Poland’s Ministry of Climate and Environment unveils draft amendments allowing challenges to State Forest management plans, sparking controversy.
Ministry’s Proposal
The Ministry of Climate and Environment presented a revised draft amendment to the Forest Act and other legislation (UD61), aiming to address deficiencies identified by the Court of Justice of the European Union (CJEU). The CJEU raised concerns about the preparation and approval process for Forest Management Plans (PULs), which are central documents guiding State Forests’ operations. PULs outline planned forest management activities over a ten-year period.
State Forests Director General Adam Wasiak previously described PULs as the “most stable” and “sacred” documents for foresters. The draft introduces additional consultations and reviews, primarily with environmental authorities, to enhance transparency. The ministry also seeks to regulate forestry operations without an approved PUL, a situation occurring regularly.
Legal Controversy
The CJEU ruled that previous laws did not grant environmental organizations effective legal recourse to challenge PULs substantively and procedurally. While compliance with the CJEU ruling is not contested, the draft faces significant opposition from environmental groups and the timber industry.
Environmental organizations argue the draft creates a “fiction of justice,” denying them party status in administrative proceedings. They warn it could override judicial rulings, enabling actions like Białowieża Forest logging even if a PUL is administratively suspended. The ministry asserts the draft implements the CJEU ruling, allowing specific bodies to appeal ministerial decisions administratively.
Industry Concerns
The Polish Chamber of Woodworking Industry (PIGPD) criticized the draft for ignoring its feedback, citing bureaucratic burdens and disproportionate rights for environmental groups. It warns the proposal could destabilize raw material supplies and labels it a “recipe for paralysis.”
PIGPD disputes the ministry’s estimate that potential court cases would be minimal, noting existing court backlogs and lengthy case durations. The chamber emphasizes unequal treatment between environmental organizations and timber-dependent businesses like sawmills.
Public Participation Debate
Bartosz Kwiatkowski of Frank Bold Foundation stresses the ministry rejected demands for stronger public participation and legalization of forestry without PULs. He argues environmental groups need party status to raise substantive, not just formal, objections in courts.
Kwiatkowski also notes the draft expanded scenarios allowing forestry without an approved PUL and introduced a mechanism for silent consent from Regional Environmental Protection Directors if they fail to approve within 60 days, potentially undermining substantive review.
Timeline and Process
The draft underwent consultations in August 2024, June 2025, and multiple versions emerged in late 2025. The latest version, released on January 14, 2026, is now before the Council of Ministers’ Permanent Committee. The public consultation report spans 363 pages.
State Forests stated they prioritize an effective planning process compliant with the CJEU ruling but have not commented on the draft specifics.
Future Outlook
Kwiatkowski criticized the government’s delay, noting nearly three years have passed since the CJEU ruling. He expects continued advocacy during parliamentary proceedings. The ministry maintains the draft sufficiently addresses the CJEU requirements.
