Poland

Extended Producer Responsibility (EPR) for Packaging in Poland

Since January 1, 2020, Poland has instituted an Extended Producer Responsibility (EPR) system in line with directives 94/62/EC for packaging. The primary objectives of this system are to standardize national practices in packaging and packaging waste management while concurrently curbing their environmental impact.

Responsibility in Poland

The Packaging Act, together with its accompanying regulations, holds various entities accountable for compliance, including:

• Producers
• Importers
• Distributors
• Online sellers

Definition of Packaging under the Packaging Act

The Packaging Act of Poland classifies the following materials as packaging:

• Paper and cardboard
• Steel
• Aluminum
• Glass
• Plastic
• Wood

Thresholds

There are no lower quantity thresholds to exempt anyone introducing packaged products from their obligations. Even sending a single parcel or a solitary product item obliges compliance.

Producer’s Responsibilities under EPR in Poland

Producers dealing with EPR products must undergo registration with the relevant authority to acquire a packaging registration number. This process entails: 1) EPR Registration in Poland

• Producers must register via e-portal Database of products and packaging and about waste management (BDO). BDO is implemented by the Institute of Environmental Protection-National Research Institute in cooperation with the Ministry of Climate and Environment.
• Producers have to obtain an EPR number managed by Polish authorities.

2) Fee Payments Producers are also required to levy eco-contributions corresponding to each material type. Fees range from 22 to 65 euros annually and must be remitted for the applicable year by the end of February. 3) EPR Reporting in Poland Producers must submit annual reports detailing their packaging quantities.

Authorized Proxy

Producers must designate an authorized proxy situated in Poland to fulfill packaging law obligations on their behalf.

Reporting Deadline

In Poland, the deadline for submitting quarterly reports is the 15th day of the month following the quarter.

Sanctions for Violation

In cases of non-compliance:

• Voivodship marshals, the local government authorities, may mandate packaging fee payments via administrative decisions. Failure to pay or incomplete payments can result in fines ranging from 1083 to 21666 euros.
• Failing to remit fees within 14 days following the final decision empowers the marshal to impose an additional packaging fee equal to 50% of the unpaid amount.

Who Must Register for BDO in Poland?

In Poland, registration with the BDO (Baza Danych o Odpadach) is required for entities involved in various stages of the product lifecycle that have implications for waste management. The following points detail who is required to register:

Producers:

Companies that manufacture goods within Poland that result in waste.

Importers:

Companies that import goods into Poland, such as bathroom and kitchen accessories. Importers are responsible for the waste management of the products they bring into the country.

Distributors and Sellers:

Companies that distribute or sell products within Poland, especially if they are involved in handling products that require special waste management protocols.

Entities Handling Hazardous Waste:

Companies that produce, collect, transport, or dispose of hazardous waste, including electronic waste, batteries, and other regulated materials.

Packaging Producers and Users:

Companies that produce packaging materials or use packaging for their products must register to manage packaging waste.

Companies in Specific Sectors:

Entities in sectors such as construction, automotive, and electronics, where specific waste regulations apply.

Conditions for Exemption:

Supplier’s EPR Registration:

If a supplier or manufacturer is already registered for EPR in Poland and provides their EPR number, their distributors or importers may be exempt from registering separately. The supplier’s registration and reporting can fulfill the regulatory requirements.