11 September 2026 • 15 minute read
Product regulation and compliance update series
August 2026Bill amending the Act on the Obligations of Businesses concerning the Management of Certain Waste and on Product Fees, and the Waste Act
On 6 August 2026, the guidelines for the Bill amending the Act on the Obligations of Businesses concerning the Management of Certain Waste and on Product Fees, and the Waste Act were published in the programme of the Council of Ministers. The guidelines aim to adapt the extended producer responsibility (EPR) scheme for oils and tyres to current market conditions and the technological capabilities for their processing.
Context
The current recovery and recycling targets for waste oils do not ensure sufficient collection of this waste. In the case of tyres, the required recycling rate is actually lower than the levels currently achieved by the market. Some tyres, including solid tyres, remain outside the EPR system.
Key principles
- changing the classification of products – the Polish Classification of Goods and Services (PKWiU) symbols currently in use will be replaced by Combined Nomenclature (CN) codes, which is intended to make it easier for businesses to classify products and to enable data to be linked to information held by tax and customs authorities;
- expanding the scope of oils covered by the scheme and solid tyres meeting specific parameters;
- increasing the recovery and recycling rates for oils and pneumatic tyres;
- changing record-keeping and reporting – the Waste Act will be amended to reflect changes to the range of products covered by the EPR scheme and the method of reporting information.
Entities covered by the Bill
The Bill will primarily affect producers and importers of oils, lubricants and tyres. The changes will also apply to recovery organisations and entities collecting and processing waste oils and end-of-life tyres.
Next steps
The Bill has been included in the programme of the Council of Ministers. Its adoption by the Council of Ministers is scheduled for the fourth quarter of 2026.
Bill amending the Civil Code and the Code of Civil Procedure
On 25 August 2026, the guidelines for the Bill amending the Civil Code and the Code of Civil Procedure were published in the programme of the Council of Ministers.
Context
The Bill brings Polish law into line with developments in digital products, software and artificial intelligence systems. It is also intended to facilitate the pursuit of claims for damages by reducing the information asymmetry between the injured party and the manufacturer. The existing provisions of the Civil Code concerning liability for defective products are to be replaced by a new set of regulations.
Key principles
- extending the definition of a product – the concept of a product is to also cover software, regardless of how it is supplied or used;
- adjusting the concept of product defect – when assessing a product, account is to be taken of the characteristics of software and of tangible products utilising software, including artificial intelligence systems;
- expanding the ways in which a product is placed on the market – liability may also arise in connection with making a product available in ways other than through traditional sale;
- taking into account the manufacturer’s control over the product – when assessing defectiveness, it will be possible to take into account the period during which the product remains under the manufacturer’s control after it has been placed on the market, in particular in connection with software updates or modifications;
- expanding the list of liable parties – the obligation to compensate for damage may be imposed on a wider group of entities that have, for commercial gain, contributed to the presence of a defective product on the EU market;
- the right to request disclosure of evidence – an injured party will be able to request the disclosure of evidence held by the manufacturer or another party if it is necessary for the pursuit of a claim;
- lowering the standard of proof – in certain cases, it will be easier to establish the grounds for liability, particularly where proceedings concern products that are technically or scientifically complex.
Entities covered by the Bill
The Bill will be of significance to manufacturers, software developers and other entities involved in the placing of products on the EU market.
Next steps
The Bill has been included in the programme of the Council of Ministers. Its adoption by the Council of Ministers is scheduled for the fourth quarter of 2026.
New rules on the commercial quality of agri-food products
On 28 August 2026, the website of the President's Chancellery (in Polish: Kancelaria Prezydenta) published an announcement that the President of the Republic of Poland has signed the Act of 17 July 2026 amending the Act on the Commercial Quality of Agri-Food Products and certain other acts.
Context
The Act aligns Polish legislation with EU regulations concerning marketing standards for fruit and vegetables, certain fruit and vegetable products, and bananas. The Act also covers requirements for eggs and olive oil, as well as the rules for carrying out inspections of product compliance with applicable marketing standards.
The new provisions are also intended to improve the supervision of information relating to agri-food products, strengthen cooperation between Agricultural and Food Quality Inspection (IJHARS) and other authorities, and prevent the placing on the market of adulterated food.
Key principles
- streamlining the rules on commercial quality control of fruit and vegetables, bananas, dried fruit, eggs and olive oil;
- expanding the data collected in the central register of operators active on the agri-food products market and the powers of IJHARS regarding the approval of traders and the issuance of certificates;
- the possibility of exempting the direct sale of certain fruit and vegetables on the local market from selected marketing standards;
- introducing penalties for breaches of documentation requirements and criminal liability for food adulteration;
- setting out the rules for cooperation between IJHARS and law enforcement agencies, the National Revenue Administration, and the Border Guard.
