Greenpeace Poland Foundation vs. PGE Polska Grupa Energetyczna S.A.

Date filed

5 December 2023

Keywords

Countries of harm

Poland

Current status

No resolution

Sector

Energy

NCP

NCP Poland

Relevant OECD Guidelines

Outcome

On 25 July 2024, the Polish NCP accepted the case for further consideration. According to the NCP, “In accordance with the findings adopted at the joint meeting of the parties on 25 July 2024, the text of the Initial Assessment has not been published.”

On 10 October 2024, the NCP published an Information Note on the complaint, which generally included the NCP’s actions, but did not include specific information about the case.

The parties engaged in dialogue between 13 November 2024 and 14 May 2025, but no agreement was reached. In its final statement published 30 September 2025, details of the draft agreement were shared by the NCP. Among other things, the company proposed that its strategy be amended in line with the OECD Guidelines, Universal Declaration of Human Rights, and just transition principles, as well as amendments to its internal policies to ensure that its communications could not be perceived as denying climate change. The complainants proposed additions to the company’s proposal, but ultimately no agreement was reached.

In its final statement, the Polish NCP made the following comments about the inability of the parties to reach an agreement:

5) … the OECD NCP understands the complexity of the operation of such a large company as the Company, which is responsible for ensuring the energy security of the state.

In the opinion of the OECD NCP, the changes expected by the Notifier in terms of the development and implementation of the climate transition strategy of the Company can only emerge as a result of a carefully planned and staggered process. They are also dependent on strategic decisions taken by the government administration in this regard.

6) According to the OECD NCP, it was possible to conclude a partial agreement on the case.

However, the Notifier expected a declaration from the Company regarding its willingness to introduce these changes before the end of 2025 and an explicit commitment of the Company to ensure in the climate transition strategy of the Company that the pace of GHG reductions is compliant with the Paris Agreement and climate science.

In the opinion of the Company, such a short deadline (by the end of 2025) for the implementation of the Climate Transition Strategy and the commitments expected by the Notifier were not feasible.

7) According to the OECD NCP, the issues raised by the Notifier are of major importance for the implementation of the OECD Guidelines by enterprises.

The NCP made several recommendations to the company, including:

a) the OECD NCP recommends that the Company should continue to analyse environmental risks and strive to reduce adverse environmental effects that may arise from the Company’s operations, while assuming a sustainable approach to ensuring the energy security of the state and meeting the targets of the Paris Agreement;

…

c) taking into consideration that the recommendations of the OECD Guidelines as set out in the Commentary to Chapter VI “Environment”, point 77 relate to the introduction and implementation of science-based climate change mitigation and adaptation policies, strategies and transformation plans, the OCED NCP recommends that the Company should review its strategies and strategic plans in terms of compliance with the aforementioned recommendation;

…

e) in accordance with the OECD Guidelines, the OECD NCP recommends that the Company should establish internal recommendations and procedures for all companies included in the Company Group to ensure that these companies comply with the sustainability commitments of the Company to the same extent as the Company; …

The NCP will follow-up on its recommendations at least 18 months after the publication of its final statement. According to the NCP, the longer timeframe for implementation of its recommendations was due to the size and complexity of the company’s operations and the need for implementation to be done in a staggered manner.