Glass bottles but out of deposit system - amendment will change the rules for returning reusable glass
Brewers and other producers of beverages in reusable glass bottles will not be compulsorily covered by the deposit system, or at least not until the end of 2028, as the Senate adopted an amendment to the Packaging and Packaging Waste Management Act on 21 January 2026, which allows private bottle return systems to continue.
A sudden turnaround on returnable bottles - glass, however, outside the central system
From 1 January 2026, reusable glass Beverage bottles were supposed to be covered by a central deposit system. They were supposed to be, but probably won't be, or at least not all of them. As late as 2025, some breweries have received interpretations from provincial marshals allowing the sale and return of reusable glass under the „old” rules. In addition, on 19 December 2025. A parliamentary draft amendment has been submitted to the Sejm. Packaging and Packaging Waste Management Act, which provided for the possibility of the continued time-limited operation of private bail schemes. Already on 9 January 2026, the amendment was passed by the Sejm, and on 21 January 2026 it was adopted by the Senate. A day later, the law was sent to the President for signature.
What does the amendment to the Bail Law change?
Amendment allows introducers to choose how to fulfil their obligation to separately collect beverage packaging - They may either join the central deposit system or operate their own packaging collection systems under the current rules. This applies only to producers of beverages in reusable glass bottles who established and operated such systems prior to the entry into force of the Act establishing a deposit system in Poland.
As indicated in the explanatory memorandum to the draft amendment, such a change is intended to ensure:
a stable and predictable legal framework for the continued operation of existing, market-based return systems for reusable glass bottles.
One of the conditions for the continued operation of private deposit systems is that the Minister of Climate must be notified of the collection within three months of the first placing on the market of packaged products collected outside the central system, i.e. by 31 March 2026.
At the same time the possibility to set up new private collection schemes is excluded for packaging subject to mandatory separate collection under the deposit system. All companies starting to operate on the Polish market will therefore have to join the deposit system operated by the representative entity right away.
Collection levels and obligations of introducers unchanged
Following the entry into force of the amendment to the Packaging Act, the provisions relating to the direct introducer of beverage packaging products, excluding the provisions relating to the deposit system, will apply to entrepreneurs operating their own deposit systems.
There will be no change in the obligations of beverage introducers in reusable glass bottles. They will still need to achieve minimum collection rates packaging calculated in accordance with the methodology indicated in the Act (i.e. as a percentage of the ratio of the quantity of packaging of the same type collected by the introducer in a given year and the quantity of packaging placed on the market by this introducer in a given year).
Check how the bail system works in Poland >>
Return of bail without receipt - new rules in old bail schemes
From the consumer's point of view, the most important change resulting from the adopted amendment is the following the possibility of returning glass bottles, even those belonging to private schemes, at any collection point and without the need to show a receipt. This is a considerable improvement - until now, the conditions for accepting reusable glass bottles largely depended on the rules adopted by individual shop owners. In most cases, the deposit could only be collected at the point of sale where the beverage in question was purchased and only on presentation of the receipt.
The aim of the amendment was to remove barriers by unification of the rules for the return of all deposit packaging, regardless of the type of deposit system to which these packages belonged. This is because inconsistent practices and differences between the conditions for collection of different types of packaging at the point of sale have caused confusion for consumers and discouraged returns. Importantly, there will also be no differentiation deposit amount for reusable glass bottles belonging to private systems and to a central system - in each case the consumer will pay and then recover the same amount.
Arguments for excluding reusable bottles from the central deposit system
The possibility of excluding reusable glass bottles from the central deposit system has long been sought by those introducing beverages in this type of packaging, especially brewery owners. The current amendment to the Packaging Act is a way to meet their expectations. What is more, Proponents of the bill have taken up much of the bottling industry's argumentation - Indeed, in the explanatory memorandum to the bill, they indicated that:
- The efficiency of private return schemes is now over 90%,
- Returnable packaging circulates within a closed loop and is used several times a year,
- Private bail systems have efficient logistics and short supply chains to reduce emissions,
- Operators of private deposit systems use record-keeping mechanisms that allow for the precise calculation of separate collection levels,
- the provisions involving the abolition of well-functioning private return systems were an example of „gold-plating”, i.e. excessive implementation of EU law beyond its requirements.
Read also: Will the deposit system increase the carbon footprint of PET bottles?
Further developments in the legislative process can be followed on the Sejm website.
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