Polish response to the CRMA – draft law on securing critical raw materials for the national economy

In September 2025, a draft law on ensuring the national economy’s access to raw materials, including critical raw materials (UC83) was published by the Government Legislation Centre. The draft is currently undergoing public consultation. Once adopted by the Council of Ministers, it will be submitted to Parliament for adoption.

Overview

The Act will serve to implement the EU Critical Raw Materials Act (CRMA).
The Minister of Climate and Environment will be designated as the competent authority for the CRMA and as the single point of contact for strategic projects.
The Council of Ministers will be required to adopt and update the National Raw Materials Policy.
Strategic projects will be considered as public purpose investments and will be subject to special rules for permit granting, including so-called comprehensive decisions.
Permits for strategic projects may be granted even in the event of a negative environmental impact assessment if the public interest served by the project outweighs the negative impact on the environment.

What’s the aim?

This proposed law is intended to contribute to the effective implementation of Regulation (EU) 2024/1252 of 11 April 2024 on critical raw materials (CRMA), which aims to ensure a secure and sustainable supply of critical raw materials in the European Union. It imposes new obligations on Member States, including in relation to strategic projects, setting-up single points of contact, risk monitoring, supporting the circular economy and establishing penalties.

Who’s in charge?

The draft stipulates that the Minister of Climate and Environment will become the primary national authority responsible for ensuring the implementation of the CRMA. The Minister’s tasks will include initiating and coordinating activities related to the implementation of the National Raw Materials Policy, developing proposals for new legal and economic solutions, and monitoring risks related to the supply of critical raw materials.

These responsibilities will be accomplished with the assistance of the Chief National Geologist of Poland.

National Raw Materials Policy

If adopted, the Act will require the Council of Ministers to adopt a National Raw Materials Policy (a strategic document in the field of raw materials) and to update it at least once every five years. The Policy should include a diagnosis of the current situation regarding the management of mineral deposits and raw materials, priority areas for state action in the field of geology and mineral resources, forecasts for a minimum of ten years, and a list of raw materials that are key to the national economy.

The draft Policy and updates thereto will be prepared by the Minister of Climate and Environment in consultation with the Minister responsible for energy resources (currently: the Minister of Energy).

Single point of contact

The Minister of Climate and Environment will also assume the role of a single point of contact, as defined by the CRMA. This role is intended to facilitate the handling of strategic projects, forward applications to the relevant authorities, check their completeness, and coordinate administrative procedures. In accordance with Article 9(4) of the CRMA, the single point of contact should be a one-stop shop for the project promoter, to help explain all of the administrative issues relevant to the permit granting procedure.

Comprehensive decisions

Project promoters will be able to use the single point of contact to apply for a comprehensive decision, meaning the decision or set of decisions taken by Member State authorities that determines whether a project promoter is authorised to implement a critical raw material project (Article 2(19) of the CRMA).

Administrative proceedings regarding strategic projects will be single instance. It will be possible to appeal against a comprehensive decision to an administrative court, which will examine the case within two months.

Strategic projects and public purpose

From the date on which the European Commission announces that a project concerning critical raw materials has been recognised as a strategic project, the actions necessary for its implementation shall be treated as public purposes within the meaning of Poland’s Act of 21 August 1997 on Real Estate Management.

Environmental impact assessment

An environmental impact assessment of strategic projects must follow specified timelines, with the possibility of extension. The single point of contact will coordinate the entire process, including submitting applications, determining the scope of EIA Reports, and requesting that such Reports be supplemented.

Importantly, comprehensive decisions in the permit-granting process for implementing a strategic project may also be issued following a negative environmental impact assessment, provided that the public interest served by the project outweighs its negative effects on the environment.

Monitoring the raw materials market

The Minister of Climate and Environment will be responsible for monitoring the raw materials market, whereas the minister responsible for economic affairs will establish a National Register of Enterprises in Strategic Value Chains. Additionally, a Raw Materials Analysis Centre will be created to assess the current and future demand of the national economy for raw materials, analyse the mineral raw materials economy, and evaluate exploration projects and mining investment projects. The Centre’s activities will be carried out by the Polish Geological Institute – National Research Institute in cooperation with institutions selected in a competition.

Administrative fines

The draft act also lays down a system of administrative fines for entities that fail to comply with obligations related to raw materials management, such as incorrectly assessing risks, violating labelling requirements, failing to provide environmental footprint declarations, or misleading customers. Fines will range from PLN 5,000 to PLN 500,000 and will be imposed by the Minister of Climate and Environment, the authority responsible for mining waste, or the President of the Office of Competition and Consumer Protection (UOKiK). Decisions on fines will need to be enforced within 14 days.

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