Sejm passes the act on single-use plastics and the product fee: BDO, fees and bans

The act of 14 April 2023 amending the act on the obligations of entrepreneurs in the management of certain waste and on the product fee implements in Poland Directive (EU) 2019/904 on single-use plastic products. It introduces bans on selected products, charges for bags and packaging, producer fees and extensive obligations in the Database on Products and Packaging and on Waste Management (BDO). For waste management this is one of the biggest changes in recent years.

What is changing

The most important elements of the act are:

• Bans: placing on the market certain single-use plastic products and products made of oxo-degradable plastics,
• Consumer charges: retailers and catering outlets must charge a fee for selected single-use packaging and bags, no higher than PLN 1 per item,
• Producer fees: annual fees to cover the costs of litter clean-up, collection and processing; the maximum rates are PLN 0.20/kg or PLN 0.03 per item, depending on the product,
• Fishing gear: a fee of PLN 5/kg and collection targets for waste fishing gear from 5% in 2024 to 30% in 2030,
• Recycled content in bottles: bottles of up to 3 l must contain at least 25% recycled PET from 2025 and 30% in 2030,
• BDO: registration in the register, records of sales, annual reports and retention of documents for five years,
• Penalties: from PLN 500 to PLN 500,000; supervision of the charges for bags and packaging is exercised by the Trade Inspectorate.

Revenue from the fishing gear fees goes to the National Fund for Environmental Protection and Water Management (NFOŚiGW).

Significance for the industry in Poland

For the biowaste and biogas sector the act is of indirect but real importance. Limiting single-use plastics and increasing recycling improve the quality of the waste streams from which biowaste arises. Less plastic in mixed and kitchen waste makes fermentation and composting easier and improves the quality of digestate. On the other hand, producers of packaging made from biodegradable and compostable materials are looking for solutions that can go into separately collected biowaste, and plant operators should know whether such packaging actually breaks down in their technology.

It is worth noting that the extended BDO obligations cover not only producers but also sellers and recovery organisations, which translates into better quality of waste data.

Practical consequences for businesses

Companies that place on the market packaging and products covered by the act must determine whether they are producers within the meaning of the rules, check the fee rates for their products and complete their data in the BDO. Shops and catering outlets should prepare a system for charging fees and keeping records. Many firms will use the help of recovery organisations, but responsibility for correct reporting remains with the business.

What next

Implementing regulations are needed for the act to work, including regulations on the fee rates. In parallel, work is under way on a deposit system, which is to cover bottles and cans. Businesses should verify whether their products are subject to the new bans and prepare their BDO registrations.