Even though the PPWR currently dominates the headlines, there is plenty to report beyond it. Our news in brief covers such important topics as the approaching EmpCo Directive deadline, changes to the EUDR shortly before the rules take effect, a ruling on the system participation obligation for carrier bags and the new minimum standard for recyclability. This time we also have an extra section with news of particular (but not exclusive) interest to machinery and plant engineering.
EmpCo Directive: deadline of 27 September 2026 approaching – highly relevant for packaging communication
From 27 September 2026, the “Empowering Consumers for the Green Transition” Directive (EU) 2024/825 prohibits generic environmental claims such as “sustainable”, “climate-friendly” or “climate-neutral”, as well as other environmental claims such as “recyclable” or “recycled fibres” without robust evidence, and self-awarded sustainability labels without independent certification.
As such claims and labels are often not only placed on the packaging or label but also appear on websites, social media accounts, sustainability reports, etc., this affects all stages of the value chain, including packaging manufacturers.
Germany already transposed the Directive at the end of 2025 by amending the Act against Unfair Competition (UWG).
However, the coalition parliamentary groups apparently plan to insert a new Section 15b into the UWG by way of an amendment to the Act on the Modernisation of Design Law (Bundestag printed paper 21/6215). The provision would make the assertion of injunctive relief claims for EmpCo infringements relating to goods placed on the market before 27 September 2026 subject to the principles of good faith and proportionality, limited until 26 September 2028. The Bundestag will vote on the Design Law Act on 24 September 2026, as confirmed by the Bundestag’s agenda. The amendment itself has not yet been officially published.
Interestingly, according to the information available so far, this possible sell-off period only applies to goods (i.e. already filled packaging), not to communication on social media and in advertising (printed flyers, reports, trade fair materials)!
The practical adjustment period would therefore end on 27 September 2026 for advertising material and online presences, whereas for finished, filled packaging – provided it can be proven that it was made available before September 2026 – it would only take effect from 2028.
EUDR news
On 17 September 2026, Delegated Regulation (EU) 2026/2102 was published. It amends the EUDR list of relevant commodities and products. For the packaging industry, this means:
- Product samples and specimens, and products subjected to testing, analysis or trials, fall outside the scope of the Regulation.
- This means that samples, including those sent to trade fairs or for sales purposes, are no longer covered by the EUDR.
- Packaging materials and containers placed on or exported from the Union market as products in their own right fall within the scope of Regulation (EU) 2023/1115.
- This means that if empty packaging containing virgin fibre is imported from outside the EU, the due diligence obligations of the EUDR must be complied with. This includes registration and a DDS reference number!
- Packaging that is already filled when it is made available on the EU market is not subject to the EUDR.
- Promotional and informational materials such as labels that are placed on or exported from the Union market as products in their own right generally fall within the scope of Regulation (EU) 2023/1115.
- Exception: promotional and informational materials that accompany another product or are supplied free of charge for marketing or information purposes fall outside the scope of the EUDR.
Source: COMMISSION DELEGATED REGULATION (EU) 2026/2102 of 13 July 2026 amending Regulation (EU) 2023/1115 of the European Parliament and of the Council as regards the list of relevant commodities and relevant products (PDF)
Regulation (EU) 2025/351 now in force
On 16 September 2026, Regulation (EU) 2025/351, the Plastics Amendment Regulation, officially entered into force. This also ends the sell-off period for old packaging. The Regulation contains stricter purity requirements: extremely low migration limits apply to substances with non-intentionally added impurities (NIAS) (e.g. max. 0.15 ppb in the case of potential genotoxicity).
Use of recyclates and by-products: the reprocessing of plastic by-products has been clarified and must strictly comply with the Recycled Plastics Regulation (EU) 2022/1616
Source: https://inno-talk.de/aenderungsverordnung-zur-eu-kunststoffverordnung-eu-nr-10-2011/
BVerwG: system participation obligation also applies to durable carrier bags
In its judgment of 23 July 2026 (Case No. 10 C 6.25), the German Federal Administrative Court (BVerwG) confirmed that carrier bags intended for end consumers to carry goods are packaging subject to mandatory system participation within the meaning of packaging law, irrespective of material and durability.
Possible secondary use (e.g. as a sports bag) does not change this. The ruling particularly affects retailers offering sturdier reusable bags as a supposed alternative to single-use bags.
