Product regulation and compliance update series

ESPR: ban on the destruction of unsold apparel and footwear applies from 19 July 2026

On 19 July 2026, the EU ban on the destruction of unsold clothing, clothing accessories and footwear by large enterprises came into force. The ban is one of the first measures implemented under the Ecodesign for Sustainable Products Regulation (ESPR).

Context

The ESPR establishes an EU framework aimed at enhancing the durability, repairability, recyclability and resource efficiency of products. The ban is intended to limit the disposal of new, usable goods and support their reuse. The detailed list of exemptions and the conditions for applying them are set out in Commission Delegated Regulation (EU) 2026/296 of 9 February 2026.

Key principles

Enterprises should first seek ways to make further use of unsold products, in particular by selling, donating, repairing, refurbishing or preparing them for reuse. Products may be destroyed only in strictly defined circumstances, including where:

• it poses a risk to health or safety,
• it infringes intellectual property rights,
• it is not suitable for repair or refurbishment, or
• its destruction is required by law.

An exception may also apply following an unsuccessful attempt to transfer the products to social economy entities. Enterprises relying on an exemption will be required to document the reasons for destruction, publish annual information on the treatment of unsold goods, and retain the relevant documentation for five years.

Entities covered by the ESPR

The ban applies to large enterprises holding unsold consumer goods falling within the specified categories of textiles and footwear. In practice, the obligations may apply to manufacturers, importers, distributors and retailers of clothing, clothing accessories and footwear, provided they qualify as large enterprises.

Next steps

The ban applies to large enterprises with more than 250 employees from 19 July 2026. From 19 July 2030, it will be extended to medium-sized enterprises with between 50 and 250 employees. Micro and small enterprises are exempt from the ban.

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ESPR: launch of the digital product passport register

On 20 July 2026, the European Commission launched the digital product passport register, together with a testing environment. The register forms part of the Digital Product Passport (DPP) system established under Regulation (EU) 2024/1781 on ecodesign for sustainable products (ESPR).

Context

The DPP is intended to make product information available in digital form. The system is designed to increase supply-chain transparency, help consumers make informed decisions, and support evidence of product compliance with requirements applicable in the internal market.

Key principles

The register enables the registration of unique product identifiers and associated metadata. Product data will be stored in a decentralised manner, whilst each digital product passport will require registration in the central register. Registration may be completed through a secure user interface or an application programming interface (API), enabling businesses to integrate the process into their own IT systems.

Economic operators will be able to obtain electronic confirmation of registration for use as evidence of product compliance, particularly in business-to-business relationships. The register also includes user verification, access-management and activity-logging mechanisms. A free repository containing data models, definitions and vocabularies for individual product groups has been made available to economic operators. 

The system is supplemented by standards relating to unique identifiers, interoperability, data carriers, APIs, data-exchange protocols and data storage. Six of the eight standards developed have already been published by national standardisation bodies.

Entities subject to the ESPR

The obligation to register DPPs will apply to economic operators placing products on the EU market that are subject to DPP requirements. This includes, in particular, manufacturers and importers of textiles, steel and aluminium, tyres, furniture, ICT products, energy-related products and certain large batteries. The system will also be used for selected construction products, toys, detergents and surfactants intended for end users where the DPP obligation follows from the relevant sector-specific legislation.

Next steps

The register is currently in the testing phase. The first deadline for registering DPPs is 18 February 2027 and applies to certain categories of large batteries.

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EUDR: new guidelines on deforestation-free products

On 20 July 2026, the third edition of the guidelines on Regulation (EU) 2023/1115 on deforestation-free products, known as the EUDR, was published in the Official Journal of the European Commission. The document clarifies, among other things, the scope of obligations for supply-chain participants, due diligence principles, transition periods, and the classification of packaging, recycled products and composite products.

Context

The EUDR regulates the placing on the EU market, making available on the EU market, and exporting of specified products associated with cattle, cocoa, coffee, oil palm, rubber, soya and wood. The third edition reflects the revised application timetable and new categories of supply-chain participants.

