“Poland should, following the example of the Czech Republic, refuse to implement the ETS2 system,” said Jacek Saryusz-Wolski, an adviser to the President of the Republic of Poland. The Head of the Chancellery of the President, Zbigniew Bogucki, added that there are “irrefutable legal grounds” for doing so.
On Tuesday, the Czech government led by Prime Minister Andrej Babiš adopted resolutions rejecting both the ETS2 emissions trading system and the EU migration pact. According to the head of the government, sworn in a day earlier, EU decisions concerning these regulations will not be implemented into Czech law. The prime minister instructed the ministers of the environment as well as industry and trade to seek support within the EU for abolishing the ETS2 system. The Babiš government also asked all Czech Members of the European Parliament to help secure allies on this issue.
Poland Must Follow the Czech Example
According to presidential adviser Jacek Saryusz-Wolski, the Czech government’s decision constitutes a “constitutional precedent,” consisting in a refusal to comply as a method of challenging a policy that is contrary to the EU treaties.
In his view, Poland should follow the Czech example and refuse to implement ETS2.
He argued that ETS2 violates the treaty-enshrined principle of Member States’ freedom to choose their own energy mix, and that the decisions establishing ETS were adopted in breach of the treaty-required rule of unanimity.
He emphasized that the freedom to choose energy sources by a Member State is guaranteed by the Treaty on the Functioning of the European Union, which also reserves unanimity for decisions of a fiscal nature.
Bogucki: We Must Refuse to Implement ETS2
Zbigniew Bogucki, Head of the President’s Chancellery, stated that ETS2 would “outrageously increase the prices of energy, fuels, and heating, shifting the costs of CO₂ emissions onto consumers.”
“This is an attack on Polish household budgets and on the Polish economy. We must categorically refuse to implement the ETS2 system, and there are irrefutable legal grounds for doing so,” Bogucki stressed.
ETS2 is a new emissions trading system intended to cover road transport and buildings. The EU initially planned for it to enter into force in 2027, but its implementation has been delayed by one year. Experts point out that introducing the system would impose significant financial burdens on households.