Environmental laws are coming too late. We are paying more and unnecessarily, says lawyer Kučera

Companies must adapt quickly to new environmental rules. However, legislation often comes too late, is complex, and its interpretation is unclear. "Laws change quickly, implementing regulations are often delayed, and companies are often left in the dark," says Milan Kučera, a partner at the Portos law firm. According to him, legal uncertainty makes investments more expensive, complicates planning, and can discourage investors.

What is the biggest challenge for companies today in adapting to new environmental rules?

The European Union is constantly updating its environmental regulations, creating new obligations for those affected, including businesses.

It is not uncommon for the implementation of requirements arising from EU legislation into national law to take place at the very end of the transposition period or with a delay. This complicates strategic planning for companies in particular. They have to balance between preparing for expected changes and the risk that the final wording of the legislation will differ from the original draft.

Such delays are a major problem, especially when follow-up implementing regulations need to be issued. These regulations set specific binding limits that have a direct impact on the activities of those subject to the legislation (for example, in the area of waste management or the setting of emission limits). However, implementing regulations are often late or unclear. In addition, the businesses concerned often do not have sufficient financial reserves to cover these costs and are dependent on obtaining grant funding. However, obtaining grants can be relatively complicated, especially for small and medium-sized enterprises, some of which may not even be eligible.

In my opinion, the biggest legal challenges currently facing businesses are the complexity and rapid changes in legislation, the high costs of adapting to new legislative requirements, and, last but not least, the associated administrative burden.

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