Poland

Status of the current legislative process

No draft implementation has been published yet. There are currently no further information available with regards to the timeline.  

In the pre-consultation process, all interested parties had a right to present a position to the President of Office of Competition and Consumer Protection by 6 December 2024. 

Link to the draft (if available) 

N/A

Does the implementation go beyond EmpCo requirements? 

N/A

Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?  

No

Will the national implementation be applied in a Business-To-Business (B2B) context? 

It will likely be applied in spirit. 

The blacklist can be applied in B2B relations by applying the Act on Combating Unfair Competition (B2B regulation) in conjunction with the Act on Combating Unfair Market Practices (B2C regulation).  

The Act on Combating Unfair Competition sets out a prohibition of acts of unfair competition that are defined as any practice that is contrary to the law or good market practices if it threatens or infringes economic interests of another business operator or a customer. Consequently, a B2C communication that violates the blacklist of the Act on Combating Unfair Market Practices may be considered an act of unfair competition. As a result, a competitor may bring an action inter alia for injunctive relief, even if the practice does not directly harm the competitor's interests but the defendant's customers. However, such actions are rare. It is more usual that a competitor claims that an illegal B2C practice creates the market advantage that threatens the competitor's interests. 

If the practice is used in B2B relations, the blacklist from the Act on Combating Unfair Market Practices can be applied in spirit – it can be used to identify a good market practice of not using particular practices also in B2B relations.  

Is there a green claims guide/guidance in your country? 

No

What are the sanctions and penalties?  

N/A

Does the national implementation answer the following questions:  

(1) whether sustainability labels can take the form of text; 
(2) whether generic environmental claims can be used or are they banned unless you have recognised excellent environmental performance; 
(3) whether GHG impact claims based on GHG offsets are banned only if offsets are the sole basis, or even if offsets and GHG reductions are combined.

N/A