Reducing C02 emissions by 55% in the case of new cars and by 50% in the commercial vehicle segment – this is the ambitious target that the European Community has set for the Member States in the ‘Fit for 55’ package, which is well-known to the public. It is a set of legislative proposals designed to contribute to the “green transformation” of the European Union, to make the community as climate and environmentally neutral as possible. The idea of creating appropriate legal regulations that will force the countries of the community to take accelerated action to reduce the level of carbon dioxide emitted into the atmosphere is based on a consensus, accepted by around 99% of the research community, blaming human activity for the progressing climate change. Over the past decades, a progressively larger number of reports have made bold theses in this regard. Already the 1995 report of the IPCC – Intergovernmental Panel on Climate Change suggested a significant impact of human infrastructure on natural change . In 2007. IPCC found it very likely that the vast majority of global warming is caused by greenhouse gases. In the most recent 2021 report, this is now considered indisputable. [1].

The EU’s ‘Ready for 55’ package envisages multifaceted action to reduce greenhouse gas emissions into the atmosphere. The Community authorities have developed proposals that are intended to go beyond just individual sectors of the functioning of countries, but to address many areas of action and the exercise of public authority. A list of examples of the components of the Fit for 55 package are:

  1. A concerted reduction effort;
  2. Forest land use and forestry (LULUCF);
  3. Alternative fuels infrastructure;
  4. Border carbon tax;
  5. Social Climate Fund;
  6. REfuelEU Avitation and FuelEU Maritime;
  7. EU Emissions Trading Scheme;
  8. Energy taxation;
  9. Renewable energy;
  10. Energy efficiency;
  11. CO2 emission standards for cars and vans.

Border carbon tax – CBAM

The border carbon tax instrument is a mechanism to adjust border prices accordingly, taking CO2 emissions into account [2]. The main objective of the introduction of the tax is to prevent Member States from relocating CO2 production outside the Community border in good time or importing carbon-intensive products from across their borders. At the same time, the CBAM is intended to allow EU operators to compete on a level playing field with producers from third countries. Full implementation of the border carbon tax is expected to take place in 2026, although quarterly reporting of greenhouse gas emissions data for products covered by CBAM will already be enacted from October this year. The mechanism will cover importers in the metals, construction, energy and agricultural industries, among others [2].

Social Climate Fund

‘Fit for 55’ proposes the creation of a new financial support instrument, the Social Climate Fund. Member States will develop ‘social-climate plans’ on which the fund will be based. Its task will be to support households, micro-enterprises and transport users who are hardest hit by the introduction of the new emissions trading scheme. According to the European Commission, the fund aims to reduce fuel poverty and support access to electro-mobility. Figures quoted by EU authorities show that the estimated number of people in the EU affected by so-called ‘fuel poverty’ is around 34 million people. This term refers to a situation in which some individuals or groups have difficulty securing sufficient energy for the basic needs of life in their place of residence, while trying to maintain a reasonable price for that energy [3].

EU Emissions Trading Scheme

As the Council of the EU recognises, this is a key instrument in the implementation of the Fit for 55 package. The instrument is mainly intended to affect the most energy-intensive industries and the energy sector [3]. The revision of the law in this regard is mainly intended to enable:

– Adopt measures to reduce emissions from maritime transport through a regulatory regime;

– Applying faster methods to reduce the amount of emission allowances allocated, as well as phasing out free allowances for selected sectors of the economy;

– Introduce an offsetting and CO₂ reduction mechanism for international air transport, implemented through the CORSIA programme;

– Increase funding for the Modernisation Fund and the Innovation Fund to support environmental and emission reduction measures;

– Carry out changes to the Market Stability Reserve to improve the efficiency of the system and increase the number of funds that can be allocated to climate protection projects.

– Create an additional, independent emissions trading scheme that covers buildings, road transport and fuels in other sectors [2].

