We don’t have good news for farmers. Provoking much controversy, the so-called Unfortunately, the Smell Law was not lost. The new scheduled date for the implementation of this regulation is now January 1, 2023.
It will be remembered that the bill on minimum distancing for the planned project in the agricultural sector, the operation of which may be associated with risks of olfactory nuisances, once caused a stir – a wave of criticism of the provisions proposed by agricultural circles swept across the country.
Why? Because – in short – the so-called odor law (or distance) defines 500 m as the minimum distance at which a large livestock farm can be located, so that odors are not annoying for local residents.
According to the breeders, such regulations will in practice hinder new investments in the countryside.
Unfortunately, the regulations also apply to existing breeding facilities. And here is another problem, because many of them do not comply with the planned provisions of the law, and their modernization will simply be impossible. Farmers – in the light of the proposed law – will in practice have to give up animal production under such conditions.
The odor law is still being processed
The so-called smell odowej, was included in the List of Legislative and Program Works of the Council of Ministers on March 28, 2019. In the days that followed, it was the subject of inter-ministerial consultations, public consultations and of opinion. Subsequently, the project received a favorable opinion from the Joint Commission of the government and local authorities. Work on the project has been suspended due to the COVID-19 pandemic and the end of the Sejm’s 8th term. However, in 2021, work on the project resumed.
The regulations were sent back in interministerial consultation. The expected effective date of the law is June 1, 2022.
MP Joanna Mucha asked in the interpellation of the Minister of Climate and the Environment if the ministry maintains the plan for the entry into force of the so-called odor law of June 1, 2022, and asked for a list comments submitted by the Ministry of Agriculture and Rural Development and the Ministry of Development and Technology on the proposed arrangements.
– We are finalizing phase II of the inter-ministerial consultations on the bill on the minimum distance for the agricultural sector project whose operation may be associated with risks of odor nuisance. Currently, the effective date of the law is set for January 1, 2023. Nevertheless, I would like to inform you that the deadline for the introduction of the regulation will be checked after the completion of the arrangements with the Ministry of Agriculture and Rural Development, before the draft law is submitted to the examination of the standing committee of the Council of Ministers, in order to ensure an appropriate period of vacatio legis – wrote Deputy Minister of Climate and Environment Małgorzata Golińska in response.
What comments did the Ministry of Agriculture make?
– In response to the second question, regarding the comments made during the inter-ministerial consultations by the Ministry of Agriculture and Rural Development and the Ministry of Development and Technology, I would like to inform you that the comments did not strictly apply to the intended distance parameters contained in the legislation – added the Secretary of State.
As she noted, the Ministry of Development and Technology has submitted proposals for changes in the practical application of provisions in land use plans and building permits.
On the other hand, with regard to the comments made by the Ministry of Agriculture and Rural Development, the interviews relate to taking into account the requirements for farms and food producers, imposed by the strategy put in place by the European Union “Farm to Fork” and the “End of the Cage Age”. . editorial), with particular emphasis on the breeding and breeding of certain technological groups of animals. – The objective of the Ministry of Agriculture and Rural Development is to define the conditions for agricultural activity, including animal husbandry, in such a way as to simultaneously ensure the protection of the inhabitants of rural areas against odor emissions. – underlined in response to a parliamentary question.
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