Packaging and Packaging Waste Regulation

The PPWR (Packaging and Packaging Waste Regulation 2025/40) is an EU regulation on the kinds of packaging that may be used in the EU market. It sets requirements for packaging composition. re-use and recoverability. It also includes requirements for national packaging waste management and prevention measures. It entered into force on February 11, 2025, and will apply directly in all member states starting August 12, 2026. It replaces the previous Packaging Directive (94/62/EC) as well as previous national regulations.

Virtually every company that places packaging or packaged products on the EU market is affected, regardless of company size or location. This includes, among others, manufacturers, importers, distributors, and fulfilment service providers. The complexity of complying with the PPWR, and therefore, the extent to which a company is effected by the regulation depends heavily on the type and variety of packaging used. Companies that use many distinct packaging formats, or whose packaging is unstandardized may find it particularly challenging to comply with the PPWR’s requirements.

Starting August 12, 2026, the first binding requirements of the PPWR will take effect:

• Companies must register under the Extended Producer Responsibility (EPR) system in every EU member state where they place packaging on the market for the first time.
• Substances of concern in packaging must be minimized. The presence of heavy metals and PFAs are to be limited.
• Manufacturers must prepare technical documentation for each type of packaging, and an EU declaration of conformity created.
• All packaging must bear a type, batch or serial number or another element that allows its identification.
• All packaging must bear the name, registered trade name or registered trademark of its manufacturer and importer.

Further requirements, including recyclability, harmonised labelling and limits on empty space, will come into effect in stages until 2040.

Consequences for non-compliance are to occur on three levels:

1. Market bans: Products with non-compliant packaging may be removed from the EU market.
2. Financial penalties: The PPWR requires all member states to enact effective and deterrent systems of fines. In Germany, for example, the Packaging Law Implementation Act (VerpackDG) provides for graduated fines depending on the severity of the violation; sanctions for PPWR violations are set to take effect on February 12, 2027.
3. Increased EPR fees: From 2030 onwards, EPR fees will be eco-modulated. Packaging with low recyclability will be subject to higher financial contributions.

The EU Declaration of Conformity (DoC) is issued by the manufacturer, and declares that the packaging meets the requirements of the PPWR, and that the manufacturer takes sole responsibility for this conformity. The requirement to issue a Declaration of Conformity applies as of August 12, 2026, to all packaging and packaged goods placed on the EU market for the first time.

The Declaration of Conformity must be based on technical documentation, which provides evidence that the packaging meets the requirements of the PPWR. From August 2026, this documentation must demonstrate the packaging’s conformance with the limits placed on substances of concern. As further requirements come into force, the documentation must be expanded to include, among others, information on recyclability, reuse and empty space.

The Declaration of Conformity, and the technical documentation must be updated whenever changes are made to the packaging, and kept for a given period of time (5 years for single-use packaging and 10 years for reusable packaging).

Extended Producer Responsibility (EPR) requires companies that place packaging on the market of a EU member state for the first time to bear financial responsibility for the disposal and recycling of that packaging. Through the PPWR, existing EPR requirements across the EU are harmonised. The scope, fees, registration and reporting requirements are standardized.

Thus, the EPR processes already in place in member states are being adapted. For example, in Germany, registration and reporting will continue via the Central Packaging Register (LUCID). It will, however, be expanded to cover a broader group of obligated parties, including manufacturers of packaging not subject to mandatory participation in a recycling system (Hersteller nicht systembeteiligungspflichtiger Verpackungen).

REACH defines Substances of Very High Concern (SVHCs) as substances with serious and often irreversible effects on human health and the environment.

Substances of Concern as defined by the PPWR include not only REACH SVHCs, but also substances that impair the reuse and recycling of packaging materials.

Hence, the key difference in these terms is that REACH asks, “Is the substance hazardous?”; the PPWR additionally asks, “Does it impair the recyclability of the packaging?”

In practice, the PPWR sets a total concentration limit of 100 ppm for lead, cadmium, mercury, and hexavalent chromium, as well as a ban on PFAS in food contact packaging effective August 12, 2026, with a limit of 25 ppb per individual substance. These limits apply regardless of any REACH classification.

Under the PPWR, the recyclability of a packaging is determined through a multi-stage assessment. Starting in 2030, all packaging must be assessed based on harmonized Design for Recycling (DfR) criteria, which will result in a recyclability rating on a scale from A to E.

Starting in January 2030, packaging in categories D and E (less than 70% recyclability) will be banned. Starting in January 2038, only packaging in categories A and B (at least 80% recyclability) may be placed on the market.

Furthermore, EPR fees will be adjusted in the future based on the recyclability level achieved, with lower levels resulting in higher fees.

The path to PPWR compliance typically involves four sequential steps.

1. Assessment: What types of packaging does your company place on the market? What is your company’s role for this packaging (manufacturer, importer, distributor, etc.), which PPWR sustainability requirements apply (e.g. limits on PFAs in food-contact packaging) and in which EU member states do you have extended producer responsibility?
2. Data collection and documentation: Based on the assessment results, collect the information and data you need from your suppliers. This information and data must demonstrate the packaging’s compliance with the applicable sustainability requirements, and be documented in the technical documentation. An EU declaration of conformity must also prepared for each type of packaging.
3. EPR registration and reporting: Ensure that your company is registered in each country where it makes packaging available for the first time. On an annual basis, data on packaging, its materials and weight must be collected and reported and EPR fees paid.
4. Packaging design: Using a forward-looking approach, assess your packaging according to the sustainability requirements that will be come into force in upcoming years. Where necessary, begin redesigning packaging early to ensure your continued compliance with the PPWR.

To conduct a reliable initial assessment, you typically need two categories of data:

1. Company data: In which industry is your company active? In which EU member states do you place packaging or packaged products on the market? What role(s) does your company play?
2. Packaging data: What types of packaging do you use (sales, group, transport, or service packaging) and what materials are they made of?

Using this data, you can determine the PPWR requirements that apply to you and your packaging, as will as your current and future compliance risk. Our Impact Analyzer assesses the PPWR’s implications for your organisation and your products in a fast and structured way.

The PPWR is an EU regulation and is directly applicable in Germany—without the need for national implementing legislation. Nevertheless, Germany needs a national accompanying law to regulate the interfaces with the national enforcement structure. To this end, in June 2026, the federal government passed the draft of the Packaging Law Implementation Act (VerpackDG), which will completely replace the existing Packaging Act (VerpackG) as of August 12, 2026.

For companies in Germany, this means three specific things: First, the familiar LUCID registration with the Central Packaging Register will remain in place—but will be expanded to include a broader group of manufacturers who were not previously required to register. Second, the VerpackDG contains national provisions for fines for violations, which are to take effect for PPWR violations starting in February 2027—graded according to severity. Third, the VerpackDG sets language requirements for the EU Declaration of Conformity (German or English) and specifies enforcement responsibilities. The fundamental PPWR requirements regarding recyclability, recycled content, and labeling apply directly under the EU regulation, regardless of these provisions.