Development of Electromobility in Poland as a Way to Reduce the Negative Impact of Land Transport on the Climate
| 04 lut 2024
Data publikacji: 04 lut 2024
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DOI: https://doi.org/10.2478/wrlae-2023-0004
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© 2023 Małgorzata Kozłowska, published by Sciendo
This work is licensed under the Creative Commons Attribution 4.0 International License.
Administrative law is public law, which means that it is aimed at achieving public goals and other socially acceptable values. It regulates the functioning of the administration, which is supposed to work for the common good, the core value of administrative law
Zbigniew Cieślak points out that ‘administrative law is an ordered set of legal norms, the reason for which is the direct implementation by administrative entities of values distinguished for the common good’. Zbigniew Cieślak, ‘Istota i zakres prawa administracyjnego’ [“The essence and scope of administrative law”] in Zygmunt Niewiadomski (ed), Administration can be described as ‘”a system composed of people organized for the purpose of constant, systematic, future-oriented implementation of the common good as a public mission’, writes Irena Lipowicz in her article ‘Istota administracji’ [“The essence of administration”] in Zygmunt Niewiadomski (ed), Cieślak (n 1) 53.
Article 74 of the Constitution of the Republic of Poland of 2 April 1997
Journal of Laws1997, item 78. Bogusław Banaszak, Environmental protection should be implemented by the state, which shouldtake into account the principle of sustainable development. It should cover not only activities allowing the preservation of the environment in an unimpaired state, but also improving the state of the environment with the use of the latest achievements of science and technology. Monika Florczak-Wątor, “Artykuł 74” [“Article 74”] in Piotr Tuleja (ed),
An important component of the environmental protection system is climate protection,
In accordance with Article 3(39) of the Environmental Protection Act of 27 April 2001 (Journal of Laws 2022, item 2556), the term environment is understood as all natural elements, including those transformed as a result of human activity, and in particular the surface of the earth, minerals, water, air, landscape, climate, and other elements of biological diversity, as well as interactions between these elements. Paris Agreement to the United Nations Framework Convention on Climate Change, promulgated in New York on 9 May 1992, adopted in Paris on 12 December 2015 (Journal of Laws 2017, item 36). At the international level, there has been an increasing intensification of efforts to make regulations aimed at protecting the environment more specific and targeted. This issue is addressed primarily from the perspective of defining the respective obligations of states. Among the principles of international law, the protection of the environment is ascribed fundamental importance, which is a natural consequence of the fact that environmental threats do not have sources limited to a single country, and the possibilities of combating them depend on the cooperation of states. Zbigniew Bukowski, Janina Ciechanowicz-McLean, ‘Węzłowe problemy prawa ochrony klimatu’ [‘Key problems of climate protection law”] (2017) 37 Studia Prawnoustrojowe Uniwersytetu Warmińsko-Mazurskiego [Constitutional Law Studies at the University of Warmia and Mazury]7–24, 11. Marcin Stoczkiewicz, At the same time, the fact that climate protection is a multidisciplinary problem should not be lost sight of hence, in addition to administrative law, relevant legal regulations are found in civil, financial, or economic law.
The latest scientific reports show unprecedented changes in the world’s climate. According to article 2(2) of the United Nations Framework Convention on Climate Change, promulgated in New York on 9 May 1992, climate change means changes in the climate caused directly or indirectly by human activity that alter the composition of the Earth‘s atmosphere and that are distinguished from the natural variability of the climate observed over comparable periods of time
Journal of Laws 1996, item 238. The Earth’s global temperature has already risen by less than 1.1 (0.95–1.20)°C relative to the pre-industrial era. The 1.5°C threshold will be reached within the next 20 years. With current greenhouse gas emission policies and commitments, the Earth could warm by as much as around 2.6–2.7°C by 2100. With increasing global warming, as much as 48 per cent of various terrestrial ecosystems will be at high risk of extinction. With warming of 2°C or more, threats to human food security could lead to famine. Furthermore, the impacts and risks of climate change will become increasingly complex and difficult to manage. The World Bank predicts that climate change could force as many as 216 million people from the world’s six most vulnerable regions to migrate internally by 2050, Climate Strategies Poland, ‘Dlaczego redukcja emisji gazów cieplarnianych jest tak ważna?’ [‘Why is reducing greenhouse gas emissions so important?‘] < Ministerstwo Rolnictwa, Środowiska i Ochrony Klimatu, ‘Ochrona Klimatu’ [‘Climate Protection’] < Climate-related events over the last 40 years have caused more than €487 billion in financial losses in the EU. Moreover, between 1980 and 2020, over 138,000 people in the EU lost their lives due to extreme weather and climate-related events. The economic cost of river flooding in Europe exceeds €5 billion a year on average. Forest fires cause about €2 billion of economic damage every year, European Council according to the Council of the EU, ‘Climate change: what the EU is doing’ (7 February 2023) <
Transport affects the climate, and experts say the situation will steadily worsen. Ten years ago, transport accounted for around 10 per cent of all net anthropogenic warming, with carbon dioxide (CO2) topping the list, followed by tropospheric ozone (O3). It is now estimated that transport emissions will triple or quadruple global warming over the next 40 years. In 2050, transport is expected to generate 15 per cent of the total anthropogenic global warming, while at the beginning of the 22nd century, the contribution of transport to anthropogenic warming may reach 20 per cent
