Act amending the Act on Combating Unfair Market Practices and the Act on Consumer Rights – implementation of Directive (EU) 2024/825 (EmpCo)
On 24 September 2026, information was published on the website of the Sejm (the lower house of the Polish Parliament) stating that the Senate (the upper house of the Polish Parliament) had adopted the Act without amendments, and that it has subsequently been submitted to the President of the Republic of Poland for signature.
Context
Directive (EU) 2024/825, concerning the strengthening of consumer protection against greenwashing and the promotion of informed consumer choices, was published in the Official Journal of the European Union on 6 March 2024, and the deadline for its transposition expired on 27 March 2026. After taking into consideration proposals presented by the business community, the Polish Act implementing the Directive provides for the national provisions to apply from 27 September 2027.
Key principles
- general claims such as ‘eco-friendly’, ‘green’ or ‘climate-friendly’ are to be prohibited unless they are supported by recognised evidence of high environmental performance.;
- sustainability claims should be based on a certification scheme or established by a public authority;
- claims suggesting a neutral or positive impact of a product on the climate will be restricted if they are based solely on carbon offsetting;
- comparisons of products in terms of environmental impact, durability or repairability will require a transparent methodology;
- it will be prohibited to conceal the negative impact of software updates on a product’s functionality;
- it will be prohibited to present an update that merely enhances functionality as a necessary update;
- new prohibitions will also cover false claims regarding the durability and repairability of products.
Entities covered by the Act
The changes will apply to businesses directing commercial communications to consumers, in particular manufacturers, importers, retailers, online shops, platforms, advertising agencies and entities responsible for product labelling and packaging.
Next steps
The Act has been submitted to the President of the Republic of Poland, who has 21 days from the date of its submission to make a decision whether to sign the Act, refer it to the Constitutional Tribunal to examine its constitutionality, or return it to the Sejm for reconsideration (veto it).
Commission Implementing Regulation (EU) 2025/1960 of 25 September 2025 on the design and content of the harmonized label for the commercial guarantee of durability
On 27 September 2026, Commission Implementing Regulation (EU) 2025/1960, which sets out the templates for harmonised information on the legal obligation to ensure that goods comply with the contract and for the harmonised labelling of commercial durability guarantees, became applicable. The Regulation standardises the way in which this information is provided to consumers in both physical and online shops.
Context
The Regulation implements the provisions of Directive 2011/83/EU on consumer rights, as amended by Directive (EU) 2024/825 on strengthening the position of consumers in the green transition. The new measures are designed to make it easier for consumers to distinguish between their statutory rights relating to the non-conformity of goods with the contract and a voluntary durability guarantee provided by the manufacturer.
Key principles
- the introduction of a standardised information template on the seller’s liability for the conformity of goods with the contract, covering a period of at least two years;
- the establishment of the ‘GARAN’ label for a manufacturer’s free durability guarantee covering the entire product for a period of more than two years;
- an obligation to use specific templates, colours, sizes and QR codes linking to the Your Europe portal;
- the option to supplement the ‘GARAN’ label solely with the duration of the guarantee, the manufacturer’s name, and the model identifier;
- the requirement to display both templates in colour when selling via an online platform.
- in e-commerce, the ‘GARAN’ label should be placed directly next to the product image, and in a physical shop - on the product, its packaging, or the shelf.
Entities covered by the Regulation
The obligation regarding harmonised information applies to sellers of consumer goods. The obligation to use GARAN applies to manufacturers offering a commercial guarantee of durability provided free of charge that meets the specified conditions, and indirectly also to sellers presenting such guarantees to consumers.
Next steps
The Regulation was published in the Official Journal of the European Union on 2 October 2025 and applies from 27 September 2026. It is binding in its entirety and directly applicable in all Member States. The date of application has been coordinated with the date of application of the national provisions implementing Directive (EU) 2024/825.
Bill amending the Civil Code and the Code of Civil Procedure
On 8 September 2026, the Bill amending the Civil Code and the Code of Civil Procedure was published on the website of the Government Legislation Centre. The Bill implements Directive (EU) 2024/2853 on liability for defective products and is currently at the consultation stage.
Context
The Bill adapts the rules on liability for defective products to developments in software, digital products and artificial intelligence systems. At the same time, it aims to make it easier for injured parties to pursue claims in cases requiring specialist technical or scientific knowledge.
Key principles
- the concept of a product is to include software, including applications, operating systems, firmware and AI systems. Digital production files, such as those used in 3D printing, will also be considered products;
- liability may take into account related digital services necessary for the product to perform its functions;
- when assessing defects, it will be necessary to take into account cybersecurity, updates, the product’s ability to learn and its interactions with other products; a defect may result from a failure to install updates necessary to maintain security;
- liability to cover personal injury, damage to property not used exclusively for professional purposes, and the destruction or damage of data not used for professional purposes;
- the list of liable parties is to be expanded to include, among others, component manufacturers, importers, authorised representatives, fulfilment service providers, distributors and selected online platform operators;
- an entity carrying out a significant modification to a product may be treated as a manufacturer;
- the introduction of the possibility of ordering the opposing party to disclose or produce evidence, as well as specific presumptions facilitating the demonstration of a product’s dangerous nature and a causal link.
