Highlights 

• The draft bill introduces the possibility of effectively challenging air quality management plans, their updates as well as short-term action plans. 
• This applies to residents of the area in question, businesses and other entities operating there for at least 2 years, as well as civil society organisations involved in air quality or public health protection for at least 24 months. 
• At present, complainants often must prove in court that the actions or omissions of the authorities relate to their specific legal situation – the draft bill removes this barrier.  
• The amendment to the Act also responds to the requests of marshal’s offices, which highlight the need to focus on implementing existing air quality programmes, without the need to draw up new documents. 
• The draft introduces transitional provisions enabling voivodship authorities to adopt simplified updates to air quality programmes. This solution will allow the corrective measures already underway to continue and – where necessary – to be strengthened. 

Air quality programmes and short-term action plans are drawn up when air quality standards are found to have been exceeded in a given region. The quality of these programmes – as well as their absence – has a direct impact on the health and lives of residents. The amendment provides local communities with practical tools to challenge both resolutions passed by the voivodship council and the failure to adopt them, thereby enhancing the transparency and accountability of regional authorities.  

Until now, the courts have often dismissed complaints because the complainants had to demonstrate that the actions or omissions of the authorities related to their specific legal situation. The project aims to remove this barrier and strengthen public oversight of the authorities’ actions in the area of air quality. 

Additional requirements have also been introduced for companies and organisations to prevent abuse involving the setting up of entities solely for the purpose of lodging complaints. These changes bring Polish legislation into line with European Union standards and strengthen the environmental protection system. 

The draft also provides for transitional provisions which enable voivodship authorities to adopt simplified updates to air quality management plans. This solution will allow the corrective measures already underway to continue and, where necessary, to be strengthened.