Bans
As of May 24, distributors are banned from marketing selected single-use plastic products, including cotton swabs, cutlery, plates and straws.
The ban also affects products made from oxo-degradable plastic, such as shopping bags, which have been popular in Poland to date.
Labeling requirement
Since the law came into effect, certain single-use products made of plastic, including sanitary pads, wet wipes and tobacco products, must also be additionally labeled. he labels must comply with the harmonized labeling requirements of Directive (EU) 2020/2151. The pictograms for this can be found here:
https://environment.ec.europa.eu/topics/plastics/single-use-plastics/sups-marking-specifications_en
Obligation regarding data collection
Another new obligation is to keep a record of single-use plastic products placed on the market, even if they are sold in retail or food service outlets. This means that it must be ensured that the quantities distributed can be tracked so that reports can be made on demand.
This applies, for example, to beverage cups and bottles, as well as selected food packaging, food containers and packaging, and wrappings made of flexible materials.
The EU member states must report annually on the number and quantity of single-use plastic articles distributed in the respective country. For this to happen, the reports from the distributors must meet certain specifications. The specifications for recording are both:
(a) total weight of plastic in single-use plastic articles placed on the market in a Member State (in this case Poland) in a calendar year;
as well as:
(b) number of single-use plastic articles placed on the market in a Member State (in the case Poland) in a calendar year.
In addition, records for this packaging must be kept separately for each retail or food service unit, making this provision an onerous requirement, especially for businesses with multiple locations in the country (retail chains, restaurants, gas stations, etc.).
BDO Registration
In addition, distributors must register in the BDO register for single-use plastics no later than three months after the law takes effect (Aug. 24, 2023) to be legally compliant.
The amendment also stipulates that a deposit system for beverage packaging will be introduced in the future.
Please note that while the new legislation will also apply to selected plastic packaging, it does not change the existing rules for working with a packaging return system and the associated obligations.
In case of further changes, we will keep you up to date.
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