Poland to Exit EU Emissions Trading System? PiS Announces Plan

The Polish Law and Justice (PiS) party is moving forward with plans to withdraw from the European Union’s Emissions Trading System (ETS), a move announced by party officials including Jacek Sasin on Saturday, March 14, 2026. The proposed legislation, according to Sasin, aims to revoke the laws implementing ETS within Poland, signaling a significant shift in the country’s energy policy and its relationship with broader EU climate goals.

PiS Aims to Prioritize Coal and Nuclear Energy

Sasin outlined a vision for Poland’s energy future centered around coal, nuclear power, and a supplementary role for renewable energy sources (OZE). He stated explicitly, “First coal, second atom and as a third pillar, complementary – OZE. There is no room for Poland as a country to invest in OZE.” This stance represents a departure from current EU policies promoting renewable energy and a commitment to maintaining Poland’s reliance on traditional fossil fuels. The announcement builds on earlier statements made by Przemysław Czarnek, PiS’s candidate for prime minister, who previously called for Poland to exit the ETS system.

What is the ETS and Why is PiS Opposed?

The ETS is a cornerstone of the EU’s efforts to reduce greenhouse gas emissions. It operates on a “cap and trade” principle, setting a limit on the total amount of greenhouse gases that can be emitted by installations covered by the system – primarily power plants and industrial facilities. Companies receive or buy emission allowances, which they can trade with one another as a form of carbon pricing. According to RMF24, Sasin argues that the ETS “oppresses” Polish energy and industry, particularly energy-intensive sectors. He also warned that the upcoming ETS 2, which will expand the system to include transport and construction from 2028, would be detrimental to the Polish population.

Legal Justification and Potential Challenges

Sasin cited a ruling from the Polish Constitutional Tribunal from June of last year, which he claims found the ETS adoption procedure to be inconsistent with the Polish constitution, European regulations, and European treaties. He stated that, despite the ruling not being published, it is legally binding in Poland. The PiS party intends to submit legislation to repeal the 2015 law that introduced ETS into Polish law, effectively removing the legal basis for participation in the system. Though, the validity and enforceability of this un-published ruling remain a key point of contention.

Government Response and EU Implications

The current Minister of Climate and Environment, Paulina Hennig-Kloska, has warned that exiting the ETS would effectively mean Poland leaving the European Union. This underscores the significant implications of PiS’s proposal, potentially jeopardizing Poland’s membership in the EU and access to EU funding. The move also raises questions about Poland’s commitment to international climate agreements and its role in achieving global emissions reduction targets.

Confirmed vs. Unclear Details

Confirmed: PiS intends to submit legislation to withdraw from the ETS. Jacek Sasin and Przemysław Czarnek have publicly stated their opposition to the ETS. A ruling from the Polish Constitutional Tribunal exists, though its details and publication status are unclear. Unclear: The exact timeline for the proposed legislation is not yet known. The specific legal arguments supporting the claim that the ETS adoption procedure was unconstitutional have not been fully detailed. The potential economic consequences of exiting the ETS have not been comprehensively assessed. The reaction from the European Commission to PiS’s proposal remains to be seen.

What Happens Next?

The next step will be the formal submission of the legislative proposal by PiS. The bill will then be subject to debate and voting in the Polish Parliament. If passed, it would likely trigger a legal challenge from the European Commission, potentially leading to a protracted dispute. As Business Insider Polska reports, the move represents a significant gamble by PiS, potentially reshaping Poland’s energy landscape and its relationship with the EU. The outcome will depend on the political dynamics within Poland and the response from Brussels.