Polish Report

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ANALYSIS OF THE LEGAL FRAMEWORK IN THE SUSTAINABILITY AREA ACROSS V4 COUNTRIES

Polish report

Małgorzata Koszewska Lodz, Lodz University of Technology, Faculty of Material Technologies and Textile Design, Department of Materials, Commodity Sciences and Textile Metrology, Team of Market Analyses of Product Innovations, Lodz, Poland https://www.researchgate.net/profile/Malgorzata_Koszewska/?ev=hdr_xprf [email protected]

project fanpage project website : www.k48.p.lodz.pl/ecomarket

The report was prepared in the framework of the project “Prospects of the Visegrad cooperation in promoting a sustainable consumption and production model“ The project is supported by the International Visegrad Fund http://visegradfund.org/

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The Approach and Objectives

The objective of this project is to support and strengthen the cohesion of the V4 countries in their efforts to achieve a more sustainable consumption culture and thus more sustainable production models in the selected consumer goods’ markets. In the project this is done within the analysis of intermediate connections and influences of:

§ Demand side of the market – consumers § Values, attitudes and cultural impact

§ Supply side of the market – produces § Legal framework

Legal Framework differences & similarities in V4

SUSTAINABLE Demand Supply PRODUCTS differences & differences & MARKET similarities in V4 similarities in V4

Values, Attitudes, Cultural impacts differences & similarities in V4

Guidelines for the joint V4 strategy for solving ecological and social problems of V4 countries

This report will concentrate on analysis of the legal framework in the sustainability area across v4 countries.

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Policies in the area of sustainable development in Poland

According to OECD 2015 report, supported by large inflows of EU funds, Poland has made good progress in strengthening its environmental policies and institutions. However, the authors of the report stress that Poland should clarify its long-term objectives and strengthen measures to promote transition to a resource-efficient, low-emission economy [1]. Generally, Poland has made impressive efforts to transpose EU environmental legislation. However, now it faces new implementation challenges, arising from the European Commission’s ambitious Circular Economy Package, which includes revised legislative proposals on waste. The adoption of the package aims to stimulate Europe's transition towards a circular economy and, as a consequence, to boost global competitiveness, foster sustainable economic growth and generate new jobs [2]. Key elements of the EU revised waste proposal include [2]: § A common EU target for recycling 65% of municipal waste by 2030; § A common EU target for recycling 75% of packaging waste by 2030; § A binding landfill target to reduce landfill to maximum of 10% of municipal waste by 2030; § A ban on landfilling of separately collected waste; § Promotion of economic instruments to discourage landfilling; § Simplified and improved definitions and harmonised calculation methods for recycling rates throughout the EU; § Concrete measures to promote re-use and stimulate industrial symbiosis – turning one industry's by-product into another industry's raw material; § Economic incentives for producers to put greener products on the market and support recovery and recycling schemes (e.g., for packaging, batteries, electric and electronic equipment, vehicles). It is worth to mention that the waste reduction targets in the new proposal are accompanied by concrete measures to address obstacles on the ground and the different situations across EU Member States. General reflections on the sustainable/green economy in Poland are included, inter alia, in the following documents [3]:

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1. National Development Strategy 2020 (Strategia rozwoju kraju 2020) based on a sustainable development scenario, especially in the Strategic Area II. Competitive economy Objective II.6. Energy security and environment [4]. 2. Energy security and the environment strategy – 2020 perspective (Bezpieczeństwo energetyczne i środowisko – perspektywa do roku 2020) - interlinks quality of life and state of environment with the sustainable development of the energy sector, the energy security of Poland as well as the effectiveness and competitiveness of the Polish economy [5].

