Glass bottles (also) outside the deposit-refund scheme | In Principle

The deposit-refund scheme formally launched in Poland on 1 October 2025, but after just a couple of months lawmakers recognised that the system needed changes. The amendment of 9 January 2026 enables the further functioning of existing systems for collection of reusable glass bottles.

Rules for operation of the deposit-refund scheme

Work on introducing a deposit-refund scheme in Poland formally commenced in 2023, although it was already known in 2019 that such a system had to be introduced. This is because Art. 9 of the Single-Use Plastics Directive (Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment) requires EU member states to achieve high levels of collection of beverage containers. We reported more broadly on these issues in the article “A deposit-refund scheme is on the way.”

The result of these efforts was adoption of the act introducing the deposit-refund system in Poland (Act of 13 July 2023 Amending the Packaging and Packaging Waste Management Act and Certain Other Acts), which was supposed to launch on 1 January 2025. But even then numerous objections were being raised against the Polish regulations, such as the too-brief grace period to prepare for the new system, doubts concerning settlement of VAT, and the erroneous designation of the range of packaging covered by the new regulations.

With the change in government following the elections in October 2023, the debate over the shape of the deposit-refund system in Poland resurfaced. Public consultations raged in the first quarter of 2024, as we discussed in the article “What form will the deposit-refund scheme take?”

The new government took a long time presenting its proposal for changes, however, and the news of its legislative intentions generated doubts among businesses and consumers. Until the end of 2024 it was not known when and in what form the deposit-refund scheme would launch in Poland. Finally, work on the amendment sped up in November and December 2024, culminating in signing of the new law (Act of 21 November 2024 Amending the Packaging and Packaging Waste Management Act and Certain Other Acts) by the President of Poland on 18 December 2024—less than two weeks before the planned start date of the original scheme.

The November 2024 amendment postponed the inauguration of the deposit-refund scheme and made many other changes, including changes in how the deposits should be accounted for, the rules for issuing licences to operate a deposit-refund system, and the types of packages covered by the scheme (packaging from dairy beverages was excluded).

Finally the deposit-refund scheme launched on 1 October 2025, but it still raised numerous doubts. Some of the objections involved the coverage of reusable glass bottles, which some businesses had already been collecting voluntarily in their own systems. Under the November 2024 amendment, such voluntary systems were supposed to cease operations on 31 December 2025, but ultimately they will be allowed to keep functioning at least until 31 December 2028.

What will change

A few months after rollout of the deposit-refund system, lawmakers recognised that the rules enacted for operation of the system required further changes. Consequently, a modification was adopted involving reusable glass bottles of up to 1.5 litres. These had previously been included in the deposit-refund scheme, meaning that businesses introducing such bottles, or products in such bottles, onto the market were required to conclude a contract with a representative entity (operating a deposit-refund system) and to collect a deposit from consumers.

But with the President’s signing of a further amendment (Act of 9 January 2026 Amending the Packaging and Packaging Waste Management Act and Certain Other Acts), these rules changed, so that introducers of reusable glass bottles will be allowed to achieve the required collection levels within the deposit-refund scheme or independently, under a packaging collection system created and maintained by themselves.

Thus, in practice, a significant portion of glass bottles will remain outside the deposit-refund scheme, but will be collected selectively within existing systems operated by introducers. Under the adopted amendment, such voluntary systems will be allowed to function through the end of 2028, although it is necessary to notify the Minister of Climate and Environment of the intention to continue operating such a system by 31 March 2026. Starting 1 January 2029, it will be mandatory for introducers of reusable glass bottles to join the deposit-refund system.

Crucially from the perspective of stores (or more precisely, undertakings operating retail or wholesale units), if they offer products (beverages) to end users in packaging covered by such a voluntary collection system, they will also have to accept returns of empty packages from the beverages they offer, and return the cash they have collected. Importantly, the end user does not have to present proof of purchase.

Summary

The recently adopted changes in Poland’s nascent deposit-refund scheme are undoubtedly advantageous from the perspective of businesses which have operated voluntary collection systems for years, investing in their own infrastructure and achieving high collection levels.

On one hand, these changes should also not negatively impact consumers, who will still be able to return glass bottles and get back the deposit they have already paid, without showing proof of purchase.

On the other hand, the amendment leads to a situation where alongside the main deposit-refund scheme, numerous alternative systems will function with respect to some glass bottles, which causes problems for consumers. For example, not all glass bottles will be accepted by all stores.

Meanwhile, there aren’t any clear campaigns in the public space to help consumers understand the adopted changes and the rules for operation of the overall deposit-refund scheme. Consequently, it might turn out that the laudable and ambitious environmental targets will not be achieved, and consumers will be discouraged from returning packaging.

Once again, the legislative method for processing the changes is disturbing. As the need to introduce a deposit-refund scheme was already being discussed in 2019, and formal proposals were presented in 2023, it is unacceptable that the regulations have had to be amended yet again. Moreover, these modifications were made just a few months after the formal rollout of the deposit-refund scheme, which suggests that the latest change is unrelated to any evaluation of the functioning of the system—as the scheme has hardly been in place long enough to conduct such an assessment. Meanwhile, arguments for maintaining existing collection systems had been asserted by some businesses from the very start of work on the legislation introducing a deposit-refund scheme in Poland.

It is also unclear why some postulates for the deposit-refund system have been consistently rejected by lawmakers. For example, single-use glass packaging, particularly the small liquor bottles called “monkeys” (małpki), will still remain outside the deposit-refund scheme. And according to the Ministry of Climate and Environment, there are no plans to take up any legislative initiatives in this area in the near future.

Businesses continue to call for further changes, such as exempting pharmacies and certain shops from the duty to collect packaging, but it is unknown whether these demands will be taken up in the near future by lawmakers.

Karol Maćkowiak, Environment practice, Wardyński & Partners