How do you avoid a product charge? Find out what you need to do
The payment of a product fee is the obligation of every entity that places packaged products on the Polish market. However, many entrepreneurs put it off until a problem arises. Then reason gives way to haste. However, it is possible to be exempted from this fee, provided that several conditions are met. Can everyone benefit from this relief?
Product charge - who has to pay it?
The product fee is a benefit imposed on entrepreneurs who place packaging or packaged products on the Polish market and, at the same time, have not achieved the statutory levels of recovery or recycling of such packaging. The legal basis is Act of 13 June 2013 on the management of packaging and packaging waste.
Examples of entities obliged to pay a product fee include:
- manufacturers, importers or distributors introducing packaged products (including on pallets),
- traders importing goods from outside the EU or making intra-Community acquisitions,
- catering companies offering take-away food packed in special containers
- online shops that pack products for shipment
Worth bearing in mind
Entrepreneurs who have introduced less than 1 tonne of packaging in a given year may be exempted from the product fee, provided they have applied for assistance de minimis by 15 March of the following year.
Although the levy is a disciplinary mechanism - not a punitive one - it is intended to push companies to meet their recycling obligations on time.
Environmental responsibilities not to be missed
In addition to the need to pay a product fee, there are other, equally important, obligations on entrepreneurs introducing packaged products into the Polish market. These can include:
- keeping records of the weight of packaging - he/she must systematically document the type and weight of packaging introduced throughout the year
- ensure the required level of recovery and recycling for packaging waste, either by itself or through a contract with a recovery organisation - Failure to forward the data to the organisation will result in a charge for this part of the packaging
- submit annual reports to the BDO system - must do so no later than 15 March for the previous calendar year, including data on the weight of packaging and the recycling achieved
- keeping records to prove the environmental measures taken. This includes contracts with recovery organisations. These must be archived for at least five years from the end of the calendar year in which they expired.
- conducting educational campaigns in accordance with Article 19(1) of the Waste Management Act, which we have already mentioned in this text. The entrepreneur must therefore provide information on recycling and raise awareness of the risks of not doing so
Need help managing BDO's packaging? Contact with us
Waste penalties, or how much mistakes cost
What is the penalty for failing to comply with packaging management obligations:
- we have written about the obligatory product fee; for its absence in a given year, in addition to the obligation to pay the arrears, the entrepreneur may be obliged to pay a penalty in the amount of 50% of the overdue fee
- failure to provide information on the packaging introduced to a packaging recovery organisation with which an agreement has been concluded will result in a penalty of up to PLN 500,000; in addition to possible financial penalties, failure to conclude an agreement with a packaging recovery organisation will result in the entrepreneur having to account for the amount of packaging introduced on his own and to prepare annual reports
- administrative penalties:
- the law provides for a penalty of up to PLN 20,000 for failure to comply with information obligations (concerning the handling of packaging or available return systems)
- Lack of records including information about the weight of packaging may result in a fine of up to PLN 500,000.
Justyna Blazewicz-Seredyn comments, expert on environmental legislation and BDO operation
Many companies have found that underestimating the time needed to fulfil environmental obligations can quickly turn into a problem. When a deadline approaches and the documentation is not ready, we spring into action - tidying up records, analysing KPOs, preparing last-minute reports and, if necessary, representing the client before the authorities. This is an everyday part of our work. However, it is much better to prepare in advance - it not only gives peace of mind, but also real savings and control over the situation.
How much will the product fee be for 2025 - check with our calculator
The online product fee calculator is a tool that helps to accurately estimate the fee due based on the amount and type of packaging. Although it is not a substitute for a thorough, formal analysis, it makes it possible:
- rapid costing,
- early identification of potential underestimates or overestimates,
- environmental budget planning and avoidance of unplanned expenditure
Enter the weight (kg) of each type of packaging, then our calculator will calculate your fee based on the latest regulatory rates and required recycling rates. See how easy it is.
CALCULATE THE PRODUCT FEE FOR 2025
Don't wait for March
Many companies mistakenly assume that they have plenty of time to fulfil their BDO presence obligations. They claim that the deadline of 15 March (or 31 March for specific categories) gives sufficient leeway. However, the dynamics of the industry mean that this time is starting to run out. Therefore, haste really does become the worst adviser. This is because often, under time pressure, entrepreneurs make mistakes that they could have avoided with earlier preparation.
It is therefore advisable to start collecting data and signing contracts with the recovery organisation as early as the last quarter of the year - this spreads the work over time, minimises risk and provides peace of mind for reporting.
If you need help finding the right recycling company or want to avoid costly billing mistakes - the contact us. We are happy to give you tips on how to prepare in advance.
