Yes, Poland signed the Paris Agreement on 22 April 2016 and ratified it on 7 October 2016.

The INDC was submitted by the EU and its Member States (including Poland) on 6 March 2015 with a target of at least a 40 % domestic reduction in greenhouse gas emissions compared to 1990 by 2030 (for all EU countries combined).

Policy instruments related to climate change are specified mainly in the draft of the Energy Policy of Poland until 2040 (EPP2040), which was approved by the Council of Ministers on 2 February 2021. Key instruments include:

• legal incentives to pro-efficiency activities (the system of white certificates),
• Green Transport Fund providing financial support to the purchase of green vehicles, development of infrastructure (car chargers) and eco-friendly public transport,
• legislation enabling investment in offshore wind farms: Act of 17 December 2020 on the promotion of electricity generation in offshore wind farms (Journal of Laws of 2021, item 234) - offshore energy potential in the Baltic Sea is estimated at approx. 11 GW by 2040,
• legislation aimed at the reduction of household emissions (both financial support for retrofitting home heating systems and prohibition of low-quality coal use; as of July 1, 2020, there is a ban on the sale of hard coal fines to households and boilers with a capacity of less than 1 MW) - discontinuation of coal combustion in households in cities by 2030, in rural areas by 2040; while maintaining the possibility of using smokeless fuel by 2040.

The national long-term greenhouse gas emissions reduction target stated in EPP2040 is 30 % by 2030 (compared to 1990).

Yes, but in a limited scope.

The use of low-quality coal in home heating systems and installations with a capacity of 1 MW or lower is prohibited in Poland. The ban was introduced by the amendment of the Act of 25 August 2006 on the Fuel Quality Monitoring and Control System. Local governments are entitled to introduce further restrictions on the use of certain home heating fuels.

According to the Act of 25 August 2006 on the Fuel Quality Monitoring and Control System, a person marketing low-quality coal not meeting quality requirements could be subject to a fine from PLN 50,000 to PLN 1,000,000 or even imprisonment of up to 5 years.

No specific climate change legislation has been adopted so far, however, the Climate and Environment Ministry was set up. The departments responsible for the climate part carry out tasks such as drafting legislation.

Yes. Polish installations included in the EU-ETS system have to obtain a GHG emissions allowance in order to emit CO2. Furthermore, every emission of CO2 is subject to the air pollution fee system governed by the Environmental Protection Act of 27 April 2001 (Journal of Laws of 2020, item 1219). Fee rates depend on the volume and content of emissions. The unit fee per emitted substance is set up annually by the Minister of Climate and Environment.

Currently, there is no final form of such a tax worked out that is acceptable to the parties to the Paris Agreement.

Yes. Polish installations included in the EU-ETS system have to obtain a GHG emissions allowance in order to emit CO2. Furthermore, every emission of CO2 is subject to the air pollution fee system governed by the Environmental Protection Act of 27 April 2001 (Journal of Laws of 2020, item 1219). Fee rates depend on the volume and content of emissions. The unit fee per emitted substance is set up annually by the Minister of Climate and Environment.

Currently, there is no final form of such a tax worked out that is acceptable to the parties to the Paris Agreement.

Yes, the national legislation regulates CCS. We are not aware of any subsidies applicable to carbon dioxide capture and storage.

CCS is regulated in chapter 4a of the Geological and Mining Law Act of 9 June 2011 (Journal of Laws of 2020, item 1064) and six detailed regulations of the Minister of Environment (currently the Minister of Climate) issued under this Act (Regulation of the Council of Ministers of 30 December 2020 on the application for qualification proceedings; Regulation of the Minister of Environment of 30 October 2015 on detailed requirements regarding exploitation of the underground storage of carbon dioxide, injected carbon dioxide stream and monitoring the complex of underground storage of carbon dioxide; Regulation of the Minister of Environment of 30 October 2015 on financial security and security of measures associated with underground storage of carbon dioxide; Regulation of the Minister of Environment of 16 October 2014 on the register of mining areas and sites of closed underground storage of carbon dioxide; Regulation of the Minister of Environment of 3 September 2014 on areas where the emplacement of sites of geological storage of carbon dioxide is allowed; Regulation of the Minister of Environment of 8 May 2014 on detailed requirements which should be met by the plan for development of an underground storage of carbon dioxide).

Yes. Relevant support measures are indicated, inter alia, in the draft of the Energy Policy of Poland until 2040. These are energy auctions, feed-in tariff and feed-in premium system, tradable certificates system, guarantees of origin, repayable assistance and subsidies.

We have many programs advertising and encouraging photovoltaics. The "Mój PrÄ…d" program has been very popular. The program is addressed to homeowners and targets systems with a capacity of 2-10 kW. The subsidy covers up to 50% of installation costs (no more than PLN 5000, i.e. approx. EUR 1000). The “Program Argoenergia” was also introduced, which provides subsidies to individual farmers.  The aim of the “Program Argoenergia” is to reduce the negative environmental impact generated by agricultural holdings in Poland. The program costs include, among others, such undertakings as construction of a photovoltaic installation, construction and modernization of production equipment or installations.

