27 February 2026
Product regulation and compliance update series
February 2026Amendment to the Packaging Act: extension of the operation of returnable bottle collection systems to 2028
On 9 January 2026, an act amending the provisions on the management of packaging and packaging waste was adopted. The amendment extends the possibility of operating existing reusable glass bottle collection systems independent of the deposit system until 31 December 2028.
Context
The amendment revises the provisions on the management of packaging and packaging waste from 2013 as well as the amending act of 2023. Under the current wording of Article 9(3) of the 2023 act, independent collection systems for reusable glass bottles were scheduled to cease operating on 31 December 2025.
Key principles
- extension until 31 December 2028 for operating independent collection systems for reusable glass bottles with a capacity of up to 1.5 litres;
- maintaining parallel operation of two mechanisms for fulfilling the obligation to achieve minimum levels of selective collection of packaging: the deposit system and the packaging collection system established and maintained by the entity introducing the product on to the market;
- maintaining the closed-loop model for reusable glass bottles, enabling their reuse in multiple cycles.
Entities covered by the regulation
The amendment is relevant for businesses placing beverages in reusable glass packaging and fulfilling selective-collection obligations.
Next steps
The act enters into force on the day following publication, with the exception of Article 3, which enters into force on the day following its publication but with effect from 1 January 2026.
Bill amending the Industrial Property Law and certain other acts
On 25 February 2026, a bill was published that aligns Polish regulations with Regulation (EU) 2023/2411 concerning the protection of geographical indications for craft and industrial products, which has been in effect since 1 December 2025. The bill comprehensively amends the Industrial Property Law and the Trade Inspection Act, introducing a national stage of the registration procedure and a system for checking product compliance with specifications.
Context
Regulation 2023/2411 establishes a uniform system for the protection of geographical indications for craft and industrial products at the EU level. The bill aims to ensure its application in Poland by amending the Industrial Property Law and the Trade Inspection Act.
Until now, the protection of geographical indications for non-agricultural products was based on national legislation. The new model introduces cooperation with the EUIPO and the introduction of national control and enforcement mechanisms.
Key principles
The bill provides for the extension of the competences
of the Polish Patent Office and the Trade Inspection Authority.
In terms of products, it provides in particular for:
- designation of the Trade Inspection Authority as the competent authority for the control of geographical indications of craft and industrial products in trade;
- accepting producers’ own declarations and issuing and renewing certificates authorising the use of geographical indications before the product is placed on the market;
- verifying product conformity with the specification, including the possibility of requesting the removal of non-conformities, and suspending or withdrawing the authorisation to use the geographical indication;
- monitoring the use of geographical indications on the market, including responding to infringements in the meaning of Articles 40 and 41 of Regulation 2023/2411 and issuing decisions prohibiting further placing on the market;
- ensuring national enforcement mechanisms of geographical indications.
The aim is to strengthen the requirement for product compliance with the approved specification as a condition for the legal use of geographical indications.
Affected entities
The bill concerns producers and entities using geographical indications for craft and industrial products.
Next steps
The bill will be subject to further legislative action and is currently in the opinion and consultation phase. According to Article 6 of the bill, the amendment is to enter into force one month after its publication in the Journal of Laws, once it has passed through the entire legislative process.
Bill amending the Act on Competition and Consumer Protection and certain other acts
On 6 February 2026, the principles of the bill amending the Act on Competition and Consumer Protection and certain other acts were published in the List of Legislative and Programme Work of the Council of Ministers.
Context
The bill aims to implement Regulation (EU) 2017/2394 (CPC) and align national legislation with changes in EU law, including the abolition of the ODR platform. A key element of the bill is the extension of the investigative and enforcement powers of the President of the Office of Competition and Consumer Protection (UOKiK) in cases of violations of collective consumer interests, particularly in the area of online contracts.
Key principles
- granting powers to make test purchases, including under a false identity, in order to detect infringements and obtain evidence, with the possibility of examining and testing products;
- the possibility of conducting test purchases using documents concealing identity in cases concerning complex products and services, including financial services;
- granting the power to order a trader to post a warning to consumers on the online interface, remove content or restrict access to the interface;
- the possibility of requesting hosting service providers, domain registries or domain registrars to remove content, disable the interface or remove the fully qualified domain name (FQDN) and, in certain cases, register it with the President of UOKiK;
- extending the search institution to proceedings in cases of infringement of collective consumer interests, with the consent of the Court of Competition and Consumer Protection;
- clarifying the provisions on measures to remove the ongoing effects of infringements and exemption of compensation payments awarded to consumers from personal income tax;
- changes resulting from the repeal of Regulation (EU) No 524/2013 and the abolition of the online dispute resolution (ODR) platform.
