31 December 2025
Product regulation and compliance update series
December 2025Bill amending the Act on Counteracting Unfair Market Practices and the Consumer Rights Act
On 16 December 2025, the bill to implement Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 was published.
Context
The Directive aims to strengthen the position of consumers in the ecological transformation process by providing better protection against unfair practices and ensuring more transparent information. The new regulations support the development of a circular economy by enabling consumers to make informed choices about product durability, repairability, and environmental impact.
Key principles
- introduction of definitions of new concepts -including "environmental claim", "general environmental claim", "sign", "certification scheme", "recognised high environmental efficiency", and "durability",
- expansion of the catalogue of misleading practices -plans include adding a ban on claims about future climate neutrality without a realistic plan and verification by an independent expert, and a ban on advertising benefits that are irrelevant to a product,
- new items added to the 'blacklist' of unfair market practices - including the use of sustainability labels without a certification system, general claims such as "eco" or "environmentally friendly" without demonstrating recognised high environmental performance, and claims of climate neutrality based solely on the offsetting of emissions.
Next steps
The bill is available on the website of the Government Legislation Centre and is currently undergoing review and public consultation. According to the current plans, the new regulations are expected to come into force on 27 September 2026.
New package of measures to boost the circular economy and strengthen plastic recycling in Europe
On 23 December 2025, the European Commission announced a package of pilot measures to support the transition to a circular economy in the plastics sector, while also launching consultations on the evaluation of the SUP Directive and draft criteria for the end-of-waste status of plastics.
Context
The package is intended to support the sector in the face of high energy costs, volatile raw material prices and a fragmented market for recycled materials. At the same time, it is intended to lay the groundwork for a future Circular Economy Act, which the European Commission is planning to present in 2026.
Key principles
EU-wide criteria for the end-of-waste status of plastics - harmonisation of the rules that determine when plastic waste can be considered a reusable material,
- recyclate content in PET bottles - new rules for calculating and verifying the recycled content of single-use PET bottles, including chemical recycling,
- separate customs codes for virgin and recycled plastics - the European Commission plans not only
- support for investment and innovation - increased funding for projects in cooperation with the European Investment Bank and the creation of a pilot Competitiveness Coordination Tool (CCT) for circular economy centres.
Next steps
Public consultations on the draft criteria for the end-of-waste status of plastics is open until 26 January 2026. This allows stakeholders to comment on the new rules for harmonising the market for recycled materials.
The invitation to provide feedback on the SUP Directive is open until 17 March 2026, and as part of this process, the Commission will assess the effectiveness of reducing the impact of single-use products on health and the environment.
The adoption of the Circular Economy Act, which will introduce comprehensive measures to support a single market for secondary raw materials in the EU, is planned for late 2026.
Bill amending the Act on Waste Electrical and Electronic Equipment and certain other acts
On 3 December 2025, a bill to implement Directive 2024/884 of the European Parliament and of the Council of 13 March 2024, which amends Directive 2012/19/EU on waste electrical and electronic equipment (WEEE), was published in the Government Legislation Centre.
Context
This amendment follows the judgment of the Court of Justice of the European Union (CJEU) of 25 January 2022 (case C-181/20), which invalidated the provision that imposed a retroactive obligation to finance the costs of managing waste from photovoltaic panels. The bill also addresses the European Commission's concerns about the absence of an authorised representative institution in Polish waste regulations.
Key principles
The bill implements Directive 2024/884 and removes the retroactive obligation to finance the management of waste from photovoltaic panels, introducing new deadlines for producers to fulfil their obligations. The rules for financing the collection and processing of waste equipment have been clarified, and the option to transfer waste directly or via intermediaries has been introduced.
The bill extends the regulations to include the institution of an authorised representative in vehicle recycling and packaging management, making it easier for foreign entities to fulfil their obligations in Poland. Additionally, provisions have been introduced to allow factory-regenerated vehicle parts to be exempt from waste regulations, thereby supporting the circular economy.
Next steps
The bill is currently undergoing public consultations and review. The new act is expected to come into force 14 days after its publication in the Journal of Laws.
Act on General Product Safety Supervision published in the Journal of Laws
On 19 December 2025, the Act of 7 November 2025 on General Product Safety Supervision was published in the Journal of Laws.
Context
The new provisions bring Polish legislation into line with the requirements of Regulation (EU) 2023/988 on General Product Safety (GPSR). The Act replaces the existing Act on General Product Safety from 2003 and introduces measures to reinforce Poland's market surveillance system, taking into account the growth of online sales and emerging technologies.
Key principles
- strengthening market supervision - extending the powers of the President of the Office of Competition and Consumer Protection (UOKiK) and the Trade Inspection Authority in product safety monitoring,
- monitoring distance selling - the possibility of conducting online inspections, including test purchases without revealing the identity of the authority,
- cooperation with customs authorities – defining the rules for checking products covered by the marketing authorisation procedure in terms of general safety requirements,
- enforcement proceedings against digital service platforms and providers - the possibility of restricting access to the online interface or removing content relating to products in the event of infringements,
- consumer accident monitoring system - operated by the Minister of Health to improve product safety.
- extension of the list of entities subject to sanctions -administrative fines for violations of the GPSR and the Act may be imposed, among others, on importers, economic operators, internet platform providers and information society service providers.
