Poland's new act on packaging and packaging waste
by Harriet Simms at 08:11 in Circular Economy, Emerging, Environmental, Packaging

Earlier this year, the Council of Ministers published project number UC100 which officially launched Poland's Draft Act on Packaging Waste. The proposed legislation represents one of the most significant overhauls of Poland's Extended Producer Responsibility (EPR) framework to date. The adoption of the Act is planned for the third quarter of 2025, with a phased implementation due to begin in January 2026. The first full draft of the Act was published in August and is currently undergoing public consultation before advancing further along the legislative process. If adopted as planned, the new framework would fundamentally reshape how packaging producers in Poland finance, report, and manage their environmental responsibilities.

Why the Changes?

The new Act would ensure compliance with all EPR related requirements specified in EU Regulation 2025/40, also known as the Packaging and Packaging Waste Regulation (PPWR). To adapt to the specifications and targets set within the PPWR, the draft Act would establish regulations in the scope of:

• The recyclability of packaging.
• Minimum content of recycled materials in plastic packaging.
• Replace existing definitions of the producer.
• Requirements for substances in packaging, such as PFAS and heavy metals.
• Packaging format restrictions.
• Labelling of packaging.
• Reducing unnecessary packaging.
• Producer registration and reporting requirements.

Together, these measures aim to modernise Poland's packaging regulations, improve sustainability outcomes, and ensure alignment with EU-wide EPR standards.

Key Organisational changes

Aside from changes surrounding EU legislation, the proposal also presents several key organisational changes to Poland's existing EPR model which would introduce the following:

• Replacement of the existing PRO structure with a singular state-owned entity:

One of the most drastic changes is the structural shift of the PRO system. The draft sets out the path for Poland to adopt a singular-PRO model managed by a state legal entity. The National Fund for Environmental Protection and Water Management (NFOŚiGW) has been proposed as the new System Operator, scheduled to take over existing PRO operations. As the primary organisation for the administration of the new packaging fee, the NFOŚiGW will be responsible for collecting payments from producers and importers based on the amount and type of packaging they place on the market. These funds will then be redistributed to support key environmental objectives, including municipal waste collection systems, recycling infrastructure, and public awareness campaigns.

It is assumed that because of the introduction of this new model of the EPR system, PROs will cease their activities in their current form after the transitional period, i.e. in 2028.

• Abolishment the product fee:

The draft Act has also presented the intention of abolishing the product fee for packaging from 2028. This is in coordination with the introduction of the packaging fee also scheduled within the draft proposal.

• Establishment of a packaging fee:

The Packaging Fee would be a new incentive, aimed at reducing the amount of packaging waste placed on the market, whilst shifting costs onto producers. The fee will be calculated based on the weight and type of packaging and rates are also expected to be eco-modulated. Differently to the product fee, the packaging fee would be an upfront charge to producers rather than a penalty-based fee for failing to meet targets. The fee is drafted to begin in 2026, being introduced at 8% of the existing product fee, gradually increasing until full implementation in 2028.

• Creation of an EPR Council:

The establishment of an EPR Council under the Act has also been authorised which will allow the public to provide insight to influence decisions regarding the EPR system. It is intended to highlight factors that affect the level of the packaging fee, provide opinions on the proposal of fee rates and present data that should be considered when determining revenues from the product fee. Further information will be provided by the Ministry of Environment once the draft has passed.

Need Support?

With the anticipated implementation of this act's first phase fast approaching, producers should begin preparing for regulatory and structural changes. Early engagement will be key to ensuring compliance and avoiding potential disruptions when the act is implemented. If you are a producer or stakeholder looking to understand how Poland's upcoming Packaging Act changes will impact your operations, get in touch with us today to learn more about your obligations and how to stay compliant.

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