New EU Packaging Regulation: Key Requirements from August 2026

The PPWR has been a key focus for businesses since it entered into force in February 2025. Determining the respective roles of the various economic operators within the supply chain is likely to present significant challenges for many businesses. From 12 August 2026, a substantial number of the Regulation’s provisions will become applicable. In complex supply chains involving multiple economic operators, clearly distinguishing between the respective roles and responsibilities can be particularly challenging. Additional uncertainty arises from the phased application of the PPWR’s provisions.

The new EU Packaging and Packaging Waste Regulation (PPWR) lays down comprehensive requirements relating to packaging design, substance restrictions, labelling, the packaging life cycle and extended producer responsibility. Its objective is to harmonise the previously fragmented regulatory framework governing packaging across the European Union by establishing a uniform set of directly applicable rules. Owing to the complexity of its requirements and the distinction it draws between different categories of economic operators – including manufacturers, producers, importers and distributors – implementation of the PPWR presents significant compliance challenges for many businesses.

The PPWR becomes applicable from 12 August 2026

Although the PPWR entered into force on 11 February 2025, many of its provisions will only become applicable from 12 August 2026. This concerns those obligations for which the Regulation does not expressly provide for a later date of application. From that date, certain substance restrictions will apply, producers will be required to commence collecting the data necessary for declarations of conformity, and the requirements relating to the reusability of packaging must be considered. Further obligations will become applicable in stages over the following years.

Attention should be paid to the fact that the application of certain obligations depends on the adoption of additional EU implementing or delegated acts. For example, the labelling requirements under Article 12 PPWR will become applicable either from 12 August 2028 or 24 months after the relevant implementing act enters into force, whichever is later. Businesses should therefore closely monitor future legislative developments relating to the PPWR.

Complex supply chains: roles and overlapping obligations

PPWR imposes obligations on a wide range of different economic operators. Even in less complex supply chains, it is often not easy to classify the respective roles and corresponding obligations based on abstract definitions. Particularly challenging are scenarios in which several actors are required to fulfil the same obligation, raising the question of which obligation takes precedence. In some cases, conclusions can be drawn from the text of the Regulation or its recitals, allowing conflicts to be resolved. However, there are scenarios that cannot be clarified beyond doubt without further guidance. These situations are unsatisfactory for companies: they must either risk potential violations of the PPWR or fulfil obligations that may not primarily apply to them. For example, a situation that may arise in complex supply chains concerns the relationship between an importer and a manufacturer where the manufacturer within the meaning of the PPWR is established in the EU, but another party is responsible for the initial placing of the product on the EU market. In such cases the relationship between these two roles is not always clear, with potentially significant consequences for the actors’ additional (producer) obligations.

Difficulties are also inevitable where the role assigned under the PPWR cannot be reconciled with the actual role in the supply chain. This may concern, for example, information requests where a manufacturer’s supplier does not have the necessary information within the meaning of the PPWR because the supplier did not physically produce the packaging but merely distributes it.

Outlook and Recommendations

The PPWR remains a source of uncertainty for companies. It is therefore of high priority to closely monitor further developments and to keep an eye on delegated and implementing acts. These may modify existing obligations and also affect the timeline for the entry into force of individual obligations.

With regard to determining roles under the PPWR, companies are strongly advised to promptly clarify any outstanding questions regarding the roles they themselves – and, where applicable, their business partners – play in fulfilling obligations in various scenarios. It is also important to consider incorporating contractual provisions regarding the allocation and fulfilment of obligations and any related rights to information.

Our experts are always available to offer you advice. Feel free to contact Holger Hofmann and his team. 

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