There is also a program "Czyste powietrze” (Clean Air) which provides for a system of financial subsidies, e.g. for photovoltaic installations. The program applies also to the replacement of old heat sources, which is particularly interesting for individuals who own old single-family houses.

Three types of measures are taken to reduce GHG emissions / improve energy efficiency in Poland: (1) tax incentives, (2) subsidies for energy efficiency improvement projects and (3) imposition of compulsory energy efficiency standards for new public buildings.

• Re. (1): The cost of insulation retrofitting in detached houses is tax-deductible (up to PLN 53,000, i.e. approx. EUR 12,000).
• Re. (2): Various national energy efficiency improvement programs offer subsidies, among them the Stop Smog or Clean Air programs, aimed at retrofitting the insulation of residential buildings.
• Re. (3): Standards regarding buildings' energy efficiency are specified in the national plan for increasing the number of near-zero energy buildings.

National measures designed to reduce GHG emissions and raise energy efficiency in transport are specified mainly in the Strategy for Sustainable Transport Development until 2030 and the Act of 11 January 2018 on E-Mobility and Alternative Fuels (Journal of Laws of 2021, item 110). Key instruments:

• legal obligation of power grid operators to build a car battery charging infrastructure;
• financial incentives from the Low Emission Transport Fund to invest in the purchase of electric/hybrid vehicles;
• granting authority to local governments for the creation of restricted emission transport zones (LEZ) with greater access restrictions imposed on combustion-engine vehicles (mainly in city centers);
• changes in individual and collective mobility (including the promotion of public transport);
• increasing and improving the railroad network;
• developing local electromobility development strategies.

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions was implemented in Poland by way of amendment of the Environmental Protection Act of 27 April 2001. As a result, the Polish industry is obligated to comply with EU emission standards.

In terms of energy efficiency improvements - the Energy Efficiency Act of 20 May 2016 (Journal of Laws 2019, item 545) established a white certificate system that promotes energy efficiency projects. In addition, according to the Law on Energy Efficiency, an energy audit (general audit), concerns energy consumption in any form and must be carried out every 4 years for companies that in the last two financial years employed more than 250 people or generated a turnover of more than PLN 50 million. On the other hand, the energy efficiency audit is part of the system supporting projects to improve energy efficiency. This is not a mandatory audit but is required when the company intends to carry out activities aimed at reducing energy consumption and is interested in issuing energy efficiency certificates (white certificates).

These measures are spelled out in the Strategy for Sustainable Development of Rural Areas, Agriculture and Fisheries until 2030 and in the National Environmental Policy until 2030, and include a system of trading biogas certificates, a legislative basis for establishing energy clusters as well as cooperative and subsidy programs, as well as the main principle which is to carry out agricultural and fishery production with respect for the principles of environmental protection and adaptation of the agri-food sector to climate change (including, among others, access to water).

National measures aimed at improving energy efficiency in the electricity production sector are specified in the draft of the Energy Policy of Poland until 2040. They are:

• retrofitting inefficient generation units and closing units that exceed emission standards (planned action);
• ensuring legal conditions for the introduction of nuclear energy source to the Polish energy mix and implementation of nuclear power;
• transformation of coal markets;
• new industries related to RES;
• implementation of offshore wind energy;
• increasing the share of renewable energy sources (for more information see the answer to question 8);
• increasing the use of other low-emission energy sources;
• electrification of transport;
• modernization of technologies.

Banks offer eco-loans for the purchase of photovoltaic cells and solar panels as well as electric and hybrid vehicles, and finance renewable energy projects – jointly with dedicated national funds. Financial institutions participate in green bond programs addressed mainly to local governments.

There are very few such cases in Poland.

The environmental organization ClientEarth sued Polska Grupa Energetyczna Górnictwo i Energetyka Konwencjonalna S.A. (a Polish energy group) demanding the BeÅ‚chatów Power Station (the world’s largest lignite-fired plant of this kind) to stop using coal or install devices that would eliminate CO2 emissions.

ClientEarth Prawnicy dla Ziemi Foundation challenged Enea's decision to build a new coal-fired unit at the power plant in Ostrołęka. The reason is the high financial risk of the investment connected with climate protection policy.

ClientEarth became a shareholder of Enea, which made it possible to sue for invalidating the resolution of the company's general meeting on the construction of the Ostrołęka C block. Earlier the Foundation and other minority shareholders had expressed their opposition to the investment during the general meeting. Despite that, the General Assembly adopted a resolution on the investment.

There is also an action brought by the Czech Republic at CJEU against the Republic of Poland (C-121/21) and related to the extension of the development consent for extraction of lignite from Turów mine without conducting a proper environmental impact assessment and excluding the public concerned from the procedure for the grant of development consent for extraction activity.  

Other measures meant to combat climate change (not mentioned above) are indicated in the following policies:

• The Strategy for Responsible Development until 2020 (including the perspective up to 2030);
• The National Strategy for Regional Development until 2030;
• The National Energy and Climate Plan 2021-2030;
• The Electromobility Development Program.