Facilitations in environmental obligations in practice

See what facilitations in obligations related to the environment have been introduced as part of a package of 100 changes for companies.  

Resignation from information obligations associated with the use of the environment 

It used to be:  John Smith has small shop with food.  In the context of his activity, he uses a car twice a week to collect  fruit and vegetables from local farmers.  Since his car emits into the atmosphere gases, John Smith under current legislation shall be treated as "an operator using the environment".  Such entities are bound by an obligation to supply the marshal of voivodship  lists containing information on emissions of gases into the atmosphere, the amount of waste water etc. and the obligation to pay fees for the use of the environment. Admittedly, John Smith does not need to pay this charge (entrepreneurs for whom a fee does not exceed PLN 800 are completely exempt from it), but still must  provide the relevant lists to the marshal of vovivodship each year. For failure to supply such information John Smith may be fined.

Now:  John Smith, like other economic operators for whom the  ‘environmental charge' does not exceed PLN 100, will be exempt from the obligation to provide information on the use of the environment. Today this obligation is not put in practice by any entrepreneur who "uses the environment" on marginal scale.  The new rules fully remove this obligation and the penalties for non-compliance.


Waiving of the obligation to carry out educational campaign 

It used to be:  John Smith has a small enterprise producing sweets.  Each sweet is packed in small paper packaging with the image of a cow.  Although the production at the factory of John Smith has increased year by year, the total weight of packaging in which all sweets are packed does not exceed 1 ton.  Therefore, John Smith is exempt from a product fee and other obligations relating to the levels of recovery and recycling of packaging.  However, John Smith is obliged to conduct by himself or through special organisation public educational campaigns (ecological) with at least 2 % of the net value of all packages used in a given year. As a result of this obligation, he must also prepare reports on financial resources dedicated to educational campaigns.

Now: The obligation described above, burdensome and most often unconscious to conduct public educational campaigns and to prepare reports will be abolished in relation to entrepreneurs who in a given calendar year placed on the market products in packaging with a total weight of packaging not exceeding 1 tonne.  Its maintenance for such a small production seems pointless -  and today neither John Smith nor any of his colleagues follow it.  

Additional information 

More information on obligations related to environmental protection can be found in the guide Reporting obligations relating to environmental protection


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