Entities covered by the Act
The Act is relevant to producers, importers, distributors and sellers of agri-food products, in particular fruit and vegetables, bananas, certain dried fruits, eggs and olive oil. The new provisions also apply to traders that are subject to entry in the central register of operators active on the agri-food products market and to entities importing food from third countries.
Next steps
The Act was signed by the President of the Republic of Poland on 28 August 2026. The next stage is its publication in the Journal of Laws.
Bill amending the Environmental Protection Law and certain other acts
On 11 August 2026, the website of the Sejm (the lower house of the Polish Parliament) published a notice announcing that the Bill amending the Environmental Protection Act and certain other acts had been referred to committees for the first reading.
Context
The Bill aims to simplify procedures relating to integrated permits, reduce the administrative burden, and clarify the rules governing environmental protection and water management inspections.
Current regulations require an additional analysis of permit conditions following the publication of conclusions on best available techniques (BAT conclusions). The Bill provides for a simplification of this procedure, as the relevant assessment is carried out again when considering an application for the issue or amendment of an integrated permit.
Key principles
- abolishing the additional analysis of the conditions of an integrated permit following the publication of new BAT conclusions;
- obliging the competent environmental protection authority to inform the operator of the new requirements within 60 days and to request that they submit an application to amend the permit or provide an analysis demonstrating that there is no need to adapt the installation;
- granting the competent environmental protection authorities the power to issue integrated permits for installations associated with nuclear power facilities and liquefied natural gas regasification installations;
- granting provincial environmental protection inspectors the power to carry out inspections in Polish maritime areas;
- ensuring that the entities subject to inspection are given time to familiarise themselves with the inspection report and to submit comments;
- requiring the competent environmental protection authority to consider comments on the report within seven days and to amend or supplement it if the comments are deemed valid.
Entities covered by the Bill
The Bill is of particular significance to businesses operating installations requiring an integrated permit, including industrial and energy installations. The changes also apply to entities subject to inspections regarding compliance with environmental protection or water management regulations
Next steps
At the next stage, the committees will examine the Bill and submit a report to the Sejm, in which they may propose amendments. According to the Bill, the new law is to come into force 14 days after its publication in the Journal of Laws.
Bill amending the Act on the System for Monitoring the Road and Rail Transport of Goods and Trade in Heating Fuels, and certain other acts
On 20 August 2026, a Bill amending the Act on the System for Monitoring the Road and Rail Transport of Goods and Trade in Heating Fuels, and certain other acts, was published on the website of the Government Legislation Centre.
Context
The Electronic Transport Surveillance System (in Polish: System Elektronicznego Nadzoru Transportu) (SENT) is used to monitor the transport of specific categories of goods, including fuels, selected agri-food products, and waste.
According to the regulatory impact assessment, customs and tax inspections carried out in 2025 confirmed the existence of a shadow economy in this specific transport sector. The Bill is also intended to streamline the analysis and sharing of data from SENT, in particular for the purposes of supervising the transport of waste and agri-food products.
Key principles
- including ready-mixed concrete in SENT regardless of the quantity and the recipient’s status, with the obligations relating to deliveries to consumers to be fulfilled by the consignor;
- simplifying the transport of ready-mixed concrete, including no obligation to provide geolocation data, the option of a single declaration for contracts involving over 100 m³ of concrete, and specific rules for carrying out inspections;
- deliveries to consumers: SENT will also cover deliveries to private individuals not engaged in business activity. However, these individuals will not be required to submit or amend declarations. The consignor will confirm delivery;
- change in the system of administrative fines, including the possibility of adjusting their amount and waiving the imposition of a fine in the event of an obvious error;
- level of penalties will vary depending on the type of goods. In the case of goods other than excise goods or goods posing a threat to national security, the penalty will be up to PLN 20,000;
- extending access to SENT data for the relevant authorities, in particular the Inspectorate for the Commercial Quality of Agri-food Products (in Polish: Inspekcja Ochrony Środowiska i Inspekcji Jakości Handlowej Artykułów Rolno-Spożywczych).
Entities covered by the Bill
The Bill is of particular significance to producers and carriers of ready-mixed concrete, as well as to businesses receiving ready-mixed concrete. The new obligations relating to the reporting and updating of consignments will apply to approximately 600 producers and entities operating around 3,150 concrete mixer trucks.
The Bill will also affect businesses transporting other goods covered by SENT, in particular due to changes to the system of administrative fines.
