The Act of 13 June 2013 on Packaging and Packaging Waste Management (Journal of Laws of 2024, item 927, consolidated text of 24 June 2024, hereinafter referred to as the “UOO”) governs a range of matters including, inter alia, the placing on the market of products in packaging as well as the management of used packaging and packaging waste.
Scope of the Act and Definitions
The UOO specifies, inter alia, the principles for:
- preventing the generation of packaging waste,
- reducing the quantity and the adverse environmental impact of packaging waste,
- establishing systems for the collection and processing of packaging waste,
- determining the product fee and the method of its settlement,
- the reporting obligations of entrepreneurs.
Specific Obligations for Entities Placing Hazardous Substances in Packaging on the Market
The UOO sets forth specific obligations for entities placing hazardous substances in packaging on the market.
As a general rule, an entity that places products in packaging on the market is required to ensure an appropriate level of recycling for packaging waste of the same type as the packaging waste arising from the same type of packaging in which the products were introduced to the market. However, if those products are hazardous substances (as defined in Article 8(14) of the UOO), the entity is then obliged to ensure the recycling of packaging waste generated from such hazardous substances.
The minimum annual recycling rates for packaging used for hazardous substances in particular years have been specified in the Regulation of the Minister of Climate and Environment of 22 November 2023 (Journal of Laws of 2023, item 2550).
Who Is Subject to the Obligations and When?
Hazardous substance
In accordance with the definition provided in Article 8(14) of the UOO, a “hazardous substance” is any chemical substance, chemical mixture, or plant protection product that, under separate regulations (the CLP Regulation—Regulation (EC) No 1272/2008 on the classification, labeling, and packaging of substances and mixtures), is classified into at least one of the hazard classes or categories specified in that article.
REMEMBER! |
Take special note that every hazardous substance will also be deemed a dangerous substance or mixture, but not every substance or mixture classified as dangerous necessarily meets the definition of a hazardous substance. In evaluating whether a given substance is a hazardous substance, the information on classification (found in Section 2 of the SDS) must be taken into account.
Conducting a proper verification of whether a particular substance or mixture is classified as a hazardous substance (within the meaning of the UOO) can be very labor-intensive, requiring an examination of the safety data sheet for virtually every substance or chemical mixture. It also demands relevant expertise and experience.
A quick verification—requiring only a few clicks—can be performed using the chemIQ application:
In our chemIQ application, in a simple and intuitive way, you can filter items from your database of chemical substances and mixtures that meet the criteria set out in Article 8(14) of the UOO, i.e., those classified as hazardous substances. If your database includes any hazardous substances, the only remaining step is to determine whether you place any of them on the market within the country. If so, you are classified as an entity placing hazardous substances in packaging on the market (assuming the hazardous substance in question is packaged).
Not yet using chemIQ? Click on the chemIQ logo below and then request a quote for your organization.
Placing Hazardous Substances on the Market (UOO Context)
In the simplest terms, within the meaning of the UOO, an entity placing hazardous substances in packaging on the market is an entrepreneur who, in the course of its business activity (whether for consideration or free of charge), first makes hazardous substances in packaging available within the territory of the Republic of Poland for use or distribution.
The following are also considered “placing on the market”:
- import (bringing hazardous substances in packaging from non-EU countries),
- intra-Community acquisition (bringing hazardous substances in packaging from EU Member States),
in each case carried out for the purposes of a business activity.
Most importantly, the “entity placing a product on the market” is always the one that first places a given packaged product on the domestic market.
Obligation to Ensure Recycling
An entity placing hazardous substances in packaging on the market is required to establish (either independently or under an agreement) a system for collecting and recycling a specified mass of packaging waste from hazardous substances. The detailed recycling thresholds are set forth in the implementing regulations to the Act
Product Fee
If the entity placing products on the market fails to organize the required system or does not meet the required recycling levels, they must calculate and then pay the product fee themselves.
Its amount depends primarily on:
the mass of packaging placed on the market,
the type of packaging material,
the difference between the required and the actually achieved recycling level.
DEADLINE FOR PAYMENT
- The settlement and payment of the product fee for the previous year is due by 15 March each year.
The annual report (in the BDO system) must be submitted to the voivodeship marshal by the same deadline.
DO YOU HAVE DOUBTS OR NEED SUPPORT IN FULFILLING YOUR RESPONSIBILITY?
If you need support in verifying or fulfilling your obligations as a person introducing hazardous substances in packaging to the market, you are not sure yet whether you are introducing hazardous substances in packaging or you already know that you are introducing but do not know what to do next, write or call us. We will prepare a dedicated offer for support tailored to your needs.