Environmental Impact Assessment in Poland: Navigating Legal Requirements for Foreign Investors

Environmental Impact Assessment (EIA) is a critical component of project development in Poland, serving as both a regulatory requirement and a sustainability assurance mechanism. For foreign investors looking to establish operations in Poland, understanding the intricacies of the Polish EIA framework is not merely a compliance issue—it’s a strategic necessity that can significantly impact project timelines, costs, and ultimate success. As Poland continues to harmonize its environmental regulations with EU directives while maintaining certain unique national requirements, navigating this complex legal landscape requires specialized knowledge.

In my 15 years of advising international clients on Polish regulatory frameworks, I’ve observed that EIA-related challenges often become critical bottlenecks for investment projects. What many foreign businesses fail to anticipate is that Poland’s environmental assessment procedures involve multiple stages of evaluation, various stakeholder consultations, and specific documentation requirements that can differ substantially from procedures in other EU member states. This article aims to provide a comprehensive overview of the legal requirements for environmental impact assessments in Poland, highlighting recent regulatory developments and practical approaches to ensure compliance while maintaining project efficiency.

What is Environmental Impact Assessment Under Polish Law?

In Poland, Environmental Impact Assessment is a procedural and systematic examination of the potential environmental consequences of proposed projects. Regulated primarily by the Act on Providing Information on the Environment and Environmental Protection, Public Participation in Environmental Protection and on Environmental Impact Assessment of 3 October 2008 (commonly referred to as the “EIA Act”), this process aligns with the EU’s EIA Directive (2014/52/EU) while incorporating specific national provisions.

The EIA procedure in Poland serves as a preventive tool that evaluates how a planned undertaking might affect various environmental components, including biodiversity, human health, soil, water, air, climate, material assets, cultural heritage, and landscape. The assessment aims to identify, predict, evaluate, and mitigate the biophysical and social effects of development proposals before major decisions and commitments are made.

Polish environmental law categorizes projects into those that always require an EIA (Group I projects) and those that may require an EIA based on case-by-case screening (Group II projects). This classification generally follows the EU framework but includes certain Poland-specific thresholds and considerations that reflect national environmental priorities and conditions.

When is an Environmental Impact Assessment Required in Poland?

Under Polish regulations, projects are divided into two main categories that determine EIA requirements. Group I projects, listed in the Regulation of the Council of Ministers of 10 September 2019 on projects likely to have significant effects on the environment, always require a full EIA. These typically include major infrastructure developments such as:

• Oil refineries and power plants exceeding specified capacity thresholds
• Major transportation infrastructure (airports, highways, railways)
• Large waste management facilities
• Industrial installations of significant scale

Group II projects may require an EIA based on a case-by-case screening decision by the relevant environmental authority. This screening considers factors such as the project’s location (particularly proximity to protected areas), cumulative effects with other developments, use of natural resources, waste production, pollution potential, accident risk, and impact on local landscapes. The screening process involves submission of an information sheet on the planned project, which must contain specific details about the proposed development and its potential environmental impacts.

What are the Key Stages of the EIA Procedure in Poland?

The Polish EIA procedure consists of several distinct stages, each with specific legal requirements and timeframes. Understanding this process is essential for effective project planning:

1. Screening – Determining whether an EIA is required (for Group II projects)
2. Scoping – Defining the scope of the assessment
3. Preparation of the Environmental Impact Report
4. Public consultation
5. Review by competent authorities
6. Final decision

One of the most challenging aspects for foreign investors is correctly timing these procedures within their overall project schedules. The regulatory compliance timeline can significantly impact project launch dates, particularly when considering that some stages, such as public consultations, have legally mandated minimum durations that cannot be shortened regardless of commercial pressures.

How to Prepare an Environmental Impact Report That Meets Polish Legal Standards?

