A loophole in the deposit system. Not all packaging is returnable.

• From October 1, 2025, a deposit-refund system will come into force in Poland.
• Not all packages will be subject to a deposit. If the producer wishes to distribute the beverages free of charge, they will be required to pay a deposit.
• If they want to save money, the beverage containers they distribute won't be marked with the deposit logo and won't be returnable. This could mean they end up in the environment.

Starting October 1st, when purchasing a beverage packaged with a special logo, a deposit will be added to the price at checkout . This deposit will be charged by all retail outlets, regardless of their size or business profile, if they offer beverages in packages covered by the system.

The deposit will be collected upon return of the packaging; a receipt will not be required. Packaging can be returned at any collection point – the obligation to collect packaging covered by the system applies to stores over 200 square meters, while small stores under 200 square meters can voluntarily join the system. Packaging should not be crushed before being returned to the collection point.

A requirement has been introduced to establish at least one stationary collection point for packaging and packaging waste covered by the deposit-refund system in each municipality . It will also be possible to establish collection points for empty packaging outside retail outlets.

The deposit applies to single-use plastic bottles up to 3 liters, metal cans up to 1 liter, and reusable glass bottles up to 1.5 liters (from January 1, 2026). Dairy product packaging and single-use glass bottles, among other items, are excluded from the system.

Recently, the Ministry of Climate and Environment also decided to regulate the issue of depositing beverage packaging provided free of charge.

As Dr. Krzysztof Hornicki, director of environmental protection at OK Operator Kaucyjny and member of the board of the National Chamber of Commerce "Przemysł Rozlewniczy" (Bottling Industry), points out, this is an important issue because producers of bottled water and beverages are commonly involved in charitable activities, sporting events, and local celebrations.

As a result, huge amounts of beverages are given away free of charge every year to people in need or participants of various events, which generates equally large amounts of packaging waste in the form of empty bottles and cans.

- Hornicki points out.

On the other hand - as the expert emphasizes - the current Act on the management of packaging and packaging waste clearly indicates that the deposit is collected only at the time of sale of the beverage in the package .

"Therefore, to strictly adhere to the legal provisions, all free beverage packaging that is not accompanied by a sales process and an accounting document confirming its sale should be excluded from the deposit-refund system. However, this would create a significant gap in the deposit-refund system being developed in our country and could also contribute to significant irregularities and even fraud," says Dr. Krzysztof Hornicki.

He adds that due to the lack of statutory provisions, the Ministry of Climate and Environment has addressed this issue in the content of some permits for operating the deposit-refund system. These are administrative decisions that enable the operation of system operators (so-called representative entities; there are seven of them in Poland) and regulate the principles for the creation and continued operation of individual deposit-refund systems.

- The permits include provisions indicating that in the case of free provision of packaged beverages, the entrepreneur introducing them to the market should calculate and pay the equivalent of the deposit directly to the representing entity with which it has concluded a cooperation agreement - says Hornicki.

This mechanism may apply in the following cases:

• free provision of packaged drinks to employees and colleagues, for example by providing drinks at meetings and gatherings;
• free donation of packaged drinks to food banks and other charitable purposes;
• free distribution of packaged drinks as part of lotteries, competitions and other events;
• free provision of packaged drink samples.

Therefore, operators will receive funding to manage all packaging waste, including that generated from free drinks .

As Dr. Hornicki says, it should be remembered that the same packaging waste is generated from beverage packaging provided free of charge as from that which is sold, so it is necessary to guarantee appropriate financing for its collection and recycling, in accordance with the principle of extended producer responsibility.

He rates the implemented solution as very good because it "will provide money for deposit payments to consumers and cover the costs of collections conducted at retail outlets." Distributing beverages to selected consumer groups cannot result in the creation of packaging waste, which will generate unfunded costs for society as a whole.

There is, however, a second option.

Businesses unwilling to bear the financial burden of providing beverages in packages free of charge will, based on clear legal provisions , place separate barcodes on their packaging, not registered in the nationwide deposit system database. As a result, the producer will not incur additional costs, but their bottles and cans will be rejected in deposit machines, and the consumer will not receive a deposit payment or any explanation for this.

This may result in consumer confusion and a decline in the popularity of a given beverage brand – especially among environmentally conscious people – as well as perpetuating the image of a company for which environmental protection is not a significant value.

- suggests our interlocutor.

As Krzysztof Hornicki emphasizes, the deposit-refund system enjoys significant support among Polish society, which is why "it should be treated as another signpost towards a circular economy, not an obstacle to be bypassed."