Next steps
The Bill is currently at the stage of public consultation and review. In principle, it should come into force three months after the date of its publication in the Journal of Laws. Provisions concerning, among other things, the authorities’ access to SENT data and the reduction of penalties are due to come into force after 14 days after publication of the Act in the Journal of Laws, whilst the obligation to provide the country of vehicle registration is due to come into force 12 months after publication of the Act.
Act of 31 July 2026 amending Acts to Support Sustainable Aviation
On 28 August 2026, the website of the President's Chancellery (in Polish: Kancelaria Prezydenta) published an announcement that the President of the Republic of Poland has signed the Act of 31 July 2026 amending Acts to Support Sustainable Aviation.
Context
The Act implements Directive (EU) 2023/958 of the European Parliament and of the Council, which amended the EU Emissions Trading Scheme (EU ETS) with regard to aviation. The new provisions move away from the historical model of allowance allocation. Free allowances are primarily intended to support the use of eligible aviation fuels, including sustainable aviation fuels.
Key principles
- a change to the rules for the allocation of free emission allowances by moving away from a model based on historical emission levels;
- linking the allocation of free allowances to the use of eligible aviation fuels;
- introducing economic mechanisms to support the use of sustainable aviation fuels and reduce emissions from fossil fuels;
- extending the obligation to account for emissions from specific flights to and from the outermost regions;
- implementing the national measures necessary for the application of the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) mechanism to flights outside the EU;
- adjusting the competences of authorities and the rules for monitoring, reporting and verifying emissions from aviation activities.
Entities covered by the Act
The Act is primarily relevant to aircraft operators covered by the EU ETS or the CORSIA mechanism.
Next steps
The Act was signed by the President of the Republic of Poland on 28 August 2026. The next stage is its publication in the Journal of Laws.
August reports on inspections by the Trade Inspection Authority
Below is a summary of the results of inspections carried out by the Trade Inspection Authority (IH), published in August 2026 on the website of the President of the Office of Competition and Consumer Protection (UOKiK).
Wireless speakers
On 28 August 2026, UOKiK published the results of an inspection of 20 models of wireless speakers, carried out by the Trade Inspection Authority between March and July 2026. The inspection covered labelling, documentation and the presence of hazardous substances in the electronic components of the devices.
Inspection results:
- four out of 20 models of wireless speakers were found to be non-compliant;
- in three models, the permissible lead content was found to have been exceeded, with levels above 1,500 mg/kg compared to the permissible limit of 1,000 mg/kg;
- in two models, formal non-conformities were detected, including an incorrectly drawn up declaration of conformity and the absence of manufacturer and importer details on the product;
- one model had both an excessive lead content and formal non-conformities.
In the case of the three models found to exceed the permissible lead content, IH may submit requests to the President of UOKiK to initiate administrative proceedings. The products in question will be withdrawn from sale. In the case of the model in which only formal non-conformities were detected, the trader has taken corrective action.
Water pumps
On 21 August 2026, UOKiK published the results of an inspection of 15 models of clean water and wastewater pumps, carried out by IH between March and May 2026. The inspection covered the labelling, documentation and structural safety of the equipment.
Inspection results
Eight out of 15 water pump models were found to be non-compliant. Formal non-conformities were identified in all eight non-compliant models and concerned, among other things, safety information, user manuals, declarations of conformity and product labelling. Laboratory tests also revealed design non-conformities in five of these eight models. These related to a power cable that was too short or had a cross-section that was too small, which in some cases posed a fire risk.
In six cases, IH will submit requests to the President of UOKiK to initiate administrative proceedings. With regard to the two remaining non-compliant models, in which only formal non-conformities were identified, the traders are carrying out corrective measures under the supervision of IH.
Portable gas cookers
On 7 August 2026, UOKiK published the results of an inspection of 16 models of portable gas cookers, carried out by IH from March to May 2026. The inspection covered labelling, documentation and design parameters affecting the safe use of the appliances.
Inspection results:
- 12 out of 16 models of portable gas cookers were found to be non-compliant;
- in 11 models, non-conformities were found in the labelling or documentation, including irregularities concerning declarations of conformity, EU type-examination certificates, instructions, and information identifying the product or the manufacturer;
- In one model, a design non-conformity was also identified. The actual rated heat load was lower than that declared by the manufacturer, which posed a fire risk.
In the case of six of the devices questioned by IH, once the ongoing measures have been completed, IH will submit requests to the President of UOKiK to initiate administrative proceedings. In the remaining six cases, the businesses have taken corrective action under IH’s supervision.
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