LEGAL ALERT: Waste management permits valid until 31 December 2026?
As we reported in July and October this year, in response to numerous comments from entrepreneurs in the waste management industry regarding the approaching expiry date of waste management decisions and the lengthy and protracted nature of administrative proceedings, the Ministry of Climate and Environment proposed an amendment to Article 226a of the Act of 14 December 2012 on waste (hereinafter: the Waste Act) and Article 193(1c) of the Act of 27 April 2001 – Environmental Protection Law (hereinafter: EPL).
The original proposal of the Ministry of Climate and Environment assumed that until 31 December 2027, the decisions referred to in Article 226a of the Waste Act and Article 193(1c) of the ELA 1c of the ELA would not expire if the waste holder submitted an application for a new decision no later than three months before the expiry of the period for which the decision was issued.
In October, there was an unexpected turn of events, bringing back the spectre of paralysis in the waste management market. The risk, which seemed to have been averted, returned because the version of the draft act amending the Environmental Protection Law and certain other acts (list number: UDER39), which was submitted to the Sejm, provided for a reduction of the originally proposed deadline by as much as 1.5 years, i.e. to 30 June 2026.
Was a compromise reached?
Ultimately, during the third reading of the draft bill on 7 November 2025, the Sejm adopted the draft bill amending the Environmental Protection Law and certain other acts. The lower house of parliament approved a parliamentary amendment according to which waste decisions will be valid until 31 December 2026 . The Act is to enter into force on 31 December 2025. Now it is time for the Senate to act (and make any amendments). The next session of the upper house is scheduled for 26 and 27 November 2025.
We will keep you informed about further developments in this matter. If you require legal assistance in this regard, please contact our law firm.
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