The MoE does not rule out the establishment of an umbrella institution in the deposit system

So far, the Polish deposit system has operated without an umbrella institution. However, this may soon change - in the latest statements and communications from representatives of the Ministry of Climate and Environment, one can read that the ministry is currently analysing the legitimacy of creating such an organisation. We will have to wait a little longer for information on the chosen direction of the deposit system - the final decision on this matter should be made as early as June.

Will the amendment spread the umbrella over the bail system?

The Ministry of Climate and Environment is considering the possibility of setting up an umbrella institution to bring together participants in the Polish bail system. Information about the ministry's plans was provided by Deputy Climate and Environment Minister Anita Sowińska during the European Economic Congress in Katowice.

At present, the Ministry of the Environment is trying to support all those involved in the operation of the bail system and to address so-called 'baby-age' issues on an ongoing basis. At the same time the ministry is working on an amendment to the law on the bail system, The scope of which should be known in June.

Anita Sowinska added that if an umbrella organisation is established, it should include all stakeholders in the Polish bail system and state institutions. Operators are of a similar opinion, advocating the establishment of a body that brings together representative bodies, trade representatives and waste and recycling industry organisations. However, they rarely mention state institutions in this group.

Minister Sowinska: agreements between operators as a basis for setting up an umbrella organisation

Demands for the creation of an umbrella organisation emerged already at the initial stage of work on the law introducing the bail system in Poland. Supporters of such a solution cited as an example mainly german bail system, where all operators are brought together by one organisation, Deutsche Pfandsystem GmbH. However, this idea was rejected and the umbrella organisation provisions were not included in either the original version of the law or its 2024 amendment.

According to the Ministry of Climate and Environment, in 2024, stakeholder expectations about the shape and role of the umbrella organisation were very different. After the first few months of operation of the deposit system, the situation is much clearer. What is more, the operators have already concluded agreements between themselves governing the most important issues, which can now be expanded and legally sanctioned.

According to Tomasz Suligowski, CEO of OK Operator Bail, if the MoE decides not to establish an umbrella organisation, it should be established by the operators themselves. The bottom-up establishment of an umbrella organisation has also been considered in the past, and even written into the contract that the five bail bond operators concluded in December 2024. According to the provisions of the contract, the institution was to ensure that the principles of security were maintained and that all stakeholders were treated equally. With the development of the bail system, the needs of its participants have evolved somewhat - nowadays operators and industry representatives expect the umbrella organisation to step in as an arbitrator, which would verify problems, enforce compliance with guidelines and rectify any irregularities. An important task of the organisation would also be the standardisation of processes, which could become a remedy for problems in the handling of separate collection and the selection of bottle dispensers.

Read also: Will the deposit scheme cover multi-material cartons?

What is an umbrella institution in a bail system?

An umbrella institution, also known as an umbrella organisation, is a an independent body that oversees various aspects of the operation of the bail system and enables dialogue between its stakeholders. It can be established either top-down - by legislation - or bottom-up - in the execution of agreements between those participating in the deposit system. Past practice shows that such an organisation usually brings together an operator (or operators) and representatives of producers and the trade.

Today, umbrella institutions operate in both single-operator and multi-operator systems. In practice, their importance is growing especially where multiple operators, numerous networks and outlets and a wide range of producers are involved in the deposit system, i.e. in situations where effective coordination of common operating rules is necessary. In many countries, umbrella organisations also play a stabilising role - reducing the risk of disputes over competence, enhancing the transparency of the deposit system and facilitating its further development.

The objectives of establishing an umbrella institution in the bail system include:

• ensuring equal treatment of all stakeholders,
• ensuring the tightness of the system, e.g. by introducing uniform security standards and improving them,
• monitoring financial flows and preventing fraud,
• establishing and enforcing rules and standards for separate collection, packaging counting and deposit accounting,
• conducting audits of the activities of individual stakeholders,
• creation of standards for labelling and recognition of packaging in bottle-makers,
• moderating dialogue and arbitrating between stakeholders.

The exact scope of the umbrella institution's tasks depends either on the laws of the country concerned or on contractual provisions.

Sources:

1. The bail system: what an umbrella organisation would change, https://forsal.pl/gospodarka/artykuly/11241003,system-kaucyjny-co-zmienilaby-organizacja-parasolowa.html
2. Anita Sowinska wants an umbrella organisation for the bail system, https://portalkomunalny.pl/anita-sowinska-chce-organizacji-parasolowej-dla-systemu-kaucyjnego-599982/