EU Packaging Regulation

Whether in industry, the retail sector, consumer goods, logistics or healthcare: packaging will be subject to greater regulatory scrutiny in future. The Packaging and Packaging Waste Regulation forms part of the European circular economy strategy and will affect a number of business processes, from design and choice of materials through labelling to take-back and recycling obligations.

The aim of the regulation is to reduce packaging waste, improve recyclability and promote the use of recycled materials. By 2040, packaging waste in the EU is set to fall by 15 per cent per Member State.

The PPWR (Regulation 2025/40) is a regulation and is therefore directly applicable – without the need for transposition into national law. However, it should be noted that some amendments to the Waste Management Act are still necessary to ensure consistency with the requirements of the PPWR. The Austrian legislature has yet to issue the necessary implementing provisions, which is why there is currently still some uncertainty regarding certain matters. However, the BMLUK, the competent authority in Austria, has published a guidance note on the application of the PPWR.

What is the scope of the Packaging Regulation?

The PPWR applies to all packaging placed on the EU market – regardless of whether it is empty or full, the material used, and whether it was manufactured within the Union or imported from third countries. The definition of packaging is broad:

Accordingly, packaging is any item – regardless of the material from which it is made – that serves to contain, protect, handle, deliver or present products. It is used by economic operators to transfer products to other economic operators or to end consumers.

What obligations come into force from 12 August?

Packaging that was already placed on the market before 12 August 2026 is exempt from these obligations. Furthermore, there are no defined transition periods.

Obligations for producers

• General obligation to comply: From 12 August, producers may only place packaging on the market that complies with the applicable requirements of the PPWR. These requirements will be gradually expanded over the coming years. They include, for example, limit values for certain harmful substances (Article 5) and requirements regarding recyclability, as well as, from 2030, the proportion of recycled content in plastics.
• Identification and labelling requirements: The producer must mark the packaging with a type, batch or serial number, or provide another means of identification. If this is not possible on the packaging itself, the identification number must be included with the packaged product. The producer must also indicate their name, postal address and, where applicable, electronic contact details on the packaging (this may also be done by means of a QR code affixed to the packaging).

Obligations for importers

• Conformity upon placing on the market: From 12 August 2026, importers may only place packaging on the market that complies with the applicable requirements of the PPWR. To this end, importers must request a copy of the EU declaration of conformity and the technical documentation from the manufacturer for submission to the market surveillance authorities, and must retain these for 5 years (for single-use packaging) or 10 years (for reusable packaging).
• Labelling requirement: Importers must also indicate their name, postal address and, where applicable, electronic contact details on the packaging or enclose this information with the packaging.

Obligations for suppliers of packaging or packaging materials

Suppliers must provide the producer with all the information and documentation the producer requires to demonstrate the conformity of the packaging and packaging materials with this Regulation (including technical documentation, but excluding the names and contact details of their own suppliers).

Obligations for distributors

Distributors must take due care to comply with the requirements of the PPWR. They should therefore ensure that manufacturers and importers have fulfilled their obligations.

What duties are planned for the future?

• Gradual extension of the requirements for the recyclability of packaging by 2038 (Article 6).
• Reduction of the void ratio to a maximum of 50 per cent of the volume of the goods from 2030 (Article 24).
• Reuse targets, which are to be phased in from 2030 and 2040 (Article 29).

What needs to be borne in mind in relation to own-brand products?

Own-brand products are particularly widespread in the retail sector. The question of who is considered a ‘producer’ in this context has recently been the subject of public debate. Based on the existing definitions, it stands to reason that retail companies that have products manufactured under their own brand by contract fillers are classified as producers and manufacturers under the PPWR.

According to Article 3, a producer is defined as:

• any natural or legal person who manufactures packaging or a packaged product (…)
• the natural or legal person who has packaging or a packaged product designed or manufactured under their own name or brand, regardless of whether other brands appear on the packaging or the packaged product.

Own-brand products are covered by the second point of this definition. Manufacturers are subject to the most comprehensive obligations under the PPWR. This means that retailers are responsible for drawing up the technical documentation and declaration of conformity for products sold under their own brand.

Retailers who do not manufacture either packaging or packaged products themselves, but instead purchase them, should carefully consider whether they wish to have shipping or sales packaging labelled with their own name or brand. This is because doing so means that all manufacturer obligations must be complied with. An exception is provided only for micro-enterprises (Article 3(1)). 

What steps should (online) retailers take now?

Retailers should contact their suppliers as a matter of urgency and ensure that, from 12 August, only packaging that complies with the Packaging Ordinance is placed on the market. Retailers usually have only limited influence over the actual manufacture of the packaging. This makes it all the more important that retailers who are regarded as producers or importers within the meaning of the PPWR have all the necessary documentation to demonstrate the conformity of the packaging and to fulfil all information and labelling requirements.

In this context, the PPWR introduces a legal obligation for suppliers to provide the producer with all the documentation required to demonstrate the packaging’s compliance:

“Suppliers shall provide the manufacturer with all the information and documentation the manufacturer needs to demonstrate the conformity of the packaging and packaging materials with this Regulation, including the technical documentation referred to in Annex VII and required under or in accordance with Articles 5 to 11, in one or more languages that the manufacturer can easily understand. This information and documentation shall be provided either on paper or in electronic form.” (Article 16)

Conclusion: What does the PPWR mean for businesses?

• New legal requirements that need to be assessed at an early stage.
• Implications across the entire value chain, including across company and national borders.
• Implications for operational and strategic decisions..