Minimum Standard 2026 on recyclability published
On 31 August 2026, the Central Agency Packaging Register (ZSVR), together with the German Environment Agency (UBA), published the updated version of the Minimum Standard for assessing the recyclability of packaging.
The basic calculation methodology remains unchanged from the previous year, but individual assessment criteria have been clarified.
The standard applies to packaging placed on the market in 2027 and is explicitly aligned with the PPWR recyclability threshold of 70 % applicable from 2030.
Source: ZSVR press release
For machinery and plant engineering
CBAM extension to downstream products
The Council and the European Parliament are currently negotiating an extension of the Carbon Border Adjustment Mechanism (CBAM) to downstream steel and aluminium products.
- A Parliament position was expected in September 2026. On 7 September 2026, EuroCommerce spoke out against an extension and called for a pause in the procedure, as the administrative burden for retailers with complex supply chains is considered too high.
- The product lists discussed so far mainly include machine parts, vehicle components and household appliances. An explicit inclusion of metal packaging (cans, drums, closures) is not confirmed at present.
- CBAM remains indirectly relevant for the packaging industry through the pricing of the input materials steel and aluminium, which has applied since January 2026. For mechanical engineering, CBAM also dovetails with the planned ESPR “Iron & Steel” act (see below), whose carbon footprint methodology is expressly to be designed to be CBAM-compatible.
ESPR: important interim step for steel/aluminium
Also relevant for machinery and plant manufacturers is the Ecodesign for Sustainable Products Regulation (ESPR).
- The first material-specific ESPR act is expected.
- From 20 May to 12 August 2026, the Commission held a public consultation on the future “Iron & Steel” delegated act (five reference products: hot-rolled strip, wire rod, cold-rolled galvanised sheet, electrical steel, stainless steel).
- It is to regulate recycled content, substances of concern, a digital product passport and a carbon footprint methodology that is expressly to be designed to be interoperable with the EU ETS and CBAM.
- The delegated act is expected in Q4 2026, with compliance from around 2028.
- Aluminium will follow as the second priority product, with a delegated act targeted for 2027 (compliance from around 2029). The focus here is to be on proof of recycled content and emissions transparency.
Machinery Regulation (EU) 2023/1230: standardisation gap is closing, but deadlines are wavering
As of 25 August 2026, around 600 of the approx. 800 standards harmonised under the previous Machinery Directive have been reviewed for their suitability under the new Machinery Regulation.
- The gap analysis is expected to be completed by the end of Q3 2026.
- The majority of the standards are to be officially cited in the Official Journal in the fourth quarter of 2026.
- The safety-critical cybersecurity standard prEN 50742 is undergoing its final vote in September 2026. Publication will take place in November 2026 at the earliest.
- The original phase 1 deadline of 20 January 2026 for new cybersecurity and AI standards was not fully met. For manufacturers, this means continued uncertainty regarding the presumption of conformity in the run-up to the date of application of the Regulation on 20 January 2027.
Battery Regulation: carbon footprint act still overdue, industrial battery deadline approaching
The European Commission missed the statutory deadline of 18 February 2025 for adopting the delegated act on the carbon footprint performance classes for EV batteries and has still not adopted it.
- According to the testing, inspection and certification company SGS, the corresponding declaration obligations will only apply twelve months after the entry into force of this act, for which no date has yet been set.
- For industrial batteries (>2 kWh), which are installed in machinery and stationary installations, among other things, the Commission deadline for the corresponding delegated act and the labelling obligation – without a transition period – fall on the same date: 18 August 2026.
- Affected manufacturers should monitor how this date is implemented in the coming weeks, as practical guidance from the Commission is still pending.
Battery passport: 18 February 2027 deadline remains, Commission lagging behind on implementing legislation
From 18 February 2027, electric vehicle batteries, LMT batteries (batteries for light means of transport such as e-bikes or e-scooters) and industrial batteries above 2 kWh and 5 kg must carry a digital battery passport (QR code) in accordance with the EU Battery Regulation (EU) 2023/1542.
- The sole legal basis is the Battery Regulation.
- In addition to a public layer (including manufacturer identification, weight, capacity, chemical composition, carbon footprint, recycled content), the passport also includes an extended layer reserved for authorised parties (recyclers, notified bodies, authorities).
- However, the Commission has missed its own statutory deadline of 18 August 2026 for adopting the implementing act on data access rights. This is now not expected until Q4 2026, effectively leaving manufacturers with only around one quarter of lead time before the date of application.
- The mandatory date itself remains unchanged, as it is fixed in the text of the Regulation.