Reduction of CO2 emissions

The emissions trading envisaged by the EU for individual industrial and energy segments is a very intrusive measure that could not be applied to all sectors of the economy. Therefore, the Community authorities have decided to introduce general reduction targets for carbon dioxide emissions in the Member States. In the European legal system, these regulations are included in Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual reductions in greenhouse gas emissions. The provisions of this act apply to emissions from various sources, such as petrol or diesel used in road transport, heating and cooling of buildings, digestive processes in animals and fertilisers used in agriculture, waste treatment and small-scale industry. Together, these sectors account for about 60% of the EU’s   total carbon dioxide emissions,     according to statistics. Transport (with the exception of aviation and offshore shipping), construction and agriculture are the main sectors covered by the ESR, and responsibility for implementing policies in these areas is given to individual member states. However, Union countries are free to choose the appropriate measures to meet their obligations. The ESR introduces flexibility mechanisms, such as the possibility to carry over surpluses, to ‘borrow’ emission limits for the following year or to transfer these limits to each other to help countries in their efforts [4].

Similar regulations were already present in the European legal state, but in the Fit for 55 package the reduction requirements were increased from 29% to 40%.

Vans and passenger cars – emission standards

On 28 March 2023, the EU Council adopted a regulation that introduces stricter CO2 emission standards for new vehicles in order to reduce emissions in the road transport sector. At the same time, the regulations set are intended to encourage the automotive industry to develop sustainable and zero-emission solutions such as electromobility or hydrogen technologies. The regulations mandate a reduction in CO2 emissions in the road transport sector, with a 55% reduction in CO2 emissions for new cars and 50% by vans between 2030 and 2034 compared to 2021 levels. According to figures quoted by the EU Council, passenger vehicles and vans together generate as much as 15% of the total carbon dioxide emissions into the atmosphere in the Union [5].

Clean shipping fuels and sustainable aviation fuels

The EU’s ReFuelUE Aviation and FuelUE Maritime projects include measures that will ultimately affect the aviation and maritime transport sectors. Currently, both of these sectors primarily use carbon-intensive fossil fuels. Changes in this area are to be driven by the implementation of two EU regulations – the Level Playing Field Regulation for Sustainable Air Transport and the Regulation on Renewable and Low Carbon Fuels in the Maritime Sector. According to preliminary proposals, fuel suppliers for air vehicles will be obliged to gradually increase the availability of green substances in their offer. In addition, the phenomenon of so-called ‘refuelling’, whereby aircraft carry extra fuel to bypass the need for more expensive refuelling at destination stations, will be reduced. The legal standards for maritime transport envisage the introduction of an obligation for ships above 5,000 gross tons that call at EU ports to reduce their emissions intensity accordingly.

Alternative fuel infrastructure

The proposed Alternative Fuels Infrastructure Regulation (AFIR) aims to ensure that citizens and companies have easy access to an infrastructure network that allows vehicles and ships to be refuelled or recharged with alternative fuels. The project is also intended to provide alternative systems for fuelling ships in ports and aircraft while they are at berth, and to set infrastructure development goals such as interoperability and ease of use [6]. These provisions are important as they will accelerate the deployment of alternative fuel infrastructure, which in turn will allow the development of zero or low carbon vehicles and vessels and reduce the carbon footprint of the transport sector. In June 2022. The Council agreed a common position on the Commission’s proposed regulation, and in March 2023. Council and the European Parliament reached a preliminary agreement on the proposed legislation.

As Bartosz Piątek, legal adviser and counsel at PwC Legal, emphasises, ‘The most urgent need is to prepare regulations that can shorten the investment process for vehicle charging infrastructure in Poland so that the development of this infrastructure keeps pace with the development of electromobility and the solutions that may eventually find their way into the AFIR. The first solution could be to extend the connection priority referred to in Article 7(1a) of the Energy Law to all types of charging points, which is currently limited to high-powered charging points only, or to establish an accelerated dispute path in the event of a refusal to connect to the grid. Following the example of other ‘spec acts’ that are created for key types of infrastructure such as transmission   networks, it is also possible to introduce specific rules for the construction of electromobility infrastructure – for example, with regard to the timing of issuing connection conditions, planning decisions, or obtaining rights to land requiring the placement of energy infrastructure” [6].