Key principles

• Implementation dates. The main EUDR obligations will apply from 30 December 2026. Separate transitional rules apply to wood and wood products previously covered by the EUDR.
• Roles in the supply chain. The status of an operator, a downstream operator or a trader must be determined separately for each product. The same enterprise may fulfil different roles depending on the specific transaction.
• Due diligence. The procedure involves gathering information and documents, carrying out a risk assessment and, where necessary, implementing risk-mitigation measures. Products may be placed on the market or exported if the risk of non-compliance is non-existent or negligible.
• Scope of products. The guidelines clarify the rules applicable to packaging, recycled products and composite products. Packaging used solely to protect or transport another product is generally outside the scope of the EUDR, while products made entirely from waste or recovered material may benefit from an exemption.
• Certificates and third-party verification schemes may support risk assessment, but they do not replace the obligations of due diligence or the trader’s responsibility for product compliance.
• System review. The due diligence system should be reviewed at least once a year and updated whenever new information becomes available that may affect its effectiveness. Records of reviews and changes must be retained for five years.

Entities covered by the guidelines

The guidelines are relevant to businesses that first place EUDR goods and products on the EU market, export them, manufacture derived products, or make products available at later stages of the supply chain.

Next steps

The main EUDR obligations will apply from 30 December 2026. The Commission has also announced repositories of relevant legislation in countries of production and of certification schemes.

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European Commission guidelines on the removability and replaceability of portable batteries and LMT batteries

On 14 July 2026, guidelines on the application of Regulation (EU) 2023/1542 concerning batteries and waste batteries was published on the website of the European Commission. The document explains the obligations relating to the removability and replaceability of portable batteries and batteries for light means of transport (LMT), which will apply from 18 February 2027.

Context

Regulation (EU) 2023/1542 requires portable batteries incorporated into products to be readily removable and replaceable by end users as a general rule. In the case of LMT batteries, removal and replacement must be possible by independent professionals and the requirement also extends to individual cells contained in a battery pack.

Key principles

• a portable battery should be capable of being safely removed and replaced by the end-user using commonly available tools;
• for certain products, including devices intended for use in wet environments, selected medical devices and wearable devices, battery replacement may be entrusted to an independent specialist;
• an exemption from the replaceability requirement may apply where a permanent connection between the battery and the product is necessary for safety or data integrity reasons;
• products should allow for the use of both original and compatible batteries, and the software must not hinder their replacement;
• portable batteries and LMT batteries should be available as spare parts for at least five years from the date the last unit of a given device model was placed on the market.

Entities covered by the guidelines

The guidelines are relevant to manufacturers, importers and other operators placing on the market products containing portable or LMT batteries. They apply to a broad range of products, including electronic equipment, wearable devices, selected medical devices, household appliances, safety-related products and light means of transport such as electric bicycles and scooters.

Next steps

The requirements set out in Article 11 of Regulation (EU) 2023/1542 will apply from 18 February 2027. They will not apply to products containing portable or LMT batteries that were placed on the market before that date.

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Draft amendments to EU rules on organic products

On 14 July 2026, the European Parliament’s Committee on Agriculture and Rural Development adopted its position on draft amendments to EU rules governing the production, labelling, certification and trade of organic products, as published on the European Parliament’s website. The draft aims to clarify the rules on the use of the EU organic production logo and simplify certain requirements applicable to producers.

Context

The draft follows the judgment of the Court of Justice of the European Union of 4 October 2024, according to which imported products recognised as organic on the basis of equivalent standards may not bear the EU organic production logo. The proposed amendments are intended to make the labelling rules for imported products more transparent, limit the risk of trade disruption, and ensure a level playing field for entities in the EU and third countries.

Key principles

In accordance with the Committee’s position, the EU organic production logo may be used on products imported from third countries only if they meet equivalent standards and additional production and control requirements. This is intended to cover labelling, presentation and advertising.

