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Single-Use Plastics Directive – another round of changes on 1 July 2024

by Kinga Raźniak

4 April 2024

Poland’s implementation of the Single-Use Plastics Directive brings about numerous changes for businesses. Some of them will arrive on 1 July 2024. What can you expect?

What is the Single-Use Plastics Directive?

The Single-Use Plastics Directive is the EU’s piece of legislation that aims to reduce the impact of certain plastic products on the environment [1]. Most of the Directive’s tenets have been transposed into Polish legislation since 2021 by virtue of the Act amending the Act on Enterprises' Obligations to Manage Certain Wastes and on Product Fee and certain other acts [3]. However, some regulations will not come into force until 1 July 2024.

What lies ahead for businesses?

The above-mentioned statute introduces a number of changes to protect the natural environment and reduce the volume of single-use plastic products.

1 July 2024 will see revised regulations concerning:

availability of alternative packaging;
marketing of single-use beverage containers.

Who is covered by the regulations concerning the availability of alternative packaging?

Enterprises running retail outlets, wholesale units or food outlets which offer:

single-use plastic packaging products listed in annex 6 to the act;
food or beverages packed by that enterprise into those products.

What is the new obligation about?

Ensuring:

availability of alternative packaging for single-use plastic packaging products listed in annex 6 to the act, made of non-plastic materials, including non-plastic biodegradable materials;
or availability of reusable packaging.

Use of which products should be reduced?

Annex 6 lists single-use plastic products whose consumption should be reduced:

beverage cups, including lids and tops;
food containers:

including containers such as boxes, with or without a lid, used for food which is:

a. intended for immediate consumption, on site or take-away;

b. usually consumed immediately from the container; and

c. ready to eat without further processing, such as preparation, cooking or heating;

including containers for fast food or other ready-to-eat meals, excluding containers for beverage, plates, packages and wrapping containing food.

Sanctions for non-compliance

An enterprise that fails to offer the above-mentioned alternative packaging is subject to a fine that may range from 500 zloty to 20,000 zloty.

The fine is imposed by the provincial head of Trade Inspection.

The amount of fine takes account of the gravity of the violation, type, scope and period of violation and the enterprise’s track record.

Who is covered by the obligations concerning the marketing of single-use beverage containers?

The marketers of single-use plastic beverage containers with a capacity up to three litres.

What is the new obligation about?

Ensuring that plastic caps and lids are attached to the containers throughout the intended beverage consumption period.

Sanctions for non-compliance

An enterprise that fails to comply with the above obligation is subject to a fine that may range from 10,000 zloty to 500,000 zloty.

The fine is imposed by the provincial environmental protection inspector.

If you have any additional questions or need support in environmental obligations – contact us.

Legislation:

1. Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment

2. Act of 11 May 2001 on Enterprises' Obligations to Manage Certain Wastes and on Product Fee

3. Act of 14 April 2023 amending the Act on Enterprises' Obligations to Manage Certain Wastes and on Product Fee and certain other acts

4. Act of 13 July 2023 on amending the Packaging and Packaging Waste Management Act and certain other acts.

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Joanna Lech

Attorney at law (Poland), Attorney at law (Poland)

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