Figure 1. Synergy areas in Polish energy security and the environment strategy

limiting the impact of energy on the environment, ENERGETICS support and promotion of new technologies, ENVIRONMENT better use of domestic energy development in suburban energy resources, areas and rural areas, better use of improving energy the growing importance of domestic preserve efficiency, renewable energy sources and the richness of security of supply of nuclear energy, biodiversity, imported raw materials multifunctional forest creating conditions energy, management, for the creation of development of a rational water management, green jobs, competitive energy waste management and mineral providing access to market, resources, clean water and modernization of electrical improving air quality, promoting clean air power sector ecological behavior, arrangement of space management

Source: [5]

The strategy was adopted in 2014 and provides an improved opportunity to integrate environment into development policy, as long as appropriate mechanisms to monitor environmental policies are put in place. 1. National Programme for the Development of Low-Emission Economy (Narodowy program rozwoju gospodarki niskoemisyjnej) - aims to support improvement of energy- and resource-efficiency, waste prevention and better waste management, and promotion of new consumption patterns. The project of the programme was competed in 2015. It is still in the process of consultation [6].

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There are also many others polices that focus on specific areas and they will be discussed below.

Materials and resource efficiency The demands for improving the energy and resource efficiency of economy can be found in the above-mentioned Poland’s National Development Strategy to 2020. The Strategy lays out nine strategies on specific issues, among which the most important one for the materials and resource efficiency is the Strategy for Innovative and Efficient Economy, published at the beginning of 2013. The aim of the strategy is to strengthen innovation, improve knowledge and human resources for economic growth, increase the international dimension of the economy and finally improve sustainability of resource use. One of its four objectives is „increased resource and raw materials efficiency”.

Waste Management Poland waste policy has been largely driven by EU legislation. The 2012 Waste Act transposed the EU Waste Framework Directive (2008/98/EC) and incorporated previously transposed EU legislation, in particular the Landfill Directive (199/31/EC). The National Waste Management Plans have included provisions for monitoring results, allowing regular review of progress. Important changes in the legal framework were made in 2013, which made municipalities the owners of the municipal solid waste generated in their jurisdiction and made them responsible for the waste collection and treatment. Previously, each household or building contracted waste collection separately. This reform helped to achieve the main objectives of the waste management policy objectives [1]. The National Waste Manage Plan 2014 sets out key principles highlighted in the EU waste policy, it calls for waste prevention and eco-innovation, nevertheless it lacks concrete actions and initiatives in these areas [1]. Waste management plans are also elaborated for 16 voivodeships (regions). The national waste prevention programme was adopted in 2014.

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Figure 2. Key targets from Polish National Waste Management Plan 2014

Source: Ministry of Environment (2010), National Waste Management Plan 2014 [7]

Extended Producer Responsibility According to the OECD definition, Extended Producer Responsibility is “an environmental policy approach in with a producers’ responsibility for a product is extended to the post- consumer stage of a product’s life cycle” [8]. A number of EU and Polish acts of legislation set out Extended Producer Responsibility requirements. Poland has Extended Producer Responsibility systems for six waste streams: packaging waste, batteries, waste oil, electrical and electronic equipment, end-of-life vehicles and tyres (see. Fig 3) [7].

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Those systems have played an important role in establishing infrastructure and increasing separate collection, recovery and recycling for the waste streams.

Figure 3. Targets for Extended Producer Responsibility programmes in Poland

Source: [7]

Environmentally related taxes According to OECD report, Poland’s revenue from environmentally related taxes has increased since 2000. It was mostly due to higher taxes on transport fuels, a broader energy tax base and rising energy consumption. The authors of the report suggest that despite this positive trend the environmental taxes policy could provide even better incentives to reduce environmental pressures. Looking at revenue from environmentally related taxes, we can see that Poland is above the OECD average but still behind Hungary and Czechia Therefore Poland should regularly review environmentally related taxes and charges to ensure that externalities are appropriately priced, provide targeted support for vulnerable households and, when appropriate, reform tax expenditure as well as direct and indirect subsidies, based on their economic, environmental and social impact.

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Figure 4. Environmentally related tax revenue in 2012

As can be seen from figure 5, an increase in the landfill charge for municipal waste in Poland was accompanied by a small decrease in the share of landfilling.