The Environmental Impact Report (Raport o oddziaływaniu przedsięwzięcia na środowisko) is the central document in the Polish EIA process. This comprehensive document must be prepared by qualified experts and cover all potential environmental impacts of the proposed project. According to Article 66 of the EIA Act, the report must include:

• A detailed description of the proposed project
• Analysis of alternatives, including the “zero option” (no project)
• Description of the current state of the environment
• Assessment of anticipated environmental impacts
• Description of mitigation measures
• Monitoring requirements
• Analysis of potential cross-border impacts
• Non-technical summary for public consumption

The quality of this document is crucial for successful regulatory compliance. In my practice at Kopeć Zaborowski Attorneys at Law, we frequently assist international clients in preparing these reports, ensuring they meet both the letter and spirit of Polish environmental legislation while effectively addressing project-specific challenges. Our environmental law specialists work closely with technical experts to develop robust impact assessments that withstand regulatory scrutiny and facilitate project approval.

Who are the Competent Authorities for EIA in Poland?

Understanding which authorities are responsible for EIA decisions is critical for effective navigation of the Polish environmental assessment landscape. The competent authorities vary depending on the type and scale of the project:

For most projects, the primary authority is the Regional Director for Environmental Protection (Regionalny Dyrektor Ochrony Środowiska, RDOŚ). However, for smaller local projects, the competent authority may be the municipality head (wójt), mayor (burmistrz), or city president (prezydent miasta). For projects that may affect marine environments, the Director of the Maritime Office may become involved.

Additionally, other specialized authorities provide opinions during the EIA process, including the State Sanitary Inspectorate and water management authorities. This multi-authority approach can sometimes lead to complex coordination requirements that foreign investors find challenging without local legal support.

What Role Does Public Participation Play in Polish EIA Procedures?

Public participation is a mandatory component of the Polish EIA process, derived from both EU directives and the Aarhus Convention. The legal requirements for public consultation include:

Public disclosure of information about the planned project, including making the EIA report accessible to all interested parties. A minimum 30-day period for submitting comments and concerns. Public hearings, which may be organized for projects generating significant public interest. Consideration of all submitted comments in the final decision, with explanations of how public input affected the outcome.

For international investors, the public participation phase can present unexpected challenges, particularly when projects face opposition from local communities or environmental NGOs. Developing a proactive stakeholder engagement strategy that goes beyond minimum legal requirements often proves beneficial in mitigating risks of delays or legal challenges to environmental decisions.

How Does the EIA Process Interact with Other Polish Permitting Requirements?

The environmental assessment process in Poland is closely integrated with other permitting procedures, creating a sequential dependency that must be carefully managed. The environmental decision (decyzja o środowiskowych uwarunkowaniach) obtained through the EIA process serves as a prerequisite for subsequent permits, including:

• Building permits
• Water-legal permits
• Waste management permits
• Integrated permits for installations covered by the Industrial Emissions Directive

This sequential structure means that deficiencies in the EIA process can have cascading effects on the entire permitting timeline. Strategic planning of the regulatory compliance process, with careful attention to the interrelationships between different permits, is essential for preventing costly delays.

What are the Common Pitfalls for Foreign Investors in the Polish EIA Process?

In my experience advising international clients, several recurring challenges emerge in the Polish environmental assessment context:

Underestimating timeframes: The full EIA procedure, including potential appeals, can take 6-12 months or even longer for complex projects. Foreign investors accustomed to faster processes in other jurisdictions often fail to build sufficient time into their project schedules.

Insufficient attention to Natura 2000 requirements: Poland has an extensive network of Natura 2000 protected areas, and projects potentially affecting these sites face additional assessment requirements under Article 6(3) of the Habitats Directive. This “appropriate assessment” has specific procedural and substantive standards that differ from the general EIA.

Overlooking cumulative impacts: Polish authorities increasingly focus on cumulative effects of multiple projects in the same area. Failure to adequately address these cumulative impacts in the EIA report can lead to rejection or substantial revision requirements.

How Are EIA Decisions Challenged or Appealed in Poland?