The draft also extends the certification exemption for small enterprises selling unpackaged organic products directly to consumers. The annual turnover threshold for the exemption would increase from EUR 20,000 to EUR 25,000, while the permitted sales volume would increase from 5,000 kg to 10,000 kg per year. The amendments would also cover requirements for buildings housing poultry reared for meat and daytime access to open-air areas.

Entities covered by the draft

The draft is relevant to producers, importers, distributors and retailers of organic products, including operators importing such products from third countries and using the EU organic production logo in their labelling or advertising.

Next steps

The Committee on Agriculture and Rural Development supported the opening of negotiations with the Council of the European Union. This will be put to a vote in the European Parliament’s plenary session. The co-legislators intend to reach agreement before the end of 2026, as the current provisions governing imports of organic products expire on 31 December 2026.

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Bill on Packaging and Packaging Waste and the new EPR system

On 8 July 2026, a new version of the Bill on Packaging and Packaging Waste was published on the website of the Government Legislation Centre. The Bill aims to ensure the implementation in Poland of Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) and to introduce a new model of extended producer responsibility (EPR).

Context

The PPWR sets out requirements covering the entire life cycle of packaging, including its design, labelling, reuse, collection and recycling. Most of its provisions will apply directly from 12 August 2026. The Bill is intended to designate the competent authorities, set out national procedures, establish rules for supervision and sanctions, and align the Polish EPR scheme with EU law.

According to the proponents of the Bill, the current system does not provide adequate financing for the separate collection and transport of household packaging waste. These costs are currently borne primarily by residents through municipal waste-management charges.

Key principles

• establishing a state Organisation of EPR for Packaging, with the National Fund for Environmental Protection and Water Management (NFOŚiGW) performing this function;
• introducing a quarterly packaging fee payable for each kilogram of packaging covered by the EPR system, with a maximum rate of PLN 4.50 per kilogram;
• differentiating packaging-fee rates according to, among other things, the material category and recyclability performance class, with the option of taking into account durability, reusability, recyclability, recycled content and the presence of hazardous substances;
• paying a packaging fee to the relevant provincial governor (in Polish: marszałek województwa), followed by the transfer of funds to the NFOŚiGW;
• using the proceeds of the fee to finance the separate collection, transport and treatment of packaging waste, public education campaigns, and infrastructure investment;
• keeping packaging records and submitting quarterly EPR information and annual EPR reports through the Database on Products and Packaging and on Waste Management;
• allowing a producer to perform its EPR obligations independently after obtaining authorisation;
• designating the Trade Inspection Authority as the market-surveillance authority for PPWR requirements, while retaining the Environmental Protection Inspectorate’s powers in relation to waste management;
• aligning the provisions on single-use plastic products, the SUP fee, the recycling fee, reuse systems, and the deposit-return scheme;
• introducing administrative fines for breaches of the provisions of the PPWR and the newly enacted legislation.

The current version of the Bill retains the basic EPR model, under which the National Fund for Environmental Protection and Water Management (NFOŚiGW) acts as the state Organisation of EPR for Packaging. It clarifies, in particular, the rules for allocating funds, the obligations of local authorities, control and reporting mechanisms, the transitional period, and selected provisions concerning the deposit-return scheme, the single-use plastic (SUP) fee and the recycling fee.

Entities covered by the Bill

The Bill applies in particular to manufacturers, importers and distributors making packaging or packaged products available for the first time in the territory of Poland , including through distance selling. It also covers retailers and wholesalers, entities in the HoReCa sector, operators of deposit-refund and reuse schemes, businesses offering single-use plastic products, and entities involved in the collection, sorting and recycling of packaging waste.

Next steps

The Bill is currently at the stage of government legislative work. The new EPR system is to be introduced gradually. In 2027, it is expected to continue operating broadly under the existing rules, supplemented by the measures required under the PPWR. The new model is scheduled to become fully operational on 1 January 2029. From that date, the existing product fee for packaging and the obligation for producers paying the packaging fee to achieve individual recycling targets are to be abolished. Obligations arising before 1 January 2029 will be settled under the existing rules.

