The Polish Union of Processors of Plastics appeals to take dialogue and develop guidelines for qualification of products and packaging of plastics as products and packaging of reusable use.
WIOŚ inspects producers of plastics
In last months entrepreneurs being producers or importers of products from plastics , offered as products of multiple use, became the subject of numerous inspections from provincial inspectors of environmental protection (WIOŚ). These inspections are conducted at the order of the General Inspector of Environmental Protection (GIOŚ) and have the task of verifying whether entrepreneurs do not permit breaches of regulations introduced by the Act of April 14 2023 . about the amendment of the law on the obligations of entrepreneurs in the management of some waste and of product charges and some other laws (“Law SUP”) -. informs PZPTS.
This Law implemented into the Polish legal order the so-called. Directive SUP, whose objective is to restrict the use of specified products of reusable plastics and finally restrict the quantity of waste generated from those products which pollute the environment every year, especially the sea, in the European Union.
Implementing Directive SUP, the Poland Law introduces a series of restrictions on products and packaging made of plastics. These restrictions include both:
- the prohibition on introducing into trading specified products of single use from plastics (such as such, talers or straws) or
- the necessity for entities to enter into trading other products of single use from plastics to cover specified costs of management of their waste – this includes many such as cups and plastics . cups for beverages, containers for beverages or food, among others.
SUP does not apply to packages of multiple use
The above restrictions do apply to products or packaging, which are made of plastics, but are products or packaging of repeated use. Therefore now the control authorities, acting at the request of the GIA, control whether entrepreneurs introducing into trading specified products of multiple use do not permit attempts to circumvent the SUP Act inappropriately assigning such qualification to products (packaging) of single use.
As we read in the appeal, each PZPTS condemns any activity that constitutes an attempt tocircumvention of applicable legislation and confirms, that control actions are necessary, that in cases of inspections related to compliance with the SUP Act, PZPTS observes not concerned:
- questioning the qualification of products from plastics as those of multiple use despite the submission by controlled entrepreneurs of extensive evidence confirming, that the offered by their products are suitable for repeated use,
how and
- differences in practice of recognizing products (packaging) as repeatable use between different control authorities.
The above results first and foremost from inadequatedefinition of the prerequisites for recognizing products as those of multiple use in the law, as and the
absence of applicable guidelines and practices in this area.
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According to the best knowledge of PTS, entrepreneurs introducing products are in many aspects of their self, a in concern about the lack of clear guidelines, took an attempt to shape good market practices and standards, while doing due care. In the directly dependent on yourself, they have decided to incur huge personal and monetary in the purpose of developing new multiple products and/or adapting existing products to new ones, unclear requirements of the SUP Act. These activities however have been challenged in the inspections conducted, therefore PZPTS desires to draw the attention of relevant entities to the existing problem and its eventual impact on the plastics industry as and the whole country -. we read in the statement.
Current status legal. What does not provide the regulations
Both Directive SUP, and Act SUP, does define the concept of multiple use products, which are not covered by the restrictions resulting from w. regulations. Both acts of law include only the definition of what is the product of single use (vide 2 pct 9eLaw SUP) – which is subject to restrictions arising from the legislation. From this last definition, inferring a contrario, it may be inferred, that as a product of multiple use it should be recognized as that product, which “[….] has been designed, designed and introduced into marketing, so that it would achieve in the frame of its life cycle multiple use by returning it to the purpose of re-filling or re- use for the same purpose, for which it was originally intended.”
As states PZPTS, the regulations do not define, how to assess whether a given product (packaging) meets the prerequisites allowing the recognition of a given product or packaging for multiple use.
The obligation to prove the above rests on the entrepreneur, who introduces a given product of plastic into marketing, but the lack of proof will lead to the risk of imposing tough penalties – reaching even half million zlotys. The entrepreneur does not have any set of universal guidelines, which would help him to make this key assessment – the organization stresses.
– The actual use of the product is decided in practice by the end user or consumer, on which
the introducer does not have any influence and does dispose of any controlling tool, while the behavior of
the end user or consumer exposes the introducer to legal consequences, which result from causes dependent
on him (ultimate behavior of the user or consumer).
In the case of products being packaged (covered by the SUP Act) it may be helpful to provide packaging regulations, such as and standard PN-EN 13429:2004, although it has one limited application to products that are not packaged (such as e.g. snips or straws).
Practice of other countries shows, that it is reasonable to define the prerequisites for recognizing products as repeatable use other than those for packaging – read further in the  statement;PZPTS.
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Practical implications of the current legal
Assessment whether a given product (packaging) of artificial plastics should be recognized as a product (packaging) repeated use on the entrepreneur, which introduces a given product in the market in Poland, though the actual use of the product is determined by the end user or consumer, on which the introducer does not have any influence and does dispose of any control tool.
– The initiator not having power over entities dependent on him, cannot be accountable for the actions of those entities. The lack of clear guidelines for this qualification and the resulting from this uncertainty about whether the made by this qualification will be questioned by the controlling authority, may lead to situations, where entrepreneurs will qualify their products, which meet the criteria for recognition as products for repeated use, as products for only after that, to avoid the risk of later questioning this classification by control authorities and imposing monetary punishments. This from the course will lead to a situation contrary to the objectives, which guided the introduction of Directive SUP – argues PZPTS.
The adoption of Directive SUP (and the implementation of its Polish SUP Act) had the purpose of reducing the number of single-use products entering the circulation in the EU, as and products from their waste. Thus in the situation, when entrepreneurs adopt the described above pragmatic approach (inclining to qualify products from plastics as these one-time use, to avoid eventual penalties):
- the number of reusable use products injected in trading in Poland – reported to KE – will increase in next years; these data will not represent the reality (because they will result from the cautious approach of entrepreneurs), but they still may be used to imposeonPoland,thatdoesnotinimplementtheobjectivesfrom DirectivesSUP;
- usersofproductsreceiveinformation,thattheproductshouldbe treatedaswastealreadyafteroneofitsuse,although-consideringitsactualproperties-itcouldbeusedmultiple times(whichwouldreducethequantityofproductsproducedfromplastics).
PTSPappealstoimmediatelystartawidespreaddialoguebetweentheMinistryofClimateandEnvironment(MKiŚ),GGIOŚandotherinterestedauthoritiesand entities,incooperationwithmarketrepresentativesassociatedinPZTPS.
TheDialogueistodevelopguidelines,whichwouldclearlydetermine:whatprerequisitesmustbefulfilledbytheproductofartificial materials,tobequalifiedasaproductofreusableuseintheunderstandingoftheSUP Act;whatdocuments(includingthislaboratoryandtests)shouldbeavailabletothe entrepreneur,todemonstratetothecontrolling authority,thattheinputbyhimintotradingtheproductofplasticsisreusableandthereforeisnotsubjecttotheSUP Act.