Environmental decisions in Poland are subject to a structured appeals process that includes both administrative and judicial review paths. Initially, parties dissatisfied with an environmental decision may appeal to the higher administrative authority (typically the General Director for Environmental Protection for decisions issued by Regional Directors).

If the administrative appeal doesn’t resolve the issue, parties may bring the case before the Administrative Court. Poland’s two-instance administrative court system includes the Voivodeship Administrative Courts as first instance and the Supreme Administrative Court for cassation appeals.

The legal requirements for standing to appeal are relatively broad in environmental matters, allowing environmental NGOs to challenge decisions even without demonstrating a direct legal interest. This has led to an increase in litigation challenging environmental decisions, creating additional uncertainty for investors. Working with experienced legal counsel who can anticipate potential challenges and design robust, legally defensible assessment processes is essential for risk mitigation.

What Recent Developments Are Shaping Polish EIA Practice?

Poland’s environmental law framework continues to evolve, influenced by both EU-level developments and domestic policy priorities. Recent and ongoing developments include:

Implementation of amendments to the EIA Act that strengthen requirements for analysis of climate impacts, including both the project’s contribution to climate change and its vulnerability to climate change effects. Increasing emphasis on circular economy principles in environmental assessment, with greater scrutiny of resource efficiency and waste management aspects of proposed developments.

Growing focus on cumulative impacts assessment, particularly for renewable energy projects like wind farms that are being developed in clusters. This trend reflects broader European approaches to environmental assessment that consider landscape-scale effects rather than isolated project impacts.

How to Effectively Manage EIA Compliance for Large-Scale Projects in Poland?

For complex, large-scale projects in Poland, a strategic approach to environmental assessment compliance can significantly reduce risks of delays and challenges:

Early engagement with authorities: Preliminary consultations with relevant environmental agencies before formal submission can identify potential issues and establish constructive working relationships. Thorough baseline studies: Investing in comprehensive environmental baseline data collection over appropriate seasonal cycles provides a solid foundation for impact assessment and reduces vulnerability to challenges.

Integrated approach to permitting: Developing a cohesive permitting strategy that anticipates how the EIA process feeds into subsequent authorization requirements can optimize the overall regulatory timeline.

At Kopeć Zaborowski Attorneys at Law, we specialize in developing integrated compliance strategies for international investors undertaking complex projects in Poland. Our team combines deep understanding of Polish environmental law with practical experience in managing multi-faceted regulatory processes for diverse industrial sectors. We invite you to contact our office for a consultation on how we can support your investment project’s environmental compliance needs in Poland.

Conclusion: Strategic Approaches to EIA Compliance in Poland

Environmental Impact Assessment in Poland represents a complex but navigable regulatory framework that balances EU-wide standards with national specifics. For foreign investors, understanding the procedural requirements, authority structures, and potential challenges of the Polish EIA system is essential for effective project planning and risk management.

The key to successful navigation of Polish environmental law requirements lies in proactive planning, early engagement with authorities and stakeholders, thorough environmental studies, and strategic integration of the EIA process with the broader permitting timeline. While the process can be demanding, a well-managed approach to environmental compliance can actually create value by identifying optimization opportunities and building positive relationships with regulatory stakeholders.

As Poland continues to develop its environmental regulatory framework in line with EU sustainability goals, investors who approach EIA not merely as a compliance exercise but as an opportunity to enhance project sustainability will be best positioned for long-term success in the Polish market.

Bibliography

• Act of 3 October 2008 on Providing Information on the Environment and Environmental Protection, Public Participation in Environmental Protection and on Environmental Impact Assessment (consolidated text: Journal of Laws of 2021, item 247, as amended)
• Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment
• Regulation of the Council of Ministers of 10 September 2019 on projects likely to have significant effects on the environment (Journal of Laws of 2019, item 1839)
• European Commission. (2017). Environmental Impact Assessment of Projects: Guidance on Screening. Luxembourg: Publications Office of the European Union
• General Directorate for Environmental Protection. (2021). Guidelines on EIA Procedures in Poland. Warsaw: GDOŚ