From 01.09.2019, retailers and wholesalers are obliged to register in the waste database. They must register by 31 December 2019 and can operate without having such a registration until the date they obtain it. Once they have been issued with a registration number, they must include it on every document produced in the course of their business.
Operators of retail or wholesale units where plastic shopping bags subject to the recycling levy are offered must include in their registration application in the waste database:
- information on the type of activity conducted,
- information on the place or places of business
The legal basis is Article 50 and Article 52 of the Waste Act of 14 December 2012, as amended.
With the beginning of September, other plastic bags with a material thickness of 50 micrometres or more were also made compulsory, i.e. a recycling fee will be charged for all plastic bags issued in a retail or wholesale unit for the packaging of products purchased there.
The exemption from the recycling levy will continue to apply only to very lightweight bags that are required for hygiene reasons or offered as primary packaging for bulk food.
An ultra-lightweight plastic shopping bag is a shopping bag, with or without handles, made of plastic that is offered in retail or wholesale units, with a material thickness of less than 15 micrometres, which is required for hygienic reasons or offered as primary packaging for bulk food when this helps to prevent food waste.
Obligation to keep records
An important change will also apply from 1 January 2020. It is from this date that a trader, operating a retail or wholesale unit where plastic shopping bags subject to the recycling levy are offered, will be required to keep records of the number of lightweight and other plastic shopping bags purchased and issued in a given calendar year either on paper or electronically.
Importantly, he will have to keep separate records for each entity. In addition, he will have to keep the information he includes in the records for five years, starting from the end of the calendar year to which the information relates.
The new year also marks another important change regarding the reporting obligation. A trader operating a retail or wholesale unit where plastic shopping bags subject to the recycling levy are offered will have until 15 March 2020 to report on the number of lightweight and other plastic shopping bags subject to the recycling levy purchased and issued, indicating the location of the retail or wholesale unit.
The first report is for 2019 and must be submitted by 15 March 2020 via the BDO Database, noting that the report on the number of remaining plastic shopping bags purchased and issued covers the period from 1 September 2019.
What are the penalties for failing to register with BDO and related duties?
Under the Waste Act of 14 December 2012 (as amended):
Article 194. An administrative fine shall be imposed for, among other things:
- carrying on the activities referred to in Article 50(1) without the required registration;
- failing to include the registration number on documents drawn up in connection with the activity, contrary to the obligation referred to in Article 63;
of between PLN 5 000 and PLN 1 000 000.
Art. 56. par. 1. point 10 c) An administrative fine shall be imposed on anyone who, contrary to the provisions of Article 40a (1), does not collect the recycling fee from a purchaser of a plastic shopping bag.
Art. 57. pt. 4. Fines range from PLN 500 to PLN 20,000.
Article 58. para. 2. Fines shall be imposed by decision of the competent provincial inspector of trade inspection.
In order to avoid the above-mentioned unpleasantness, we recommend using the specialists from the Open Transport Group, who will guide your company through the registration steps thanks to the Ecology24 platform. And all this by email and at an affordable price.
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