Risk of paralysis in the waste management market averted? A proposal for changes has been put forward – decisions on waste management will be extended until December 31, 2027.
The Ministry of Climate and Environment has responded with a concrete proposal to numerous voices from entrepreneurs in the waste management industry regarding the upcoming deadline for waste management decisions.
On June 26, 2025, a draft law amending the Environmental Protection Law and certain other laws (list number: UDER39) was published in the Government Legislation Center. The draft includes, among other things, a proposal to amend Article 226a of the Act of December 14, 2012, on waste (hereinafter: the Waste Act) and Article 193(1c) of the Act of April 27, 2001, Environmental Protection Law (hereinafter: EPL).
Source of the problem
We would like to remind you that in connection with the so-called fire law, entrepreneurs conducting waste management activities were obliged to submit applications for the adaptation of their decisions to the new regulations by March 5, 2020, at the latest. At the same time, 2024 and 2025 also mark the end of the 10-year validity period of waste management decisions issued in 2014 and 2015. These circumstances have resulted in a flood of applications to the authorities for the adaptation of decisions to the “fire” act and for the issuance of new decisions, which has paralyzed the operation of these institutions. The prolonged waiting period for obtaining a change or a new administrative decision created the risk that many entrepreneurs would have to cease their activities because they would not obtain an adapted or new permit/license in a timely manner. This would have led to a collapse of the waste management system. The measures taken so far to extend the validity of waste management permits/licenses until December 31, 2025, were insufficient (the deadline turned out to be too short).
In view of the above, the Ministry of Climate and Environment began to receive numerous requests to take appropriate legislative measures to avoid the risk described above. On behalf of entrepreneurs, the Ombudsman for Small and Medium-Sized Enterprises (letter of April 22, 2025, ref. no.: WPL.138.2025.DW) and the Management Board of the Association of Polish Provinces (letter of June 22, 2025) addressed the ministry. The above issue was also the subject of parliamentary question No. 9775.
Proposal of the Ministry of Climate and Environment
The Ministry of Climate and Environment proposes to amend Article 226a(1) of the Waste Act so that until December 31, 2027 a waste collection permit or a waste treatment permit shall not expire due to the expiry of the period for which it was issued if the waste holder submits an application for a new waste collection permit or waste treatment permit no later than three months before the expiry of that period.
Article 193(1c) of the POŚ will also be amended. According to the draft published on June 26, 2025 in the RCL draft, the waste generation permit referred to in Article 180a of the Environmental Protection Law shall not expire until December 31, 2027, if the waste holder submits an application for a new waste generation permit no later than three months before the expiry of the permit.
This is very good news for entities in the waste management industry. The draft bill is currently at the consultation stage.
We invite all entrepreneurs who need legal support in connection with the extension of the possibility of conducting waste management activities to contact us.
KONTAKT