Next steps
The Act will enter into force 14 days after its publication in the Journal of Laws, i.e. on 3 January 2026.
Bill amending the Act on the Management System for Greenhouse Gas Emissions and other Substances and certain other acts published in the journal of Laws
On 18 December 2025, the President of the Republic of Poland signed the Act of 21 November 2025 amending the Act on the Management System for Greenhouse Gas Emissions and other Substances and certain other acts.
Context
The amendment aims to implement Regulation (EU) 2023/956 of the European Parliament and of the Council, which establishes a carbon border adjustment mechanism (CBAM), as well as the European Commission's implementing acts. The CBAM mechanism forms part of the 'Fit for 55' package and is intended to counteract carbon leakage by making imported goods subject to the obligation to account for greenhouse gas emissions.
Key principles
- regulating the functioning of the CBAM mechanism during the transitional period, including reporting obligations for importers,
- rules for granting, refusing or revoking the status of authorised CBAM declarant and for maintaining the CBAM registry,
- obligations to report greenhouse gas emissions generated during the production of goods in third countries,
- a mechanism for imposing administrative fines for failure to comply with CBAM reporting obligations ¬the Mazowieckie Provincial Inspector for Environmental Protection will be the first instance authority, and the Chief Inspector for Environmental Protection will be the appeal authority.
Next steps
The Act was published in the Journal of Laws on 29 December 2025 and will enter into force 14 days after publication. However, Article 1(5) concerning the reporting of data on SEVESO establishments to the European Environment Agency will not enter into force until 1 January 2026
The Council of the European Union and the European Parliament adopt an amendment simplifying and postponing the application of Regulation (EU) 2023/1115 (EUDR)
Following in the footsteps of the European Parliament, the Council of the European Union formally adopted an amendment to the Regulation on Deforestation-free Products (EUDR) on 18 December 2025.
Context
The EUDR, which has been in force since 2023, aims to limit climate change and biodiversity loss by ensuring that products placed on the EU market do not originate from deforested areas. The new provisions are intended to facilitate the implementation of the Regulation and reduce the administrative burden, particularly for small and micro enterprises.
Key principles
- an additional year for adaptation - the application date has been postponed to 30 December 2026, with a further six-month deferral period for small and micro enterprises,
- simplification of due care obligations, which will now focus on the responsibility of the first entity placing the product on the EU market,
- simplification of reporting obligations for small and micro enterprises,
- exclusion of printed materials (e.g. books and newspapers) from the scope of application of the EUDR.
Next steps
By 30 April 2026, the European Commission is required to present a review of the EUDR in terms of its simplification and submit a report. The amendment to the Regulation was published on 23 December 2025 in the Official Journal of the European Union and entered into force three days after its publication.
December reports from the Trade Inspection Authority
Below we present the most important information concerning the Trade Inspection Authority (IH) reports that were published last month on the website of the Office of Competition and Consumer Protection (UOKiK).
Sound toys
The results of an IH inspection concerning the labelling and safety of sound toys, including table and floor toys, percussion toys and close-to-ear toys, was published. The inspection was carried out from April to July 2025 by provincial IH inspectorates in Bydgoszcz, Kielce, Krakow, Locl2, Olsztyn, Opole, Rzeszow and Wrodraw. Fifty models available in wholesale and retail outlets were checked.
The inspection found that:
- Ten out of 50 models had irregularities in labelling and documentation (lack of required warnings, instructions in a foreign language, lack of manufacturer's details);
- in one case, the CE marking was missing, and in one case, the declaration of conformity was incorrectly drawn up;
- Ten models had design flaws that were identified during laboratory testing, including exceeding permissible sound pressure levels (up to 121.3 dB), the presence of small parts, and the formation of sharp edges.
As a result, the IH sent five requests to the President of UOKiK to initiate administrative proceedings, and in three cases, the businesses in question took corrective action.
Magnetic toys
The results of an IH inspection of the labelling and safety of magnetic toys, e.g. boards, puzzles, blocks and games, were published. The inspection was carried out from July to September 2025 by provincial IH inspectorates in Gdansk, Gorzow Wielkopolski, Krakow, Warsaw, Olsztyn and Rzesz6w. Thirty models available for wholesale and retail sale were checked.
The inspection found that:
- Seven out of 30 models had formal irregularities (lack of warnings or instructions in Polish, incorrect declaration of conformity);
- Ten models were flagged in laboratory tests due to excessive magnetic attraction and the presence of small parts posing a choking hazard.
As a result, the IH sent eight requests to the President of UOKiK to initiate administrative proceedings. In the case of one model, the business in question carried out corrective measures under IH supervision.
Pyrotechnic products
The results of an IH inspection concerning the labelling and safety of F1, F2 and F3 class pyrotechnic products, such as flash bangers, tube launchers, fountains, rockets and spinning tops, was published. The inspection was carried out from October to November 2025 by provincial IH inspectorates in Gdansk, Lublin, Lód2 and Warsaw. Twelve models available on the market were checked.
The inspection found that:
- in one case, the declaration of conformity was incorrectly drawn up;
- in laboratory tests, all 12 models were found to be compliant with the PN-EN 15947-5:2016-02 standard.
As a result, the business whose product had an incorrectly drawn up declaration of conformity will take corrective action under IH supervision.