Another draft law implementing the SUP Directive. Entrepreneurs pay attention to core problems

More than 700 comments were submitted to the original draft law implementing the SUP Directive. The new version has also been criticized, among other things for the plan to introduce the obligation to charge too quickly the costs of collection, transport and processing of waste.

The EU Directive on the reduction of the environmental impact of certain plastic products (also known as the SUP Directive) single use plastic) entered into force in July 2019. Two years later, it was time to transpose its provisions into the legal systems of the Member States.

In Poland, the transposition of the SUP Directive has not yet been completed. On December 30, 2021, another bill was published on the website of the Central Government Legislation Center amending the law on the obligations of entrepreneurs with regard to the management of certain waste materials and on product compensation and certain other laws.(1) from December 6, 2021

Let’s not forget: the previous draft of the law under discussion was presented on April 1, 2021 and about 700 comments were submitted during public consultations. The entities that issued opinions on the draft act included the Polish Federation of Food Producers Association of Employers.

Although many comments were taken into account in the next draft law implementing the SUP Directive, the PFPŻ ZP indicated that both the December draft law and the draft implementing regulation specifying the tariffs for the collection of waste from single-use plastic products were required .

Comments on the draft law implementing the SUP Directive

PFPŻ ZP argues that the amount of the compensation for the costs of collecting, transporting and processing waste has been determined in a way that does not take into account the requirements of the SUP Directive. The problem is that the bill provides for fixed fees and – as indicated by PFPŻ ZP – are based on an arbitrary assessment by the legislator, and not on real costs incurred by entrepreneurs. PFPŻ ZP therefore argued for an unambiguous and proportionate determination of the costs, such that they do not exceed the fees necessary to achieve the objectives of the SUP Directive.

The proposed date of introduction of the fee to cover the costs of waste collection, transportation and processing was also criticized – according to PFPŻ ZP, introducing the obligation to pay the above fees already in 2022 (i.e. 14 days from the announcement of the law) will be a significant burden for Polish entrepreneurs.

Such public law charges should not be introduced in the course of a calendar year (ie a financial year for most companies), because these costs are then no longer included in the budgets of entrepreneurs for a particular year. – declared PFPŻ ZP.

PFPŻ ZP proposed that the provisions of the law enter into force at the beginning of 2023, ie when it is planned to implement the regulation on the tariffs for the collection of waste from single-use plastic products. Otherwise, the dates for the entry into force of the regulations will clash.

A problem in the draft law is also the exclusion of the ban on the use of plastic cutlery and expanded polystyrene packaging during the COVID-19 pandemic and for three months after its cancellation – in the opinion of PFPŻ ZP, this activity is not in line with art. 5 of the SUP Directive. EU regulations do not provide for a differentiation of the date on which the use of single-use plastic products will be banned; There is also no indication that these issues would have any impact on the coronavirus pandemic.

The new bill provides that single-use plastic products placed on the market the day before the law comes into force may be sold until stocks are exhausted. In this light, the justification of the draft law has not been updated – the date on which this type of product should be placed on the market is set at 3 July 2021.

Also read: SUP directive in Poland – seriously or with a grain of salt? Business is waiting for the legal framework

What is the SUP guideline about?

As you can read in the explanatory memorandum to the draft law amending the law on the obligations of entrepreneurs in the management of certain types of waste and on product compensation and in certain other laws, disposable plastic products account for 50 percent. all waste in the marine environment.

The EU SUP Directive aims to reduce plastic pollution of the natural environment by 70%. To achieve this goal, the law prohibits the use of the ten most popular single-use plastic items. They include: plastic plates, straws, cutlery, cotton swabs, balloon sticks, as well as polystyrene containers for food and drinks. Another important provision of the guideline is achieving the mandatory level of 77%. selective collection of bottles in 2025 and 90 percent by 2029. In addition, by 2023, plastic bottles placed on the market will be 25% made. from recycled material, and by 2030 – in 30 percent. The Extended Producer Responsibility system will oblige producers to pay for environmental cleaning processes of plastic waste.

Magdalena Wickowska: Journalist


1 / The bill is available on the RCL website at the link: #12777269

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