The deposit bill has been postponed again – is it a good step?

From the beginning of work on the Bail Act – i.e. in 2023, when PiS was the parliamentary majority, two opposing views clashed around it. The voices of opponents of the act, demanding that it be thrown into the trash and that its entry into force be slowed down as much as possible, as well as those of supporters of implementing the system as quickly as possible. The opposition was and still is mainly from the municipal waste industry, opting for the regulations to come into force after the adoption of ROP, i.e. extended producer responsibility.

This system assumes the responsibility of importers, producers and distributors for products introduced to the market throughout their entire life cycle, i.e. until disposal or recycling. In this respect, refinancing of costs incurred in waste management is expected. The beverage industry is on the same side, for which postponing the implementation of the law is very beneficial.

“We see only advantages of this situation, apart from one disadvantage, which is that the decision was made half a year too late,” comments Andrzej Gantner, representing the Polish Federation of Food Producers, paying attention primarily to the challenges that small entrepreneurs from the trade industry and the entire industry would face. beverages and operators if the obligations set out in the current version of the Act came into force, as planned, in January 2025 in an unchanged form.

“As the beverage industry, we have been repeating from the very beginning of work on this act that the assumed deadline is unrealistic, especially if we take into account such a bad act that the previous government gave us.”

Gantner also emphasizes the need for time, pointing to the scale of the project and the fact that we are dealing with a demanding multi-operator system, and expresses satisfaction with Prime Minister Tusk’s decision:

“We are glad that someone listened to our demands, but also to those of trade. The sector continued to make clear that it was not ready. For everything to function properly, you also need to take into account small stores – the extent to which they are prepared. The system cannot favor only large commercial entities, i.e. stores with an area of ​​over 200 square meters. Otherwise, the smaller ones will lose some of their turnover. It takes time to organize the system, in this context.

However, we consider it crucial to adopt substantive amendments, and not just to postpone the date. These amendments will determine whether the deposit system is financially secure and economically sound for the drinks industry and operators, fraud-proof and consumer-friendly. Ultimately, we need to collect 18 billion packages a year and settle approximately 10 billion deposits down to the last penny. This is a huge commitment to the environment, as well as to society. The fact that the government finally noticed this and proposed both amendments and a postponement of the deadline is clearly very positive,” Gantner emphasized.

Social and environmental interest

On the other side, we have clear signals from society. Most studies indicate that as many as 90% of the population expects the introduction of the bail law as soon as possible. The later deadline for introducing the regulations means, on the one hand, high environmental costs, and on the other – real, very large money that flows today from our budget, and therefore de facto from taxpayers’ pockets. It is a system of communicating vessels. Calculations indicate that the so-called plastic tax, the amount of which is related to failure to meet EU standards in the field of waste management, costs Poland approximately PLN 2 billion per year. Such a significant amount could be easily reduced, as various calculations indicate, by up to PLN 800 million if the deposit system became operational. Each month of delay means significant financial losses.

Non-governmental organizations, among others, do not hide their disappointment.

“As representatives of civil society, we are deeply disappointed with this decision. All surveys show that nearly 90% of Poles are in favor of the entry into force of the deposit system. The decision to delay the introduction of the system shows the lack of a responsible position in the fight against climate change and care for the natural environment. If we continue with traditional approaches to production and consumption, carbon dioxide emissions will remain very high and littering of natural areas, such as forests and rivers, will continue. This is definitely a step backwards, stopping efforts to introduce a circular economy,” notes Joanna Kądziołka, president of the Polish Zero Waste Association.

In fact, in this matter, MPs seem to listen more to the voice of large companies, significant producers on the market, than to the voice of society. Postponing the deadline for the introduction of the Deposit Act is certainly a clear success of their lobbying, and it cannot be denied that it will cause chaos and disorganization if the earlier deadlines are maintained.

However, there are also voices in the discussion that some compromise has been reached in this respect. Taking into account the worst-case scenario, i.e. “deletion” of the entire act at this stage, there would be a significant delay in the introduction of the deposit system in Poland. Experts and co-creators of the waste management market even talk about the perspective of 3-4 years.

“If we take into account the alternatives appearing in the media, such as canceling the act passed in the previous term, this is a decision that I assess positively. It certainly brings calm to the market. I hope that the Prime Minister’s decision will end the disputes in the coalition and the amendments will be adopted in the wording proposed by the Chancellery of the Prime Minister,” emphasizes Filip Piotrowski, an expert on circular economy.

Changing the system launch date itself doesn’t change much either. Large beverage producers, representing nearly 80% of the beverage market in Poland, announced that they would enter the deposit system only after the technological break following the holidays, during which most beverages are sold. Therefore, postponing the launch of the deposit-refund system to October 1, 2025, from an environmental point of view, does not change much of how much packaging will be collected in the system in 2025.

“It is certainly much better than moving the date to an even later date, i.e. January 2026 or 2027, as lobbied by the waste industry and local governments. Such a decision would mean another year or two of polluting the environment with beverage packaging,” Piotrowski notes.

The dividing line, as is often the case, is between public interest and benefits for large companies. On the one hand, we have a reduction in EU fines, sustainable development and a faster path to a clean environment. Secondly, the interest of the beverage industry, which, like trade, will be most burdened by the deposit system. Let’s hope that the October date is the final one and that financial interests will not overshadow the goal that is certainly common to all.