EPR and BDO in Poland
What are the obligations for a foreign company?
As a company that places products on the Polish market, whether through brick-and-mortar stores or e-commerce platforms, you must comply with key legal requirements. The most important of these is Extended Producer Responsibility (EPR). The EPR system obliges you to take responsibility for waste generated from the products you introduce to the market. In Poland, as in other EU countries, every entity subject to EPR principles must be registered. This is done in the Waste Database (BDO). In this case, your BDO number is the EPR number for Poland.
What is EPR and who must register in the BDO?
Extended Producer Responsibility (EPR) is a principle that places the obligation to manage waste from a product on the producer or importer. The EPR obligation applies to every company that places products on the Polish market, such as packaging, batteries/accumulators, or electrical and electronic equipment. In Poland, to fulfill this obligation, you must register in the BDO Register, which is the national equivalent of the EPR system. The legal basis for this obligation is defined in both Polish national regulations, such as the Waste Act, and in EU directives.
All obligations under the Extended Producer Responsibility (EPR / ROP) system in Poland are clearly defined in national and EU legislation:
All requirements of the EPR system in Poland are clearly defined in national and EU regulations. Ensuring full compliance includes:
BDO Registration: According to the Waste Act, every company that introduces packaged products, batteries, or electronic equipment to the Polish market must obtain a BDO register entry before commencing any activity.
Appointing an Authorized Representative in Poland: If your company does not have a registered office or a branch in Poland, you must appoint an authorized representative to act on your behalf.
Recordkeeping and Reporting: You are obligated to document the quantities and types of packaging and products placed on the Polish market. Furthermore, you must periodically submit environmental reports to the relevant authorities in Poland, such as the Marshal’s Office.
Product Fees and EPR System Financing: Companies are required to finance the collection and processing of packaging waste, including educational campaigns and the functioning of the system. Remember, you must also provide your BDO/EPR number on sales documents, such as receipts and invoices, as well as on e-commerce platforms.
Ensuring Recycling and Recovery Targets: Your company must participate in a system that guarantees the actual recycling and recovery of waste generated from your products.
Other obligations and potential penalties under the EPR and BDO systems
Obtaining an EPR number is not the end of your obligations. Compliance with the EPR system requires regular reporting and payment of fees. What’s more, to fully comply with the regulations, you must provide your BDO/EPR number on sales documents, such as receipts and invoices, as well as on sales platforms.
Penalties: Failure to register in the BDO or non-compliance with EPR regulations can result in high fines, reaching up to PLN 1,000,000, as well as difficulties in selling on online platforms.
Important tips: Remember that EPR is a national system. If you sell to other EU countries, you must obtain separate EPR numbers in each of them, for example, by registering in the German LUCID system.
EKOKONSULT: Your partner in fulfilling EPR and BDO obligations
Adapting to Polish regulations can be a challenge. That’s why at EKOKONSULT, we offer comprehensive advice and support in the field of Extended Producer Responsibility (EPR).
Our services include:
- Verification of obligation: We will check whether your company needs to register in the BDO.
- BDO registration: We will guide your company through the entire process comprehensively.
- Reporting: We will handle the regular submission of reports on your behalf.
- Support as an Authorized Representative: We will be your local representative and point of contact with Polish authorities.
Don’t let new regulations become a barrier. Contact us and find out how we can help your company meet all EPR requirements in Poland.