3rd ELD Stakeholder Workshop Case presentations: Poland · Case presentations: Poland Paweł Holnicki-Szulc Head of Specialty Lines, East Zone EMEA Brussels, November 26h 2014 . 2

3rd ELD Stakeholder Workshop Case presentations: Poland

Paweł Holnicki-Szulc

Head of Specialty Lines, East Zone EMEA

Brussels, November 26h 2014

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• ELD transposition - The Prevention and Remedying of Environmental

Damage Act of 13 April 2007 (Official Journal of 2007 no. 75 item 493)

• Ministry of Environment regulation of 26 February 2008 on the register of the

imminent threats to the environment and environmental damages (Official

Journal of 2008 no. 39 item 233)

• Ministry of Environment regulation of 30 April 2008 on the criteria for

assessing whether any damage to the environment has occurred (Official

Journal of 2008 no. 82 item 501)

• Ministry of Environment regulation of 4 June 2008 on types of remediation

activities and the conditions of their implementation (Official Journal of 2008

no. 103 item 664)

• … but also legal framework for historical contaminations (occurred before April

30th 2007) based on Environmental Protection Law Act (revised in July 2014)

ELD legal framework - Poland

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ELD transposition key features-

Poland

• ELD transposition through standalone legal act effective April 30th 2007 -

clear cut-off date

• Principle of prevention and remediation

• Strict liability: ELD Annex III+ activities that require a permit to introduce gases

or dust into the atmosphere

• Strict soil quality standards for land damages

• Any person can submit a notification to a competent authorities (concerning

an imminent treat or actual environmental damage)

• Permit and state of the art defenses are not allowed

• No financial assurance (security) requirements, except landfills operators

(Waste Management Act)

• Duty to carry out remedial measures by competent authorities

• Direct public access to ELD notifications and decisions issued by competent

authorities – information transparency

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Example of decision issued by

competent authorities - Poland

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ELD notifications in 2012 - Poland

• There were 70 notifications of

imminent threats and damages to

the environment in Poland /2012

• 57 concerned surface of land;

• 9 concerned biodiversity (6

protected species; 3 protected

natural habitats);

• 3 concerned waters

• Numbers from previous years (in

the register):

• 2011- 88 notifications

• 2010 - 91 notifications

• 2009 – 96 notifications

• The total number of all notification

from individuals and NGO – much

higher – e.g 364 notifications in

2010

surface of land 83%

protected spieces

9%

protected natural habitats

4%

water 4%

POLAND - 70 notification of imminent threats and damages to

the environment

Source: www.gios.gov.pl

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Environmental damage - complexity

Source: Gazeta Olsztynska, TVP Info 2011/2013

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Source: Regionalna Dyrekcja Ochrony Środowiska w Olsztynie, 2014

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• January 13th 2012 rail accident at railway siding

• Human’s error led to rail tanks collision and the leakage of 58 m3 of diesel oil

• 31 m3 were rescued but 27m3 seeped into the ground

• 600 tons of soil required remediation

• Challenges:

Remediation works needed to be carried out in stages – first stage is expected to

be finished till 2016,

Expensive methodology applied due to limited access to soil benefit the rail track

High monitoring costs - certified laboratories only

High attention from local community – claims (property/ health) but also

diminishing of real estates value

Complexity of administrative procedures, legal permissions to access individual

property, planning permissions for cutting down the trees etc.

Estimated total costs – in excess of 2M Euro

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Environmental damage -

biodiversity

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biodiversity

• Environmental damage is the result of the renovation work of the bridge „Cłowy”

in Szczecin. Nests with baby birds were dropped into the water.

• On 15 July 2009 NGO’s had notified to the competent authority the

environmental damage (notification of the environmental damage).

• In connection with the renovation of the bridge investor destroyed 320 swallow’s

nests. Works conducted by the investor had significant negative impact on the

appropriate conservation status of these species and their habitats

• „Users of the environment” were both the investor (works supervision) and

contractor

• On 17 February 2012 competent authority (RDOS) issued a decision imposing

to the investor and contractor obligation to undertake remedial measures

involving assembling of artificial nests and situation rugged plaster on the

elements of the bridge.

• On 6 march 2012 investor appeals against a decision competent authority. As a

result of the court proceedings complaint was dismissed.

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biodiversity

Source www.szczecin.gazeta.pl

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biodiversity

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biodiversity

• On January 7th 2008 NGOs notification to the competent authority the imminent

threat of environmental damage and environmental damage

• The area covered by the investment is located within Sites of Community

Importance - Natura 2000 - designated Special Protection Areas of Habitats

Natura 2000 „Torfowiska Gór Izerskich” and Special Protection Areas of Birds

Natura 2000 „Góry Izerskie”.

• Investment caused the destruction and damage to the habitat of the black

grouse and their decrease in the area around the investment and worsening

possibility of reproduction of the specie

• On 10 July 2012 Regional Director for Environmental Protection in Wrocław

issued a decision imposing to investor an obligation to take preventive and

remedial measures.

• Authority identifies in decision a number of preventive and remedial measures:

• restriction of decrease of black grouse due to reconstruct local population

• Individuals from the breeding;

• the reduction of predators (foxes, raccoon dogs);

• security of refuge of black grouse;

• the protection of individual components of the environment.

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State Fire Service interventions in

2010/2011 - Poland

YEAR

Intervention category 2010 2011

1 Wind 25531 29210

2 Flood/ rising water 36388 13188

3 Snow 22116 2785

4 Heavy rain 93091 24917

5 Chemical 2606 2278

6 Ecological 2943 3729

8 Construction 1716 1632

9 Community facilities 2149 1481

10 Road transport 58937 54075

11 Rail transport 354 336

12 Air transport 238 186

13 Water area 7820 4178

Source: Information bulletin of State Fire Service 2013

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3rd ELD Stakeholder Workshop Case presentations: Poland · Case presentations: Poland Paweł Holnicki-Szulc Head of Specialty Lines, East Zone EMEA Brussels, November 26h 2014 . 2