Product regulation and compliance update series

Bill amending the Consumer Rights Act and certain other acts

On 12 June 2026, the Bill amending the Consumer Rights Act and certain other acts was published in the Government Legislation Centre. It aims to implement Directive (EU) 2024/1799, the so-called R2R (Right to Repair) Directive, which establishes common rules promoting the repair of goods rather than their replacement or premature disposal.

Context

The R2R Directive is intended to support consumers in having goods repaired, while also reducing the number of products taken out of use. It forms part of a broader EU policy direction concerning sustainable consumption, extending the life cycle of products and reducing waste.

The Bill provides for amendments primarily to the Consumer Rights Act, but also to the Trade Inspection Act, the Act on Competition and Consumer Protection, and the Code of Misdemeanours. The deadline for transposing the R2R Directive into national law is 31 July 2026.

Key principles

• repair as an element of the goods’ conformity with the contract – the possibility of repair is to be added to the list of objective characteristics that may determine the goods’ conformity with the contract;
• extension of the seller’s liability – if the consumer chooses repair as the means of bringing the goods into conformity with the contract, the seller’s liability period will be extended once by 12 months;
• new information obligation – before bringing the goods into conformity with the contract, the seller will have to inform the consumer of their right to choose between repair and replacement, and of the consequence of choosing repair, namely the extension of the liability period;
• replacement or refurbished goods – while the goods are being repaired, the seller will be able to provide the consumer with substitute goods free of charge, including refurbished goods. Replacement with refurbished goods will only be possible with the consumer’s express consent;
• manufacturer’s obligation to repair certain goods – the Bill introduces an obligation to repair so-called R2R goods, i.e. products for which EU law sets out requirements regarding reparability and the availability of spare parts or software;
• reasonable price and reasonable repair time – the repair of R2R goods is to be carried out free of charge or for a reasonable price, and within a reasonable time from the consumer’s request;
• European repair information form – the Bill provides for a standard form designed to make it easier for consumers to compare repair offers. The form will be provided at the consumer’s request, free of charge and on a durable medium;
• penalties for infringements – for failure to fulfil obligations relating to repairs or providing information about them, the provincial Trade Inspection Authority will be able to impose an administrative fine of between PLN500 and PLN20,000, and in the event of a repeat infringement – between PLN1,500 and PLN40,000.

Entities covered by the Bill

The Bill applies to sellers, manufacturers, importers, distributors, authorised representatives and entities offering repair services. The repair obligation will cover specific R2R goods, including selected household appliances, electronics, telephones, welding equipment, servers, products containing batteries for light vehicles and local space heaters. If a manufacturer is not established in the EU, the obligations will pass to an authorised representative, importer or distributor.

Next steps

According to the Bill, the new law will come into force 14 days after its publication in the Government Legislation Centre, with the exception of the provisions concerning the Polish section of the European repair platform, which are due to come into force on 31 July 2027.

 

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

On 11 June 2026, the Bill amending the Act on Combating Unfair Market Practices and the Act on Consumer Rights was submitted to the Standing Committee of the Council of Ministers. It aims to implement Directive (EU) 2024/825 of the European Parliament and of the Council on empowering consumers in the green transition process through better protection against unfair practices and better information.

Context

The Bill addresses the problem of insufficient consumer protection against greenwashing, in particular against vague or unverifiable claims regarding the environmental impact of products, brands or businesses. As the Bill’s authors point out in the explanatory memorandum, existing provisions on unfair market practices could be applied to greenwashing, but they do not contain specific regulations directly relating to environmental claims, sustainability labels and information on the durability and reparability of products.

Key principles

Compared with the previous version, the key provisions of the Bill remain unchanged and include a ban on unsubstantiated general environmental claims, restrictions on the use of voluntary sustainability labels, an expansion of the list of so-called ‘blacklisted practices’, and new information requirements concerning, among other things, durability, repairability, software updates, durability guarantees and environmentally friendly delivery options.

The comments raised so far at the stage of the Committee on European Affairs have primarily concerned the financial implications of the Bill and its potential impact on public support schemes in the area of energy and environmental transition, rather than changes to the main regulatory principles regarding greenwashing.

These comments were not taken into account by the Office of Competition and Consumer Protection (UOKiK), which upheld its position on the scope of the Bill and pointed out that it concerns business practices in B2C relations, in particular advertising, marketing and commercial communications directed at consumers.