Figure 5. Municipal waste treatment and landfill tax in Poland 2000-2012

Source: [7] The report was prepared in the framework of the project “Prospects of the Visegrad cooperation in promoting a sustainable consumption and production model“ The project is supported by the International Visegrad Fund http://visegradfund.org/

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Eco-innovation policy Although eco-innovation is mentioned in several major national and regional strategy documents, there is no explicit eco-innovation policy or a dedicated strategy in Poland. Some reflections and references to eco-innovations are included, inter alia, in the following documents [3,9]: 1. The Polish National Development Strategy 2030 - mentions eco-innovation as a possible area of emerging specialisation of the country, placing it in the context of energy efficiency and renewable and clean energy generation. 2. The Strategy for Innovative and Efficient Economy “Dynamic Poland’ - includes eco- innovation in a couple of its objectives, including increasing resource efficiency in production and services, as well as adjusting the regulatory and financial environment to the needs of innovative and efficient economy. 3. Programmes implemented by the National Fund for Environmental Protection and Water Management: § Efficient use of energy - co-financing energy audits in companies, investments in energy savings in companies; subsidised loans for energy-efficient houses and public buildings; § ‘Green Investment Scheme GIS’ - energy management in public and government buildings. 4. The GEKON programme (the Generator of Ecological Concepts) - aiming at supporting innovative projects implemented by companies and consortia grouping science and industry. It is to support environmentally friendly unconventional gas extraction, energy efficiency and energy storage systems, water protection and water management, renewable energy, as well as innovative methods of obtaining fuel and energy from waste and recycling (you can find more information at: http://program-gekon.pl/ and http://ncbir.gov.pl/programy-krajowe/gekon/). 5. The GreenEvo programme (the Green Technology Accelerator) - implemented by the Ministry of Environment supports internationalisation of the Polish companies that have successfully developed and implemented economically sound green technologies. It operates in six fields: renewable energy sources, air protection, energy efficiency (incl. passive housing), waste management, biodiversity protection, water and wastewater management. Environmentally sound technologies are selected with a view to foreign export. Participation in the project offers companies training and consulting services as well as support to meet the expectations of foreign contractors (you can find more information at http://greenevo.gov.pl/).

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6. EU established Environmental Technology Verification (ETV) pilot programme - a new tool to help innovative environmental technologies reach their target markets. It’s objective is to promote environmental technologies by providing technology developers, manufacturers and investors access to third-party validation of the performance of innovative environmental technologies. Verification is carried out by the verification bodies accredited to carry out the procedure covering the selected technology areas of the pilot program.

Sustainable water management The sustainable water management is supported by various documents including, inter alia [3]: 1. 10 Water management plans (Plany gospodarowania wodami w dorzeczach) managed by National Water Management Authority. 2. Water and Environment Programme (Program wodno-środowiskowy kraju) managed by National Water Management Authority. 3. The National Programme for Municipal Waste Water Treatment (Krajowy program oczyszczania ścieków komunalnych), managed by National Water Management Authority 4. Rural development programmes aimed to limit the impact on water resources from agriculture and reduce nutrient loads in freshwater bodies and the sustainable use of fertilizers. Managed by Ministry of Agriculture and Rural Development.

Integrated Product Policy (IPP) In June 2003 the European Commission adopted a Communication on Integrated Product Policy (IPP) [European Commission Communication on Integrated Product Policy COM(2003) 302 final, adopted 18.6.2003]. The policy objective is to reduce the environmental impacts of products and services throughout their life-cycles, where possible by using a market- driven approach that takes due account of competitiveness and social concerns. The Integrated Product Policy concept has been well established in activities of Member States, often in close relation to Community level activities.

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The Member States make an effort to transpose and implement Community legislation with IPP elements, the examples include, inter alia, the following actions [10]: § product design and labelling legislation - better information for consumers, in addition to the European Ecolabel, around half of them have national ecolabel schemes – in the most successful cases reaching 10,000 licensed products in a single country; § the internalization of environmental costs through producer responsibility schemes. National initiatives to internalize environmental costs are certain eco-tax schemes; § Green Public Procurement to strengthen the demand for better products.

