When a waste shipment requires registration with BDO

In practice, the subject of waste transport is much less „contractual” than many businesses think. The principle is that the waste transporter should be registered in the BDO, as BDO reminds us explicitly in its official communications. It is precisely for this reason that waste transport should not be based on the mere belief that „after all, I have a statement from the customer” or that the transport itself is just an addition to another service. If a company carries out waste transport as a separate activity, as a matter of principle it should be entered in the register. The KPO further tidies up the whole process, as it contains the data of the transporter and is created before the transport starts, but the mere presence of the field „transporter” in the card is not the only basis for the obligation of entry - this one results from the provisions of the Waste Act. 

When is an entry in BDO required?

The safest answer is: as a general rule, when transporting waste, an entry is required. BDO reminds that according to the Waste Act, an entity transporting waste is obliged to obtain a registration entry, and this obligation also applies to foreign entities transporting waste across the territory of Poland. In practice, this means that an entrepreneur should not assume that a mere transport order, a contract with a client or a private declaration exempts him from registration. This is where most mistakes occur: companies confuse transport of waste with transport of „ordinary cargo” or assume that since they are not engaged in processing, the BDO does not apply to them. Meanwhile, transport itself is a separate title for entry. 

When does the statement itself appear in the workflow?

The declaration is not a substitute for the transporter's entry in the BDO. Instead, it appears in practice when receiving waste from an entity that is not subject to registration in the BDO and is exempt from the obligation to keep waste records. In such a situation, BDO points out that the transport takes place without the prior issuing of a KPO and the transporter may use additional documents drawn up for his own use or for presentation to the inspection authorities. BDO also explains that if the transporter makes a false declaration that there is no obligation to enter, the responsibility for the false declaration lies with the transporter. This does not mean, however, that the „simple declaration” is a universal substitute for an entry or KPO. Rather, it is an ancillary document in specific cases rather than a standard pathway for legal waste shipments. 

What exception is really worth knowing?

The most important exception identified in the BDO materials concerns transporting its own waste - such an entity is not subject to registration in this respect. This is an exception that must not be extended to all situations. Thus, if a company transports its own waste, it is still necessary to check whether it is actually acting as a transporter of its own waste and not as a transporter performing a service for another entity. In practice, this is where misinterpretation is easiest. It is therefore better to put a strong but true message in the article: in the vast majority of cases, waste shipments require registration in the BDO and the declaration is not a substitute for registration; the exceptions are narrow and must be assessed with caution. 

If you want to check whether your waste transport activity requires an entry in BDO and whether the documentation used is correct, it is best to verify this before an inspection or a first dispute with a waste recipient. For details, please see Contact on the website.