Entities covered by the Bill

The Bill is relevant to businesses targeting consumers, in particular those making environmental claims, using sustainability labels, providing information on the durability, reparability or recyclability of products, and sellers providing pre-contractual information to consumers.

Next steps

According to the Bill, the new law will come into force on 27 September 2026. This date corresponds to the date on which the provisions arising from Directive 2024/825 become applicable. The Bill does not provide for a separate transitional period, and the new provisions are to apply to contracts concluded after the new law comes into force.

 

Draft Regulation of the Minister of Finance and Economy amending the Regulation on essential requirements concerning the restriction of the use of certain hazardous substances in electrical and electronic equipment

On 3 June 2026, the draft Regulation of the Minister of Finance and Economy amending the Regulation on essential requirements concerning the restriction of the use of certain hazardous substances in electrical and electronic equipment was published in the Government Legislation Centre. The draft implements three delegated directives of the European Commission concerning temporary exemptions for the use of lead in specific technical applications.

Context

The draft relates to the RoHS II Directive, which restricts the use of selected hazardous substances in electrical and electronic equipment, including lead. As a general rule, the permissible concentration of lead in homogeneous materials is 0.1% by mass.

The amendment is of an adaptative nature. Its aim is to incorporate into Polish law the changes resulting from Commission Delegated Directives (EU) 2025/1802, 2025/2363 and 2025/2364.

Key principles

The draft provides for the retention of temporary exemptions for the use of lead in:

• high-melting-point solder alloys, including alloys containing at least 85% lead by mass;
• electrical and electronic components containing lead in glass, ceramics or glass- or ceramic-based composites;
• steel, aluminium and copper alloys in which lead acts as an alloying element.

At the same time, it has been noted that, in some applications, lead-free alternatives are not yet available, do not provide the required reliability, or their use is not technically feasible. This applies, among other things, to selected applications in electrical and electronic equipment and in in vitro diagnostic medical devices.

Entities covered by the regulation

The draft is of particular significance to manufacturers, importers and distributors of electrical and electronic equipment.

Next steps

The draft is currently at the consultation stage. The Regulation is due to enter into force on 1 July 2026, in line with the date of application of the provisions implementing the delegated directives.

 

Draft Regulation of the Minister of Finance and Economy amending the Regulation on requirements for toys

On 18 June 2026, the draft Regulation of the Minister of Finance and Economy amending the Regulation on requirements for toys was published. The draft aims to transpose into Polish law Commission Directive (EU) 2026/192, which amends the provisions of Directive 2009/48/EC on the safety of toys with regard to cobalt.

Context

The current regulations implement EU safety requirements for toys intended for children under the age of 14. As a general rule, they prohibit the use in toys of CMR substances, i.e. substances that are carcinogenic, mutagenic or toxic to reproduction. The draft concerns an exception to this prohibition for cobalt in strictly defined applications deemed to be safe.

Key principles

The Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) assessed the use of cobalt in toys in terms of children’s exposure, taking into account, among other things, exposure via inhalation, ingestion and skin contact. The SCHEER opinion stated that the following may be permitted as chemically safe:

• metal toy components containing cobalt, provided they are used to conduct electricity;
• toys and toy parts made of stainless steel, in which cobalt is present as an impurity in nickel;
• NdFeB magnets used in toys, provided they cannot be swallowed or inhaled.

The draft updates the references in the current Regulation on requirements for toys to take account of Commission Directive (EU) 2026/192. The amendment is intended to ensure the full implementation of EU law regarding the permitted use of cobalt in toys placed on the single market of the European Union.

Entities covered by the Regulation

The draft is of particular relevance to manufacturers, importers and distributors of toys.

Next steps

The draft is currently at the stage of public consultation and review. According to the draft, the Regulation is due to enter into force on 29 August 2026. This date corresponds to the date on which the provisions of Commission Directive (EU) 2026/192 become applicable. Member States should adopt and publish the provisions implementing this Directive by 29 July 2026 at the latest.

 

European Commission guidelines on the PPWR

On 5 June 2026, the European Commission published on its website a notice containing guidelines on Regulation (EU) 2025/40 on packaging and packaging waste (PPWR).

Context

The PPWR entered into force on 11 February 2025 and replaced the existing framework under Directive 94/62/EC on packaging and packaging waste. The guidelines are of an interpretative nature. The Commission points out that they do not replace, amend or supplement the provisions of the PPWR, and that the binding interpretation of EU law remains the responsibility of the Court of Justice of the European Union.