Inter-ministerial team for the “Ready for 55%” legislative package

From the perspective of the issue at hand, especially for the national policy of the Republic, has the issued on 5 April 2022. Order No. 66 of the Prime Minister on the Inter-Ministerial Team for the “Ready for 55%” Legislative Package. [7]. As can be seen from paragraph 2 of the cited act, the main tasks of the Team are:

1) Developing an opinion on solutions ensuring the protection of the interests of the Republic of Poland within the framework of work on individual proposals forming the “Ready for 55%” legislative package and at the level of the entire package on the basis of the adopted positions of the Government on individual elements of the package;

2) Assessment of negotiating strategies, including an exchange of views on negotiating priorities within individual proposals as well as at the level of the entire ‘Ready for 55%’ legislative package;

3) recommending additional measures related to the protection of the interests of the Republic of Poland within the framework of works on individual proposals forming the legislative package “Ready for 55%”, in accordance with the adopted positions of the Government to individual elements of the package; 4) monitoring works on individual proposals forming the legislative package “Ready for 55%” in terms of their consistency with strategic documents defining the directions of economic and social development of the Republic of Poland and indicating the directions of transformation towards a low-emission economy, such as the Energy Policy of Poland until 2040. [7].

The team comprises, among others, the ministers responsible for climate, state assets, energy, public finance, transport, social security, inland waterways, maritime and water management, agriculture, environment and others. The obligation to convene a meeting of the team at least once every three months is placed on the chairman, who is the minister responsible for climate affairs. His task is to manage the meetings and the day-to-day work of the unit. Expenses related to the activities of the Team are covered by the state budget, while its members are not entitled to remuneration for their mere participation in the Team.

In order for the Interdepartmental Team for the “Ready for 55%” Legislative Package to properly perform its tasks, the Chairperson may establish working groups composed of members of the Team. In addition, the Chairperson may determine, if he/she receives the consent of the members of the Team expressed in the form of a resolution adopted by a simple majority of votes, the scope of tasks of the working group and its composition.

 The Chairperson, with the consent of the members of the Team expressed in the form of a resolution adopted by a simple majority, shall determine the terms of reference of the working group and its composition.

The provisions of the Ordinance also provide for a circular mode of the Team’s work, which may constitute an important support for maintaining the continuity of the work. Pursuant to paragraph 7 of the cited act, “Government administration bodies and organisational units subordinate to them or supervised by them, within the scope of their competences, cooperate with the Team and provide it with support in the performance of its tasks, in particular by presenting the necessary information and documents” [7].

The last meeting of the Inter-Ministerial Team for the ‘Ready for 55%’ Legislative Package took place on 2 February 2023. Adam Guibourgé-Czetwertyński, Deputy Minister of Climate and Environment, chaired the meeting. The meeting discussed the progress of the ministries’ activities to date under the ‘Fit for 55’ package and presented the results of the political agreement between the EU Council and the European Parliament, which was adopted despite Poland’s opposition to key elements of the package. In addition, the meeting also addressed the negotiations of the package’s transport, energy and finance-related projects, which will continue during the ongoing Swedish Presidency of the Council of the EU. Adam Guibourgé-Czetwertyński, Deputy Minister for Climate and Environment, stressed that the economic and social context of the entire package is crucial [8].

This article discusses only the residual assumptions of the Fit for 55 climate package, which was proposed by the European Commission in July 2021. The set of solutions aims for the European Union to achieve a reduction in greenhouse gas emissions of at least 55% by 2030 compared to 1990 levels, as well as to accelerate efforts towards climate neutrality by 2050. The package consists of a series of legal proposals on, among other things, emissions trading, the Renewable Energy Directive, the Alternative Fuels Infrastructure Regulation and tighter CO2 emission standards for new vehicles and buildings. Although some elements of the Fit for 55 seem to have aroused intense public controversy, such as the introduction of a so-called ‘carbon border’ to prevent the import of goods from countries with lower climate standards, or new CO2 emission standards for the transport and building sectors, it is worth pointing out that, according to climate scientists, global warming poses a real threat to many areas of human activity [9].


