Poland’s Ministry of Environment is preparing to roll out a fully state-run Extended Producer Responsibility (EPR) system, sparking pushback from major packaging industry groups including EUROPEN, Cepi, Flexible Packaging Europe, and Pro Carton. The organizations warn that the proposed model risks undermining both the EU Waste Framework Directive (WFD) and the Packaging and Packaging Waste Regulation (PPWR).
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How the Draft Legislation Would Work
The draft Act on Packaging and Packaging Waste would implement the “polluter pays” principle across Poland. Under the plan, the National Fund for Environmental Protection and Water Management (NFOŚiGW) would oversee the system and collect fees from businesses based on the type and weight of packaging they place on the market.
The contribution starts at 8 % of the product fee rate in 2026, rising to 20 % in 2027, with full implementation targeted for 2028. The revenue is intended to fund municipal collection, processing, and recycling, to make producers financially responsible for their packaging footprint while reducing the waste management burden on local authorities.
Industry Fears Legislative Overlap
Despite its intentions, the system has been met with sharp criticism. Industry groups argue that a centralized, state-run scheme could conflict with EU legislation, create heavier administrative burdens for businesses, and increase costs without boosting recyclability at scale.
Concerns also focus on market access risks after 2035, with fears that many packaging types could face exclusion regardless of whether they meet PPWR’s design-for-recycling rules.
Questions Over Fee Structure
Another sticking point is the basis for calculating fees. The draft ties percentages to penalties applied to recovery organizations that miss recycling targets, something critics say is misaligned with actual waste management costs and in breach of the WFD.
There are also concerns that funds could be redirected to the state budget instead of directly supporting recycling infrastructure. In addition, the lack of clarity until 2028 creates business uncertainty and runs counter to the eco-modulation principle, which is being applied across the EU to incentivize recyclability.
Industry Calls for Alignment with EU Rules
The joint statement from the signatories urges Poland to rethink its approach and design an EPR system that fully aligns with EU requirements. They call for a model that supports recyclability at scale, remains consistent with the PPWR, and avoids regulatory fragmentation across the Single Market, rather than bringing heavy financial and administrative burdens for operators and falling short of the EU’s circular economy goals.
Beyond EUROPEN and Cepi, the letter was co-signed by a wide range of packaging associations including the European Paper Packaging Alliance (EPPA), European Carton Makers Association (ECMA), Aluminium Closures Group, Steel for Packaging Europe (SfPE), UNESDA – Soft Drinks Europe, FEVE (European Container Glass Federation), and EAFA (European Aluminium Foil Association), Petcore Europe, FEFCO (European Federation of Corrugated Board Manufacturers), Metal Packaging Europe, FEPE (Federation of European Producers of Envelopes and Light Packaging), Elipso, and Natural Mineral Waters Europe (NMWE).
Conclusion
Poland’s draft EPR system risks clashing with EU law, adding costs, and slowing progress toward recyclability. Instead of reinforcing circular economy targets, critics argue it could fracture the EU packaging market and penalize compliant businesses. The debate underscores a wider challenge for Europe: ensuring that national EPR schemes strengthen, not undermine, the EU’s collective push toward circularity and competitiveness.