European Commission, ‘Climate feels the transport effect’ <
The transport system depends on oil and petroleum products. It is estimated that in the EU alone they meet 96 per cent of the energy needs of the transport sector. The negative environmental effects of the use of petroleum products in transport are primarily related to the emission of greenhouse gases. Land transport (cars, vans, trucks, and buses) generates more than 70 per cent of total greenhouse gas emissions from transport. Passenger cars are the main source of pollution, accounting for almost 61 per cent of these emissions
Pollution from cars sinks not only CO2, but also sulfur and nitrogen oxides, carcinogenic organic compounds, and particulate matter, which are a serious threat to our health. Their inhalation increases the risk of stroke, coronary heart disease, lung cancer, and respiratory diseases such as asthma, WWF, ‘Wyboista droga do zielonego transportu’ [‘Rocky Road to Green Transport’] <
While most other sectors of the economy, such as energy and industry, have reduced their emissions since 1990, emissions from transport have increased
European Environment Agency, ‘Transport’ (5 March 2020) < Tadeusz Dyr, ‘Europejska polityka transportowa na pierwszą połowę XXI wieku’ [‘European Transport Policy for the First Half of the 21st Century’]
In Poland, climate protection issues have found their rightful place in public discourse. Stopping climate change is now covered by a multi-level public policy
Public policy is a set of objectives, included in legislation and other acts, which public authorities (executive and legislative, central and territorial) set for implementation in particular spheres of public tasks. According to Hanna Gronkiewicz-Waltz, climate policy is the area of public policy where multi-level management is necessary, in particular taking into account the role of centralised and decentralised public administration. Hanna Gronkiwicz-Waltz, ‘Polityka klimatyczna jako przykład polityki publicznej’ [‘Climate Policy As an Example of Public Policy’], in Adam Bodnar and Adam Ploszka (eds), The areas of adaptation activities include legal regulations for environmental protection, information and education activities among all social groups, scientific research, as well as infrastructure investments increasing resistance to climate change and ensuring the safety and quality of life of citizens.
Poland is the third most motorized country in the EU (the indicator is 662 cars per thousand inhabitants). Only Italians and Luxembourgers have more cars per thousand inhabitants than Poles. In this context, the negative impact of road transport on the environment and human life and health is much greater than in other transport sectors. Since 1990, the EU has managed to reduce its total CO2 emissions by 23 per cent, mainly due to reductions in the countries of Central and Eastern Europe. At the same time, CO2 emissions from car transport increased by 20 per cent. In Poland, greenhouse gas emissions from transport account for around 15 per cent of total national emissions, of which road vehicles, in particular passenger vehicles and delivery vans, account for the largest share (98 per cent). This problem is well known to the supreme public administration bodies that have developed the The The intermediate goal—to be implemented from 2025—is to reduce the average level of CO2 emissions from the fleet of new passenger cars and light commercial vehicles by 15 per cent in relation to 2021. The main goal from 2030 is to reduce the average level of CO2 emissions from the fleet of new passenger cars by 37.5 per cent and of light commercial vehicles by 31 per cent in relation to 2021, Ministerstwo Aktywów Państwowych [Ministry of State Assets], Ministerstwo Aktywów Państwowych (n 24) 70–72. Act of 11 January 2018 on electromobility and alternative fuels, Journal of Laws 2022, item 1083, hereinafter the Act. Ministerstwo Aktywów Państwowych (n 24) 43–44. Pursuant to Article 109a(1) of the Excise Duty Act of 6 December 2008 (Journal of Laws 2022, item 143), a passenger car that is an electric vehicle and a hydrogen-powered vehicle are exempt from excise duty. The Corporate Income Tax Act of 15 February 1992 (Journal of Laws 2022, item 2587) introduced a depreciation limit of PLN 225,000 for electric cars and hydrogen-powered vehicles, which is PLN 75,000 higher than for internal combustion cars. Pursuant to Article 13(3)(1)(e) of the Act of 21 March 1985 on public roads (Journal of Laws 2022, item 1693), electric vehicles are exempt from paying parking fees for parking vehicles on public roads in the paid parking zone and the inner-city paid parking zone. A charging point with a capacity of 22 kW or less. Charging point with a capacity greater than 22 kW.
Electromobility is one of the key areas of activities managed by the administration and regulated by public law. In the case of Poland, the regulatory basis for these changes is implemented by the Act on electromobility and alternative fuels. The development of the e-mobility sector results not only from environmental and climatic conditions, but also from innovative solutions that change the competitiveness of industries and modify the world map of dependence on raw materials
Ministerstwo Klimatu i Środowiska [Ministry of Climate and Environment], ‘Elektromobilność’ [‘Electromobility’] <
The electric vehicle market in Poland is in the development phase. This is evidenced by the lack of charging infrastructure (and the trace demand for such a service in places where infrastructure has been established) and the low sales of the vehicles themselves, making it difficult to decarbonise transport – thus, its negative impact on climate.
The role of the state in the pursuit of climate protection is to create appropriate legal instruments to encourage the dynamic development of e-mobility. Through the introduction of legal regulations dedicated to electromobility, which will be implemented by central and local government public administration bodies, it is assumed that important directional goals will be achieved on a nationwide level. In the 2025 perspective, it is assumed that one million electric vehicles will be on Polish roads, while by 2030 there will be 3,000 electric buses in the public transport segment
Ministerstwo Aktywów Państwowych (n 24) 116–117.