Safe Baltic. Polish Navy with new competences at sea

President Karol Nawrocki signed today, on Friday 9 January, the so-called Safe Baltic Act. The new regulations significantly regulate the use of naval forces and extend the catalogue of naval powers in the Baltic Sea and outside Polish territorial waters.

New framework for naval activities at sea by law

The signed act is formally named after the Act amending certain laws in order to improve the activities of the Armed Forces of the Republic of Poland in the event of a threat to the security of the state in Polish maritime areas and to ensure security at Baltic Sea. In practice, the document regulates the response of troops, Border Guards and Police in the marine and air environment.

Key emphasis has been placed on the monitoring of the Baltic situation and the protection of critical infrastructure, including energy installations and facilities of strategic importance to the state.

Infrastructure protection and use of weapons

The Act introduces unambiguous provisions allowing the use of arms by Navy units and military aviation in situations related to the defence of critical infrastructure, self-defense and the protection of other military aircraft and ships, as well as Border Guard and Police units.

In emergency situations, the decision to open fire may be taken by the commander of the ship or aircraft after obtaining the approval of the Operation Commander of the Types of Armed Forces. This solution is intended to reduce response times in conditions of rapidly developing threat.

Polish Navy outside territorial waters

An important change is the extension of the catalogue of conditions enabling the use of the Polish Armed Forces outside the country. In addition to the previous tasks, such as participation in peace missions or support for allies, there was the opportunity to conduct activities to strengthen the security of the Republic of Poland.

In practice, this means that ships of the Navy can carry out security monitoring tasks also in the waters of the Baltic without the need to launch any long-term decision-making procedure.

MON decision without the President's participation

One of the key solutions introduced by the Act is the ability to direct ships of the Navy to international waters on the basis of a decision of the Minister of National Defence, without involving the head of state. To date, similar actions have required the President's provision, which in practice has extended the decision-making process and made it difficult to respond quickly to threats at sea, which today are urgent, difficult to identify clearly and require immediate response.

During parliamentary work, this record was criticised by part of the opposition and representatives of the National Security Bureau. However, these arguments were primarily of a systemic nature. From a maritime safety point of view, response times are crucial. The Baltic is a reservoir of small, highly saturated critical infrastructure and intense movement of civilian and military units. Under such conditions, the ability to make an immediate decision on the ship's departure into the sea is not a privilege but a condition for effective operation.

New Navy and Border Guard competences

The Act grants Navy units powers similar to those currently held by the Border Guard. This includes the possibility to control foreign ships in situations justified by defence or State security, including during the movement of foreign vessels through Polish maritime areas.

At the same time, the competence of the Border Guard, such as the detention of ships or their direction to the designated port, was clearly linked to the task of protecting critical infrastructure at sea.

Entry into force

According to the provisions of the Act, new regulations will enter into force 14 days after publication in the Official Journal of the Laws. This means that the new rules for the operation of the Navy in one of the most vulnerable areas of State security remain in force quickly. Baltic Sea.