Launch of DIWASS: Poland enters a new system!

21 May 2026 will go down in the history of the Polish waste industry as a moment of great trial. Today marked the official launch of DIWASS, the centralised, European electronic system for transmitting data on the transboundary movement of waste. This system completely replaces the previous paper-based form of document flow. Theoretically, the digitalisation of processes should speed up information exchange between EU member states. However, Polish entrepreneurs are greeting this innovation with an atmosphere of immense legal uncertainty.

Launching DIWASS and the revolution in the PIC procedure

Procedure PICPrior Informed Consent) is undergoing a fundamental metamorphosis, as from now on, every application must be submitted to the system in digital form. The launch of DIWASS eliminates the need to send physical registered letters to the supervisory authorities in the country of dispatch, transit, and destination. All stages, from the submission of financial documentation to the confirmation of waste reception by the facility, take place in real time on EU servers.

The new system mandates that companies have active accounts in the database, and furthermore, every entity participating in the supply chain is obliged to immediately report any changes in the transport schedule. Failure to make an entry in DIWASS before commencing transport will result in the transport being deemed illegal, incurring severe financial penalties for carriers and exporters.

Data security in the system

The EU platform guarantees a high level of data encryption. This minimises the risk of leakage of companies' trade secrets. As a result, information on waste composition and contract prices is protected. However, the requirement for full transparency imposes new obligations on companies. For this reason, all forms must be completed meticulously. It is worth remembering that the system rejects applications with formal errors at the initial verification stage.

Lack of a Polish adaptation law – legislative paralysis

Although the launch of DIWASS and entry into force of Regulation 2024/1157 It had been planned for a long time, but the Polish legislator did not manage to implement the national provisions in time. As of today, Poland does not have an up-to-date act adapting Polish legal order to new EU requirements. This situation creates a dangerous legal loophole, which calls into question the effectiveness of enforcing certain procedural provisions.

Entrepreneurs find themselves in a conundrum, caught between directly applicable EU law and a lack of competent national legislation. The central regulation imposes new obligations, but it should be Polish law that specifies the procedure for imposing penalties or the appeal rules. The absence of these regulations means companies operate under increased legal risk, uncertain as to how to interpret sometimes conflicting guidelines.

Risk to turnover stability

The lack of national implementing regulations can lead to lengthy administrative proceedings before Polish authorities. Companies fear that without clear legal frameworks, officials will delay issuing decisions, which will hit the financial liquidity of waste processing plants.

Direct application of the EU regulation

Please note that EU regulations are binding in their entirety and are applied directly in all Member States. This means that despite the absence of Polish legislation, DIWASS launch and substantive rules for the transport of waste are already in force, and companies must comply with them under the penalty of EU sanctions.

Skills gap - challenges for the General Inspectorate of Environmental Protection and the Road Transport Inspection

The legislative situation is causing a power vacuum within the structures. Chief Inspectorate of Environmental Protection and Road Transport Inspection. Without a specific amending law, inspectors may find it difficult to establish a legal basis for conducting certain inspections provided for in the aforementioned regulation. This applies particularly to new powers concerning the verification of digital documentation available in the DIWASS system during road checks.

ITD faces a technological challenge, as officers must access data verification within a new system in field conditions. GIOŚ, in turn, as a central authority, must deal with the influx of applications in a new format without clear national guidelines on internal document circulation. This leads to a decision-making paralysis where authorities await legal opinions from ministries instead of efficiently processing applications.

Problems with imposing sanctions

Inspectors may face difficulties issuing fines for infringements that appear in new regulations but do not yet have corresponding entries in the Polish penalty schedule. This situation encourages appeals against the authorities' decisions and could lead to a wave of lawsuits against the state.

Coordination of control activities

The lack of coherent national regulations hinders cooperation between the General Inspectorate of Environmental Protection and customs authorities at borders. These services require clear instructions on how to proceed in the event of a DIWASS system failure or discrepancies between electronic data and the actual cargo.

Rules for processing ongoing applications

Many companies are wondering what is happening with applications submitted before 21 May 2026. According to transitional provisions, applications that obtained „in progress” status before the deadline are processed under the old rules until their completion. However, any new modification or extension of a permit after this date already requires registration in the new system.

The launch of DIWASS does not automatically invalidate previously issued paper permits, as long as their validity period has not expired. However, businesses must carefully monitor expiration dates to avoid situations where transport departs based on an old permit and returns under new regulations requiring full digitalisation. It is necessary to gradually transfer the active portfolio of permits to the electronic database, which will prevent sudden logistical disruptions.

Continuation of paper procedures

Applications submitted in the traditional format before today retain their legal validity during the transitional period. Administrative bodies are obliged to complete these proceedings without forcing applicants to resubmit data in DIWASS, unless there is a significant change in the transport conditions.

Hybrid management model

Transport companies currently have to manage two sets of documentation simultaneously, which increases operating costs and the risk of human error. Experts recommend the establishment of dedicated digitisation teams who will be solely responsible for the accuracy of data entered into the new EU system.

New documentation requirements for Annex VII

The transport of waste on the so-called Green List is also undergoing significant changes due to new standards for completing Annex VII. Although this waste is not subject to the PIC procedure, Regulation 2024/1157 tightens the requirements for the accuracy of information contained in transport documents. The DIWASS system will eventually cover this category of transport as well, aiming to curb the illegal movement of hazardous waste disguised as secondary raw materials.

From today, every Annex VII document must contain precise data about the recovery installation, including its registration number and confirmation that the processing will be carried out in an environmentally safe manner. Businesses must now attach declarations of compliance with environmental standards, which are significantly more detailed than before. Any mistake in the waste code or the absence of a signature from the responsible person will result in the transport being stopped at the border.

Shipper's responsibility

New regulations place greater emphasis on the responsibility of the entity organising shipments for the ultimate fate of waste. The exporter must have proof that the recipient in another country possesses the technology to process the given fraction in accordance with EU technological standards.

Archiving and ex-post controls

Annex VII documentation must be kept in electronic form and made available to supervisory authorities upon request for a period of five years. The DIWASS system is intended to facilitate auditors' verification of transport histories, thereby making it easier to detect anomalies in waste streams circulating across Europe.

Strategic risk management in the digital age

Efficient operation within the new system requires businesses to transition to digital operations immediately. Concurrently, they must exercise the utmost diligence in interpreting directly applicable EU regulations. A key factor in stabilising trade amidst Poland's legislative gap is verifying logistical processes against the technical requirements of the DIWASS platform and tightening oversight of Annex VII documentation. Only full operational transparency and adaptation to the regulation's standards will help avoid severe penalties for carriage deemed illegal.

It is recommended that businesses conduct an internal audit of their logistics procedures and train employees on the use of the DIWASS platform. It is also worth consulting with advisers specialising in environmental law. Only in this way will the company be prepared for potential disputes with regulatory bodies arising from the ambiguity of national regulations. Only a professional approach will minimise the risk of financial losses during this turbulent period of transformation.

Monitoring of legal changes

Company management boards should monitor the legislative progress on the Polish adaptation act daily. The emergence of these regulations may introduce additional requirements or clarify the rules for imposing penalties. This will be crucial for defence strategies in the event of inspections.

Co-operation with foreign partners

It is worth maintaining regular contact with contractors from other EU countries, where legal systems may already be better prepared for the launch of DIWASS. Exchanging experiences in the platform's operation will allow Polish companies to avoid mistakes that have already been identified and rectified in other European markets.

Author: Jakub Koszyński Editing; Paweł Makowski