BDO
Do you produce waste?
Do you introduce packaging or packaged products to the market?
Are you introducing batteries, accumulators or electrical and electronic equipment to the market?
Do you transport waste?
Have you heard that you should register with BDO?
Do you need to commission someone competent to record waste and/or report on waste and packaging?
You've come to the right place 🙂
What is BDO? - Who should register in the Waste Database?
All companies produce waste no matter what kind They represent industry.
Each company generates a certain amount of them (some more, some less), but in total the amounts are so substantial that they generate a serious problem for the environment and the economy.
For this reason, after years of struggling with more and more serious problems, in response to the questions:
– “What to do with the increasing amount of waste”?
- "How to cause the problem to be solved"?
the legislator planned to tighten the system of waste circulation in the economy by creating a Waste Database - commonly referred to as BDO.
The Database on Products, Packaging and Waste Management, commonly referred to as the Waste Database or BDO for short, is an instrument, one can even say a tool that will enable effective supervision of the waste management market.
The operation of this system is likely to affect enterprises and institutions, as well as the common man. The goal is for everyone to change their approach to the issue of waste by introducing measures to minimize their generation, development of waste processing processes - so that less and less waste ends up in landfills and the problem of disposing of waste in areas not intended for this, e.g. in forests or meadows, disappears. In this way, the legislator began the fight against the gray area related to waste and illegal landfills, which no one wanted to admit to.
Centralizing the records and reporting on waste and packaging in BDO facilitates the inspection activities of the Voivodship Inspectorate for Environmental Protection and other competent authorities and accelerates the finding of irregularities. Thanks to BDO, the record system is more transparent, which makes it easier to generate reports at the national and EU level.
BDO is an ICT system with an integrated structure. It contains the BDO register, record modules, reporting modules. BDO is aimed at recording waste and packaging management; from the place of their production or entry into the country, to the place of their processing, storage or exit outside the country.
Who runs BDO?
The Ministry of Climate is responsible for the creation and operation of the Database on products, packaging and waste management.
The register is operated by marshals of voivodships, who enter entrepreneurs into it at their request. The applicant submits an application to the appropriate marshal for the company's seat.
BDO. - Who should register? - Who is covered by the obligation to enter BDO?
BDO has been in existence for several years. Since the beginning of 2020, further modules have been launched as part of BDO - recording and reporting systems.
The registration obligation applies to companies that:
- they generate waste and keep records of this waste,
- introduce into the territory of the country packaged products, tyres, lubricating oils, vehicles,
- introduce into the territory of the country batteries, accumulators,
- introduce electronic and electronic equipment into the territory of the country,
- Entrepreneurs who manufacture or import packaging as part of intra-Community transactions within the European Union are obliged to enter it in the database.
This means that this obligation applies to both large and medium-sized enterprises, as well as smaller companies that deal with the above-mentioned activities or conduct them as peripheral activities in relation to the main activities of the company from which they "live".
In some cases, registration/recording/reporting may apply to sole proprietorships, e.g. beauty salons, dental offices, construction companies, car mechanics plants or entities generating hazardous waste.
Are there any fees related to the BDO database?
Entries to the BDO involve the payment of a registration fee and an annual fee.
[Start of the Ministry of the Environment on the fee rates (...)]
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BDO – registration exemptions!
There is a group of entities which, by law, do not have to register with BDO.
The legislator allowed exemption from this obligation:
- organizational units that are not entrepreneurs and natural persons using waste for their own needs,
- entities that own the surface of the earth on which municipal sewage sludge is used in the scopes specified in this article and under the conditions specified therein,
- entities conducting non-business activities in the field of collecting packaging waste and used post-consumer articles (for example: medicines and/or medicine packaging, waste collected in offices/schools/institutions),
- transporting their own waste, and more specifically the waste they produce,
- farmer managing agricultural land area x < 75 ha, unless he is subject to entry in (…).
- [art. 51 sec. 2 oO]
Who should complete the records in BDO (in the Waste Database)?
From 2020, the records are kept only in electronic form. The database will contain the following data:
– companies that are obliged to register themselves on the basis of statutory provisions
and
– companies entered ex officio by the marshal of a given voivodeship or other Authorities.
The obligation to register also does not apply to companies that outsource the service to another entity e.g. in the scope of – construction, demolition, renovation of facilities, cleaning of tanks/equipment or cleaning, maintenance and repair.
For example, if fluorescent lamps are replaced in a given entity and this service is provided by an external company under the contract, then, in accordance with the Waste Act, the producer of waste generated as a result of/during the provision of this service will be the entity that provides this service (unless the contract provides otherwise). Therefore, it is very important for the waste producer to check and, if necessary, verify the provisions of the contract. It is thanks to properly formulated provisions in the contract that it is possible to stipulate that the company providing the service will be responsible for the waste generated during the service. In the case described above, the entity conducting office activity does not have to register with the BDO, provided of course it does not generate other types of waste than municipal waste.
Also an entrepreneur who produces only waste about the codes and quantities given in the regulation "on the types of waste and the amount of waste, for which there is no obligation to keep records of waste”, does not need to be entered in the register as a waste producer.
If several different entrepreneurs use a common premises, it is possible to transfer the responsibility for the generated waste to one of them or the lessor. The condition is that the entity to which the duties will be transferred will ensure waste management in accordance with the Act. In this case, it is advisable to sign the contract in the appropriate form.
Waste generated in companies and institutions in the part intended for social purposes due to their composition, they are treated similarly to municipal waste from households. They are not subject to any records, and their production does not generate the obligation to make an entry in the BDO register.
However, if, in addition to the waste generated in the part intended for social purposes, the entity also produces other waste that generates the obligation to enter or record, the obligation to enter the BDO register/record still applies to the waste subject to it.
[u oO, and amending acts u oO] for the waste producer
Registration in BDO - Duration?
The date of registration with BDO is very important. If the type of activity is subject to registration in the BDO, the company should register before starting the activity subject to registration.
In the Offices, the order of registration and submission of applications applies. Things are usually not dealt with right away. If the form is incorrectly completed or incomplete, the entity will be asked to make corrections or clarifications - and even to withdraw it and resubmit it. All this can take several days or even longer, depending on the subject of the problem. Delays in registration or acceptance of an application to BDO may significantly delay the start of our investment/project.
What may be the consequences/consequences of the lack of an entry that we were obliged to make?
Exceeding the time limit required by law or not submitting an application for registration at all, if the company is obliged to do so, may imply charging penalties.
In some cases, the penalties are even up to one million zlotys.
Other punitive measures in this regard include fines and imprisonment, but they are rarely used. A case related to failure to fulfill obligations may go to court or to the voivodeship environmental protection inspector (WIOŚ may also impose a substantial fine).
Such restrictive punitive measures are intended to enforce compliance with the regulations and fulfillment of duties carefully and on time.
What about the entities that should and will not make an entry in the BDO?
These entrepreneurs can expect serious restrictions in their functioning. From January 1, 2020, if an entity generates waste and is not registered, it may not transfer this waste to, for example, the recipient. It is not possible to issue an electronic waste transfer card. Currently, when the electronic system of the BDO database is in operation, the paper version of the waste transfer note (not generated by the BDO system) that was in force in the past is not accepted by the Authorities as a valid document. The transport company will therefore not be able to collect the waste from the company that generates it. That is why it is important to register from the moment you become subject to a given obligation.
The material is for information purposes only and is not an interpretation of the law. Due to possible changes in applicable law, all information provided should be verified and checked for validity.
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