On 12 August 2026, the EU Packaging and Packaging Waste Regulation (PPWR) became directly applicable. For manufacturers, logistics providers and buyers, this raises a very practical question: which requirements apply to packaging that is already in circulation, has already been procured or is currently being procured? Those who answer this question systematically now will avoid costly retrofitting and create clarity for procurement, logistics and compliance. Our article provides you with the information you need.
1. Reusable transport packaging: three cut-off dates for three categories
Two dates are decisive for classifying reusable transport packaging (RTP):
- 11 February 2025, when the PPWR entered into force, and
- 12 August 2026, from which it generally applies.
The Commission has since clarified how reusable packaging is to be treated across these two dates. In practice, it is therefore advisable to divide your own RTP fleet into three groups.
Before 11 February 2025: grandfathering under Article 15(9)
The legal situation is clearest for packaging that was first placed on the EU market before 11 February 2025, i.e., for example, sold once. Article 15(9) PPWR exempts it from the obligation to be subsequently brought into conformity, withdrawn or recalled merely because it does not meet the requirements of Articles 5 to 12.
For pallets, plastic crates, mesh box pallets, trays, IBCs, drums and jerrycans, this means: a subsequent redesign in accordance with the reuse criteria of Article 11 is not required, provided that the specific packaging demonstrably came onto the market before the cut-off date.
Evidence is decisive. According to the Commission’s Blue Guide, placing on the market already takes place when a transfer of ownership, possession or any other property right has been agreed and manufacturing has been completed – physical delivery may take place later. This results in several practical ways of providing evidence:
- the classic purchase route (finished packaging, external transaction, date before the cut-off date, robust documentation),
- the pooling or rental route (transfer of possession is sufficient; pool contracts and trip histories are valuable evidence),
- evidence of existing circulation between plants or customers
- and – for imported goods – release for free circulation as the relevant point in time.
It is important to note: the order date alone is not proof of placing on the market. An order placed in January 2025 for mesh box pallets that were not manufactured until March 2025 is not sufficient, because manufacturing must be completed before the transfer. Conversely, finished, clearly identifiable packaging with a transfer agreement accepted before 11 February can establish grandfathering even if physical delivery takes place later.
Particular caution is required for packaging manufactured in-house for own use: if there is no supply to a third party, there is generally no placing on the market – a case-by-case legal review is recommended here.
11 February 2025 to 11 August 2026: transitional packaging without grandfathering
Article 15(9) does not apply to reusable packaging first placed on the market during this 18-month window.
Article 11 already specifies, from 11 February 2025, the criteria that packaging must meet in order to be considered “reusable” at all – such as being designed for repeated use and multiple rotations, being capable of being emptied and reconditioned without loss of function, and meeting safety and hygiene requirements.
The fact that authorities can only check this conformity from 12 August 2026 does not change the substantive obligation.
The practical advice is therefore: do not look for a grandfathering argument, but actively demonstrate compliance with Article 11 – through existing specifications, supplier declarations, test certificates, rotation data and, where available, evidence in accordance with EN 13429:2004.
The Commission itself points out that the Article 11 requirements are closely based on the previous Packaging and Packaging Waste Directive and this harmonised standard – a complete redesign is therefore usually not necessary.
From 12 August 2026: standard PPWR packaging
Reusable packaging first placed on the market from this date onwards is subject to the full PPWR obligations regarding conformity assessment and technical documentation.
For procurement, this means: new RTP specifications should, as standard, require suppliers to provide PPWR conformity documentation – the classic product specification alone is no longer sufficient.
Labelling obligations for RTP
Labelling is also subject to its own transitional rule:
- RTP placed on the market before 11 February 2025 may continue to be used unchanged until it leaves the reuse system.
- For the transitional packaging in between, however, the Commission specifies a concrete time horizon for retrofitting with the new labelling rules applicable from 2029. The latest implementation date is February 2032.
Practical tip for recording your RTP
In operational practice, it is advisable to record five pieces of information per RTP type:
- packaging type,
- actual RTP status,
- date of first placing on the market,
- available evidence for this
- and – if placed on the market later – proof of Article 11 conformity.
A simple status code can be derived from this:
- GF (grandfathered under Art. 15(9)),
- TR (transitional, Art. 11 conformity required, no grandfathering) or
- NC (new PPWR-compliant, full conformity obligations from 12 August 2026).
2. Other packaging in stock
The cut-off date logic does not only apply to reusable transport packaging. For packaging in general – i.e. including regular sales, shipping and transport packaging – the Commission’s current FAQ (Section X, Questions 5 and 6) contains a comparable clarification:
- Packaging placed on the market before 12 August 2026 may, in principle, remain on the market even if it does not meet the PPWR requirements that only apply from that date; obligations already existing under the previous Packaging and Packaging Waste Directive remain unaffected.
- For packaging manufactured before 12 August 2026 but not yet placed on the market, the Commission clarifies that it does not have to be destroyed or remanufactured solely because of the new labelling requirements:
- The information on identification and on the manufacturer required under Article 15(5) and (6) PPWR can be provided for this old stock in an accompanying document instead of being affixed directly to the packaging.
- If the original supplier of such old stock can no longer provide the necessary information – for example because it no longer exists or refuses to provide it – the Commission requires the manufacturer at least to demonstrate “best efforts” to obtain the missing information by other means.
- For operational practice, this means: do not discard stock prematurely, but document the procurement date and, where necessary, rely on accompanying documents instead of relabelling.
Conclusion
The PPWR does not require the packaging industry to think in terms of a single uniform cut-off date, but rather calls for a differentiated view. What matters is when a packaging item was first placed on the market and whether this can be proven.
Those who answer this question systematically now – for reusable transport packaging as well as for regular packaging – will avoid costly retrofitting and create clarity for procurement, logistics and compliance.
This assessment is based on the professional evaluation of BP Consultants and does not constitute legal advice. The Commission’s guidelines are an authoritative aid to interpretation but are not legally binding; the binding interpretation of the Regulation ultimately lies with the EU courts.
