Commission Report (2002): Poland

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 22: Environment

Progress since the last Regular Report

Since the last Regular Report, Poland has made legislative progress through the adoption of several executive regulations and has continued its efforts to strengthen its administrative capacity to implement and enforce the environmental acquis. However, transposition still needs to be completed through a wide range of ministerial regulations and the environmental administration, particularly at regional and local level, needs to be further strengthened.

With regard to the integration of the environment into other policies and the promotion of sustainable development, the government has prepared an executive programme specifying the investment and non-investment tasks under the second National Environmental Policy of 2001. This programme facilitates the integration of environmental concerns into sectoral policies at national, regional and local level and provides a clear strategy on how the objectives of the second National Environmental Policy are to be met.

In the field of horizontal legislation, an environmental information centre has been established in the Ministry of Environment. Regulations regarding environmental impact assessment and access to information have been adopted without completing transposition. A forecast for greenhouse gas emissions has been developed. This forecast will be taken into account in the strategy on climate change, which still needs to be drawn up. Poland completed the ratification process of the United Nations Framework convention on Climate Change (Kyoto Convention) in August 2002.

As regards air quality, no progress can be noted other than that zones for air protection have been classified on a preliminary basis.

In the area of waste management, several regulations aimed at completing transposition of the waste Framework Directives and the waste oil Directive have been issued.

In the field of water quality, no further progress can be noted.

In the field of nature protection, 3 regulations have been issued aimed at completing transposition of the birds and the habitats Directives. Poland has made some progress in establishing the list of NATURA 2000 sites -- this list has to be finalised in the timeframe set out by Poland.

As regards industrial pollution control and risk management, a Centre for ``Best Available Techniques'' has been established to facilitate implementation of the Directive on integrated pollution prevention and control. A pilot programme for integrated permits has been carried out in three regions. As regards the ``Seveso II'' Directive, a regulation aimed at completing transposition has been issued.

In the field of genetically modified organisms and chemicals, a Commission on genetically modified organisms has been established as well as the Office of the Inspector for Chemical Substances and Preparations. However, the latter Office is not yet operational as it is not fully staffed. Three regulations concerning ozone-depleting substances have been adopted.

With regard to noise, a regulation aimed at completing transposition of the Directive on noise emissions by equipment used outdoors has been issued.

As regards nuclear safety and radiation protection (see also Chapter 14 -- Energy), no further developments can be reported.

Poland has continued to carry out some actions to develop its administrative capacity in the field of the environment. The staff at the Ministry of Environment and at the regional and local level has been further strengthened (in total, 123 new posts were provided for during 2001). Training has been provided in particular as regards the acquis on environmental impact assessment, water quality, Natura 2000, genetically modified organisms and noise. As regards the issuing of permits, Poland's system is still media-based; integrated permits have only been tested on the basis of pilot projects. As regards planning and programming, Poland's programmes for air quality as well as a national waste management plan are still under preparation. It is of particular importance to ensure that these air quality programmes are available at accession. Half of the regions and about a fifth of districts have prepared waste management plans. As regards monitoring, Poland has continued to make investments. Inspections continue to be carried out regularly. As regards enforcement, non-compliance with environmental standards continues to be subject to fees and fines; these are waived in most cases provided a compliance programme is put in place.

Overall assessment

While Poland has achieved considerable alignment with the EC environmental acquis, it still needs to adopt a large number of ministerial regulations in order to complete transposition in practically all areas. This is notably the case as regards air quality directives, water-related directives, chemicals, Integrated Pollution Prevention and Control, nature protection and some waste directives (packaging waste, landfills). Many drafts have been prepared, but completion of transposition by end of 2002 is crucial in order to give sufficient lead-time for putting these new regulations into practice. Close attention should also be paid to the implementation of the acquis with regard to waste management (drafting of management plans, upgrading of landfills, strengthening of administrative capacity), water quality (designation of vulnerable zones under the nitrate acquis, review of permits for discharges of dangerous substances), industrial pollution control (issuing of integrated permits), nature protection (need to accelerate the identification of sites and species) and chemicals (strengthening of administrative capacity).

The principle of integration requires continuous attention both at national and at Community level. Poland needs to continue integrating environmental protection requirements into the definition and implementation of all other sectoral policies so as to promote sustainable development.

Poland's administrative capacity to implement the EC environmental acquis requires close attention. Additional staff resources have been allocated, but, due to budgetary constraints, these are substantially less than originally envisaged. Implementation of environmental laws has largely been decentralised to the regions and districts which were newly established following the 1999 state system reform. This allows environmental problems to be dealt with at the level at which they occur. However, the environmental departments in voivodships and counties still need to become fully operational and the national and 16 regional Environmental Impact Assessment Commissions which were planned have not yet been established. Poland will most likely also need to further increase environmental staff in regional and district authorities and ensure that the available staff resources are allocated in a way that reflects the new and wider tasks arising from EC environment acquis, notably the integrated pollution prevention and control (IPPC) Directive. Further training of staff at regional and local level is also necessary. Poland needs to address these issues if it is to be ready to implement EU environmental directives at accession.