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Bill amending the Act on Waste Electrical and Electronic Equipment and certain other acts

On 6 July 2026, a new version of the Bill amending the Act on Waste Electrical and Electronic Equipment and certain other acts was published on the website of the Government Legislation Centre. The Bill amends the rules for financing the management of certain types of e-waste, extends the role of the authorised representative, and regulates the status of car parts intended for remanufacturing.

Context

The Bill implements Directive (EU) 2024/884, adopted following the CJEU judgment in Case C-181/20 concerning the retroactive imposition of the costs of managing waste photovoltaic panels on producers. It also addresses the European Commission’s objections regarding the absence of the institution of an authorised representative in certain Polish regulations concerning extended producer responsibility.

Key provisions

• New cut-off dates for the financing of e-waste. The proposed dates are 1 January 2016 for photovoltaic panels and 1 January 2018 for equipment not listed in Annex 6 to the Act on Waste Electrical and Electronic Equipment.. The measure is intended to prevent retroactive financial obligations for producers.
• Change in responsibility for older equipment for professional use. If such equipment is not replaced by a new device of the same type or with the same functions, the costs of its collection and treatment will be borne by the user.
• Transfer of waste by intermediaries. Waste resulting from the dismantling of worn out equipment may be transferred for recycling directly or through another waste holder.
• Regulation of the remanufacturing of automotive parts. Parts removed from vehicles will not constitute waste if they meet the criteria for acceptance for remanufacturing, are not corroded to the extent that their structure is compromised, and are properly stored, secured and documented during transport.
• Extension of the institution of authorised representative. Foreign importers of vehicles, batteries and accumulators, and packaged products will be able to appoint a representative responsible for fulfilling their obligations in Poland. In the case of direct distance sales of batteries, accumulators or packaged products, the appointment of such a representative will be mandatory.
• Registration and liability of the representative. An authorised representative will be subject to entry in the Database on Products and Packaging and on Waste Management (BDO), record-keeping and reporting obligations, and the liability applicable to an importer.
• Exemption for domestic distributors. A Polish distributor may be exempted from statutory obligations if the authorised representative of the foreign supplier is registered in the BDO and has received the information necessary to fulfil those obligations.
• Financial penalties. The lack of a mandatory authorised representative for distance selling will be punishable by a fine of between PLN10,000 and500,000.

Entities covered by the Bill

The Bill will primarily cover entities placing electrical and electronic equipment, vehicles, batteries and accumulators, and packaged goods on the market. The Bill will also be relevant to foreign online retailers, domestic distributors, potential authorised representatives, users of equipment for professional use, and businesses involved in the remanufacturing of automotive parts.

Next steps

The Bill is currently being considered by the Standing Committee of the Council of Ministers. According to its provisions, the main part of the new act will come into force 14 days after its publication in the Journal of Laws. The provisions concerning authorised representatives, amendments to the BDO, and related penalties are to apply from 1 January 2027.

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Bill amending the Act on the Commercial Quality of Agri-food Products and certain other acts

On 17 July 2026, the Sejm (the lower house of the Polish Parliament) adopted the government bill amending the Act on the Commercial Quality of Agri-food Products and certain other acts. The legislation is intended to align Polish law with EU law and strengthen the supervision of food quality and labelling, including food offered online.

Context

The Bill aims to implement EU regulations concerning marketing standards for agri-food products, in particular fruit and vegetables, processed fruit and vegetable products, bananas and olive oil. It also provides for the transfer of some of the regulations concerning the fruit and vegetable market to the Act on the Commercial Quality of Agri-food Products, in order to harmonise the rules governing inspections carried out by the Inspectorate for the Commercial Quality of Agri-food Products (IJHARS).

