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Single Use Plastics Directive – implementation

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​by Dawid Zwijacz

12 June 2023


The Single Use Plastics Directive became effective on 24 May 2023. The Polish act amending the Act on Enterprises' Obligations to Manage Certain Wastes and on Product Fee (Journal of Laws item 877, hereinafter: the "amending act") has also entered into force.

The new obligations will be introduced in stages. Some regulations became effective as soon as 24 May 2023, while others – concerning fees and prohibitions – will not apply until 2024.

Sample obligations including their effective date


1. Certain single use plastics cannot be marketed (release from the domestic producer's warehouse or invoicing confirming arrival of the goods from the EU to Poland, or a customs document confirming arrival of goods from outside the EU) since 24 May this year. These are products listed in Annex no. 6 to the Act on Enterprises' Obligations to Manage Certain Wastes and on Product Fee, that is:  

  • cotton bud sticks, except those used for medical purposes;
  • plastic cutlery, plastic plates, straws (except medical ones);
  • stirrers;
  • balloon sticks;
  • Styrofoam containers and cups for food that is intended for immediate consumption;
  • all products made of oxo-degradable plastics.

Nevertheless, all single use products purchased before 24 May this year may still be sold and used to pack food until stocks run out. 

2. Marketing of products listed in Annexes no. 7–10 is subject to additional restrictions.  Marketing of certain single use products (such as beverage cups, lids and tops, food containers) is subject to a fee to be borne by end consumers. As regards products listed in Annex no. 8, they must be properly labelled. Additional obligations of marketers of products listed in Annexes no. 9 and 10 to the act include the annual fee towards the costs of collecting, transporting, cleaning up and processing wastes, and the financing of educational campaigns to raise ecological awareness of the population.
 
3. The registration with the waste database (known in Polish as BDO) became mandatory on 24 May for, among others, sales and food outlets which market certain single use plastic products. Such entities must register with the BDO via the head of the provincial-level local government (marszałek województwa) competent for their registered office. The registration form must be submitted electronically in the BDO system between 24 May 2023 and 24 August 2023.

4. Both marketers and providers of single use plastic products have to keep records of such products (records outside the BDO system from 24 May 2023) and file annual reports with the head of the provincial-level local government by 15 March (first reporting for 2023 will have to be done by 15 March 2024).
 
Do you want to know more about the new obligations? Do you need support in getting ready for the upcoming changes? You are welcome to contact our experts.

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Dawid Zwijacz

Attorney at law (Poland)

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