The Regional Administrative Court has confirmed the legality of the anti-smog resolution for Małopolska Region

On 3 October 2017, the Regional Administrative Court issued a ruling on four complaints submitted for the resolution of the Malopolska Region Parliament regarding the introduction of restrictions and prohibitions in the area of the Malopolska Region regarding the operation of fuel combustion installations.

The complaints of two companies operating in the field of coal distribution were rejected due to the lack of the proof of the violation of their legal interest. The provisions of the resolution do not limit their economic freedom and do not prohibit the sale of heating appliances or solid fuels.

In the case of the complaints from two natural persons who use non-class solid fuel boilers for heating, the complaints have been considered and dismissed. The ruling confirmed that the anti-smog resolution for the Malopolska Region was legally adopted and meets the requirements of Article 96 of the Environmental Protection Law. The court emphasized that regional self-governments can adopt restrictions on the operation of installations and the use of fuels when poor air quality requires such actions. The resolution implements the constitutional right of citizens to live in a clean environment and to protect their health. The legislation in the Malopolska Region has also been recognized as complying with the EU regulations as they implement the European requirements for air quality improvement.

The anti-smog resolution for the Malopolska Region entered into force on 1 July 2017 and introduced a ban on the use of coal sludges and flotation concentrates and wood with a moisture content greater than 20%, and a ban on the use of new boilers and fireplaces that do not meet the EU ecodesign standards. Residents of the Malopolska Region have to replace existing boilers that do not meet the emission standards by the end of 2022 and by the end of 2026 in the case of the operation of boilers class 3 or 4.

Anti-smog resolutions were also adopted in the Silesia and Opole Regions, while work on the preparation of similar regulations is taking place in the following regions: Dolnośląskie, Mazowieckie, Łódzkie and Wielkopolska.

Information about the anti-smog resolution

Picture: Marcin Hałat, Wikipedia Commons