Direct sales EPR Poland: who is the producer?
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For direct sales sales in Poland, the sourced hierarchy names the manufacturer or brand owner, importer and first distributor as the producer of primary packaging. It adds secondary (manufacturer or brand owner, importer and first distributor). Instica estimates which role fits your sales and prepares the data; you confirm the role, then sign and submit.
Who is the producer for direct sales sales in Poland?
A packaging producer is not one business for every pack. The hierarchy for Poland assigns a role at each packaging level, and 5 levels have roles named in the sourced text. direct sales sales touch 4 of them in Instica’s grouping, so the table below shows every level and marks the ones that apply to this channel.
| Packaging level | Roles named in the hierarchy | For direct sales |
|---|---|---|
| primary | manufacturer or brand owner, importer and first distributor | Applies to direct sales sales |
| secondary | manufacturer or brand owner, importer and first distributor | Applies to direct sales sales |
| tertiary | manufacturer or brand owner, importer and first distributor | Applies to direct sales sales |
| shipping | online marketplace seller and manufacturer or brand owner | Applies, without the marketplace roles |
| service | manufacturer or brand owner, importer and first distributor | Not part of a typical direct sales order |
| other | — | No role named |
Poland: at the primary packaging level the producer hierarchy names the manufacturer or brand owner, importer and first distributor (2026).
Primary packaging is the pack that directly holds the item and reaches the customer with it: the bag, jar, bottle, can or wrapper. For direct sales sales the hierarchy assigns it to the manufacturer or brand owner, importer and first distributor, in that order of precedence.
Poland: at the secondary packaging level the producer hierarchy names the manufacturer or brand owner, importer and first distributor (2026).
Secondary packaging groups or presents primary packs, such as an outer box, a sleeve or a multipack carton. For direct sales sales the hierarchy assigns it to the manufacturer or brand owner, importer and first distributor, in that order of precedence.
Poland: at the tertiary packaging level the producer hierarchy names the manufacturer or brand owner, importer and first distributor (2026).
Tertiary packaging moves goods in bulk: pallets, stretch wrap, corner boards and outer cartons for warehouse and freight. For direct sales sales the hierarchy assigns it to the manufacturer or brand owner, importer and first distributor, in that order of precedence.
Poland: at the shipping packaging level the producer hierarchy names the online marketplace seller and manufacturer or brand owner (2026).
Shipping packaging is what an order travels in to the customer: the mailer or shipping box, void fill, tape and labels. For direct sales sales the hierarchy assigns it to the online marketplace seller and manufacturer or brand owner, in that order of precedence.
Poland: at the service packaging level the producer hierarchy names the manufacturer or brand owner, importer and first distributor (2026).
Service packaging is supplied at the point of sale to hand goods over, such as carrier bags, takeaway containers and gift wrap. For direct sales sales the hierarchy assigns it to the manufacturer or brand owner, importer and first distributor, in that order of precedence.
The roles above are defined by the law, not by the channel. This is what each one means for a seller whose orders come through direct sales, and the tests below are the questions to answer about your own business. When you sell and ship directly you usually hold the seller, packer and shipper positions together, so the answer depends mainly on who made the product and whose brand it carries.
- manufacturer or brand owner
- The manufacturer or brand owner is the maker of the packaged product when it is sold under the maker’s own brand or with no brand shown. Look at the label: if your name or brand is the one on the pack, or no brand is shown and you made it, this role is yours.
- importer
- The importer is the business that brings the packaged goods, or the packaging itself, into the jurisdiction. Look at where the goods came from: stock that crossed the border to reach you makes you the importer for that stock.
- first distributor
- The first distributor is the business that first makes the packaged goods available in the jurisdiction. Look at who first made the goods available locally: if that was you, the role falls to you.
The statute or regulator text behind the Poland hierarchy, in its source wording:
Original wording
makes available for the first time on the territory of another Member State, directly to end usersSource: eur-lex.europa.eu: oj
What direct sales changes about the answer
The hub for Poland gives the default answer, primary: manufacturer or brand owner > importer > first distributor. For direct sales sales the outcome is primary: manufacturer or brand owner > importer > first distributor; secondary: manufacturer or brand owner > importer > first distributor; tertiary: manufacturer or brand owner > importer > first distributor; shipping: manufacturer or brand owner. The difference is the secondary, tertiary and shipping levels, which an order placed through direct sales brings into scope and a plain in-store sale does not.
