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1.
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Notifying
Member: POLAND
If applicable, name of local government involved (Article 3.2 and
7.2):
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2.
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Agency
responsible:
Ministry
of Climate and Environment
Name and address (including telephone and fax numbers, email and
website addresses, if available) of agency or authority designated to handle
comments regarding the notification shall be indicated if different from
above:
Ministry of
Climate and Environment
Department of
Waste Management
Wawelska
52/54, 00-922 Warszawa,
phone: (+48
22) 57-92-262, fax: (+48 22) 57-92-795,
e-mail:
Departament.Gospodarki.Odpadami@mos.gov.pl
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3.
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Notified
under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ],
other:
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4.
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Products
covered (HS or CCCN where applicable, otherwise national tariff heading. ICS
numbers may be provided in addition, where applicable): Deposit-Refund System, packaging, beverages, beverages in PET
bottles, beverages in meal cans, beverages in reusable glass bottles,
excluded beverages that are milk, yogurt or other drinking dairy products;
Beverage
packaging that will be covered by the Deposit-Refund system: PET bottles up
to 3 liters and metal cans up to 1 liter, and reusable glass bottles up to
1.5 liters.
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5.
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Title,
number of pages and language(s) of the notified document: Draft Act amending the Act on Packaging and Packaging Waste
Management and certain other acts - Projekt ustawy o zmianie ustawy o
gospodarce opakowaniami i odpadami opakowaniowymi oraz niektórych innych
ustaw; (17 page(s), in Polish), (2 page(s), in Polish)
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6.
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Description
of content: Regulation that
introduce the deposit-refund system in Poland was adopted in 2023 (https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu20130000888).
The ongoing
draft of Act (number 760) at website of Sejm of the Republic of Poland https://sejm.gov.pl/Sejm10.nsf/druk.xsp?documentId=EE57E2A4A19DF549C1258BC7003E3A85,
clarify the legal regulations on the deposit-refund system regarding the
issuance, withdrawal and amendment of the permit to operate the system.
The draft
also includes legal regulations that establish:
·_
that deposit
follows the packaging throughout the whole sales chain,
·_
the exclusion
from the obligation to collect in Deposit -refund system: packaging for
beverages that are milk, yogurt or other drinking dairy products,
·_
packaging
covered by the system is required to display a label on such packaging with
the deposit system logo (https://www.gov.pl/web/klimat/oznakowanie-opakowan-w-systemie-kaucyjnym).
·_
the obligation
for shops to collect reusable glass packaging if the unit sells such
beverages.
·_
the definition
of the launch of the deposit system indicates a date no earlier than 1
October 2025. In connection to this, provisions have been introduced to adapt
the procedure for updating permits (Article 7), the rules for calculating the
level of selective collection of packaging waste in 2025 (Article 9), and
time provisions regarding related obligations in this period (Article 10).
This solution will extend the deadline for retail outlets to adapt their
premises and change procedures for collecting packaging in stores by half a
year. Entrepreneurs will benefit from the additional time to develop a method
of cooperation between operators and ensure compatibility of systems.
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7.
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Objective
and rationale, including the nature of urgent problems where applicable: The aim of introducing changes is to ensure that the system,
which will be launched in 2025, is attractive and safe for entrepreneurs,
user-friendly and has a clear impact on reducing the problem of littering.
Failure to implement the changes proposed in the amendment to the Act may
result in irregularities in the scope of:
• planning
the operation of deposit systems,
•
insufficient supervision at the stage preceding the launch of the system,
• possibility
of abuse and fraud in the settlement of packaging and deposits.; Consumer information,
labelling
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8.
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Relevant
documents:
Act of 13
July 2023 amending the Act on Packaging and Packaging Waste Management and
certain other acts
https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20230001852
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9.
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Proposed
date of adoption: 1 January 2025;
Proposed date of adoption: before 1.01.2025
Proposed date of entry into force: 1 January 2025; Proposed date of entry into force: 1.01.2025
(updated provisions, with a possibility to use both DRS labels in 2025)
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10.
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Final
date for comments: 60 days from
notification
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11.
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Texts available from: National enquiry
point [X] or address, telephone and fax numbers and email and website
addresses, if available, of other body:
At website of Sejm of the Republic of Poland:
Or
Ministry of Climate and Environment
Department of Waste Management
Wawelska 52/54, 00-922 Warszawa,
phone: (+48 22) 57-92-262, fax: (+48 22)
57-92-795,
e-mail: Departament.Gospodarki.Odpadami@mos.gov.pl
https://sejm.gov.pl/Sejm10.nsf/druk.xsp?documentId=EE57E2A4A19DF549C1258BC7003E3A85
https://members.wto.org/crnattachments/2024/TBT/POL/24_07532_01_x.pdf
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