The rules for waste collection are changing. Each property owner will be forced to terminate a contract with the previous service provider to avoid double payment for waste disposal. All consumers will have to pay a fee for their commune (gmina). On the World Consumer Rights Day UOKiK will remind you of the new provisions

In 2010 an average Pole produced 315 kg of waste. Most of waste collected at that time, over 10 mln tones of communal waste, according to the data by the Central Statistical Office (pl. GUS), was produced by households. The owners of single-family dwellings or summer houses have to sign contracts for waste collection on their own, in case of blocks of flats - housing coooperatives or dwelling community take the action. Thus they can more easily negotiate the conditions and select the most favourable offer. However, after the first half of 2013, a service provider will be selected by the commune, not local residents. During the debate held on the World Consumer Rights Day on 15^th March UOKiK will discuss if this solution is really beneficial to consumers. 

Contractual clauses applied in waste collection agreements raised the doubts of the Office as they, among others, deprived consumers of their right to withdraw from the contract when the service price changed. In fact, a consumer has the right to do so, whenever an undertaking changes the essential contract terms. Another questioned clause assumed a fraglantly short time for filing a complaint

For many years UOKiK has been carefully observing the activity of communes and public utility companies. The unlawful conduct of communes usually consists in abuse of a dominant position on the market of waste management and disposal. The President of UOKiK is currently conducting 16 proceedings concerning the infringement of collective consumer interests in this sector. Veolia Usługi dla Środowiska, a company operating in Kielce in the field of waste collection, has already learnt that the application of abusive clauses is contrary to law.

The proceedings in this case were instituted in September 2011. Contractual clauses applied in waste collection agreements raised the doubts of the Office as they, among others, deprived consumers of their right to withdraw from the contract when the service price changed. In fact, a consumer has the right to do so, whenever an undertaking changes the essential contract terms. Another questioned clause assumed a fraglantly short time for filing a complaint. Veolia Usługi dla Środowiska commited to change the contested clauses which means the replacement of already concluded agreements with the new ones, free from clauses questioned by the Office.

In currently conducted proceedings the President of UOKiK questions inter alia the clauses informing on imposing a fine for damage or burning a container (Ekologiczny Związek Gmin Dorzecza Koprzywianki), or for providing nett value (instead of gross value) for waste collection (Miejskie Usługi Komunalne w Skarżysku-Kamiennej). Moreover, the Office puts into question the clauses allowing for instant contract termination whenever the property owner falls behind with the payment – thus omitting the required by law summons to pay (Przedsiębiorstwo Usług Komunalnych van Gansewinkel w Krakowie).

The new law

Till the end of 2012 commune councils are obliged to take resolutions concerning: the amounts of payments for management of communal waste, date, frequency and method of incuring the payments as well as the way and scope of rendering services

The Act on maintaining cleanliness and order in communes was amended on 1^st January 2012. Communes will be responsible for waste collection. By way of tender they will select undertakings dealing with waste disposal. Consumers will be obliged to incur payments imposed by communes. Till the end of 2012 commune councils are obliged to take resolutions concerning: the amounts of payments for management of communal waste, date, frequency and method of incuring the payments as well as the way and scope of rendering services. Additionally, they have to inform consumers on the above. Each property owner must not forget to terminate their current agreement till the end of June 2013, otherwise they will incur a double payment for waste disposal – one on behalf of commune, the second – for the peviously binding agreement.

The debate held to mark the World Consumer Rights Day will raise the issues of changes affecting property owners as well as discuss whether consumers and undertakings will benefit from the new legal developments. Furthermore, we will present a report on the development of competition and consumer protection on the Polish market of waste collection and disposal of communal waste. The meeting will take place at UOKiK premises on 15^th March and will be attended by representatives of the Ministry of the Environment, Krajowa i Polska Izba Gospodarki Odpadami (eng. Polish and National Chamber of Waste Management) andZwiązek Pracodawców Gospodarki Odpadami(eng. Employers' Association of Waste Management).

The Word Consumer Rights Day is celebrated on 15th March as on this day in 1962 during his speech the US President John F. Kennedy formed the following four basic rights of a consumer: to information, to choice, to safety, and to representation. It is worth empahizing that consumers in Poland may turn to consumer ombudsmen in case of dispute with undertakings. Additionally, the Polish Consumer Federation provides free of charge counselling available at 800 007 707 as well as at its branch offices. Consumer advisory in Poland is financed among others from the budget of UOKiK.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 55 60 106
Fax: +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]