Newsletter | Environmental performance and industrial emissions under the new rules

What is the purpose of the proposed legislation?

Draft bill UC 99 is intended to implement the key elements of IED 2.0 (the Industrial Emissions Directive) in the Polish legal framework. It would expand the catalogue of installations subject to integrated permits, introduce binding environmental performance levels, strengthen environmental management obligations and increase the digitalisation of proceedings.

The proposed measures may affect industrial emission limits, investments, technologies and management systems. UC 99 is still at an early stage of the legislative process, but the scale of the changes makes it prudent to begin preparing now.

What changes does draft bill UC 99 provide for?

The draft would significantly amend the Environmental Protection Law, the Environmental Impact Assessment Act, the Waste Act and the Water Law. It would also provide a basis for new implementing regulations. The main areas are as follows:

Expansion of the catalogue of entities covered by the new regulations to include sectors such as:

• battery production, with an annual production capacity of at least 15,000 tonnes of battery cells. Such plants may be required to obtain an integrated permit. Obtaining the permit would require verification of the main process, auxiliary installations and planned production capacity
• the metallurgical sector involving industrial-scale extraction and processing of metal ores
• the textile and livestock farming sectors

Tightening the rules for setting industrial emission limits (BAT-AELs)

• An EMS is to become a condition of an integrated permit. For existing installations, the implementation deadline is 1 July 2027. The system should cover relevant procedures and management responsibility. It should also address objectives, indicators, training, audits and documentation of corrective actions.
• An inventory of hazardous substances will be required. It must cover their use, quantities, locations and environmental risks, together with an assessment of whether they can be substituted. The results should inform procurement, operational, emergency and investment procedures.
• The draft requires a 2030–2050 transformation plan to be drawn up by 30 June 2030. The plan should help create a sustainable, clean, resource-efficient and climate-neutral circular economy by 2050. It should also be consistent with decarbonisation, technological modernisation and regulatory risk management strategies.
• The EMS is to undergo periodic verification, including accredited bodies. Businesses should therefore be ready to provide evidence that they are achieving their objectives, updating procedures and demonstrating continuous improvement.
  
  

Other significant changes 

Stricter penalties 

What should businesses do now? 

Although draft bill UC 99 is at an early stage of the legislative process, its scale and detail justify assessing potential risks now. Businesses should begin planning reviews and audits, preparing relevant documentation, classifying installations, reviewing contracts and budgeting for implementation. They should also monitor the legislative process.