Key solutions

The Bill extends the powers of the IJHARS to monitor information on agri-food products provided to consumers online, in advertisements and in other commercial materials. The IJHARS will be able to require online marketplace providers to supply information enabling the identification of businesses offering products.

It also introduces criminal liability for intentionally placing adulterated agri-food products on the market. Further amendments concern controls of products imported from third countries, the provision of market data, and egg labelling. Fruit and vegetables sold directly by a producer to consumers on the local retail market will be exempt from selected marketing standards.

Entities covered by the Bill

The Bill is relevant to producers, importers, distributors and retailers of agri-food products, including businesses selling food online. It also covers providers of online trading platforms, egg producers and packers, entities importing food products from third countries, and businesses required to provide information on prices and the situation on agricultural markets.

Next steps

Following its adoption by the Sejm, the Bill was submitted to the Senate (the upper house of the Polish Parliament). It is scheduled to be considered at the Senate sitting on 5-7 August 2026.

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Bill amending the Act on Combatting Unfair Market Practices and the Act on Consumer Rights

On 10 July 2026, the Sejm (the lower house of the Polish Parliament) published information confirming receipt of the government Bill amending the Act on Combatting Unfair Market Practices and the Act on Consumer Rights.

Context

The Bill transposes Directive (EU) 2024/825, which seeks to empower consumers for the green transition, in particular by restricting greenwashing and improving information on product durability, repairability and updates.

Key principles

• Definition of an environmental claim. This will cover voluntary commercial communications, including labelling, product names, texts, graphics and symbols, suggesting a specific environmental impact of a product, brand or trader. Terms such as ‘eco-friendly’, ‘green’ and ‘climate-friendly’ will be prohibited unless the trader can demonstrate recognised high environmental effectiveness relevant to the claim in question.
• Greater transparency in product comparisons. Traders comparing products in terms of environmental characteristics, durability or repairability will have to disclose the method of comparison, its scope and how the information is updated.
• New bans concerning durability and repairability. Prohibited practices will include false claims concerning product durability or repairability and prompting consumers to replace materials earlier than technically necessary.
• New rules concerning software updates. It will be prohibited to conceal the negative impact of an update on a product’s functioning, or to present an update as essential if it merely improves functionality.
• Harmonised information on the conformity of goods with the contract. Consumers are to be provided with clear information on the trader’s statutory liability for the conformity of goods with the contract, including the fact that this liability applies for a period of at least two years.
• Durability guarantee labelling. If a manufacturer provides, at no extra cost, a guarantee covering the entire product for a period longer than two years, information about this will be presented using harmonised labelling.
• Information on updates and repairability. Before making a purchase, the consumer is to be provided with information on, among other things, the period during which updates will be provided, a score-based assessment of repairability, and the availability and costs of spare parts.
• Environmentally friendly delivery options. In distance selling, the trader will inform the consumer about the environmentally friendly delivery methods available.

Entities covered by the Bill

The Bill will apply to traders directing commercial communications to consumers, in particular manufacturers, importers, retailers, online stores and platforms, and traders responsible for product advertising, packaging, labelling and comparisons. It will apply to physical goods, goods with digital elements, digital content, and digital services.

The amendments will be particularly relevant to traders using environmental or social claims, including in product and brand names, labels, quality marks, advertising slogans, graphics, climate-related statements and online content.

Next steps

Due to the expiry of the deadline for transposing the Directive and the European Commission’s initiation of infringement proceedings, the government has requested that the legislative process be expedited. According to the Bill, the new law is due to come into force on 27 September 2026.

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Bill on Market Surveillance of Products Subject to EU Harmonisation Legislation and on the Inspection of Products Placed on the European Union Market

On 28 July 2026, a new version of the Bill on Market Surveillance of Products Subject to EU Harmonisation Legislation and on the Inspection of Products Placed on the European Union Market was published on the website of the Government Legislation Centre.

