PPWR Compliance in Poland: NFOŚiGW, the New ROP Act & the 2026 Packaging Fee

PPWR Compliance in Poland: NFOŚiGW, the New ROP Act & the 2026 Packaging Fee

Poland is one of Central Europe's largest packaging markets and a critical manufacturing hub for brands serving the EU. In 2026, Polish producers and importers face a double disruption: the direct application of Regulation (EU) 2025/40 (the PPWR) from August 12, 2026, and a complete overhaul of Poland's national Extended Producer Responsibility system through the new Act on Packaging and Packaging Waste(the "ROP Act"), which transposes PPWR requirements and entrusts a single state-controlled PRO with managing producer contributions.

This guide explains how PPWR overlays onto the new Polish framework, what changes on January 1, 2026 and August 12, 2026, and what brands, importers, printers, and converters placing packaging on the Polish market must do right now.

Poland's New EPR (ROP) Act: A Revolution in the Packaging Market

After years of delays and infringement proceedings from the European Commission, Poland's parliament finalised its new Ustawa o opakowaniach i odpadach opakowaniowych (Act on Packaging and Packaging Waste) in 2025. The Act transposes the revised Waste Framework Directive, aligns the national regime with Regulation (EU) 2025/40, and, for the first time, introduces a mandatory packaging fee (opłata opakowaniowa) paid directly to the State Treasury.

The Act enters into force in two waves: key transitional provisions and the packaging fee apply from January 1, 2026, while the bulk of the new Extended Producer Responsibility regime starts on August 12, 2026, aligned with the PPWR's main application date. Full EPR operability — with detailed reporting obligations, eco-modulation, and audit controls — is expected to roll out through 2028.

A State-Run, Single-PRO Model

Unlike Germany's dual-systems market or France's CITEO model, Poland's new ROP Act creates a single state PRO: the National Fund for Environmental Protection and Water Management (NFOŚiGW — Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej). NFOŚiGW collects packaging fees, funds municipal collection, and reports to the Ministry of Climate and Environment. The private "recovery organisations" that previously competed for producer clients (Rekopol, Interseroh, Eko Cykl and others) are absorbed into a coordination role, not a commercial one.

The Packaging Fee (Opłata Opakowaniowa)

The headline mechanism of the ROP Act is a per-kilogram packaging fee payable by whoever first places packaging on the Polish market — typically the brand owner, importer or producer of the packaged product. The fee is phased in gradually to soften the cost shock on Polish industry:

Exact rates are set annually by ministerial decree. The Ministry of Climate has signalled starting rates around PLN 0.005 per package in 2026, rising through 2028. Fees are eco-modulated, meaning grade A and B packaging under PPWR will eventually attract lower charges, while grade D and E packaging (banned under PPWR from January 1, 2030) will face punitive surcharges before the ban kicks in.

How PPWR Overlays on the Polish ROP Act

Because PPWR is a regulation, not a directive, it applies directly without Polish transposition. The ROP Act does not replace PPWR — it complements it. Polish companies must comply with both regimes simultaneously.

• Heavy metals ban (Jan 1, 2026):Already in force — lead, mercury, cadmium and hexavalent chromium combined must stay below 100 mg/kg (PPWR Article 5 & Annex II)
• PFAS ban in food-contact packaging (Aug 12, 2026): Affects Polish meat processors, bakery producers, and pizza-box printers — a very large slice of the Central European packaging market
• Recyclability grades A–E (Aug 12, 2026): Every SKU must have an assigned grade based on Annex II assessment criteria. Grade D/E packaging banned from January 1, 2030; only grades A and B from 2038
• Declaration of Conformity (Article 39): Mandatory written DoC per packaging unit — the ROP Act does not replace this obligation, even though NFOŚiGW registration is separate
• Digital Product Passport (Aug 28, 2027): QR code linking to standardised DPP data with Polish-language sorting instructions
• Recycled content minimums (Jan 1, 2030): PET contact-sensitive 30%, PET non-contact 35%, other plastics 10% — rising to 50% across most categories by 2040

Poland-Specific Considerations

Deposit Return Scheme (System Kaucyjny)

Poland's deposit-return scheme for beverage containers went live on October 1, 2025, covering PET bottles up to 3 litres, reusable glass bottles up to 1.5 litres, and aluminium cans up to 1 litre. Retailers with sales areas above 200 m² must accept returns. This scheme pre-dates PPWR but counts toward the regulation's 90% separate collection target for single-use plastic bottles by 2029 (Article 43 PPWR).

Polish Plastic Tax and the SUP Levy

Poland introduced a separate levy on single-use plastic products (SUP levy) in 2024, distinct from the ROP packaging fee. Food-service operators and retailers pay PLN 0.20–0.25 per plastic cup or container sold to end consumers. This SUP levy remains in force and is not merged into the ROP Act — meaning operators in e-commerce food delivery and HORECA may face three overlapping cost streams: SUP levy, ROP packaging fee, and PPWR compliance costs.

Enforcement: GIOŚ and Customs

The Główny Inspektorat Ochrony Środowiska(GIOŚ — Chief Inspectorate of Environmental Protection) will be Poland's primary market surveillance authority for PPWR. Polish Customs (Krajowa Administracja Skarbowa) will screen incoming packaging at the border, blocking shipments lacking a valid DoC from August 12, 2026. Penalties under the ROP Act can reach up to PLN 1,000,000 per infringement, with PPWR Article 68 also requiring fines to be "effective, proportionate and dissuasive" — up to 4% of EU turnover for serious cases.

Compliance Roadmap for Companies on the Polish Market

Phase 1 — Now through December 2025 (Urgent)

• Conduct a packaging inventory — list every SKU placed on the Polish market, material composition, weight, and supplier
• Verify heavy metals compliance — collect supplier certificates showing Pb + Hg + Cd + Cr(VI) < 100 mg/kg (already mandatory)
• Identify PFAS-containing food-contact packaging and begin reformulation before August 2026
• Prepare for NFOŚiGW registration — the online portal opens in early 2026

Phase 2 — January 2026 to August 2026

• Register with NFOŚiGW and start paying the transitional packaging fee
• Assign PPWR recyclability grades (A–E) to every packaging unit
• Prepare Declarations of Conformity per Article 39 and Annex VIII
• Translate consumer sorting instructions into Polish — required for labelling compliance

Phase 3 — After August 12, 2026

• Generate DPP data structures ready for the August 28, 2027 deadline
• Plan redesign of grade D/E packaging before the January 1, 2030 ban
• Build recycled content supply contracts for PET and HDPE

Key Takeaways for Polish Companies

• Two parallel regimes: NFOŚiGW packaging fees and PPWR obligations are additive, not alternatives
• First deadline is January 1, 2026: Transitional packaging fee begins and heavy metals ban is already in force
• Food and HORECA operators face the steepest costs: PFAS ban, SUP levy, and packaging fee all overlap
• Eco-modulation rewards good design: Grade A/B packaging will cost less in fees from 2028 onwards
• GIOŚ enforcement is new: Expect border checks on imports from August 12, 2026

How PPWR Connect Helps Polish Companies

Managing two parallel compliance regimes — Poland's new ROP Act and the directly-applicable PPWR — in Excel spreadsheets is no longer realistic. PPWR Connect gives Polish brands, importers, printers and converters a single platform to inventory every SKU, assign recyclability grades, generate Declarations of Conformity, track supplier PFAS and recycled content certificates, and produce audit-ready reports for both NFOŚiGW and GIOŚ. With the transitional packaging fee already applying from January 1, 2026 and the main PPWR deadline only months away, starting now is the difference between a controlled rollout and a compliance fire drill.