The bill does not provide for a change in the size of financial penalties, but it assumes that the provisions on sanctions will be adapted to the requirements of EU law.
Entities covered by the bill
The bill applies to businesses offering goods or services to consumers, in particular those selling online and entities operating online interfaces.
The President of the Office of Competition and Consumer Protection (UOKiK) is responsible for preparing and submitting the bill to the Council of Ministers. It is expected that the bill will be adopted by the Council of Ministers in the first quarter of 2026.
EU Parliament adopts a new regulation strengthening the protection of farmers against unfair trading practices
On 12 February 2026, the European Parliament adopted new rules to strengthen the protection of farmers against unfair trading practices (UTP) in their relations with purchasers of agricultural products. The regulation focuses on more effective countermeasures against cross-border practices and on extending its scope to include purchasers from outside the EU.
Context
The UTP Directive, in force since 2019, protects farmers against, among other things, late payments and sudden order cancellations. However, in cross-border situations, cooperation between national authorities has been limited. The new regulation aims to improve enforcement in cases where the supplier and the buyer are located in different EU Member States.
Key principles
- the obligation for national authorities to cooperate in preventing, detecting and punishing cross-border unfair trading practices;
- the possibility for Member States to take action on their own initiative, without the need for a complaint from a farmer, to stop cross-border infringements;
- the inclusion of purchasers based outside the EU, who will be required to appoint a contact person responsible for the EU for the purposes of investigations;
- the use of the Internal Market Information (IMI) system to exchange information between national authorities on identified practices or risks of their occurrence;
- the strengthening of the deterrent effect of the system through a faster and coordinated response from public administrations.
Entities covered by the regulation
The regulation applies to farmers and small producers of agricultural products as suppliers and purchasers of agricultural products, including entities based in the EU and outside the EU.
Next steps
The new rules require approval by the Council of the EU. They will enter into force 18 months after publication in the Official Journal of the EU.
Bill on cross-border waste shipments
On 25 February 2026, a bill on cross-border waste shipments was published, which is to replace the existing law of 2007 in its entirety and bring the Polish legal system into line with Regulation (EU) 2024/1157 of the European Parliament and of the Council.
Context
Regulation (EU) 2024/1157 of 11 April 2024, published on 30 April 2024, repealed Regulation (EC) No 1013/2006. The bill introduces, among other things, a central electronic system for the exchange of documents and modified notification and consent procedures. It also defines the institutional and procedural framework at the national level, including the competence of the Chief Inspector of Environmental Protection (GIOŚ).
Key principles
- introducing the definition of “installation” consistent with Regulation (EU) 2024/1157;
- rules for identifying entities in the electronic system (EORI as the main identifier, and in its absence – NIP or PESEL; obligation to provide NIP, REGON and BDO);
- maintaining the ban on the import of waste into Poland for disposal and municipal waste (except for waste selectively collected for recycling);
- clarifying the procedures for issuing and amending permits and rules of conduct in the event of illegal waste shipments;
- increasing the minimum financial penalties (PLN30,000 or PLN50,000 depending on the procedure) with a maximum level of PLN1,000,000.
Entities covered by the bill
The bill covers notifiers and persons organising the shipment of waste in the meaning of Regulation (EU) 2024/1157, operators importing, exporting or transiting waste, and facilities engaged in waste recovery or disposal. It also applies to entities identified in the central electronic system using their EORI, NIP, REGON and BDO numbers, as well as entities responsible for illegal waste shipments.
Next steps
The bill is expected to enter into force on 21 May 2026, i.e. when most of the provisions of Regulation 2024/1157 become applicable.
Draft regulation of the Minister of Finance and Economy extending exemptions from the SENT reporting obligation for selected goods from CN sections 61, 62 and 64
The draft regulation of 10 February 2026 provides for a modification of the catalogue of exemptions from the obligation to report in the SENT system for selected shipments of clothing and footwear. The change includes new conditional exemptions for shipments carried out by postal operators and logistics service subcontractors.
Context
The change results from the entry into force on 17 March 2026 of the Regulation of 10 September 2025, under which goods from CN sections 61, 62 CN and 64 CN will be covered by the SENT system. The aim is to adapt SENT obligations to the specific nature of mass logistics processes in e-commerce.
Key principles
- The exemption applies to goods in CN chapters 61, 62 and 64.
