Poland: Packaging and fee on single-use plastic products; waste management obligations

Measures intended to conform to EU regulations requiring EU Member States to reach 65% recycling rates for municipal waste by 2035

Measures intended to conform to EU regulations

Proposed legislation would make changes to the packaging and waste management obligations of companies.

The measures are intended to conform Poland’s rules to EU regulations requiring EU Member States to reach 65% recycling rates for municipal waste by 2035.

One draft—the “Product Fee Act”—would impose a new fee for single-use plastic products, such as beverage cups and food containers, including those used for fast food or other meals ready for immediate consumption.

  • The fee would be collected and remitted by retailers (such as grocery stores), wholesalers and food-service entities (owners of pubs or bars) offering single-use plastic containers or products packed in single-use plastic containers.
  • The rate of the fee would be set by way of a separate decree. The fee is to be included in the product price. It would be remitted by businesses operating commercial and food-service entities within 15 days of the month following the quarter for which it is due.
  • A ban would be introduced on marketing products made of oxo-degradable plastics that are not recyclable (such as cotton bud sticks, cutlery, plates, straws, stirrers etc.).

A second draft bill—the “Packaging Act”—provides for (1) separating packaging and packaging waste stream into household and other purposes (including commerce, services, and industry) and (2) a new packaging fee imposed on entities marketing packaged household products.

A third draft—the “Extended Producer Responsibility Act”—would provide  that producers take financial responsibility or financial and organizational responsibility for the step of the product's life cycle when it becomes waste. As part of this system, entities placing products on the Polish market, performing their duties independently or organizations performing duties on their behalf, would be required to satisfy certain requirements regarding waste collection.

Read a September 2021 report prepared by the KPMG member firm in Poland

 

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