Environmental certification and labelling The European Union views ecological labels as the type of labels which are granted to products with properties significantly contributing to the improvement of important aspects of the environment (EU Regulation no 1980/2000) The authors of the OECD document have highlighted the differences between ecological and environmental labels. In their view, ecolabels are different from the more general environmental labelling schemes in that they are voluntary and provide information on a wider range of issues, thereby offering a more complete picture of the environmental impact of a product. The definition the authors propose is the following: “eco-labels are voluntary labels which convey information to consumers about the environmental implications associated with all elements in the product’s ‘life’, i.e. its production, distribution, use and disposal” [11,12]. The difference between environmental and ecological labelling is also stressed in the definition developed by the Global Eco labelling Network (GEN), which describes an ecological label as one that identifies overall environmental preference of a product within a product category based on life-cycle considerations. This feature distinguishes the label from a self-styled environmental symbol or claim statement developed by a manufacturer or service provider. An ecological label is awarded by an impartial third party to products that meet established environmental leadership criteria [12] (GEN, 2004). The International Organization for Standardization (ISO) has divided ‘environmental labelling’ into three types: Type I - environmental labelling - Eco labels, Type II - self-declaration claims, and Type III – environmental declarations. One of the classifications of the sustainable label is shown on figure 6.

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Figure 6. Sustainable labels classification

Source [13]

The Eco-management and Audit Scheme EMAS The Eco-management and Audit Scheme (EMAS) is a voluntary European instrument that was implemented on the basis of a Regulation of the European Parliament and Council to encourage different organisations (companies, plants, institutions, etc.) to keep improving their environmental performance. The basic EMAS principle is to distinguish and appreciate those organisations that exceed the minimum legal requirements and never cease to make efforts to improve their environmental performance.

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The scheme integrates ISO 14001 (International Standard for Environmental Management System) as its environmental management system element. Since April 2001, corporate registrations are possible, wherein organisations gather all their sites under one registration number. The European Commission started to collect numbers of sites in addition to the number of organisations in March 2004 to give a more accurate picture of EMAS development [Eurostat data - tsdpc410]. As shown in figure 7, the number of EMAS- registered organisations and sites across the European countries is highly differentiated. All V4 countries lag far behind the EU leaders, which are Germany, with 1991 sites, Italy, with 1771 sites and Greece, with 1292 sites.

Figure 7. Organisations and sites with eco-management and audit scheme (EMAS) registration – in 2015

2200

1991 2000

1772 1800

1600

1400 1292 Sites Organisations 1200 1091 1083

1000

800

629 600

400 256 248

200 122 117 50 49 39 23 22 21 19 18 16 13 0

Source: Own calculations based on Eurostat data - tsdpc410

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However, as can be seen from figures 8 and 9, Poland has made big progress when it comes to the number of organisations and sites with eco-management and audit scheme (EMAS).

Figure 8. Organisations with eco-management and audit scheme (EMAS) registration from 2005 to 2015 – Poland compared to other V4 countries

50 Czech Republic Hungary Poland Slovakia 48 45 45

36 35 34

30 28 26 26 26 25 25 25 24 24 24 23 22 21 20 20 20 20 20 19 18 18

15 14 12 10 10 8 6 6 5 5 5 5 4 3 3 2 2 2 1 1 0 0 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Source: Own calculations based on Eurostat data - tsdpc410

There was a sharp rise of the organisations and sites with eco-management and audit scheme (EMAS) in Poland in the last few years (increase form 33 sites in 2012 to 122 in 2015). That makes Poland the indisputable leader of V4 countries, with 122 sites in 2015, compared to 50 sites in the Czech Republic, 21 in Hungary and 3 in Slovakia.

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Figure 9. Sites with eco-management and audit scheme (EMAS) registration from 2005 to 2015 – Poland compared to other V4 countries

140

123 120 122 Czech Republic Hungary Poland Slovakia

100 100

70 68

60 59 58 50 40 36 33 30 27 2728 27 26 24 23 23 25 20 21 20 21 21 17 11 10 12 6 7 6 3 5 5 5 3 0 01 012 2 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Source: Own calculations based on Eurostat data - tsdpc410

The ISO 14000 environmental management standards The ISO 14000 environmental management standards aim to help organizations minimize the way in which their operations (processes, etc.) negatively affect the environment (i.e. cause adverse changes to air, water, or land), comply with applicable laws, regulations, and other environmentally oriented requirements, and continually improve in the above. The Eurostat indicator provides an overview of ISO 14001 certified companies in European countries [Eurostat data]. According to figure 10, all V4 countries, again, stay behind the EU leaders when it comes to the ISO 14001 certified companies. This time, unlike the EMAS registration, indisputable V4 leader is the Czech Republic, with 6629 companies. Poland ranks third, just behind Hungary, with 1793 companies.

