Human activities, and primarily those that involve burning greenhouse gases and cutting down forests, have a significant impact on the emergence and exacerbation of the alarming phenomenon of climate change. This is mainly due to global warming, shrinking of the ozone layer, reduction of biodiversity, or soil erosion
Magdalena Trzpil, ‘Zmiany klimatyczne we współczesnym świecie jako element bezpieczeństwa narodowego’[Climate change in the modern world as an element of national security] (2008) 8 Bezpieczeństwo Narodowe 207–208. Zbigniew Kudziewicz, Kataryzna Juda, ‘Zagrożenia związane ze zmianami klimatu’ [Treats from climite change] (2010) 4 Nauka 74.
The issues related to climate change have been the subject of scientific research on more than one occasion. The need to protect the climate and achieve climate neutrality, understood as a state of equilibrium between the amount of greenhouse gases emitted into the atmosphere and the ability of so-called natural sinks to neutralise them, is now strongly emphasised
Cf. Article 4(1) of the Paris Agreement to the United Nations Framework Convention on Climate Change, drawn up in New York on 9 May 1992, adopted in Paris on 12 December 2015 (Journal of Laws of 2017, item 36), adopted by 197 countries at the 2015 COP21 climate summit. Eurobarometer Survey: Europeans Consider Climate change to be the Most Serious Problem Facing the World <Europeans consider climate change as most serious problem (europa.eu)> accessed 2 May 2023. Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’), Official Journal of the European Union L 243/1.
As can be seen, among other things, based on recital 25 of the preamble to the aforementioned Regulation, EU member states have decided to set an intermediate target to be achieved by 2030. The idea is to reduce greenhouse gas emissions and increase removals to such an extent that net greenhouse gas emissions (i.e. emissions net of removals) are reduced across the economy and the country by at least 55 per cent by 2030 compared to 1990 levels, which requires diversified and multi-level measures.
Therefore, the purpose of this article is to examine what impact the EU‘s climate neutrality goals outlined above will have on the road transport sector, which is identified as one of the largest sources of environmentally harmful substances. The research questions posed by the author are to indicate how the implementation of the EU policy in the road transport sector in Poland should look like. Is decarbonisation of transportation a necessary action to achieve it? What are the risks of not implementing the EU rules in the field of climate neutrality?
With the requirement to achieve climate neutrality in mind, many EU countries have taken strong measures in this regard. For example, one could point to a ruling by the Federal Constitutional Court (FCC) in Germany, issued in March 2021, in which the Court ruled that achieving climate neutrality is a new constitutional obligation of public authorities
Olga Hałub-Kowalczyk, ‘Znaczenie neutralności klimatycznej w systemie ochrony praw jednostki Republiki Federalnej Niemiec’ [‘The Importance of Climate Neutrality in the System of Protection of Individual Rights in the Federal Republic of Germany] (2022) 3 Ruch Prawniczy, Ekonomiczny i Socjologiczny 22–23. Carbon Neutral Finland 2035: National Climate and Energy Strategy < < Fedra Vanhuyse, TommasoPiseddu, Julia Jukiaho, ‘Climate neutral cities in Sweden: True commitment or hollow statements?‘ (2023) 137 Cities <
Compared to other countries, Poland’s climate policy is not moving in such a decisive direction. There are claims in the public debate that Poland is pursuing climate neutrality in its own time. It should be noted that although the evolution of the economy and energy is in the Polish interest, it must take place in a way that is safe for citizens, the economy, and the state
Neutralność klimatyczna <Neutralność klimatyczna - Ministerstwo Rolnictwa i Rozwoju Wsi - Portal Gov.pl ( Janusz Starościak, ‘Polska węglem stoi a Europa gazem’ [‘Poland Is Still Coal and Europe Is Gas’] (2017) 12 InstalReporter 15. Michał Dziennik, ‘Dekarbonizacja systemów ciepłowniczych’ [Decarbonisation of District Heating Systems] (2021) 5–6 Nowa Energia 59.
In Poland‘s case, decarbonisation is a difficult process because it means moving away from coal, which for years was the primary energy resource. Despite this, most Poles approve of the process described. This means requiring the use of renewable energy sources, which, in light of Article 2(22) of the Act of 20 February 2015
The Act on Renewable Energy Sources of 20 February 1997 (Ustawa o odnawialnych źródeł energii, Dziennik Ustaw [Official Journal of Laws of the Republic of Poland] (hereinafter Dz. U.2022), item 1378).
