The year 2025 brought us the EU Regulation on Packaging and Packaging Waste (PPWR). These regulations introduce fundamental changes in the approach to the design, use and management of packaging – with a direct impact on the operations of companies in almost every industry.
For the purpose of adapting Polish law to the PPWR, the Ministry of Climate and Environment proposes to adopt a draft of the (new) Act on Packaging and Packaging Waste, which will replace the Act of 13 June 2013 on the Management of Packaging and Packaging Waste.
The assumptions for the amendment have just been published on the website of the Government Legislation Centre.
In order to adapt to the requirements of the PPWR, it is recommended to create a new model of the EPR system for packaging in Poland and to establish the regulations necessary to implement the regulation.
Some of the provisions of the current act will be transferred to a new legal act.
It is proposed that the new EPR system model for packaging should be based in particular on the following assumptions:
- Introduction of the definition from the PPWR, including the replacement of the existing definitions of the person placing products in packaging and the person introducing packaging – with a new definition of the manufacturer.
- Introducing, within the framework of the producer’s financial liability, a packaging levy for each kilogram of packaging, including packaging of a product in a package that is made available for the first time in the territory of a Member State or unpacks without being the final user.
- Appointment of voivodeship marshals as bodies responsible for controlling the correctness of calculation and payment of the packaging fee and redistribution of revenues from this fee.
- Entrusting the National Fund for Environmental Protection and Water Management with the tasks of a producer responsibility organization (hereinafter referred to as “PRO”), which on behalf of producers will perform the obligations resulting from the EPR, within a closed financial circuit.
- Entrusting the minister competent for climate with the supervision of the EPR system.
- Abolition of the obligation for manufacturers paying the packaging fee (currently placing packaged products) to achieve certain recycling levels from 2028. Therefore, after the end of the transitional period, i.e. from 1 January 2028, documents proving recycling (DPR) and documents proving the export of packaging waste or the intra-Community supply of packaging waste for recycling (EDPR), respectively, will be replaced by new reporting instruments.
- Abolition of the product fee for packaging from 2028.
- Adaptation of the BDO base to the requirements of the EPR.
- Introduction of a 2-year transition period, followed by full implementation of the EPR system for packaging.
- It is assumed that as a result of the introduction of the new EPR system model, packaging recovery organizations (joint-stock companies) will cease their activities in their current form after the transition period, i.e. in 2028.
- It is assumed that, as before, producers (currently introducing packaged products), after obtaining the appropriate permit issued by the minister in charge of climate, will be able to independently fulfil the obligations resulting from the EPR.
- It is assumed that the functioning municipal waste management system and the obligations of municipalities in this respect will be maintained (m.in. responsibility for the organization of the municipal waste management system, organization of contracts for waste collection and management, cooperation with waste management companies).
- It is planned to introduce incentives for the application of the waste hierarchy by promoting the creation and effective operation of reuse and refilling systems for packaging that are not covered by the deposit system and supporting the development of the reusable packaging sector by introducing a tax incentive (packaging relief).
The planned date of adoption of the bill by the Council of Ministers is the third quarter of 2025. We encourage you to read our article on PPWR: https://www.ulve.pl/en/ppwr-regulation-what-does-the-new-eu-packaging-reform-mean-for-entrepreneurs/