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Figure 10. Number of ISO 14001 certified companies in European countries in 2010

20000 18000 16000 14000 12000 10000 8000 6000 4000 2000 0 Italy Spain Malta Latvia France Cyprus Poland Ireland Austria Greece Finland Estonia Norway Sweden Slovakia Belgium Bulgaria Slovenia Hungary Portugal Romania Denmark Germany Lithuania Switzerland Netherlands Luxembourg Czech Republic United Kingdom

Source: Own calculations based on Eurostat data

It can be seen from the figure 11, there has been a gradual increase of the ISO 14001 certified companies in Poland form 1999. However, it was not as impressive as in the Czech Republic.

Figure 11. Number of ISO 14001 certified companies in V4 countries 1999 - 2010

7000 6000 5000 4000 3000 2000 1000 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Czech Republic Hungary Poland Slovakia

Source: Own calculations based on Eurostat data

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The European Ecolabel

The EU Ecolabel is a voluntary scheme established in 1992 to encourage businesses to market products and services that are more sustainable. The Ecolabel helps to promote and identify products and services that have a reduced environmental impact throughout their life cycle, from the extraction of raw material through to production, use and disposal. Ecolabel criteria are discussed in the European Union Ecolabelling Board (EUEB), whose membership includes representatives from industry, environmental protection groups, consumer organisations and representatives for SMEs. EU Ecolabel products are evaluated by independent experts to ensure they meet the criteria. Products and services awarded the Ecolabel carry the flower logo, allowing consumers - including public and private buyers – to identify them easily [14]. The figure 12 presents the Eurostat indicator, defined as the number of Eco label or "EU Flower" licences in European countries. In 2016 the largest number of EU Eco label licences was awarded in France (26%), Italy (18%), and Germany (12%). V4 countries again lag far behind the EU leaders.

Figure 12. Total EU Ecolabels per country (2010 and March 2016)

486 500

450

400

337 350 2010 2016 300

250 231 197 200 183

150

100 80 77 49 33 39 50 30 24 22 18 14 14 14 12 11 0

*Others – countries with less then 10 Ecolabel licences in 2016 Source: own calculation based on Eurostat data - (Eurostat_tsdpc420) and Ecolabel website

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However, when we look at figure 12, we can observe an upward trend in Poland. The number of Ecolabel licences increased gradually since 2005, reaching the number of 30 licences in 2016. That makes Poland the V4 leader.

Figure 13. Number of eco labels licences per V4 countries 2005-2016

Slovakia Hungary Czech Republic Poland 30

0 2005 2006 2007 2008 2009 2010 2016

*Slovakia in 2016 less then 10 licences – no concrete data available Source: own calculation based on Eurostat data - (Eurostat_tsdpc420) and Ecolabel website

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Total EU Ecolabel Products and Services Per Country – March 2016

Source: [14]

Out of the total number of licences in the March 2016 reporting period, the majority of products/services comprised within this total are from Italy (46%), France (10%), and Spain (9%). Poland, with 912 Ecolabel product and services licences was the V4 leader.

Polish Eco Mark - Znak EKO

In addition to the European Ecolabel, around half of EU countries have national ecolabel schemes. In Poland we could mention the Polish Eco Mark - Znak EKO, which was created as a result of the initiative of the Ministry of the Environment and the Polish Centre for Testing and Certification (PCBC), in 1998. The national ecolabelling scheme is administered by PCBC in parallel with EU Ecolabel scheme. The Eco Mark scheme is compatible with the EU Ecolabel scheme; EU criteria are adopted for those product groups which are covered by both schemes

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Green Public Procurement

Green Public Procurement is defined in EU documents as "a process whereby public authorities seek to procure goods, services and works with a reduced environmental impact throughout their life cycle when compared to goods, services and works with the same primary function that would otherwise be procured." Green Public Procurement is a voluntary instrument, which means that Member States and public authorities can determine the extent to which they implement it [15].

