A New System in Poland

Although the system in Poland officially started operating at the beginning of October 2025, it still raises a number of questions. While the concept of a deposit system is not new within the EU, it is the practical aspect of its implementation that raises the most questions. As we have now entered the transitional period, new questions continue to emerge, both from businesses and consumers. From January, the system will run at full capacity, and only beverages sold in packaging marked with the official deposit symbol will be allowed on the market.

Uncertainties for Businesses

From the perspective of businesses, many issues remain unclear, and companies are waiting for more detailed guidelines. Poland’s Ministry of Climate and Environment has already clarified some aspects, and we hope to see more answers soon.

Shared Collection Points

It has been confirmed that businesses in close proximity may create shared collection points. If a shopping centre (or a business unit within it) establishes a collection point and agrees with other stores on the rules of its operation, the obligation to collect is considered fulfilled also for those other units.

Refund Collection

One of the fundamental rules of the Polish deposit system is that the deposit must be monetary (and not, for example, a store-specific coupon). However, the deposit does not have to be refunded at the exact moment when the packaging is returned. This means that a collection point can, for example, issue a voucher (valid for no less than one month) which the customer can later exchange for cash.

Challenges for Businesses with Existing Stock

Another important issue concerns the fact that some businesses are choosing to withdraw from selling beverages altogether rather than to adapt to the new deposit regulations. However, many of these companies still have existing stock, and some even have new deliveries on the way. It is therefore unclear whether such products can still be sold, given that the deposit system is already in force. At the same time, these products are not yet marked with the official deposit symbol. The literal interpretation of the act seems to exempt such stores from the obligation to establish a collection point; however, the authorities have not provided official clarification.

Cooperation with System Operators

For business obliged to participate in the deposit system and collect packaging, the rules on establishing cooperation with system operators (i.e., businesses responsible for collecting the packaging) are unclear. According to the new law, such businesses are required to conclude agreements with all operators that approach them. It is particularly concerning that the act provides few conditions for these agreements, creating a risk of contractual imbalance and a potential unfair advantage for operators.

Adapting to the System and Financial Risks

The upcoming months will hopefully allow all participants, customers, businesses, operators, and manufacturers, to adapt and determine what is compliant and what works best for their operations. Clear and timely communication from the authorities, as well as between businesses themselves, will be crucial to ensuring that the system delivers on its environmental and economic goals.

Given the potential financial penalties (from PLN 500 to PLN 500,000), all market participants should approach the new system with caution and diligence, but also with a view to making it a long-term success.

Emilia Łowczyk is most comfortable navigating regulatory requirements, with an emphasis on data protection and employment matters.

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