As we announced in our last newsletter, from 2026 onwards, we will dedicate a regular section to the PPWR in every issue of our Newsletter, keeping you informed about the most important developments and aspects, stimulating discussion and answering relevant questions. We invite you to actively engage with us and share your opinions and information needs (contact details at the end of the blog post). In this first issue, we address some fundamental aspects: What does the PPWR regulate? What is the timeline? How are packaging and packaging components defined? What needs to be considered regarding Extended Producer Responsibility (EPR), and what does it encompass? What do “manufacturer” and “end-user” mean in this context? What are the consequences for companies, and what specific actions are required now and as of August 12, 2026?
The PPWR: Greater Harmonization and New Requirements
The Packaging and Packaging Waste Regulation (PPWR) represents one of the most comprehensive reforms of European packaging law to date. Unlike previous directives, the regulation applies directly in all EU member states and replaces or harmonizes numerous national regulations. For companies, this means greater harmonization within the single market, but also new, binding requirements.
What exactly does the PPWR regulate?
The requirements stem in particular from
- Extended Producer Responsibility (EPR) with registration and reporting obligations,
- the establishment of traceability and transparency in the supply chain, including for transport and industrial packaging,
- technical specifications regarding ingredients, labeling, recycled content, and
- the ratio of single-use to reusable packaging in the transport sector.
As of February 2026, around two-thirds of EU member states are already prepared for national EPR registries and reporting portals, while the rest are lagging slightly behind.
Key Timelines
- January 2025: Publication in the Official Journal of the EU (completed)
- Starting August 12, 2026: Start of PPWR implementation with the technical conformity assessment (Annex VII) and the Declaration of Conformity (Annex VIII)
- Producers/manufacturers/importers must provide a PPWR conformity assessment based on a packaging assessment. Final packaging placed on the market by the producer/manufacturer must then demonstrate this through a Declaration of Conformity.
- To do so, the producer requires specific information from the suppliers of its packaging components.
- By August 2026: Mandatory registration in all member states where the company, as a manufacturer (placer on the market), places the packaging on the market for the first time.
- By January 2028: Implementation of the minimization requirement (reducing headspace volume to the technical minimum in retail packaging)
- By August 2028: Implementation of harmonized labeling requirements
- By January 2029: Reusable labeling
- By January 1, 2030: All PPWR requirements must be met!
Conclusion: 2026 to 2030 is not a long transition period. Those who fail to review and structure their packaging portfolios early on, request data, and collect it within their own company risk significant implementation and liability risks.
Packaging vs. Packaging Component – New Clarity with Operational Implications
A central element of the PPWR is the precise definition of what constitutes packaging and what constitutes a packaging component. The analysis and correct classification have immediate consequences: In the future, suppliers must provide a technical specification or a declaration of conformity, depending on whether they supply a component or final packaging (see graphic).
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Sales packaging (primary packaging)
Definition: Packaging intended to form a sales unit for the end consumer at the point of sale.
Important:
- Only filled sales packaging is considered packaging.
- Unfilled sales packaging is merely packaging material.
- The end consumer’s perspective is decisive for classification. The end consumer is the company or person who unpacks the packaged goods and does not put them back on the market exactly as they were.
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Service packaging
Special feature:
- Filled only at the point of sale (e.g., coffee-to-go cups).
- Are considered packaging even when empty.
- Producer responsibility is shifted upstream by regulation.
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Collective packaging (secondary packaging)
- Bundles multiple sales units.
- They are considered packaging only when filled.
- Empty collective packaging is considered packaging material.
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Transport packaging
- Many transport packaging items are considered packaging even when empty, just like e-commerce packaging.
- Industrial packaging that serves as both sales packaging and transport packaging is, according to the Central Office’s interpretation, divided into
- Rigid packaging such as canisters, etc. These are considered final packaging even when empty.
- Flexible packaging, which is only considered final packaging once filled.
This interpretation is not viewed in the same way by other stakeholders; we must still await clarification from the Commission.
Why this distinction is relevant for businesses
- Impact on EPR registration
- Relevance for labeling requirements (see article on labeling)
- Impact on recycling requirements
- Amendment of supplier contracts
- Documentation and audit requirements
Conclusion: Companies should systematically analyze and categorize their packaging structures—ideally in close coordination with purchasing and suppliers.
Extended Producer Responsibility (EPR)
With regard to EPR, the question arises as to when a registration requirement takes effect and what the term “end consumer” means in this context?
Background
The PPWR harmonizes Extended Producer Responsibility (EPR) across the EU and makes it directly binding. The PPWR generally takes effect on August 12, 2026. From that date onward, manufacturers may only place packaging or packaged products on the market if they are registered in the respective Member State (Art. 44 in conjunction with Art. 45 PPWR).
Specifically, this means:
- No market access without registration
- Registration requirement in every Member State where packaging is first made available
- Alternatively: Appointment of an authorized representative for extended producer responsibility
Important: Full implementation of all PPWR requirements must be completed by January 1, 2030, at the latest. However, the registration requirement takes effect as soon as the EPR regulations become applicable in 2026.
Who is considered a “manufacturer” under EPR?
In the PPWR, the roles of “manufacturer” and “producer” are distinguished. This leads to some confusion in the market!
- The manufacturer is the company that assembles and fills packaging components.
- The producer is the company that first places the final packaging on the respective market (EU country). This may be the manufacturer, but it does not have to be!
Any natural or legal person is subject to EPR who:
- places packaging or packaged products on the market for the first time in a Member State where the packaging becomes waste, or
- unpacks packaging without being the end consumer themselves.
This is crucial for importers, online retailers, private label owners, and fulfillment providers.
What does “end-user” mean in the context of EPR?
The term “end-user” refers to the final user of the packaged product who does not make it available again in the same form (including packaging) on the EU market.
Important:
- What matters is the end user of the packaged product, not the packaging itself.
- A company that unpacks goods to process them further or repackage them is not a final consumer.
- A company that uses a packaged product solely for internal purposes (e.g., office supplies) is considered an end-user in this capacity.
EPR therefore relates to the initial placing of a packaged product on the market in the respective Member State, not to the production of the packaging itself.
What does EPR cover?
Extended Producer Responsibility specifically covers:
- Financing the collection, sorting, and recycling of packaging waste
- Participation in labeling systems (e.g., waste container labeling)
- Data reporting and volume reporting
For companies, this can be organized through authorized producer responsibility organizations (PROs).
What does this mean for companies?
Starting August 12, 2026, companies should
- check their registration status before entering the market,
- analyze their cross-border distribution models,
- clearly assign EPR responsibilities along the supply chain,
- and evaluate both their B2C and B2B structures.
Particularly critical are
- cross-border e-commerce models,
- private labels, and
- import scenarios.
Recommendations
Action is needed! Companies should now:
- Conduct a packaging inventory and categorization.
- Review supplier requirements.
- Prepare for conformity assessment.
- Adapt design processes for new labeling.
- Review EPR registration requirements by market.
Our Services
The PPWR is a regulatory requirement—but also an opportunity for greater transparency, recyclability, and EU-wide standardization.
If you need support with PPWR analysis, packaging assessment, or implementation strategy, please feel free to contact us.
You can also use our PPWR Impact Assessment. It evaluates the opportunities and risks of the PPWR and other product-specific regulations for your company’s product portfolio and business model.
Feel free to actively follow our PPWR blog and let us know your thoughts and information needs. Your contact is Jenny Walther-Thoss (walther-thoss@bp-consultants.de ).
