Order of the Minister for Climate and the Environment on product fee rates for different types of packaging

TRIS notification 2023/0695/PL — draft technical regulation notified under Directive (EU) 2015/1535 (not yet adopted)

Order of the Minister for Climate and the Environment on product fee rates for different types of packaging

1. MSG 001 IND 2023 0695 PL EN 07-12-2023 PL NOTIF
2. Poland
4. 2023/0695/PL - S10E - Packaging
5. Order of the Minister for Climate and the Environment on product fee rates for different types of packaging
6. packaging;  product fee rates for different types of packaging
single-use plastic bottles for beverages up to 3 l
metal cans up to 1 l
reusable glass bottles up to 1.5 l
7.
8. The draft order sets the product fee rates for different types of packaging, according to which entrepreneurs who place products in packaging on the market are obliged to calculate the product fee due in the event of failure to achieve the required levels set out in the Act.
The draft order sets the rates:
— per 1 kg of single-use plastic bottles for beverages up to three litres, including their plastic caps and lids,
— per 1 kg of packaging of hazardous products,
— for single-use plastic bottles for beverages up to three litres, including their plastic caps and lids, excluding glass or metal bottles for beverages the caps and lids of which are made of plastics,
— metal cans with a capacity up to one litre,
— reusable glass bottles up to one and a half litres.
The remaining fee rates remain at the level indicated in the existing order on product fee rates for different types of packaging.
9. The need to draw up an order stems from the changes introduced in Article 35(2) of the Act of 13 June 2013 on the management of packaging and packaging waste by the following Acts:
— of 14 April 2023 amending the Act on the Obligations of Entrepreneurs in the Management of Certain Waste and Product Fee and certain other acts (Journal of Laws, item 877),
— of 13 July 2023 amending the Act on the Management of Packaging and Packaging Waste and certain other acts (Journal of Laws, item 1852).
The current order does not take into account the changes introduced in the above-mentioned acts.
Failure to issue an order specifying the product fee rates will result in entrepreneurs not being able to calculate or pay the product fee due.
The product fee is paid in the event that entrepreneurs fail to reach the levels specified in the Act, and its task is to mobilise entrepreneurs to achieve the statutory objectives. Failure to determine the fee rates will result in the absence of receipts from product fees for each kilogram of a given type of packaging for which recycled content (1), a certain level of recycling (2) and separate collection (3) must be ensured.
10. References to basic texts: 2023/0351/PL, 2023/0042/PL
The basic texts were submitted under the previous notification:
2023/0351/PL
2023/0042/PL
11. No
12.
13. No
14. Yes
15. Yes
16.
TBT aspects: No
SPS aspects: No