Legal framework in Poland § The National The National Action Plan on sustainable procurement for the years 2013- 2016. It sets out the tasks intended for the system of public procurement to serve a broader consideration of environmental criteria in tender procedures. The main objectives in this regard are the following [16]: o increasing the participation of aspects related to environmental protection in public procurement; o market development of environmentally friendly products; o promoting sustainable patterns of production and consumption. It also proposes the indicators necessary for monitoring changes in the field of green public procurement. These include, among others, the following: o the percentage of orders taking into account environmental aspects, o the number of Polish products labelled with a Polish Ecolabel, o the number of certified environmental technologies and the number of people participating in training courses and conferences directly or indirectly related to green public procurement.

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Summary

The overview of the legal framework, programmes and initiatives in the area of sustainability in Poland made in the report allows to conclude that Poland has made an impressive effort to transpose EU environmental legislation. Furthermore, in the last years, we have seen rapid increases in the number of certified organisations, both EMAS, ISO 14001 standard and EU Eco label. Although Poland is still far behind the EU leaders, it has achieved the best results among the V4 countries in most of analysed indicators in recent years. This indicates that private companies and public institutions in Poland are increasingly engaging in environmental management. Nevertheless, according to the OECD and European Commission experts, Poland must embed its enforcement efforts in a more complex, multilevel system of environmental governance, which would benefit from an independent review. Many opportunities still exist in the further strengthening strategic environmental assessments current energy mix. In case of the application of ecological criteria in public tenders, it is also worth to formulate recommendations for the public procurement system in Poland [16]. In order to obtain more innovative solutions policymakers should intensify their efforts to promote green public procurement.

References

1. Environmental Performance Reviews, Poland Highlights; OECD: 2015. 2. Circular economy strategy, closing the loop - an eu action plan for the circular economy. http://ec.europa.eu/environment/circular-economy/ (06.02.2016), 3. SOER 2015, The European Environment- Sate and Outlook, Countries and Regions Poland,; European Environmental Agency: 2015. 4. Strategia rozwoju kraju 2020. Regionalnego, M.R., Ed. Warszawa, 2012. 5. Bezpieczeństwo energetyczne i środowisko – perspektywa do roku 2020 (energy security and the environment strategy – 2020 perspective). Ministry of Economy, M.o.t.E., Ed. Warszawa, 2014. 6. Narodowy program rozwoju gospodarki niskoemisyjnej; Warszawa, 2015. 7. OECD environmental performance reviews: Poland 2015; OECD: Paris, 2015. 8. Extended producer responsibility: A guidance manual for governments,. OECD: Paris, 2001. 9. Miedzinski, M. Eco-innovation in Poland, EIO country profile; Eco-Innovation Observatory: 2013.

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10. Report from fhe Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the State of Implementation of Integrated Product Policy. European Commission: Brussels, 2009. 11. Vitalis, V. Round Table on Sustainable Development. Private Voluntary Eco-Labels: Trade Distorting, Discriminatory and Environmentally Disappointing OECD; OECD: 2002. 12. Koszewska, M. Life cycle assessment and the environmental and social labels in the textile and clothing industry. In Handbook of life cycle assessment (lca) of textiles and clothing, 1 ed.; Muthu; Subramanian; Senthilkannan, Eds. Woodhead Publishing: 2015; p 400. 13. Koszewska, M. Social and eco-labelling of textile and clothing goods as means of communication and product differentiation. Fibres & Textiles in Eastern Europe 2011, 19, 20- 26. 14. The EU ecolabel. http://ec.europa.eu/environment/ecolabel/index_en.htm (06.07.2016), 15. Green public procurement. http://ec.europa.eu/environment/gpp/index_en.htm (09.07.2016), 16. Borowiec, A. Green public procurement and innovation of Polish enterprises in the light of empirical research. Zeszyty Naukowe Politechniki Poznańskiej, Organizacja i Zarządzanie: 2016; Vol. 68.