The first requirements of Regulation (EU) 2025/40, also known as the Packaging and Packaging Waste Regulation (PPWR), will become applicable from 12 August 2026.
The Regulation aims to harmonise national legislation on packaging and packaging waste across the European Union by introducing several important changes, including:
- an extended definition of packaging;
- the introduction of recyclability requirements and “recyclability performance grades”;
- minimum recycled content targets for plastic packaging;
- targets and requirements for reusable packaging and reuse systems;
- restrictions on placing certain single-use packaging formats on the market;
- a new harmonised packaging labelling system;
- the obligation to draw up an EU Declaration of Conformity providing information on the packaging’s compliance with the Regulation.
The PPWR applies to all packaging, irrespective of the material used, as well as to all packaging waste, regardless of the sector from which it originates (industry, manufacturing activities, distribution, retail, services or households).
WHAT HAPPENS FROM 12 AUGUST 2026?
Many of the obligations introduced by the PPWR will become applicable according to different timelines.
From 12 August 2026, in particular, manufacturers will be required to prepare an EU Declaration of Conformity to demonstrate that the packaging complies with the applicable requirements of the Regulation.
As of 12 August 2026, the requirements to be considered for the purposes of the Declaration of Conformity are the following:
Article 5 – Requirements for substances in packaging
- Heavy metals (maximum limit of 100 mg/kg for the sum of lead, cadmium, mercury and hexavalent chromium);
- PFAS: restrictions applicable to packaging intended to come into contact with food.
Article 6 – Recyclability
This requirement will become applicable on 12 August 2026; however, no conformity assessment procedure will yet be required, as delegated acts defining the design-for-recycling criteria are still pending. Therefore, this requirement will not yet need to be included in the Declaration of Conformity.
Article 11 – Reusable packaging
Packaging placed on the market as reusable packaging shall comply with the requirements set out in Article 11. Compliance shall be demonstrated through the technical documentation referred to in Annex VII.
For certain technical aspects, in particular those relating to the minimum number of reuse cycles, the adoption of the delegated act expected by 12 February 2027 is still pending.
Additional requirements introduced by the Regulation will be progressively incorporated into the Declaration of Conformity as their respective application dates are reached.
The Manufacturer under the PPWR
The obligations established by the PPWR fall primarily on the manufacturer of the packaging.
According to Regulation (EU) 2025/40, “manufacturer” means:
“any natural or legal person who manufactures packaging or packaged products; however:
(a) without prejudice to point (b), where a natural or legal person has packaging or packaged products designed or manufactured under its own name or trademark, irrespective of whether another trademark is visible on the packaging or packaged products, that natural or legal person shall be considered the manufacturer;
(b) where the natural or legal person having packaging or packaged products designed or manufactured under its own name or trademark qualifies as a microenterprise in accordance with Commission Recommendation 2003/361/EC as applicable on 11 February 2025, and the natural or legal person supplying the packaging to that person is established in the same Member State, the natural or legal person supplying the packaging shall be considered the manufacturer.”
One of the most important aspects of the Regulation is therefore the correct identification of the entity that qualifies as the “manufacturer”. In practice, this role does not necessarily coincide with the operator physically producing the packaging, but may instead correspond to the entity placing the packaging on the market under its own name or trademark.
Correct identification of the manufacturer is particularly important because the manufacturer’s information — name, registered trade name or registered trademark, and postal address — must be indicated on the packaging in accordance with Article 15 of the Regulation.
