New Regulations Introduce Tough Criminal Liability Measures, Heightening Accountability for Environmental Offences.
In a significant move towards bolstering environmental compliance, Poland has enacted regulations that impose stricter criminal penalties for environmental crimes, particularly those stemming from mismanagement and a lack of due diligence.
The enforcement of these regulations brings about five key changes that will profoundly impact business operations within the country from an environmental standpoint.
Higher Criminal Liability for Lack of Prudence:
The regulations now hold those acting on behalf of a company criminally liable for environmental crimes, with the possibility of imprisonment for up to 5 years in cases of manslaughter. Unintentional crimes, resulting from a lack of prudence, may also lead to a court-ordered restitution obligation of up to PLN 10 million.
Increased Criminal Liability for Plant Supervision Teams:
Management teams overseeing production plants in Poland now face higher criminal liability for the improper operation of installations requiring environmental permits. The risk includes imprisonment for up to 10 years for actions that result in pollution endangering human life, health, or degrading environmental quality.
Greater Risk of Liability for Companies:
Collective entities, such as companies, will now face liability without the need for prior individual convictions. The compensation for such liability can reach up to PLN 5 million. This change is expected to intensify inspections of permits and activities affecting the environment conducted by companies.
Exclusions from Public Procurement for Convicted Companies:
Entities with persons convicted of intentional environmental offences on their board of directors or supervisory board will be automatically excluded from bidding for public contracts. Exclusion rights extend to unintentional crimes, providing authorities with the discretion to exclude bids.
Tightening Regulations on Improper Waste Management:
Improper waste management, involving illegal storage, disposal, processing, collection, neutralisation, or transportation of waste posing risks to human life, health, or environmental quality, now carries penalties of up to 10 years imprisonment. Stringent inspections of permits and activities impacting the environment are anticipated in the coming months.
These regulatory changes mark a significant shift, placing heightened emphasis on environmental responsibility, and are poised to reshape how businesses operate in Poland, with a strong focus on sustainability and compliance.
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