As regards the issuing of permits, delays have occurred in introducing integrated permits which should now be launched by the end of 2002. This will constitute a significant challenge for the regional and local authorities. Some 70% of the installations covered by the Directive on IPPC will have to be dealt with at district level. Therefore, Poland needs urgently to train staff at regional and district level in issuing integrated permits, notably as regards process-issues and technology. In some cases, staff increases are also likely to be necessary. Moreover, clear guidelines from the central authorities on how to implement the new laws are necessary to ensure a coherent approach in all regions. The newly established Centre for ``Best Available Techniques'' will play a key role but, at present, the Centre is in need of more staff. Far-reaching co-operation between regional and local authorities will also be necessary to maintain the appropriate expertise.

Poland still has limited environmental planning and programming. Most measures are carried out on a case-by-case basis. However, the situation is improving, and deadlines have been set to establish plans and programmes required under the acquis. Poland has recently launched the preparation of programmes for air quality, the national waste management plan is also in preparation, although the regional and district plans still need to be improved to meet EU requirements. Poland needs to reinforce its monitoring capacity further. In the field of air, the monitoring capacity needs to be strengthened, in particular as regards particulates (PM10). As regards water, monitoring at the tap of drinking water needs to be extended and it needs to be ensured that all laboratories are able to measure the full set of parameters covered by the drinking water directive. At present, this is not the case. Modern laboratory equipment continues to be lacking. In this context, a more efficient pooling of laboratory facilities in regional centres is necessary to meet the requirements of EU directives at lower costs.

Poland's environmental inspectorates are well established and well staffed. However, a transfer of staff from laboratories to monitoring and inspection is necessary to meet the requirements of EU directives. In some cases, the frequency of inspections also needs to be improved, in particular for small and medium-sized installations. Nonetheless, large installations are sufficiently inspected and voivodship inspectorates have a good basis for planning and carrying out inspections and for ensuring follow-up to non-compliance.

As regards enforcement, fines are an effective source of revenue and provide an incentive for operators to agree on improvement programmes with the environmental authorities. Poland continues to make significant investments in the field of the environment. However, it needs to step up its efforts to establish comprehensive investment strategies which would improve investment efficiency by focusing the available resources on implementing the requirements of the EC acquis. Poland needs a more strategic approach to environmental investments with clear investment planning and listing of priorities. Considerable investments need to be secured, also in the medium-term, to ensure the implementation of the environment acquis.

Conclusion

In its 1997 Opinion, the Commission concluded that full transposition of the environmental acquis in Poland could be expected in the medium term. It added that effective compliance with a number of pieces of legislation requiring a high level of sustained investment and considerable administrative effort could be achieved only in the long term, and would necessitate increased levels of public and private investment.

Since the Opinion, Poland has achieved considerable progress in aligning with the EC environmental acquis, in particular over the past two years, and, more recently, has progressed in developing the necessary administrative capacity to implement the acquis in this area. Poland has also maintained a significant investment level.

Negotiations on this chapter have been provisionally closed. Poland has been granted transitional arrangements with regard to the sulphur content of liquid fuels (until 31st December 2006), volatile organic compound emissions from storage and distribution of petrol (until 31st December 2005), aspects of waste management relating to packaging (until 31st December 2007), non-hazardous waste in landfills and shipments of certain wastes (until 31st December 2012), urban waste water treatment (until 31st December 2015) and the discharge of certain dangerous substances (until 31st December 2007), existing Integrated Pollution Prevention and Control installations (until 31st December 2010) and ionising radiation from medical equipment (until 31st December 2006). Poland is meeting the majority of the commitments it has made in the context of the accession negotiations. It had originally planned that most of the acquis would be transposed by the end of 2000, but then postponed this deadline to the end of 2001. This revised schedule has been respected to a very large extent as regards Acts of Parliament, and this represents an important achievement. However, delays have occurred in the adoption of implementing legislation, notably in the areas of water quality, industrial pollution control and risk management, and chemicals. Furthermore Poland still needs to provide some information requested during the accession negotiations. This includes an implementation programme for the drinking water directive, a final list of IPPC installations, an investment plan for the landfill Directive. These issues must be urgently addressed.

In order to be ready for membership, Poland should focus further efforts on finalising transposition through implementing legislation, and strengthening administrative capacity in general and for integrated permitting in particular. There is a substantial pipeline of draft legislation across the chapter, including in the areas of water, waste, air quality, GMOs and as concerns NATURA. The adoption of this pipeline legislation would see significant advances in the level of alignment. Within the Action Plan measures are envisaged in every area. Their implementation will strengthen administrative capacity at the national level and give necessary guidance to regional authorities.

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