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:
- Online sellers
Definition of Packaging under the Packaging Act
The Packaging Act of Poland classifies the following materials as packaging:
- Paper and cardboard
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.
Producers must designate an authorized proxy situated in Poland to fulfill packaging law obligations on their behalf.
In Poland, the deadline for submitting yearly reports is March 15th, covering the previous calendar year.
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.