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Doktór Jerszyński Pietras
Adwokaci i Radcowie Prawni
Spółka Komandytowa

Corporate, M&A, Deposit Return Scheme

Deposit return scheme operator agreements — four key clauses shops must check

Signing an agreement with a deposit return scheme operator is one of the most important obligations the new regulations impose on retailers. Its terms will affect cash flow, the cost of financing collection and day-to-day…

Deposit return scheme operator agreements — four key clauses shops must check
Translated from Polish.Read the Polish original

Signing an agreement with a deposit return scheme operator is one of the most important obligations the new regulations impose on retailers. Its terms will affect cash flow, the cost of financing collection and day-to-day operations. Particular attention should be paid to the following four clauses:

  • Deposit settlement methods and deadlines: The agreement should specify precisely how quickly the operator will reimburse deposits paid out to customers by the retailer, as this is essential to maintaining liquidity.
  • Security for settlements: The agreement should include financial security for the retailer’s claims, protecting the retailer against losses if the scheme operator encounters financial difficulties.
  • Financing collection costs: The operator must finance the costs of collecting packaging and packaging waste incurred by the retailer in organising a collection point. The agreement should clearly define the financial settlement rules.
  • Logistics and collection frequency: The agreement should regulate how often collected packaging is picked up and protect retailers against collection areas becoming overfilled.

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Retailers offering beverages in deposit-bearing packaging must join the deposit return scheme. The scope of participation depends on their sales area. Retailers with a sales area of < 200 m2 must join at least for the purposes of charging deposits and accepting reusable glass bottles from customers and refunding deposits on those bottles. Retailers with a sales area of > 200 m2 must also join for the purposes of accepting all other packaging covered by the scheme from customers and refunding deposits on it.

The introduction of the deposit return scheme offers small shops a real opportunity to increase turnover. Consumers, particularly those with limited space at home, will seek conveniently located return points to reclaim their deposits. Small shops choosing to accept all types of packaging can expect increased customer traffic, creating an additional opportunity to boost sales.

Would you like to understand the full legal context? All the details are available in our main guide: The deposit return scheme in Poland – a guide for business.

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