EPR in Poland: draft law on packaging and packaging waste – a new model of extended producer responsibility
On 13 August 2025, the Ministry of Climate and Environment, through the Government Legislation Centre, published the long-awaited draft act on packaging and packaging waste. This bill is intended to introduce a thorough reform of the packaging waste management system in Poland, based on a new model of extended producer responsibility (EPR), in accordance with EU requirements resulting, among others, from the so-called PPWR Regulation, i.e. Regulation (EU) (EU) 2025/40 of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904 and repealing Directive 94/62/EC.
What will EPR look like in light of the draft law?
Extended producer responsibility (EPR) is a regulatory system under which entities placing packaged products on the market bear financial and organisational responsibility for the life cycle of packaging, from the moment it is placed on the market to the stage of waste management.
The principle is based on the ‘polluter pays’ rule, which means that the producer should cover the costs associated with the management of waste generated from their products. According to the draft bill:
- the EPR system will be centrally managed by a single public entity – the National Fund for Environmental Protection and Water Management (NFOŚiGW) It will be responsible for collecting and distributing funds from the EPR;
- producers will be required to pay packaging fees, the amount of which will depend on the type and weight of the packaging introduced. This is to promote more environmentally friendly materials and reduce the amount of packaging waste (so-called eco-modulation);
- the funds obtained from the fees will be transferred primarily to municipalities and recycling entities, which is intended to help develop an effective waste infrastructure.
Extension of the definition of producer
The new law adopts a broad definition of ‘producer’ to include manufacturers, importers, intra-Community purchasers, distributors and online sales platforms that place packaged products on the market, regardless of the form of sale (stationary or remote). The new definition is closely linked to the definition of producer under the PPWR Regulation, which will be directly applicable in all Member States from 2026 and replaces the existing legal regime based on Directive 94/62/EC.
Centralisation of the system – liquidation of packaging recovery organisations
After the end of the transition period (which is to last until 31 December 2027), the existing packaging recovery organisations will cease to operate in their current form. The National Fund for Environmental Protection and Water Management (NFOŚiGW) will become the central operator of the EPR system. The fund will be responsible for financial settlements with entities covered by the system, supervision of packaging waste streams and cooperation with local government units, including primarily municipalities. According to the assumptions, the takeover of these functions by a single public entity is aimed at streamlining the system, increasing its financial transparency and ensuring more effective use of funds from fees paid by producers.
Packaging fee
The draft law also introduces changes to the existing fees. Producers will be required to pay a packaging fee for each kilogram of packaging, with the amount of the fee varying depending on the type of material used. The draft bill allows for preferential rates for packaging that is easy to recycle or made from recycled materials. On the other hand, single-use packaging and packaging that is difficult to process in the existing waste management system will be subject to higher fees.
Distribution of funds
The new bill aims to introduce a transparent distribution of funds. According to the draft, the funds collected in the ROP system are to be transferred via the National Fund for Environmental Protection and Water Management (NFOŚiGW) to municipalities as compensation for the costs of selective collection of packaging waste. In addition, part of the funds, in the form of operating subsidies, will also go to municipal facilities and recycling plants. An important element of the system will also be the financing of educational and information activities.
Establishment of the ROP Council
The draft act provides for the establishment of an advisory and consultative body under the minister responsible for climate issues, which will be the ROP Council. Its role will be to ensure ongoing dialogue and cooperation between key entities of the ROP system, as well as to issue opinions on drafts concerning the amount of packaging fees and to formulate proposals regarding environmental education standards.
Transitional provisions and planned entry into force of the bill
The draft bill is currently at the public consultation stage, which will be relatively short, lasting until 3 September 2025. Once the consultation is complete, the draft will enter the legislative process in the Sejm. The bill is scheduled to enter into force on 1 January 2026, with a transition period for certain obligations until the end of 2027.
Details regarding the functioning of the system, including, among other things, the amount of fees and the exact distribution of the funds obtained, have not yet been determined and will be specified in implementing regulations.
How can we help?
Andersen supports companies in preparing for the new extended producer responsibility regulations. We help you understand the upcoming obligations, implement appropriate solutions, including adapting existing procedures and preparing the necessary documents.
If you are interested in obtaining additional information on the above, please contact us.
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