On May 22, 2025, the Ministry of Climate and Environment published the guidelines for a draft law amending the law on waste electrical and electronic equipment and certain other laws (UC97). The aim of the draft is to implement provisions adapting national law to European Union regulations.
Directive 2024/884 of March 13, 2024, amending Directive 2012/19/EU on waste electrical and electronic equipment
According to the current legal status, the obligations related to the management of waste equipment depend on the date of its introduction to the market and are divided between the manufacturer (the entity introducing the equipment) and the user (the owner of the equipment).
Currently, the division is as follows:
- equipment placed on the market before August 13, 2005 – so-called old equipment,
- and equipment placed on the market after that date.
In addition, those placing the equipment on the market are required to achieve minimum annual collection, recovery, and recycling rates.
In accordance with the amendment to the regulations, in order to distinguish between so-called old equipment, new cut-off dates will be introduced, depending on the type of equipment, i.e.:
- household equipment placed on the market before August 13, 2005;
- photovoltaic panels intended for households placed on the market before January 1, 2016;
- other equipment intended for households placed on the market before January 1, 2018.
What will be the consequences of the changes?
After the changes, it will be the user of the equipment, and not – as before – the entity placing it on the market, who will be responsible for its disposal and covering the related costs.
The new obligation will apply only to:
- photovoltaic panels placed on the market between August 13, 2005, and December 31, 2015, and
- other types of equipment placed on the market between August 13, 2005, and December 31, 2017.
It is worth noting that this change only applies to PV panels not used for household purposes. Consumers therefore do not need to worry about the upcoming obligations.
As indicated by the legislator, the above regulations are aimed at ensuring demand for collection and processing services, which will enable producers to achieve minimum annual collection, recovery, and recycling rates for waste equipment.
It is worth noting that interest in disposal services may increase significantly in the near future, especially in the context of photovoltaic panels, whose service life often exceeds 20 years. For PV panels placed on the market in 2005, for example, this may mean the approaching end of their life cycle and thus the need for their disposal. Currently, this process is carried out at special processing and recycling points, which may soon see increased demand for their services.
Directive 2018/851 of May 30, 2018, amending Directive 2008/98/EC of November 19, 2008, on waste
The new regulations will also introduce the obligation to appoint a so-called authorized representative for foreign entities. The legislator has indicated that foreign entities are currently unable to establish an entity that would perform the obligations provided for in national regulations in connection with the introduction of packaged products or vehicles into the territory of Poland.
Rules for appointing an authorized representative and a list of entities that will be able to act in this capacity will be developed. The institution of an authorized representative will allow for more effective enforcement of Polish law in relation to foreign entities, such as the payment of environmental fees and compliance with recycling requirements.
More information on the guidelines is available at the following link: https://www.gov.pl/web/premier/projekt-ustawy-o-zmianie-ustawy-o-zuzytym-sprzecie-elektrycznym-i-elektronicznym-oraz-niektorych-innych-ustaw
