On 13 August 2025, a draft law on packaging and packaging waste was published in the Government Legislation Centre, which introduces the Extended Producer Responsibility (EPR – Pol. ROP) system, which has been long-awaited by local governments, the waste industry and producers.
The new regulations are intended to adapt Polish law to EU regulations – in particular the Packaging and Packaging Waste Regulation (PPWR) and the SUP Directive – and in practice revolutionize the way the packaging waste management system is financed in Poland.
What do you need to know as an entrepreneur?
1. New definition of manufacturer – no more distinguishing between ‘introducers’
The new act replaces the existing concepts of “introducing products in packaging” and “introducing packaging” with a uniform definition of a manufacturer. The manufacturer will be any entity that:
- manufactures, imports or distributes packaging or packaged products;
- makes them available in Polish, regardless of the form of sale (also online).
The new definition will therefore cover a wider range of entities than before, including online stores, importers or distributors of private labels.
2. Packaging levy – the main mechanism for financing the system
From 2026, entrepreneurs will be obliged to pay a packaging fee for each kilogram of packaging placed on the market.
The amount of the fee will vary depending on the type of material, taking into account the principles of eco-modulation – i.e. rewarding more environmentally friendly solutions.
This means that:
- lower rates will cover reusable and easy-to-recycle packaging,
- higher – packaging made of materials that are difficult to process (e.g. multi-layer plastics).
The fee will be paid quarterly by producers, and its proceeds will go to the National Fund for Environmental Protection and Water Management (NFOŚiGW), which will take over the current functions of the recovery organization.
3. No more many PROs – NFEP&GW as the central system operator
Until now, manufacturers could use the services of various packaging recovery organizations (PROs), which competed with each other in terms of prices and offer. The new model provides for a departure from this system – the role of the PRO will be taken over by the National Fund for Environmental Protection and Water Management, which will become the central entity managing the funds from the fees.
The Fund will be responsible, m.in, for:
- collecting and distributing financial resources,
- supporting municipalities in maintaining packaging waste collection systems, paying compensation for each tonne of waste recycled.
Thus, manufacturers will no longer settle accounts with private PROs, and the entire system will be standardized and subject to public supervision.
4. Independent performance of ROP duties – only with the permission of the Minister
Entrepreneurs who would like to carry out their obligations on their own (e.g. through their own packaging waste collection and recycling system) will be able to do so, but only after obtaining a permit from the minister responsible for climate matters. This permit will require demonstrating that the entity:
- has appropriate technical and financial facilities,
- ensures that recycling and reuse targets are met.
This solution is to ensure that only reliable and prepared entrepreneurs will be able to operate outside the state system.
5. Financing and redistribution of funds – support for municipalities
The funds from the packaging fee will go to the National Fund for Environmental Protection and Water Management and then redistributed to municipalities that:
- maintain a waste collection system,
- bear the costs of their separate collection and recycling.
The marshals of the voivodeships will supervise the correctness of the calculation and transfer of fees, while the IOŚ-NRI will deal with analyses and studies of the effectiveness of the system.
According to government estimates, the fee will cover about 140 thousand entities, and the revenues to the budget from the packaging fee are expected to amount to up to PLN 40 billion over 10 years.
6. Implementation deadlines and transition period
The new ROP system will be introduced in stages:
- from 1 January 2026 – entry into force of the main regulations,
- 2026-2027 – transitional period and gradual increase in rates,
- from 1 January 2028 – full implementation of the system and elimination of the existing product fee.
From that point on, manufacturers who pay the packaging fee will no longer be required to achieve certain recycling levels or obtain DPR/EDPR documents themselves.
7. Administrative penalties – severe sanctions for non-compliance
The draft provides for severe administrative penalties for producers who fail to comply with their reporting or financial obligations. In particular:
- for the lack of a quarterly ROP report or underestimation of data – a penalty of up to 150% of the sanction rate of the packaging fee,
- for the lack of the required permit – the possibility of revoking the authorization to conduct business in the field of ROP,
- for systemic violations – penalties of up to several hundred thousand zlotys, depending on the scale of the activity and the degree of harmfulness.