Instica groups the packaging levels an order placed through direct sales produces as primary, secondary, tertiary and shipping. That grouping is our reading of how the channel ships goods, not wording from the law, and it is what makes the outcome here different from the default.
Direct sales cover orders you take and fill yourself, through your own site, a phone order, an invoice or a trade customer. You are the seller and normally the packer and shipper, and you hold the order data in whatever system you use.
For direct sales sales in Poland, the producer outcome is primary: manufacturer or brand owner then importer then first distributor.
For direct sales sales in Poland, the producer outcome is secondary: manufacturer or brand owner then importer then first distributor.
For direct sales sales in Poland, the producer outcome is tertiary: manufacturer or brand owner then importer then first distributor.
For direct sales sales in Poland, the producer outcome is shipping: manufacturer or brand owner.
The hierarchy for Poland also names online marketplace seller. Those roles describe marketplace operators and their sellers, so they are left out of the direct sales outcome.
Does a small-seller threshold apply in Poland?
One threshold is published for Poland. A threshold can exempt a small producer, trigger registration or move a producer to a lighter regime, so check these before anything else as a seller on direct sales.
| Measure | Amount | Effect | Basis |
|---|---|---|---|
| packaging weight | 10 tonnes per calendar year | reduced duties | packaging made available for the first time in the Member State |
Poland threshold on packaging weight: 10 tonnes per calendar year; effect: reduced duties.
Sales on direct sales count toward the same totals as every other channel you sell through.
Registration and the organisation in Poland
Once you know you are the producer, the next questions are where to register and with whom. The facts below are the sourced answers for Poland; Instica prepares the data, and you register and report yourself.
Poland: producers must register through Waste register (BDO), art. 49 of the Waste Act of 14 December 2012.
The registration point is Waste register (BDO), art. 49 of the Waste Act of 14 December 2012. Instica never stores your login for it and never files for you.
Poland organises producer responsibility through more than one producer responsibility organisation: Packaging recovery organisations (registered); membership is not required.
Poland uses more than one producer responsibility organisation. Instica estimates your fees; the organisation invoices you.
Poland allows a producer’s obligation to be transferred to another party.
A transfer lets another party take on your obligation; the source says transfer of the recycling obligation to a packaging recovery organisation (organizacja odzysku opakowań). If you sell through direct sales, ask whether the other party is willing before you rely on it.
Exemptions listed for Poland
No verified exemption is published for Poland yet.
Dates that matter in Poland
3 dates are published for Poland. Dates come from the regulator or the organisation, and each one shows what it covers.
| Kind | Date | Covers | Note |
|---|---|---|---|
| report | June 1 | the previous calendar year | Annex IX Part B point 1 data to the register authority, by the producer, its authorised representative or its PRO; a Member State may require quarterly reporting for budgetary reasons. |
| other | August 12, 2026 | — | Regulation (EU) 2025/40 applies from this date. |
| payment | March 15 | the previous calendar year | Product fee paid to the voivodeship marshal's account. |
Poland: report date June 1, covering the previous calendar year.
Poland: other date August 12, 2026.
Poland: payment date March 15, covering the previous calendar year.
Pull direct sales orders for the period before each reporting date, so gaps in the destination data show up while there is time to fix them.
Penalties in Poland
6 penalties are published for Poland.
Poland penalty for cases in Art. 56(1) pts 1-4, 4b, 5-10 and 14-14b: PLN 10,000 to PLN 500,000 per infringement.
Poland penalty for cases in Art. 56(1) pts 4a, 10d-10g, 10l-10q, 14c-14f and 14h-14j: PLN 10,000 to PLN 50,000 per infringement.
Poland penalty for cases in Art. 56(1) pts 10a, 10b, 10h-10k, 13 and 14g: PLN 10,000 to PLN 1,000,000 per infringement.
Poland penalty for cases in Art. 56(1) pts 10c and 11-12a: PLN 500 to PLN 20,000 per infringement.