In Poland, the degree of use of renewable energy sources is among the lowest in Europe. On the one hand, the analysis from 2017–2020 shows a steady increase from 14.6 per cent to 21.6 per cent. On the other hand, this result is almost twice as low as the EU average, while it is three times lower than in Finland and as much as four times lower than in countries such as Lithuania and Austria. Although the result of this research is not satisfactory in the case of Poland, the view of the future is rather optimistic due to the fact that only the Netherlands recorded a higher percentage increase in the share of renewable energy sources during the analysed period than Poland, where the coefficient was around 34 per cent
Główny Urząd Statystyczny,
The use of renewable energy sources is included in the framework of Poland‘s Energy Policy until 2040, in which the primary goal is to ensure energy security while ensuring the competitiveness of the economy, energy efficiency, and reducing the impact of the energy sector on the environment. It is based on three basic pillars, namely, a fair transition, zero-emissions energy system, and good air quality
Polityka energetyczna Polski do 2040 r. <Polityka Energetyczna Polski do 2040 r. (PEP2040) - Portal Interoperacyjności i Architektury - Portal Gov.pl ( Michał Kurtyka, ‘Wyzwania zielonej transformacji a cele polskiej polityki energetycznej’ in Alojzy Nowak, Michał Kurtyka, Grzegorz Tchorek (eds),
With this in mind, it should be recognised that the development of renewable energy sources faces many barriers in Poland, as highlighted by the Supreme Audit Office in its 2020 report. Although, in the Office‘s opinion, there has been an improvement in the effectiveness of measures, the actions of the state‘s supreme authorities, most notably the Minister Responsible for Climate and the Minister Responsible for Energy, have not been fully effective and have not eliminated the current difficulties, resulting in a failure to provide a system for periodic and consistent monitoring of the renewable electricity generation subsector. The report also highlighted legislative omissions related to the failure to issue three regulations on the activities of prosumers and energy cooperatives, despite the fact that more than 22 months have passed since the end of the audit and the introduction of mandate to issue them to the Act on Renewable Energy Sources and the Energy Law
Najwyższa Izba Kontroli, ‘Bariery rozwoju odnawialnych źródeł energii’, nr ewidencyjny 190/2020/P/20/016/KGP, KGP.430.014.2020 11 et seq <
In addition, the barriers to the development of the described energy sources have arisen as a result of the Act of 27 January 2022 on amendments to the Act on Renewable Energy Sources and Certain Other Acts
The Polish Act of 27 January 2022 Amending the Act on Renewable Energy Sources and the Act Amending the Act on Renewable Energy Sources and Certain Other Acts (Ustawa z dnia 27 stycznia 2022 r. o zmianie ustawy o odnawialnych źródłach energii oraz ustawy o zmianie ustawy o odnawialnych źródłach energii oraz niektórych innych ustaw Dz. U. 2022 item 467).
Next, it is worth noting that achieving climate neutrality goals requires multi-sectoral action. This includes not only the transformation of the energy and transportation sectors, but also the industrial sector and food, clothing or construction industries, as well as the production of plastics of the ecological system and waste management
The six-sector solution to the climate crisis. Extrapolated from Unep’s 2020 edition of the emissions GAP report <The six-sector solution to the climate crisis (unep.org)> accessed 4 May 2023.
Transportation plays a key role in the economy and therefore achieving climate neutrality cannot be achieved without changes being made in this sector. It is widely recognised that transportation is a significant and growing source of air pollution worldwide
Read more in Ken Gwilliam, Masami Kojima, and Todd Johnson, Climate Action Pathway: Transport: Executive Summary <ExecSumm_Transport_1.pdf(unfccc.int)> accessed 4 May 2023. Gwilliam, Kojima, Johnson (n 19) 183.
The assumptions presented apply to both public and private transportation. From 2035, all new cars offered on the market will not be allowed to emit CO2
EU ban on sale of new petrol and diesel cars from 2035 <EU ban on sale of new petrol and diesel cars from 2035 explained | News | European Parliament (europa.eu)> accessed 5 May 2023, Cf. Olga Fasiecka and Monika Marek, ‘Odnawialne źródła energii a rozwój elektromobilności’ [‚Renewable Energy Sources and the Development of Electromobility‘] (2018) 4 (44) Problemy Transportu i Logistyki 7–14; Runsen Zhang and Junyi Zhang, ‘Long ways pathways to deep decarbonization of the transport sector in the post-COVID World‘ (2021) 110 Transport Policy 28 et seq.
