PPWR

• 12 August 2026 is the official effective date of the PPWR
• From this date onwards, companies will be required to apply the new PPWR rules
• Following the publication of the law in January 2025, the EU granted the business community a transition period of 18 months. This period ends on this very date ➔ Article 71(2) PPWR

• ‘Packaging’ refers to all products, regardless of material, intended to contain, protect, handle, deliver or present goods. ➔ Art. 3(1)(1) PPWR
• The definition refers to packaging in its final form. Integrated or separate components (such as closures or labels) are also considered part of the packaging ➔ Art. 3(1)(43) and (44) PPWR
• Unfilled precursors (such as rolls) are considered regulation-free packaging material ➔ Art. 3(1) PPWR

• Through the initial provision of packaging on the EU market ➔ Art. 3 No. 10 PPWR
• For flexible packaging, this refers to the first physical or legal transfer of the finished, filled packaging within the supply chain
• It is irrelevant whether this was done for a fee or free of charge ➔ Art. 3 No. 9 PPWR
• For stock items, it must be possible to provide evidence of ‘release for distribution’. Purchase contracts (not framework agreements), invoices, delivery notes, etc. with the corresponding time stamp are usually accepted as proof ➔ Art. 3 No. 9 PPWR

Supplier

• Unternehmen, die Verpackungsmaterial an "Erzeuger" liefern. Rollenware wird rechtlich nicht als „Verpackung", sondern als Verpackungsmaterial klassifiziert. Damit gilt ein Folienhersteller als Lieferant ➔ Art. 3 Nr. 16 PPWR
• Muss dem Erzeuger alle notwendigen Informationen und Unterlagen (z. B. Materialzusammensetzung, PFAS-Konformität etc.) zur Verfügung stellen, ➔ Art. 16 Abs. 1 PPWR

Filler (manufacturer)

• Companies that fill packaging produce a ‘packaged product’. According to the logic of the PPWR, companies become the manufacturer of the sales packaging by filling it, ➔ Art. 3 No. 13 PPWR
• Is primarily responsible for compliance with all requirements, must carry out the conformity assessment, prepare the technical documentation and sign the EU declaration of conformity, ➔ Art. 15 PPWR

Brand-Owner (manufacturer)

• Companies that develop or manufacture packaging or a packaged product under their own name or own brand (principle of brand sovereignty) ➔ Art. 3 No. 13 letter a PPWR
• If products are filled by a contract packer, but the brand name of the brand owner appears on the packaging, the latter is legally considered to be the manufacturer ➔ Art. 15 PPWR
• This is a significant deviation from the responsibility under the German Packaging Act (VerpackG), where the company that fills the packaging is the ‘manufacturer’.

• From 12 August 2026, the producer must be clearly identifiable directly on the packaging
• This means that the name of the producer, the contact address of the producer (in the EU) and a unique traceability identifier (e.g. batch number) must be visible on the packaging
• The widely used ‘Manufactured for...’ references are no longer sufficient without the above information.
• If this is not possible due to the size or type of packaging (e.g. very small formats), the information may be provided in an accompanying document or by means of a QR code ➔ Art. 15(5) and (6)
• The introduction of harmonised sorting pictograms for waste separation will take place in stages
• The obligation to affix them applies from 12 August 2028
• This is subject to the timely implementation of the relevant secondary legislation
• For packaging manufactured prior to this date, a transitional period of 36 months applies with regard to the sorting pictograms ➔ Art. 12 PPWR

• By the end of 2025 EN 18120 Design for Recycling guidelines for plastic packaging are to be published by CEN
• By January 1, 2028 The assessment criteria will be defined by delegated acts
• By January 1, 2030 Additional implementing act on the method for “recycled at scale”
• From 2030: Packaging is considered non-recyclable if it meets < 70% of the D4R criteria. (Performance level C)
• From 2035: Packaging is considered non-recyclable if it is not ≥ 55% recycled across the EU (“recycled at scale”)
• From 2038: Packaging that meets < 80% of the DfR criteria (performance level B) is considered non-recyclable

• Calculation must be carried out by the “manufacturer” (usually the bottler)
• Averaging across packaging manufacturers is conceivable, but not yet regulated
• The obligation applies to any plastic content ≥ 5% of the packaging weight (Art. 7 (1) in conjunction with 5b)
• Applies to each type and format of packaging (Annex II Table 1) calculated as the average per manufacturing plant and year
• Averaging is permitted per “plant,” not per “company” (group)
• Exceptions are possible if recycled material poses a health hazard or violates Regulation (EC) 1935/2004
• Further exceptions by the Commission via delegated act possible (Art. 7 (12) and (13))
• Recyclate quota cannot be met with post-industrial recyclates (PIR)
• Only post-consumer recyclates are permitted (Art. 3 (1) No. 48)
• Closures do not have to contain recycled material separately if this is compensated for in other components
• Stock levels do not count towards the quantity placed on the market
• The use of bio-based plastics is currently not planned, but will be reviewed (Art. 8(2c))

• Chemical recycling is recognized as a recycling method
• Presumably favored mass balance method:“fuel-use exempt”
• This means that only the portion that can be turned back into packaging is counted toward the recyclate output, but not the portion that is necessary for process energy
• Goal: Attribution of high recyclate content possible

• From August 12, 2026, a conformity assessment by the manufacturer (Manufacturer) is required (Art. 15).
• The manufacturer must issue technical documentation (Annex VII) and a declaration of conformity before placing the product on the market
• The declaration must be kept for 5 years and presented on request
• Packaging manufacturers are usually considered suppliers and provide the necessary documentation (Art. 16)
• In case of violations: First request for correction, then measures by national authorities (Art. 62)