Key principles

• Definition of packaging – The Commission explains that classifying a given product as packaging requires, in each case, an assessment of the product’s function and intended use on the basis of the definition in the PPWR. The mere inclusion of a product in the indicative annex to the PPWR does not in itself determine its classification;
• Distinction between the manufacturer and the producer of packaging – the guidelines clarify that the ‘manufacturer’ is primarily responsible for ensuring that the packaging complies with sustainability and labelling requirements, whilst the ‘producer’ is the entity responsible for extended producer liability obligations, including registration, reporting and the financing of packaging waste management;
• PFAS in food-contact packaging – from 12 August 2026, it will no longer be permitted to place on the market food-contact packaging containing PFAS in excess of the limits set out in the PPWR. The Commission also points out that the PPWR does not provide for a transitional period to allow for the depletion of stocks of such packaging manufactured before that date.
• Recyclability of packaging – all packaging placed on the market must be recyclable from 12 August 2026. However, detailed requirements for design for recycling will apply from 1 January 2030 or 24 months after the entry into force of the relevant delegated acts, whichever is later.
• Minimisation of packaging and void space – from 1 January 2030, packaging must be designed so that its mass and volume are limited to the minimum necessary to ensure functionality. For collective packaging, transport packaging and e-commerce packaging, a maximum void space ratio of 50% is also stipulated
• Harmonised labelling – from 12 August 2028, or 24 months after the entry into force of the relevant implementing act, whichever is later, packaging will have to be marked with a harmonised label indicating its material composition. The Commission points out that, after that date, Member States will not be able to maintain parallel national labels or mandatory national sorting instructions.

Entities covered by the guidelines

The guidelines are relevant to a wide range of participants in the packaging market, including packaging manufacturers, producers of packaged products, importers, distributors, distance sellers, operators of reuse schemes, producer responsibility organisations and packaging waste management operators.

Next steps

The Commission has announced further measures over the next 2–3 years, including implementing acts, delegated acts, standardisation mandates and further guidelines. The guidelines of 5 June 2026 therefore represent the first stage in clarifying the practical application of the PPWR.

 

New EU regulations on the sustainable life cycle of vehicles

On 18 June 2026, the European Parliament approved new regulations on the circular economy in the automotive sector. The regulations cover the entire life cycle of a vehicle – from design and production to end-of-life – and aim to increase the reuse of parts, recycling and the recovery of materials.

Context

The new regulations concern end-of-life vehicles and requirements for vehicle design in line with the principles of the circular economy. They are intended to replace the existing directives and introduce a uniform framework for the design, production, collection and treatment of end-of-life vehicles. According to information from the Council of the EU, one of the aims of the new regulations is also to tackle the problem of so-called ‘missing vehicles’, i.e. vehicles whose fate after deregistration is not effectively monitored.

Key principles

• Designing vehicles with dismantling and recycling in mind – new vehicles are to be designed in such a way as to facilitate the dismantling of parts and components and to enable their reuse, recycling, regeneration or refurbishment.
• Minimum content of recycled plastics – plastics used in every new vehicle type will have to contain at least 15% of recycled plastic within six years of the regulations coming into force, and 25% within ten years. At least 20% of this recycled material must come from end-of-life vehicles or end-of-life parts.
• Possible future targets for other materials – following a feasibility study, the European Commission will be able to set targets for the use of recycled materials for other raw materials as well, such as steel, aluminium, magnesium and critical raw materials.
• New rules on the sale of used vehicles – when a used vehicle is sold, the seller will be required to provide an assessment confirming that the vehicle is not an end-of-life vehicle, or a valid roadworthiness certificate. In transactions between private individuals, this requirement will apply in limited cases, including where the vehicle has been declared a total loss or the sale takes place exclusively via an online platform.
• Extended producer liability – three years after the new regulations come into force, manufacturers will be obliged to cover the costs of collecting and processing end-of-life vehicles, regardless of where in the EU the vehicle is taken off the road.
• Ban on the export of vehicles unfit for use – in order to curb the illegal processing and dismantling of vehicles, the new regulations will prohibit the export of vehicles deemed unfit for road use. This provision is due to come into force five years after the regulations enter into force.

Entities covered by the regulations

The new regulations will primarily affect vehicle manufacturers, importers, used vehicle dealers, dismantling centres, recycling operators and participants in the spare parts market. According to information from the Council of the EU, the regulations will continue to fully cover passenger cars and light commercial vehicles, whilst the processing requirements will also be extended to include, among others, heavy vehicles, motorcycles and special-purpose vehicles.