- Transport is exempt where it is carried out:
- by postal operators in non-postal parcels, with a gross weight of more than 20 kg and not exceeding 31.5 kg;
- by operators providing cross-border parcel delivery services (EU 2018/644), in parcels up to 31.5 kg;
- as part of comprehensive logistics services (including storage, picking, packing, and returns handling) performed by an entity with AEC status or a party to a cooperation agreement with the Head of the National Revenue Administration,
- In the case of logistics services, the AEC certificate number or information about the cooperation agreement must be indicated in the transport document.
Entities covered by the draft regulation
The draft regulation applies to postal operators, operators providing cross-border parcel delivery services and entities providing comprehensive logistics services (fulfilment), including those with AEC status or a cooperation agreement with the Head of the National Revenue Administration. The changes will also apply to entities sending or receiving goods classified under CN chapters 61, 62 and 64.
Next steps
The regulation is to enter into force on 17 March 2026, in parallel with the entry into force of regulations covering goods from CN sections 61, 62 and 64 under the SENT system.
Reports from inspections by the Trade Inspection Authority
Below we present information about reports from the Trade Inspection Authority (IH) that were published last month on the website of the Office of Competition and Consumer Protection (UOKiK).
Bed linen
The UOKiK website published the results of an IH inspection of bed linen imported from outside the European Union. The inspection was carried out between May and July 2025 in cooperation with the National Revenue Administration, when products were detained at the border. A total of 42 models (443,209 items) were checked for labelling, of which 19 models were subjected to additional laboratory tests for formaldehyde content.
The inspection revealed the following:
- 14 of the 42 models (215,602 items) failed to meet formal labelling requirements; the irregularities mainly concerned:
- lack of or incomplete address details of the manufacturer or importer,
- lack of correct indication of the raw material composition of textile products.
- 19 samples were tested for formaldehyde content in laboratory tests – all of them met the requirements and no cases of exceeding the permissible level were found.
As a result:
- The Customs and Tax Service detained some of the non-compliant products at the border and prevented them from being placed on the market, eliminating them from the EU market.
- IH found fault in a total of 48.6% of the products inspected, indicating the need for importers and distributors to meet formal requirements.
Baby bouncers
The results of an IH inspection of baby bouncers were published on the UOKiK website. A total of nine models of bouncers were checked for labelling, and laboratory tests were carried out on selected physical and mechanical parameters.
The inspection revealed the following:
- labelling irregularities were found in five out of nine models, including missing or incomplete manufacturer/ importer data, missing or incorrect warning pictograms, and missing or incomplete warnings in Polish,
- structural non-conformities were found in seven out of nine models, including belts that could be fastened without a crotch strap, insufficient belt width, release of the locking mechanism with too little force, and packaging film that was too thin.
As a result:
- provincial IH inspectors submitted four requests to the President of UOKiK to initiate administrative proceedings;
- in two cases, proceedings were initiated, one remains under analysis, and in one case, corrective measures were allowed.
Entities responsible for placing non-compliant products on the market face fines of up to PLN100,000.
Prams
The results of an IH inspection of prams with a maximum user weight of 22 kg were published on the UOKiK website. A total of 10 models were checked for labelling and subjected to laboratory testing for physical and mechanical parameters.
The inspection revealed the following:
- irregularities in labelling were found in three out of ten models, including incomplete manufacturer’s data, lack of required warnings, and instructions for use only in a foreign language;
- design non-conformities were identified in four out of ten models, including ineffective safety belt systems, malfunctioning locking mechanisms, insufficient stability (tipping during testing), and damage to structural elements.
As a result:
- three requests were submitted to the President of UOKiK to initiate administrative proceedings;
- two proceedings were initiated, and in one case the manufacturer was allowed to implement corrective measures.
Entities placing structurally defective prams on the market face fines of up to PLN100,000.
Washing machines
This month, UOKIK also published the results of an inspection of washing machines. During the inspection, ten models of washing machines were checked, including documentation, labelling and laboratory testing of selected parameters specified on energy labels.
The inspection revealed the following:
- formal irregularities were found in one out of ten washing machine models, including: missing product information sheet on the seller's website, and energy label not displayed in close proximity to the product price,
- there was no non-compliance in terms of the parameters declared on the energy labels, which included, among other things, weighted water and energy consumption, noise levels and energy efficiency classes.
The entity found to be in breach was required to remedy the irregularities by ensuring that the product information sheet and energy label were made available online.
The Trade Inspection Authority also pointed out that violations of the obligations of a supplier or seller are punishable by fines, which in 2025 amounted to at least PLN8,181.72 for each violation, and multiples of this amount may be imposed on entities found to be in breach of the regulations.