Obligation to Place BDO Number on Documents

Pursuant to Article 63 of the Act on Waste, some entrepreneurs being subject to entry to the “Register of entities introducing products, products in packaging and managing waste” (hereinafter referred to as the “BDO Register”), are obliged to place their BDO registration number on documents created in connection with their business activity. It concerns the following entities:

1. introducing devices on the market and their authorized representatives;
2. introducing batteries on the market;
3. introducing vehicles on the market;
4. producers, importers and intra-community purchasers of packaging;
5. intoducing on the Polish market products in packaging.

In case of not fulfilling the above obligation, an administrative fee from PLN 5,000 to PLN 1,000,000 may be imposed.

There is no definition what should be understood as “documents created in connection with business activity”. In theory it can cover everything, including agreements. In my opinion such obligation does not make much sense – the BDO Register is public and everyone can check date of every entrepreneur entered into the register. However, in the light of a possibility of a high fine, it is receommended to consider placing the BDO number on drafts of all company documents (including company headed paper and drafts of agreements). It does not require much effort and eliminates the risk.