Entities covered by the Bill
The Bill is relevant to manufacturers of products and their components, software developers, importers, authorised representatives, contract manufacturers, distributors, online platform operators and entities carrying out significant modifications to products.
Next steps
The Bill remains at the stage of government legislative work and consultation. The new law is due to come into force on 9 December 2026. The new liability rules are to apply to damage caused by products placed on the market or put into service from that date.
Commission Implementing Decision on the harmonised standard for batteries
On 16 September 2026, Commission Implementing Decision (EU) 2026/2048 on the harmonised standard for batteries, drawn up for the purposes of Regulation (EU) 2023/1542, was published in the Official Journal of the European Union. The Decision contains a reference to standard EN 18060:2025 concerning the performance and durability of batteries used in road vehicles.
Context
Regulation (EU) 2023/1542 lays down requirements concerning, among other things, the performance, durability, safety, labelling and information relating to batteries. Compliance of batteries with harmonised standards, the references to which have been published in the Official Journal of the European Union, confers a presumption of conformity with the relevant requirements of this Regulation within the scope covered by the standard in question.
Key principles
- EN 18060:2025 relates to the performance and durability of specific EV modules and batteries;
- the scope of the standard covers the performance and durability of EV modules and batteries utilising alkali-ion, lead-acid, nickel-metal hydride technologies and combinations of different chemical technologies;
- the standard applies to rechargeable batteries with internal energy storage, intended for road vehicles;
- compliance with the standard gives rise to a presumption of conformity with the relevant requirements of Regulation (EU) 2023/1542 to the extent covered by the standard.
Entities covered by the Decision
The Decision is primarily relevant to manufacturers of batteries and battery modules intended for use in road vehicles, as well as other entities involved in assessing the conformity of these products with the requirements of Regulation (EU) 2023/1542.
Next steps
A reference to standard EN 18060:2025 has been published in the Official Journal of the European Union. From the date of publication, compliance with the standard may constitute a presumption of conformity with the requirements of Regulation (EU) 2023/1542 in the areas covered by that standard.
The Council of the European Union adopts a position on the speeding up of environmental impact assessments
On 30 September 2026, the Council of the European Union agreed on a negotiating position regarding the draft regulation on the speeding up of environmental impact assessments. The draft aims to simplify and streamline procedures for projects of strategic importance, whilst maintaining EU environmental protection standards.
Context
The draft forms part of the ‘Omnibus VIII’ simplification package, which aims to reduce unnecessary costs and administrative burdens arising from EU environmental legislation. The proposed measures include the establishment of single points of contact, the digitisation of procedures, and the streamlining of deadlines for conducting environmental assessments.
Key principles
- establishing an exhaustive list of strategic projects subject to fast-track environmental assessment procedures;
- simplifying sector-specific authorisation procedures, including those arising from legislation on net-zero industry, semiconductors and critical raw materials;
- including selected recurring activities, such as forest management and the maintenance of watercourses, within specific arrangements relating to the Habitats Directive and the Birds Directive, together with additional safeguards for plant and animal populations.
Entities covered by the draft regulation
The draft is relevant to investors carrying out strategic projects and to entities participating in consultations and environmental impact assessments of projects.
Next steps
The adopted position constitutes the Council of the European Union’s mandate for negotiations with the European Parliament. Talks will begin once the Parliament has adopted its own position, with the aim of reaching a provisional agreement on the package of measures.
Bill on the Cross-border Shipment of Waste
On 17 September 2026, a new version of the Bill on the Cross-border Shipment of Waste was published on the website of the Government Legislation Centre. The Bill is intended to ensure the application in Poland of Regulation (EU) 2024/1157 and to replace the existing Act on the International Shipment of Waste.
Context
Regulation (EU) 2024/1157 introduced new rules on the shipment of waste, including the mandatory electronic exchange of information and documents via the central DIWASS system. The Bill aligns national procedures, the powers of authorities, and the system of sanctions with the new EU regulations.
Key principles
- aligning national procedures with the electronic exchange of documents and information via the DIWASS system;
- enabling the issuance of preliminary authorisations also for waste not listed in the annexes to Regulation (EU) 2024/1157;
- extending the scope for amending issued authorisations, including in relation to the transport route, the method of waste packaging, and the carrier;
- regulating the actions of the Chief Inspector of Environmental Protection in the event of illegal or failed shipments of waste, including the return and management of waste and the recovery of costs incurred;
- maintaining the ban on the import into Poland of waste intended for disposal and municipal waste, with the exception of waste collected separately for recycling purposes;
- aligning the rules on controls and sanctions with the requirements of Regulation (EU) 2024/1157, including the possibility of revoking or temporarily suspending the relevant authorisations.
Entities covered by the Bill
The Bill is relevant to entities involved in the cross-border shipment of waste, in particular notifiers, consignees, carriers, operators of recovery or disposal facilities, as well as financial institutions providing financial guarantees.
