Polish businesses resisting the EPR scheme, concerned about potential legislative redundancy

In a joint industry statement signed by over fifty packaging associations last year, concerns have been raised about the potential impact of a state-controlled Extended Producer Responsibility (EPR) model for packaging, as proposed by the Ministry of Environment in Poland.

The organizations, including Petcore Europe, FEFCO, Metal Packaging Europe, FEPE, Elipso, Natural Mineral Waters Europe, EUROPEN, Cepi, Flexible Packaging Europe, Pro Carton, IK, FBCA, EKO-PAK, Der Grüne Punkt, CICPEN, the Association of Greek Manufacturers of Packaging & Materials, the European Paper Packaging Alliance (EPPA), ECMA, Aluminium Closures Group, Steel for Packaging Europe (SfPE), UNESDA - Soft Drinks Europe, FEVE, and the European Aluminium Foil Association (EAFA), have expressed their concerns about the proposed system.

The joint statement accuses the state-run producer responsibility organizations of threatening the EU's recycling targets and decarbonization goals. The organizations urge 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.

The critics argue that the state-run model could increase administrative burden, drive up administrative costs, interfere with transparency, and stall progress towards recyclability at scale. They fear that numerous packaging applications could lose market access by 2035, regardless of whether they meet the PPWR's Design for Recycling requirements or not.

The drafted Act on Packaging and Packaging Waste aims to enforce the 'polluter pays' principle nationwide. The National Fund for Environmental Protection and Water Management (NFOŚiGW) will manage the system, charging businesses a fee for all packaging placed on the market. The accumulated funds will be used for the collection, processing, and recycling of waste by municipalities and waste management organizations.

The fee will start at 8% of the product fee rate in 2026, rise to 20% in 2027, and theoretically even out in 2028. The draft bill also aims to hold businesses financially responsible for the packaging waste they generate, incentivizing them to streamline the quantity and weight of their output.

However, the joint industry statement warns that state-run producer responsibility organizations could lower recycling rates and increase administrative costs. Furthermore, they could impact both product availability and transparency, which are crucial for the packaging industry and consumers alike.

Critics have also pointed out that state-run producer responsibility organizations have been criticized before for opening legal loopholes and threatening the EU's recycling targets and decarbonization goals. The organizations are calling for a system that is transparent, efficient, and supportive of the EU's waste and environmental targets.

The debate continues as the Polish government considers the implications and potential revisions to the proposed Act on Packaging and Packaging Waste. The packaging industry and environmental organizations will closely monitor the situation and continue to advocate for a system that promotes recycling, decreases waste, and supports the EU's decarbonization goals.

Polish businesses resisting the EPR scheme, concerned about potential legislative redundancy