Poland penalty for cases in Art. 56(1) pts 15 and 16: PLN 40,000 to PLN 750,000 per infringement.
Poland penalty for cases in Art. 56(2): PLN 20,000 to PLN 750,000 per infringement.
Penalties are quoted from the source. Instica does not predict whether one will be applied to you.
What direct sales data Instica reads
Instica reads one export from direct sales and maps each column to the fields an estimate needs: the order, the SKU, the quantity and where the order was sent. The destination is what splits your units by jurisdiction.
direct sales: the Any order CSV (you map the columns) layout is not yet published. Reason: No vendor layout; every column comes from the mapping you submit.
The layout of the direct sales export has not been confirmed against the publisher’s own documentation yet. Instica shows it as not yet published rather than guessing, and you can map your own columns.
Map your own direct sales columns in the workspace; the required fields stay the same.
What to do next as a seller on direct sales
- Confirm your role for direct sales sales in Poland against the table above.
- Check the thresholds and exemptions with your total sales across every channel.
- Review how Packaging recovery organisations (registered) registers and invoices producers.
- Export your direct sales orders and let Instica match the destinations and estimate the weights.
- Review the estimate, correct any figure you know better, then sign and submit the report yourself at the registration point.
Instica measures, estimates and prepares the direct sales data. It does not decide your role, sign for you or submit anything.
Questions sellers ask
Am I the producer if I sell on direct sales in Poland?
It depends on the facts of each product. The sourced hierarchy for Poland names the manufacturer or brand owner, importer and first distributor for primary packaging. If you made the product, own its brand or imported it, you are probably in that list; if you only resell another brand’s goods, someone else may be the producer. Instica estimates the likely role from your answers and you confirm it.
Does direct sales register or report for me?
The hierarchy names online marketplace seller for Poland, so the marketplace can carry a role in some cases. Do not assume it covers your own products: read the source and keep your own records.
What is different about direct sales compared with selling in a shop?
An order placed through direct sales is shipped to the customer, so shipping packaging enters the picture. For Poland the outcome is primary: manufacturer or brand owner > importer > first distributor; secondary: manufacturer or brand owner > importer > first distributor; tertiary: manufacturer or brand owner > importer > first distributor; shipping: manufacturer or brand owner. The hub for Poland describes the default for primary packaging only.
Is there a size threshold for direct sales sellers in Poland?
Poland threshold on packaging weight: 10 tonnes per calendar year; effect: reduced duties. The threshold counts all your sales, not only direct sales.
When is the next date I should know about?
Poland: report date June 1, covering the previous calendar year.
What happens if I do not register?
Poland penalty for cases in Art. 56(1) pts 1-4, 4b, 5-10 and 14-14b: PLN 10,000 to PLN 500,000 per infringement.
Do I need an organisation to handle this for me?
Poland works through Packaging recovery organisations (registered). Instica estimates your fees and prepares your data; the organisation registers you and issues the invoice.
How these figures are made
Sources
- eur-lex.europa.eu: oj retrieved
Original wording: makes available for the first time on the territory of another Member State, directly to end users
Original wording: a quantity of packaging, including packaging of packaged products, of less than 10 tonnes during one calendar year
Original wording: of Annex IX to the competent authority responsible for the register, by 1 June for each full preceding calendar year.
Original wording: It shall apply from 12 August 2026.
- eli.gov.pl: text (2013) retrieved
Original wording: Wprowadzający produkty w opakowaniach jest obowiązany zapewniać odzysk, w tym recykling
Original wording: podlega, w zakresie tej działalności, wpisowi do rejestru, o którym mowa w art. 49 ustawy z dnia 14 grudnia 2012 r. o odpadach
Original wording: jest obowiązany przekazać organizacji odzysku opakowań
Original wording: Wprowadzający produkty w opakowaniach jest obowiązany przekazać organizacji odzysku opakowań
Original wording: do dnia 15 marca roku następującego po roku kalendarzowym, którego opłata dotyczy.
- eli.gov.pl: text (2026) retrieved
Original wording: w przypadkach, o których mowa w art. 56 ust. 1 pkt 1–4, 4b, 5–10 i 14–14b – od 10 000 zł do 500 000 zł
The free plan is enough to start. We estimate and prepare; you sign and submit.