Newsletter | Environmental performance and industrial emissions under the new rules

The proposed measures may affect not only industrial emission limits, but also investments, technologies and management systems. Although UC 99 is at an early stage of the legislative process, the scale of the changes justifies starting preparations now.

What is the purpose of the proposed legislation?

Draft bill UC 99 aims to implement Directive (EU) 2024/1785 of the European Parliament and of the Council (the so-called IED 2.0), which amends the EU rules on industrial emissions and landfills. 

The Directive entered into force on 4 August 2024. Poland was required to transpose it by 1 July 2026, but has not done so.

What changes does draft bill UC 99 provide for?

The draft provides for significant amendments primarily to the Environmental Protection Law, the Environmental Impact Assessment Act, the Waste Act and the Water Law, and also creates a basis for issuing 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, where production capacity is at least 15,000 tonnes of battery cells per year. Such plants may be required to obtain an integrated permit, which will require verification not only of the main process, but also of auxiliary installations and planned production capacities
• the metallurgical sector associated with the extraction and processing of metal ores on an industrial scale
• the textile and livestock farming sectors

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

Binding environmental performance levels (BAT-AEPLs) 

• The new, binding BAT-AEPLs are to apply to environmental performance, particularly the consumption of water, energy and raw materials, and waste generation. These requirements may affect operating parameters, investment decisions and the assessment of whether an installation uses resources in accordance with the best available techniques.
• The proposed obligations will also include defining, measuring and documenting performance indicators and periodically assessing them.

Mandatory environmental management system (EMS) 

• An EMS is to become a condition of an integrated permit. For existing installations, the implementation deadline is set at 1 July 2027. The system should cover not only procedures, but also management responsibility, objectives, indicators, training, audits and documentation of corrective actions.
• An inventory of hazardous substances will be required, covering their use, quantity, locations and environmental risks, together with an assessment of the possibility of substituting them. The results should be linked to procurement, operational, emergency and investment procedures.
• The draft requires a 2030–2050 transformation plan to be drawn up by 30 June 2030, so as to contribute by 2050 to the creation of a sustainable, clean, resource-efficient, climate-neutral circular economy. The plan should be consistent with decarbonisation, technological modernisation and regulatory risk management strategies.
• The EMS is to be subject to periodic verification, including by accredited bodies. Businesses should therefore be prepared to provide evidence of achieving objectives, updating procedures and demonstrating continuous improvement.

Other significant changes 

The proposed regulations clarify the definition of pollution by referring to odours, which may increase the importance of monitoring odour nuisance, documenting emission sources and responding to complaints. In practice, this will be particularly relevant to waste management facilities, treatment plants, the food and chemical industries, livestock farms and other sectors in which odour is a key element of the impact on the surrounding area. 
The process is also to be digitalised through an electronic integrated permitting system, with e-permits ultimately to be introduced by 31 December 2035 and the development of IEP/E-PRTR from 2028, provided these solutions are retained in the final model. This will, however, require consistent registers and organisational readiness to handle digital reporting and permitting processes.

Stricter penalties

The proposed assumptions of the IED 2.0 provide for more detailed penalties and a proportionality requirement for sanctions. The solutions under consideration include turnover-based fines, including a minimum of 3% of annual turnover. 

However, the final scope and application of sanctions will depend on the final wording of the Act and implementing regulations. 

What should businesses do now? 

Although draft bill UC 99 is at an early stage of the legislative process, its scale and level of detail already justify starting an analysis of risks that may emerge at a later stage. In particular, businesses should plan the necessary reviews, conduct audits, prepare the relevant documentation, classify installations, review contracts and plan budgets, while monitoring the legislative process. 

Contact 

If you are interested in our support with implementing the new regulations, please feel free to contact us.