Legal provisions for the facilitation of the transition to a circular economy in the Polish legal system

Abstract

The transition to a circular economy (CE) is a priority objective for European Union (EU) Member States. Specifically, this goal is stated in the 8th Environmental Action Programme (which outlines a programme until 2030), the European Green Deal, European Commission communications, and the Waste Framework Directive 2008/98/EC as amended by Directive 2018/851. As a member of the EU, Poland is obliged to align its waste management practices with the CE; this work is reflected in legislative changes related to waste, packaging, and the municipal maintenance of cleanliness and order. This article presents the legal status of the transition to a CE in Poland, including the established legal instruments. The Polish legal system has developed measures to protect the environment, life, and human health by preventing and reducing waste and improving the efficiency of raw material use. Waste management is consistent with the waste hierarchy, with a focus on maximising recovery (material and organic recycling, energy recovery), an extended producer responsibility system, and strict requirements for recovery and recycling rates, with a particular focus on plastic packaging. In Poland, the CE Roadmap—which includes a legislative toolkit on sustainable industrial production, sustainable consumption, bioeconomy, new business models, and CE implementation and monitoring – has been developed for the transformation toward a CE. Poland’s priorities in this regard include: (1) innovation, strengthening cooperation between industry and the scientific sector, resulting in the implementation of innovative solutions in the economy; (2) creating a European market for secondary raw materials, where their movement would be easier; (3) ensuring the high quality of secondary raw materials that results from sustainable production and consumption; and (4) developing the service sector.