REFERENCES:

[1]https://www.ipcc.ch/report/ar6/wg2/downloads/outreach/Raport_IPCC_cz2_29_11_22_OST.pdf ; https://www.ipcc.ch/report/ar2/syr/ ; https://www.ipcc.ch/report/ar3/wg1/

[2] https://www.consilium.europa.eu/pl/policies/green-deal/fit-for-55-the-eu-plan-for-a-green-transition/

[3] https://www.consilium.europa.eu/pl/infographics/fit-for-55-social-climate-fund/

[4]https://www.europarl.europa.eu/RegData/etudes/ATAG/2022/729439/EPRS_ATA(2022)729439_EN.pdf

[5] https://data.consilium.europa.eu/doc/document/PE-66-2022-INIT/pl/pdf

[6] https://www.rp.pl/prawo-w-firmie/art38269131-czy-polskie-prawo-jest-gotowe-na-afir

[7]Order No. 66 of the Prime Minister on the Inter-Ministerial Team for the Legislative Package “Ready for 55%”

[8] https://www.kierunekchemia.pl/artykul,96135,posiedzenie-zespolu-ds-unijnego-pakietu-legislacyjnego-gotowi-na-55.html

[9]https://www.consilium.europa.eu/pl/policies/green-deal/fit-for-55-the-eu-plan-for-a-green-transition/

SOURCES:

– legal acts:

  1. Directive 2014/94/EU on the development of alternative fuel infrastructure
  2. Act of 11 January 2018 on electromobility and alternative fuels (Journal of Laws 2022, item 1083, as amended).
  3. Act of 25 August 2006 on the system of monitoring and controlling fuel quality (i.e. Journal of Laws 2022, item 1315, as amended).
  4. Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions;

– other:

1 IPCC. (2021). Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change. Cambridge University Press.

2 European Commission. (2021). Fit for 55: Delivering the EU’s 2030 Climate Target on the way to Climate Neutrality. Brussels.

3 European Parliament. (2021). The European Green Deal: EU Climate Law and the “Fit for 55” Package. Brussels.

4. “Fit for 55 package: what does it mean for Poland and Europe?” https://www.money.pl/gospodarka/pakiet-fit-for-55-co-oznacza-dla-polski-i-europy-6653508623523392a.html “

5. impact of the Fit for 55 package on the Polish energy sector” https://www.forum-energii.eu/pl/wiadomosci/analizy-i-ekspertyzy/wplyw-pakietu-fit-for-55-na-polski-sektor-energetyczny

6. “Fit for 55 package – new rules for road transport” https://www.moto.pl/MotoPL/7,88389,27627193,pakiet-fit-for-55-nowe-zasady-dla-transportu-drogowego.html ” 7. Fit for 55 – challenges for the Polish economy” https://biznes.newseria.pl/news/pakiet-fit-for-55-wyzwania-dla-polskiej-gospodarki,292997.html

The website is operated as part of the programme of the Polish Ministry of Education and Science – Social Responsibility of Science.

The project is carried out by Cardinal Stefan Wyszyński University in Warsaw.

Project name: Law of new technologies – drones, electromobility. Innovation, development, security.

The state-funded project was accepted for funding in the context of a competition launched by the Minister of Education and Science on 8 March 2021 as part of the “Social Responsibility of Science” programme.

Value of aid: PLN 235,087,00. Total cost of the project: PLN 265.087,00

The aim of the project is to promote scientific research in the field of the law of new technologies by disseminating knowledge of the legislation on unmanned aerial vehicles – drones – in particular their operation, design, the obligations of operators and pilots, the obligations of public actors in the field of electromobility and the support mechanisms for users.

Project manager: Dr. Maciej Szmigiero

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The law of new technologies – drones, electromobility. Innovation, development, safety.

Contact us: m.szmigiero@uksw.edu.pl

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