Poland’s plan to ban waste imports is facing scrutiny. The industry association Speo has raised concerns that the proposal conflicts with EU law. It also threatens the stability of the WtE sector.
Key Takeaways
- Poland’s plan to ban waste imports faces criticism from the energy from waste producers’ association, Speo.
- Speo argues the ban conflicts with EU law and international obligations, threatening the functioning of Waste-to-Energy plants.
- The proposed legislation conflicts with EU Waste Shipment Regulation, which governs transboundary waste shipments.
- Speo highlights economic risks, stating the ban would restrict feedstock access and hinder investment in waste management.
- The association recommends amending or deleting the proposed article to avoid breaching EU law.
The association of energy from waste producers (Speo) has submitted a critical opinion to the chief inspectorate for environmental protection regarding a proposed ban on the import of municipal waste into the Republic of Poland. The association states the ban, outlined in the draft act on transboundary shipment, is incompatible with EU law and international obligations. It could also threaten the optimal functioning of Waste-to-Energy plants in Poland.
Conflict With International And EU Law
The proposed Article 16 of the act introduces a general ban on the import of municipal waste and waste derived from its processing, with an exception for selectively collected waste intended for recycling. Speo argues this is an unauthorised extension of the import restrictions permitted under the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal. While the convention allows states to ban the import of selected wastes, it does not cover waste generated from the processing of municipal waste.
Furthermore, the proposal is identified as being in direct conflict with EU Waste Shipment Regulation which comprehensively governs the principles of transboundary waste shipments, the association argues. This regulation provides a definitive list of grounds for objection to such shipments. Member states are not authorised to introduce general import bans that go beyond these established mechanisms.
An example cited is refuse-derived fuel (RDF) produced from mixed municipal waste for recovery purposes (R1 process). The EU regulation explicitly permits the movement of such materials under a procedure of prior written notification and consent. In contrast, the Polish draft law would impose an arbitrary statutory ban. This action would contradict Article 288 of the Treaty on the Functioning of the European Union.
Economic Consequences For The WtE Sector
The draft law’s justification notes that Poland will not have sufficient thermal treatment capacity for its domestic waste until 2034. By restricting feedstock to domestic sources, the proposed legislation would deprive existing and planned facilities of important tools for business optimisation.
Speo contends that stable operating conditions and the absence of artificial barriers to feedstock access allow for more effective investment planning. This could encourage the development of new installations, supported by stronger business cases and greater profitability. As a result, this may in turn lead to the stabilisation of waste management system costs for residents. Speo concludes that the proposed article should be substantially amended or deleted to prevent a breach of EU law.
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