Next steps

Following adoption by the European Parliament, the legislative procedure still requires formal completion by the Council and publication of the act; according to industry sources, the regulations are, in principle, due to come into force 24 months after their entry into force.

 

June 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 June 2026 on the website of the President of the Office of Competition and Consumer Protection (UOKiK).

1. Children’s bicycles and scooters

The IH inspected 40 models of tricycles, balance bikes and children’s scooters, classified as toys. The inspections were carried out between January and April 2026 at wholesale, retail and large-scale retail stores.

Result of the inspections:

• irregularities were found in 18 out of 40 models, including formal and design non-conformities,
• irregularities in labelling or documentation were detected in 14 models, most commonly relating to warnings, instructions for use, declarations of conformity or manufacturer’s details,
• 9 models were found to be non-compliant in laboratory tests, including due to inappropriate spacing between components, wheels with insufficient diameter, sharp edges, faulty handlebar adjustment locks or a lack of stability in tricycles.

Consequently, the IH submitted eight requests to the President of the Office of Competition and Consumer Protection (UOKiK) to initiate administrative proceedings. In some cases, businesses have taken corrective action, and in five cases these measures have already been completed.

2. Sports scooters

The IH tested 20 models of sports scooters intended for children, teenagers and adults. The inspection covered labelling, instructions and physical and mechanical parameters affecting user safety.

Result of the inspection:

• irregularities in labelling were found in 9 models, including missing or incomplete manufacturer or importer details, missing warnings, incomplete instructions and unjustified CE marking,
• in 10 models, design defects were detected, in particular handlebar grips coming off, bending or breaking of the handlebar mount, and the absence of a permanent marking indicating the minimum handlebar insertion depth.

In the case of products with design defects, the IH submitted seven requests to the Office of Competition and Consumer Protection (UOKiK) to initiate administrative proceedings. Entities responsible for placing such products on the market may face fines of up to PLN 1 million. In the case of models challenged solely on the grounds of labelling or irregularities in online offers, businesses were able to take corrective action under the supervision of the IH.

3. Bicycle and scooter helmets

The IH inspected 15 models of bicycle and scooter helmets. The inspections were carried out between February and April 2026, and all the models were additionally subjected to laboratory tests to assess their structural safety.

Result of the inspections:

• formal irregularities were found in 8 out of 15 helmet models, including errors in declarations of conformity, technical documentation or the absence of required manufacturer or importer details,
• in 3 models, the instructions and information accompanying the product were found to be non-compliant, which may hinder the correct and safe use of the helmet,
• all the helmets inspected met the design requirements regarding shock absorption and the effectiveness of the retention system.

In three cases, the IH submitted requests to the President of the Office of Competition and Consumer Protection (UOKiK) to initiate administrative proceedings in connection with breaches of basic requirements. In the remaining cases, which concerned only formal non-conformities, the businesses are taking corrective action under the supervision of the IH.

4. Paints and varnishes

In 2025, all IH offices checked the labelling of 312 batches of paints and varnishes containing volatile organic compounds (VOCs), including products for painting buildings and their components, as well as mixtures for vehicle refinishing. In addition, 32 batches of products were tested in the laboratory at the Institute of Polymer Materials and Dyes Engineering, Paints and Plastics Division in Gliwice. A total of 61 businesses were inspected, including retail shops, branches of large retail chains and wholesalers.

Result of the inspection:

• irregularities were found at 9 of the 61 businesses inspected;
• 9 out of 312 batches of products were challenged, including 4 batches due to incorrect labelling and 5 batches due to non-compliant VOC content;
• with regard to labelling, the most common omissions were information on the product category or sub-category, the maximum permissible VOC content, and the maximum VOC content in the ready-to-use product;
• in laboratory tests, 5 out of 32 batches of products tested were found to be non-compliant, including cases where the VOC content did not match the manufacturer’s declaration on the packaging or the permissible limits specified for the relevant product category.

Consequently, the businesses inspected were required to cover the costs of testing the non-compliant products. The suppliers or manufacturers of the non-compliant products and the Environmental Protection Inspectorate were informed of the irregularities identified. The report shows that all businesses implemented corrective measures either on their own initiative or at the request of the inspectors, including by withdrawing the challenged batches of products from the market.

 

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