The successive weeks since the deposit return scheme began have been particularly important for how it will operate in future. As the transitional period draws to a close, consumers are encountering the scheme more frequently and businesses must implement appropriate procedures. This article describes the final weeks before full implementation and the legislative issues that have entered public debate.
Initial experience with the deposit return scheme
Packaging bearing the deposit symbol is appearing in shops increasingly often. As expected, stocks of old packaging are gradually running out and being replaced with packaging covered by the scheme. Customers are also becoming better informed, and active participation is increasing. According to research commissioned by Kaufland Polska at the end of November[1], around 70% of respondents said they could recognise packaging bearing the characteristic symbol. As many as 46% actively looked for the new packaging on shelves. However, because relatively few labelled products were still in circulation, 70% said they had not yet had an opportunity to return packaging.
Shops are also showing considerable commitment. Reverse vending machines are increasingly visible near checkouts and entrances, and individual chains declare their readiness for full implementation. Another example is the offer from Kaucja.pl — Krajowy System Kaucyjny (“Kaucja.pl”)[2]. It targets small businesses, particularly shops with a sales area below 200 m². The current rules clearly require both shops collecting packaging and those not collecting it to charge deposits and report sales of covered packaging. Kaucja.pl’s initiative aims to help small businesses meet these obligations through a simple reporting system: monthly packaging sales reports and a single annual report.
Uncertainty over breweries’ obligations
The new provisions have brought interpretative difficulties and disputes. Media attention has focused particularly on one brewing group obtaining an interpretation that it need not join the scheme for collecting reusable glass bottles.
Some brewing industry representatives argue that their own bottle collection arrangements mean they are not obliged to join. The Marshal of Mazowieckie Province agreed in an individual interpretation issued under Article 34 of the Entrepreneurs’ Law. The Ministry of Climate and Environment disagreed and announced that it would amend the legislation if necessary. The issue is particularly important because it presents a potential way to “bypass” the scheme and its obligations. We discuss the dispute in greater detail in a separate article on our blog.
The scheme’s first months show that consumers are aware of the new rules and shops are gradually adapting. This period has also exposed legislative gaps which may lead to amendments. Developments should therefore be monitored continuously: the coming months will be crucial in determining how the deposit return scheme operates.
[1] https://biznes.gazetaprawna.pl/artykuly/10600326,system-kaucyjny-pierwsze-doswiadczenia-i-wielka-zmiana.html
[2] https://www.handelextra.pl/handel/detal/system-kaucyjny-kaucja.pl-277873
