What is a product fee?
A product fee is a type of financial penalty imposed on companies that fail to meet the required levels of collection, recovery, and recycling. If, as a business operator, you do not fulfill these obligations, you may be charged a product fee along with tax interest.
To avoid financial risk and protect your business, we encourage you to contact us – we’re happy to help you find suitable solutions.
I already have a contract with another recovery organization, but I’m dissatisfied. What can I do?
As with most contracts, you have the right to terminate the agreement. However, this cannot be done at just any time. The conditions depend on the contract terms, but legally, termination is usually effective at the end of the calendar year.
Can I submit overdue reports?
If you previously operated as an “introducer” — for example, of batteries and accumulators, electronic equipment, packaging, or products like tires, oils, or lubricants — and did not fulfill your statutory reporting obligations, you should rectify this as soon as possible. Since 2019, reports must be submitted electronically via your individual account in the BDO register. For earlier years (up to 2018), documents were submitted to the relevant Marshal’s Office — either in paper form or via the ePUAP platform. We offer support in preparing and submitting overdue reports, so feel free to reach out — we’ll help you efficiently handle the formalities. Keep in mind that overdue reports must be submitted for up to 5 years retroactively, calculated from the end of the year in which the reports were due. That means in 2025, the year 2019 can still be subject to inspection.
What are the penalties, for example, for failing to submit reports?
Companies that fail to meet legal obligations can face a wide range of administrative penalties, imposed by various institutions, such as the Provincial Inspectorate for Environmental Protection (WIOŚ), Marshal’s Office, or Trade Inspection. Financial penalties can reach up to PLN 1,000,000.
Don’t take the risk – we’ll take over your environmental responsibilities so you can focus on your business.
Who is an “introducer”?
An introducer is a company that brings certain products to the Polish market for the first time — such as electrical and electronic equipment, batteries, accumulators, packaging, oils, tires, or packaged products. This may be a manufacturer, importer, or distributor selling such products in Poland. A single transaction, a single invoice issued to a business entity, may trigger obligations under several laws and EPR (Extended Producer Responsibility) systems.
“Placing on the market” refers to making packaging or packaged products available (whether for payment or free of charge) for the first time in Poland for use or distribution.
What are public educational campaigns?
According to the Act on Packaging and Packaging Waste Management (Journal of Laws 2013, item 888, as amended) and related laws (e.g. on waste electrical and electronic equipment, batteries and accumulators), public educational campaigns are actions aimed at raising public awareness on: separate waste collection, reducing waste, reuse, recovery, recycling, and the environmental impact of waste. Such campaigns support achieving high collection rates of used equipment, batteries, and packaging. They should inform the public about the potential impact of used equipment and batteries on the environment and human health, and promote proper disposal practices. These campaigns must be directed to the general public (hence the term “public”), and producers/introducers are obliged to finance them.
Do I have to sign a contract with a recovery organization?
There is no legal obligation to sign such a contract, but cooperating with a recovery organization allows you to effectively fulfill statutory obligations related to collection, recycling, and public education campaigns. Otherwise, you must fulfill these obligations and submit reports on your own. Fulfilling your duties through a recovery organization is significantly cheaper than paying the product fee.
Who is an Authorized Representative?
An Authorized Representative is a legal or natural person based in Poland, designated by a producer that does not have a registered office in Poland, to represent them in fulfilling environmental obligations (e.g., BDO registration, reporting, collection, and recycling) regarding electrical and electronic equipment introduced to the Polish market. If such a producer appoints an Authorized Representative (as defined in the WEEE Act, not in a commercial sense), then a Polish distributor introducing this equipment does not need to fulfill the statutory obligations, but must use the BDO number of the Authorized Representative.
What regulations govern the introduction of electrical equipment to the market?
The introduction of electrical and electronic equipment to the market is primarily governed by:
The Act on Waste Electrical and Electronic Equipment of September 11, 2015 (Journal of Laws 2015, item 1688, as amended),
The Waste Act of December 14, 2012 (Journal of Laws 2013, item 21),
Implementing regulations, including those regarding record-keeping, reporting, and document templates.
These laws define, among other things, registration obligations (in BDO), labeling requirements, collection and recycling obligations, public education campaigns, and reporting duties.
What regulations govern the introduction of batteries to the market?
The introduction of batteries and accumulators to the market is primarily regulated by:
The Act of April 24, 2009 on Batteries and Accumulators (Journal of Laws 2009, No. 79, item 666),
The Waste Act of December 14, 2012 (Journal of Laws 2013, item 21),
Regulation (EU) 2023/1542 on batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020, and repealing Directive 2006/66/EC,
Implementing regulations, including those on record-keeping, reporting, and battery labeling.
What regulations govern the introduction of packaging to the market?
The introduction of packaging and packaged products to the market is primarily regulated by:
The Act of June 13, 2013 on Packaging and Packaging Waste Management (Journal of Laws 2013, item 888),
The Waste Act of December 14, 2012 (Journal of Laws 2013, item 21),
Implementing regulations, including those on reporting templates, record-keeping, and educational campaigns.
What regulations govern the introduction of tyres and oils to the market?
The introduction of tyres, oils, and greases to the Polish market is governed by the following legal acts:
The Act of May 11, 2001 on the Obligations of Entrepreneurs in the Management of Certain Wastes and on the Product Fee
(Journal of Laws 2001, No. 63, item 639, as amended),
The Waste Act of December 14, 2012
(Journal of Laws 2013, item 21, as amended).