18/10/2023
On September 3, a regulation of the Council of Ministers dated August 10, 2023 came into effect, amending the regulation concerning projects that may significantly impact the environment, introducing changes to the obligation of obtaining decisions on environmental conditions for investment projects. As indicated in its justification, these changes aim to reduce administrative burdens and streamline the investment process by decreasing the legal-administrative burdens associated with the investment process.
Changes in the field of investments related to renewable energy sources primarily focus on facilitating the implementation of investments in renewable energy sources, specifically the installation of photovoltaic systems. In this context, it is worth noting that these changes are linked to EU regulations, specifically the proposal for an amendment to the European Parliament and Council Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU concerning the energy performance of buildings, and Directive 2012/27/EU on energy efficiency. These acts emphasize the necessity of recognizing investments in renewable energy sources as a higher public interest. Furthermore, they should be subject to the most favorable planning and permitting procedures, as well as be perceived not only as a public goal but also as a significant national security interest.
Importantly, a fundamental change in this regard is the amendment of paragraph 3, section 1, point 54, and the addition of point 54a. According to these provisions, the construction of photovoltaic systems is considered an undertaking that can significantly impact the environment, only if the area occupied by this investment exceeds 2.0 hectares or 0.5 hectares when it is carried out in areas designated for nature protection or in the buffer zones of these areas, as defined in the Act of April 16, 2004, on nature protection.
It is essential to note that the restrictions on the investment area do not apply to projects involving the installation of photovoltaic systems on roofs and building facades.
Changes in the area of parking and garage construction investments have also been introduced. In this context, the changes primarily involve raising the qualification thresholds, the crossing of which will still require obtaining decisions on environmental conditions.
Crucially, the regulation amends paragraph 3, section 1, point 58, according to its new wording, investments in the construction of garages, car parks, or parking complexes for the purposes of projects related to:
the construction of recreational centers or hotels located outside residential areas, industrial areas, other developed areas, and urbanized undeveloped areas, along with their accompanying infrastructure;
industrial or warehouse construction, along with its accompanying infrastructure;
residential construction, along with its accompanying infrastructure;
the construction of shopping centers, along with their accompanying infrastructure;
other service-related construction, particularly the construction of hospitals, educational institutions, cinemas, theaters, or sports facilities, along with their accompanying infrastructure,
will require decisions on environmental conditions if the usable area of this investment is not less than 1.0 hectare, or 0.5 hectares when it is carried out in areas designated for nature protection or in the buffer zones of these areas, as defined in the Act on nature protection.
Importantly, all the changes introduced by this amendment do not apply to proceedings initiated and not yet concluded before its entry into force. According to paragraph 2 of the discussed regulation, initiating and not concluding at least one of the proceedings related to decisions, applications, or resolutions mentioned in Article 71, section 1, and Article 72, sections 1-1b, of the Act of October 3, 2008, on environmental information and its protection, triggers the application of the previous regulations.
