BDO Register – Obligatory From January

Since the beginning of 2018 in Poland exists the “Register of entities introducing products, products in packaging and managing waste”, in Poland commonly known as the “BDO Register”. The register is a part of the “Database of products, packaging and waste management policy” and constitutes a list of entities generating waste and keeping the record and reports about waste. From January 1st, 2020, the entry into the register will be obligatory. Non-fulfilment of this obligation may result in imposing penalty in the amount up to PLN 1,000,000 or even imprisonment..

Entities Which Are Obliged to Be Entered Into the Register

Categories of entities which should be entered into the register are listed in Article 49 sec. 1 of the Act on Waste. These are entities:

1. introducing products onto the market;
2. introducing the products in packaging;
3. running retail sale ore wholesale entities, in which bags for shopping made of plastics covered by the recycling fee mentioned in Article 40a of the Act on Packaging and Packaging Waste Policy, are offered;
4. managing waste.

At first glance, it seems that every company should apply for entry to the register. Explanation on the governmental website www.biznes.gov.pl confirms that, where it is stated that such obligation concerns entrepreneurs who:

1. produce waste and keep register of that waste;
2. introduce onto the Polish market, products in packaging, tires, oil greases, batteries, electric and electronic devices;
3. produce or import packaging or buy them within intra-community (from EU companies).

Entities Exempted Form the Obligation of Entry to BDO Register

Despite the entities’ categories indicated above are very wide, not every entity is obliged to get the entry to the register. The simplest way to explain it is to state that an entrepreneur who is not obliged to keep the waste record, does not have to apply for the entry in the register. Entities which are not covered by the obligation to keep the waste record, are indicated in Article 66 of the Act on Waste, pursuant to which the following entities are not obliged to keep the waste record:

1. producers:
   1. of municipal waste,
   2. of waste in the form of cars being withdrawn from use if such cars have been given to an entrepreneur operating detach station or an entrepreneur running cars collection point,
   3. being farmers having lands over 75 ha, but only if they are not obliged to be entered into the register on the basis of Article 51 sec. 1 of the Act on Waste;
2. natural persons and entities not being entrepreneurs, using waste for their own purposes according to Article 27 sec. 8 of the Act on Waste;
3. entities mentioned in Article 45 sec. 1 p. 1 of the Act on Waste;
4. types of waste or quantities of waste determined in the Regulation of the Minister of Environment on Types and Quantities of Waste Not Covered by the Obligation to Keep Waste Record.

More information about who is not obliged to apply for entry to the BDO Register, are in the explanation on the website www.biznes.gov.pl mentioned above. It is also worthy to use the test available under the address: https://bdo.mos.gov.pl/home/obowiazek_rejestracji/. After giving answers to the questions included into the form, information about the obligation of entry to the BDO register or about the lack of such information, is displayed.

Penalties For not Having Entry to BDO Register

Every, even the smallest company, should check before the end of the year whether it is covered by the obligation of entry to the register. Lack of such entry can result in administrative penalty in the amount between PLN 10,000 to PLN 10,000,000, fine or even imprisonment.