Poland as an example for the harmonization of European law — the environmental and planning law requirements for the licensing of intensive animal farms

Abstract

The Federal Republic of Germany is Poland’s largest trading partner. 35% of all Polish exports are destined for its western neighbour, while imports from Germany account for 24% of all imports to Poland and 39% of its imports from the EU¹. Its forthcoming membership of the EU, the size of its market and, especially, its well-trained workforce are among the reasons why Poland has become an increasingly attractive investment location for German commercial interests. To the latter belong agricultural enterprises engaged in intensive animal farming, and which find themselves seriously hampered in their efforts to expand further within Germany. Here, political and administrative opposition to the establishment of large-scale intensive animal farms is on the increase. Licensing procedures prescribed by immission control law for such prospective farms prove to be veritable obstacle races. It is little wonder, then, that more and more German producers of eggs, poultry or pork are inquiring whether and to what extent other European countries in close proximity to German Länder such as Brandenburg could offer more favourable investment conditions. This consideration is becoming all the more urgent for German agricultural enterprises in view of the fact that German producers still do not produce enough to satisfy the domestic demand for eggs or poultry, for example. As far as these foodstuffs are concerned, Germany remains the largest importer in Europe². Obviously, therefore, Poland is an attractive option, most particularly on account of the anticipated availability of highly motivated and well trained employees — and not because of any expectation of lower ecological standards or less stringent animal protection regulations. At the same time, however, it is clear that the legal framework which has to be respected by such enterprises in Poland will attract more attention as the interest in investment rises. In concrete terms, the investor will want to know what legal framework conditions to expect regarding environmental and planning law which apply to such intensive animal farms in Poland.