Context

The current market-surveillance provisions are spread across two framework acts and numerous sector-specific acts.  The Bill provides for a single act regulating the organisation of market surveillance, the rules of carrying out inspections and proceedings, and cooperation between market-surveillance and customs authorities.

Key principles

• Expanding the list of market surveillance authorities and the assignment of their competences in relation to specific product groups. The President of the Office of Competition and Consumer Protection (UOKiK) will act as a single liaison office, responsible, among other things, for coordinating cooperation and drawing up a four-year national market surveillance strategy.
• Introducing remote inspections and test purchases, enabling the purchase of a product offered online without the inspector’s identity being disclosed in advance. The authorities will also be able to request that a product be supplied free of charge for testing.
• Extending the authorities’ powers in the digital environment, including the ability to request data concerning the owner of a website, to order the removal of an offer for a non-compliant product, to require the posting of a warning, and to restrict access to an online interface.
• Harmonising the catalogue of corrective measures, including bringing the product into compliance with requirements, issuing warnings, ceasing to offer the product, withdrawing it from the market, recalling it from end users, destroying it, or rendering it unusable.
• Strengthening inspections of products imported from third countries by setting out rules for cooperation between customs authorities and market surveillance authorities, issuing opinions on product conformity, and taking samples for testing.
• Charging the trader for the costs of inspections if tests confirm a product’s non-compliance. These costs may include testing, expert opinions, transport, storage and disposal of samples.
• Introducing a uniform system of administrative fines and increasing the maximum penalties. Depending on the infringement, fines are to be up to PLN100,000 or PLN150,000, and in certain sector-specific legislation even up to PLN500,000.
• Increasing the transparency of the authorities’ activities by publishing the content of decisions, excluding trade secrets and other protected information, and enabling any person to notify the authorities of a suspected product non-compliance.

Entities covered by the Bill

The Bill will cover manufacturers, importers, distributors, authorised representatives, fulfilment service providers and other entities subject to obligations relating to the manufacture, making available or putting into service of products.

It will also be relevant to online marketplace providers and other information-society service providers, particularly because the authorities will be able to order the removal of offers for non-compliant products, the display of warnings, or the restriction of access to an online interface. According to the regulatory impact assessment, the Bill may affect more than half of the traders engaged in the manufacture, import, distribution or online intermediation of products subject to EU harmonisation legislation.

Next steps

The version of the Bill dated 28 July 2026 is at the government legislative stage. Public consultation and opinion-gathering are scheduled for August 2026, with interested parties to be given no more than 30 days to submit comments.

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July inspection reports from the Trade Inspection Authority

Below is a summary of the results of inspections carried out by the Trade Inspection Authority (IH), published in July 2026 on the website of the President of the Office of Competition and Consumer Protection (UOKiK).

1. Swings

On 10 July 2026, UOKiK published the results of an inspection of 30 models of children’s swings, conducted between March and May 2026. The inspection covered labelling, documentation and structural safety.

Inspection results:

• 21 of the 30 models were found to be non-compliant;
• 14 models had structural non-compliances, including defective fastenings and ropes, structural damage and a risk of a child’s head or neck becoming trapped;
• 10 models had formal non-compliances, including missing declarations of conformity, CE marking, manufacturer or importer details, or correct instructions and warnings.

Administrative proceedings may be initiated in 13 cases. In seven cases involving formal non-compliances only, traders took corrective action under the supervision of the Trade Inspection Authority.

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2. Sunglasses

On 17 July 2026, UOKiK published the results of an inspection of 15 models of sunglasses carried out by the IH. The inspection covered labelling and parameters affecting eye protection and user safety.

Inspection results:

• 10 of the 15 models of sunglasses were found to be non-compliant;
• in three models, the filter category was either lower or higher than that declared by the manufacturer;
• two models impaired the recognition of the red colour of traffic lights, which may affect the safety of road users.

UOKiK also highlighted the importance of correct labelling of sunglasses, including CE marking and information on the category and properties of the filter used.

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