The BDO register was created to improve monitoring and control of waste flows. The BDO penalties introduced under this scheme play a role in enforcing compliance with the rules Environment. Breach of BDO-related obligations, such as failure to register, failure to file reports or failure to comply with registration requirements, can result in severe financial sanctions. Therefore, understanding and complying with the requirements is not only a matter of legal compliance, but also part of building a responsible brand in the market.
BDO penalties - waste management control mechanism
BDO penalties are financial sanctions imposed on companies for failing to fulfil their obligations under the Register of Entities Introducing Products, Packaging Products and Waste Management (Waste Data Base, Waste Database) established to improve monitoring and control of the flow of waste in Poland. It was established under the Act of 14 December 2012 on waste (Journal of Laws 2021.0.779). The system requires operators to register, enter data on the type and quantity of waste produced and treated, and regular reporting. Penalties are intended to motivate compliance, which is important to protect the environment and public health. The amount of penalties varies and depends on the type of offence, however, they can significantly affect companies' finances, highlighting the importance of BDO compliance.
BDO - penalties for non-registration
Every waste business operator must be registered with the Waste Database Register (BDO). Failure to register with the BDO is a serious offence that can result in an administrative fine from the Provincial Environmental Inspector. These fines are applied to ensure compliance and may range from PLN 5 000 to as much as PLN 1 million. Lack of BDOs - penalties this high are intended to discourage companies from circumventing the registration obligation, thus emphasising the importance of the system in effective monitoring and management of waste in Poland. Failure to register activities with BDO is considered a violation of basic environmental regulations, which entails enforcement of these regulations by the relevant inspection authorities.
BDO - penalty for non-entry
Failure to comply with the regulations related to the obligation to register in the Waste Database Register (BDO) can result in severe administrative and criminal sanctions. The penalty for failure to make an entry in the BDO can range from PLN 100 to PLN 1 million, is imposed by the Provincial Inspector of Environmental Protection. The imposition of such a penalty is possible in the case of conducting business activities without the required registration in the BDO Register, as well as for failing to include the BDO registration number on documents related to the conducted activities, which is mandatory for entrepreneurs subject to the registration fee. There is also a similar penalty for:
- inconsistency of the submitted application with the facts,
- no waste transfer note,
- no records of waste
- breach of reporting and record-keeping obligations,
- inadequate storage of documents required by the Act,
- Lack of appropriate confirmations during waste shipments generated from BDO.
These severe sanctions underline the importance of complying with BDO regulations to protect the environment and improve waste management.
BDO - penalties for failure to report
In the context of the Waste Database (BDO) legislation, one of the obligations of every company is the timely submission of reports and applications for entries in the Register. Failure to apply for entries in the BDO Register may result in financial penalties imposed by the courts. The penalty for failing to file a BDO report is a fine from PLN 100 to even more than PLN 1 million. In some cases, where it is deemed particularly damaging to the waste monitoring system to fail to report BDO, the penalty is even arrest. These severe sanctions underline how seriously the legislator takes correct reporting and registration in the system.
Penalty for not having BDOs filed on time
The Waste Database Regulations (BDO) impose strict reporting obligations on companies to maintain transparency in the waste management process. The report must be submitted by 15 March for the previous year. Failure to comply with these obligations, may result in fines being imposed by the courts. The penalty for not submitting a waste report on time varies from 20 to 5,000 zlotys. In this case, the consequences are determined by Act on the Code of Offences of 20 May 1971.
How to avoid BDO penalties?
If you are affected by the BDO system, you will avoid penalties by complying with the applicable law. Companies need to make sure that all their waste management activities comply with regulations. This includes the timely submission of all required reports, the accurate maintenance of waste records, and the proper management of applications for entry, amendment or deletion from the register. If you are concerned that you may face penalties for failing to file a BDO report or consequences for other negligence, use professional environmental consulting proposed by the EKOPRO Group. Our services include BDO service for companies, which safeguards the company against the possibility of unknowingly breaching regulations. Proper records management and active monitoring of regulatory changes are integral elements of an effective BDO penalty avoidance strategy, which not only avoids sanctions but also builds a positive image of the company as a responsible market participant.
