The free-of-charge distribution of beverages in packaging covered by the deposit system does not trigger an obligation to collect a deposit. However, it does not release businesses from other environmental obligations. In particular, the mass of such packaging must still be taken into account when meeting selective collection targets for packaging and packaging waste.

This distinction, which is important from an operational perspective, is becoming increasingly evident in the current interpretative practice of the authorities.

The deposit return system in Poland has entered its operational phase, and its practical functioning is revealing further areas that require clarification.

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No sale means no deposit

Under the applicable regulations, the obligation to collect a deposit is linked to the act of sale. The deposit serves as a refundable charge collected at the time of purchase of a product and returned when the packaging is brought back.

Where a product is distributed free of charge, irrespective of its purpose, there is no basis for collecting a deposit. This is because no sale takes place, and it is the sale that the legislator has linked to the emergence of this obligation.

This interpretation is increasingly confirmed by the authorities.

For businesses, this means that promotional and marketing activities may be carried out without the need to collect a deposit.

Selective collection obligation covers the entire mass placed on the market

At the same time, the authorities also confirm that the absence of an obligation to collect a deposit does not affect the obligation to achieve selective collection targets.

This obligation applies to the total mass of packaging placed on the market, regardless of the method of its distribution. In other words, the legislator does not differentiate between packaging that is sold and packaging that is distributed free of charge in this respect.

In practice, this means that businesses remain environmentally responsible for packaging even if no deposit has been collected on it.

Accordingly, while the method of distribution – sale or free-of-charge distribution – is relevant for determining whether a deposit must be collected, it does not necessarily affect other environmental obligations.

CRIDO support

CRIDO supports businesses in the area of the deposit system and packaging-related obligations, including the analysis of the implications of free-of-charge distributions, identification of the scope of environmental responsibility, assessment of regulatory risks, as well as ongoing legal and regulatory advice related to the operation of the system.