The decarbonisation process should also include public transportation, the improvement and promotion of which is a significant challenge. About 25 per cent of people in Poland use public transportation every day and about 20 per cent get around using it once or twice a week
Transport publiczny <Polacy lubią transport publiczny, ale kochają auta [BADANIE] - Transport Publiczny (transport-publiczny.pl)> accessed 6 May 2023. Tadeusz Wawak, Barbara Milenkiewicz, Katarzyna Halicka,‘Ocena jakości usług w transporcie zbiorowym na przykładzie Białostockiej Komunikacji Miejskiej’ [Assessment of Quality of Service in Public Transport on the Example of the Białystok Public Transport] (2011) 4 Economy and Management 82–84.
The requirements related to the decarbonisation of transportation are regulated by an act. According to Article 2(1) of the Act of 11 January 2018 on Electromobility and Alternative Fuels, a zero-emission bus means a bus or trolleybus ‘using electric energy for propulsion, including energy generated from hydrogen in the fuel cells installed therein, or only an engine the duty cycle of which does not lead to emissions of greenhouse gases or other substances covered by the system for managing emissions of greenhouse gases and other substances.’
The Polish Act on electromobility and alternative fuels of 11 January 2018 (Ustawa o elektromobilności i paliach alternatywnych, Dz. U. 2023 item 875)
Given the conditions outlined above, it should be pointed out that the process of complying with these requirements in Polish cities is very diversified. The number of electric buses in all cities is increasing steadily and currently stands at approximately 950. The largest number of buses, exceeding the EU requirements at this point, is recorded in cities such as Warsaw, Poznań, Jaworzno and Zielona Góra
Komunikacja: Ponad 700 elektrycznych autobudów w Polsce <Ponad 700 elektrycznych autobusów w Polsce - Transport Publiczny (transport-publiczny.pl)> accessed: 6 May 2023.
In turn, the impact of the energy crisis on the provision of public transportation services is well described by the example of Lublin, a city that already has 30 per cent electric buses among all buses in its municipal fleet and is a zero-emission leader in Poland. As a result of rising energy prices and their uncertainty, it was decided to reduce some services and replace trolleybuses with diesel vehicles, based on pure economic calculation
Droga energia <Droga energia: MPK Lublin wypuszcza autobusy zamiast trolejbusów - TransInfo> accessed 6 May 2023.
Leaving aside the problems that came with the economic crisis, it should be noted that the trend of purchasing zero-emission buses is growing rapidly in Europe, including the EU countries. Over the past five years, their sales have increased more than sixfold, from 400 in 2016 to 2,500 in 2021. In 2021, for example, all-electric power transmission systems accounted for 10 per cent of new bus sales, which was higher than the sale of zero-emission cars. Thus, it can be concluded that the pace of the shift away from traditional fuel in the case of public transportation is outpacing the passenger car market
Eamonn Mulholland, Felipe Rodríguez, ‘The rapid deployment of zero-emission buses in Europe’, September 2022 International Council On Clean Transportation<The rapid deployment of zero-emission buses in Europe (theicct.org)> accessed: 6 May 2023.
And finally, it should be pointed out that one of the means leading to climate-neutral transportation could be autonomous vehicles, which can be seen as a cooperative partner provided that the cooperation between the controller and automation system entails the common goal of reaching the destination safely as well as building and executing agreed plans
Gina Wessel, Eugen Altendorf, Constanze Schreck, Yigiterkut Canpolat, Frank Flemisch, Tomasz Neumann, ‘Perspektywy wykorzystania pojazdów autonomicznych w transporcie drogowym w Polsce’ [Prospects for the use of autonomous vehicles in transport road in Poland] (2018) 12 Autobusy 793.
Achieving ambitious reductions in greenhouse gas emissions poses a particular challenge to the transport sector, due to the technical limitations of replacing petroleum-based fuels
Ignacio de Blas, Margarita Mediavilla, Iñigo Capellán-Pérez, Carmen Duce, ‘The limits of transport decarbonization under the current growth paradigm’ (2020) 32 Energy Startegy Reviews 4.
The expectation of transport decarbonisation is part of the broader challenges facing EU member states in achieving climate neutrality, which in most cases means fundamental multi-sectoral changes. It is important to remember that appropriate regulations must be adopted, which applies to the hydrogen industry, for example. In addition, zero-carbon technologies should be constantly identified and further supported by relevant government bodies and programs. It is also important to allow for the active participation of other entities‘ consumers in energy transition activities, and to provide adequate funding. In the case of countries such as Poland, this amount is much higher than the EU average
Climate Neutral Cities How to make cities less energy and carbon intensive and more resilient to climatic challenges
The challenges outlined above must be supported by society, as the most important changes need to be made in the way people think about the energy transition and the changes that need to be made as a result.