The European Commission decided on Wednesday 27 November to refer Poland to the EU Court of Justice for non-compliance with the Energy Taxation Directive.
The issue is Polish legislation allowing energy-intensive companies, which are part of the EU Emissions Trading Scheme (EU ETS), to be exempt from excise duty on the energy products they use, such as coal and gas.
The Commission considers that the Polish rules are contrary to EU law, which requires that companies benefiting from such exemptions, if they have introduced improvements relating to environmental protection or energy efficiency, go beyond what is required by binding EU instruments such as the EU ETS. However, Polish legislation does not require such a level of energy efficiency.
According to the institution, Polish legislation favours highly polluting activities and thus runs counter to the EU’s climate objectives, while creating serious distortions of competition. (Original version in French by Marion Fontana)