The Database on Products and Packaging and on Waste Management (BDO) is a central IT system implemented in Poland that collects data related to waste management. It was established for the purpose of monitoring and controlling waste flows and verifying entrepreneurs’ compliance with environmental law.
Registration obligation
Any entrepreneur (including a foreign entrepreneur) prior to commencing activity on the territory of Poland within the scope laid down in Article 50(1) of the Act of 14 December 2012 on Waste (hereinafter: the “Waste Act”) is obliged to obtain an entry in the register, which forms an integral part of the BDO. The obligation to obtain an entry does not depend on the place of business or the company’s registered seat, but on the real effect of the activity on the Polish market.
Undertakings required to register include those conducting activities related (inter alia) to:
- placing single-use plastic products on the market;
- operating a catering establishment where single-use plastic products are offered;
- placing electrical and electronic equipment on the market;
- placing batteries or accumulators on the market;
- transport of waste.
The procedure for submitting an application for entry in the BDO for foreign entities depends on whether the entity maintains a branch in Poland.
Branches of foreign entrepreneurs
If a foreign entrepreneur has a branch registered in Poland, that branch is subject to the obligation to register in the BDO. The application for entry shall be submitted by a person authorised to represent the branch via the BDO electronic system.
After logging into the BDO by means of:
- Trusted Profile (Profil Zaufany);
- electronic banking;
- e-ID card;
- national eID;
– in the “applications” module the option “New registration application” should be selected and the form completed.
The registration form includes (inter alia):
- identification data of the entity, including its name (or first name and surname), European tax identification number (Polish tax identification number — NIP) and the address of residence or registered office;
- information on an implemented quality management system, environmental management system or their absence;
- tables divided into sections corresponding to the type of activity performed.
Foreign entrepreneurs without a branch
A foreign entrepreneur who does not have a branch in Poland is nevertheless subject to the obligation to be entered in the register if its activity falls within the competence of Article 50(1) of the Waste Act. In such a case the application for entry in the BDO is submitted in paper form.
The application may be:
- submitted in person (or through a proxy);
- sent by post;
– directly to the Marshal of the Masovian Voivodeship at the address of the Marshal’s Office.
To an application submitted by a proxy or sent by correspondence, the following must be attached:
- a copy of the passport certified as a true copy of the original by a foreign notary or by a Polish consul;
- a statement of the foreign national in Polish, or accompanied by a sworn translation, that he/she does not reside in the territory of Poland.
Documents originating from states outside the European Union must be affixed with an apostille issued by the competent authority of the state from which the documents originate, unless they have been certified by a Polish consul.
What happens after registration?
Each entry is made by the Marshal within 30 days from the submission of a complete application. Immediately after obtaining the entry, the entity may use the BDO.
Obligations following registration
An entry in the Register imposes on the entrepreneur the obligation to comply with the provisions of the Waste Act relating to record-keeping and reporting.
First and foremost, the entrepreneur is obliged to keep electronic records of generated and transferred waste in the BDO system and to submit annual waste reports for the preceding calendar year (pursuant to Article 50(3) of the Waste Act). Such report must be submitted to the BDO within the statutory deadline (by 15 March of the following year).
Additionally, if the entrepreneur:
- places electrical and electronic equipment on the Polish market;
- places batteries or accumulators on the Polish market;
- places vehicles on the Polish market;
- is a producer, importer or intra-Community purchaser of packaging;
- places products on the Polish market in packaging, tyres or lubricating oils;
– the entrepreneur is subject to a registration fee and an annual fee.
Under the applicable regulations these fees are:
- PLN 200 for micro-entrepreneurs;
- PLN 800 for other entrepreneurs;
– failure to pay the required fee or failure to fulfil reporting obligations results in financial sanctions provided for in the Waste Act.
After obtaining an entry in the register, in order to be able to perform actions within the system — such as maintaining the required records or fulfilling reporting obligations — it is necessary to log into the BDO via the National Node of Electronic Identification (Węzeł Krajowy Identyfikacji Elektronicznej — WKIE). A foreign entity or a person representing it need not be a Polish citizen to be able to log into the system. The identity of the person authorised to represent the entity in WKIE may be confirmed by means of a Trusted Profile or via electronic banking.
NOTE! In both cases a citizen of a foreign state must possess a PESEL number (Polish national identification number).
Foreign entrepreneurs may, however, act through a proxy who possesses such a number.
Therefore, if you are a foreign entity wishing to obtain an entry in the register, contact our team:
- we will prepare the registration application;
- we will assist in gathering the necessary documentation;
- we will conduct the registration proceedings before the competent Marshal.