Polish EPR plan faces resistance from industries over potential legislative overlap concerns
The Polish Ministry of Environment has announced plans to introduce a state-controlled Extended Producer Responsibility (EPR) model for packaging, a move that has sparked concern among various packaging industry players. According to EUROPEN, Cepi, Flexible Packaging Europe, Pro Carton, and several other packaging associations, the proposed EPR model could potentially undermine the Waste Framework Directive and Packaging and Packaging Waste Regulation. Over fifty organizations, including Petcore Europe, FEFCO, Metal Packaging Europe, and The European Paper Packaging Alliance, have co-signed a joint industry statement warning of the risks associated with state-run producer responsibility organizations. The drafted Act on Packaging and Packaging Waste aims to enforce the 'polluter pays' principle nationwide in Poland, with businesses being financially responsible for the packaging waste they generate. The National Fund for Environmental Protection and Water Management (NFOŚiGW) will manage the centralized EPR system, charging businesses a fee for all packaging placed on the market. The fee will start at 8% of the product fee rate in 2026, rising to 20% in 2027, and theoretically out in 2028, with the exact price modulating depending on the type and weight of packaging. However, the joint industry statement argues that the fees collected could exceed the real management costs, potentially violating the Waste Framework Directive. The organizations are urging Polish authorities to reconsider their proposal and establish an EPR system fully aligned with the general minimum requirements of the Waste Framework Directive and supportive of the recyclability at scale objectives of the Packaging and Packaging Waste Regulation. Last year, a joint industry contribution was issued criticizing the inclusion of state-run producer responsibility organizations in the Packaging and Packaging Waste Regulation. Critics of the proposed EPR model argue that it could increase administrative burden, drive up administrative costs, interfere with transparency, stall progress towards recyclability at scale, and potentially impact both businesses and consumers. Furthermore, there are concerns that state-run producer responsibility organizations could open legal loopholes, threatening the EU's recycling targets and decarbonization goals. The joint industry statement concludes by urging Polish authorities to establish an EPR system that promotes a circular economy, encourages recyclability, and adheres to EU regulations, ensuring the continued success of the packaging industry in Poland.
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