Next steps
The Bill is currently being considered by the Committee on European Affairs. Once the government’s legislative process has been completed, the Bill will be submitted to the Council of Ministers for consideration and then to the Sejm (the lower house of the Polish Parliament).
Bill on the Use of the Eco-label and Terms Relating to Organic Production in Mass Catering
On 3 September 2026, the Bill on the Use of the Eco-label and Terms Relating to Organic Production in Mass Catering was published on the website of the Government Legislation Centre.
Context
The Bill provides for the establishment of a national labelling system for establishments using organic food, as well as rules governing the use of terms such as ‘organic’, ‘eco’ and ‘bio’. Mass catering establishments are not permitted to use the EU organic production logo. The currently binding regulations do not provide for a national label enabling consumers to identify establishments where organic food is used in meal preparation, and the Bill aims to fill this gap by creating a separate, voluntary labelling scheme, independent of the EU’s organic production certification system.
Key principles
- introducing four variants of the eco-label: gold, silver, bronze and green;
- creating a public register of establishments authorised to use the label;
- linking the label variant to the proportion of the value of organic food purchased, with separate rules for organic producers;
- introducing obligations regarding the verification of certificates, the keeping of a purchase register, and periodic checks on compliance with the required conditions;
- regulating the use of the terms ‘organic’, ‘eco’ and ‘bio’ in advertising, commercial descriptions, names and trademarks;
- entrusting supervision to provincial inspectors responsible for the commercial quality of agri-food products and establishing financial penalties for infringements.
Entities covered by the Bill
The Bill applies to mass catering establishments, including restaurants, catering companies and canteens. The use of the eco-label will be voluntary and will not apply to vehicles or mobile sales outlets, whilst the rules governing the use of organic terms will apply to all establishments using them.
Next steps
The Bill is currently being considered by the Legal Affairs Committee. According to the text of the Bill, the new law is scheduled to come into force three months after the date of its publication in the Journal of Laws. The Bill also includes plans to adopt a regulation specifying the graphic designs of the labels.
September reports from the Trade Inspection Authority
Below is a summary of the results of inspections carried out by the Trade Inspection Authority (IH), published in September 2026 on the website of the President of the Office of Competition and Consumer Protection (UOKiK).
Children’s clothing
On 11 September 2026, UOKiK published the results of an inspection of nearly 1,000 batches of children’s clothing, carried out by IH in the first half of 2026. A total of 166 businesses, including manufacturers, wholesalers and retail outlets, were inspected with regard to, among other things, raw material composition, information on composition and fibres, and product descriptions.
Inspection results:
- irregularities in labelling were detected in 188 out of 949 batches inspected;
- discrepancies were found between the composition stated on the shop’s website and that declared on the product and labels;
- incorrect or foreign-language fibre names were found to be used, e.g. ‘cotton’ instead of required Polish term ‘bawełna’;
- cases were noted where the percentage composition of raw materials was listed in an order that did not comply with the requirements;
- in 27 out of 113 batches tested in the laboratory (i.e. 24%), the actual raw material composition differed from that declared.
Consequences:
- products in which irregularities were found were withdrawn from sale by the inspected businesses;
- all traders who offered products with non-compliant raw material composition had to bear the costs of the laboratory tests.
Children’s cots
On 25 September 2026, UOKiK published the results of an IH inspection concerning the labelling and physical and mechanical parameters of 12 models of cots. The inspection covered selected manufacturers, importers, wholesalers, and retail outlets.
Inspection results:
- in terms of labelling (details identifying the responsible entity, product identification, warnings, and instructions), no model was found to be non-compliant;
- following laboratory tests, 7 out of 12 models were found to be non-compliant due to design defects, whilst in 3 cases the non-compliance posed a low risk to the consumer;
- the irregularities identified included incorrect spacing between rungs, rungs breaking under load, sharp edges on springs, and splinters on slats;
- in three cases, non-compliance with the standard posed a low risk to consumers.
Following the detection of significant design defects, IH submitted requests to UOKiK to initiate proceedings in connection with the placing of dangerous products on the market. These proceedings may result in fines of up to PLN 1 million being imposed on the entities responsible for placing dangerous products on the market. In the case of the three low-risk models, the responsible entity was notified.
Soothers and soother holders
On 25 September 2026, UOKiK published the results of an IH inspection concerning soothers and soother holders. The labelling of 17 models and the physical and mechanical properties of 15 models were checked. The inspection covered manufacturers, wholesalers and retail outlets.
Inspection results:
- the labelling of 2 out of 17 models was found to be non-compliant, with all the products in question being soother holders;
- irregularities in labelling were found in 2 models, including a lack of safety information on the online listing and the unjustified use of the CE marking;
- in 2 out of 10 models of soother holders tested in the laboratory, design faults were detected, such as excessive length, a cord that was too thin, a bead that broke, and inadequate ventilation holes in the clip;
- all 5 models of soothers tested in the laboratory met the relevant requirements.
IH proceedings concerning the two soother holders with design defects are ongoing. Entities responsible for placing dangerous products on the market may face fines of up to PLN 1 million. The trader found to have an incorrectly marked a soother holder has taken corrective action under IH supervision.
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