chemical substances?
in case of dangerous activities? 0.33 0.08 0.0256

Total 0.33

NATURE CONSERVATION

criteria score weight level of compliance

1. Is nature conservation based mostly upon the regulation of protected species and protected areas? 1.00 0.50 0.5000

2. Do the new elements of nature conservation such as natural habitats appear in law? 1.00 0.50 0.5000

Total 1.00

NOISE

criteria score weight level of compliance

1. Are there any specific noise pollution regulations in terms of motor vehicles? 1.00 0.50 0.5000

2. Are there any specific product standards for noise emission of household appliances? 0.00 0.50 0.0000

Total 0.50

WASTE

criteria score weight level of compliance

1. Is waste management regulated by law? 0.33 0.15 0.0513

2. Do waste management regulations cover waste management plans? 0.00 0.15 0.0000

3. Are waste management regulations developed for
hazardous wastes?
other wastes? 0.33 0.15 0.0513

4. Do waste management activities require a specific permit? 0.33 0.15 0.0513

5. Do hazardous waste incineration plants have specific regulation? 0.00 0.12 0.0000

6. Are there specific requirements for the landfill of wastes? 0.67 0.12 0.0769

7. Does BANTEC form a part of the general waste management regulations? 0.33 0.08 0.0256

8. Are there any special regulations relating waste originated from packaging materials, such as beverage containers? 0.00 0.08 0.0000

Total 0.26

WATER

criteria score weight level of compliance

1. Does water protection cover the water discharges? 1.00 0.17 0.1667

2. Are there specific water quality requirements for different water uses, like drinking or bathing water? 0.67 0.17 0.1111

3. Are there regulations for protection of groundwater against pollution? 0.67 0.17 0.1111

4. Are water quality requirements for the general ecological quality of water reflected in national legislation? 0.33 0.17 0.0556

5. Are water quality standards laid down? 1.00 0.17 0.1667

6. Is a monitoring system set up for water quality control? 1.00 0.17 0.1667

Total 0.78

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COUNTRY REPORTS * POLAND