On 3 August 2026, the European Commission (EC) published a revised version of its FAQs on the EU Packaging Regulation (Regulation (EU) 2025/40, ‘PPWR’). This second edition contains numerous new questions and clarifications that are of considerable practical importance, particularly regarding the identification of the producer and the manufacturer of transport packaging. The EU Commission’s updated interpretation of the PPWR is, in some respects, at odds with the interpretation provided by the Zentrale Stelle Verpackungsregister (ZSVR) Foundation. The ZSVR has not yet responded to the latest version of the FAQs.
The European Commission clarifies that the producer of unmarked generic transport packaging (e.g. standardised cardboard boxes) is generally the party that physically produced the packaging in its final form. Packaging is deemed to have reached its final form when it can be used as transport packaging without any further components or auxiliary elements. The European Commission emphasises that a cardboard box has already reached its final form when delivered flat, as simply unfolding it does not constitute further manufacturing.
A new development in this context is the European Commission’s interpretation regarding the role of the producer, using stretch film as an example. According to this, stretch film has already reached its final form whilst still on the roll, as cutting the film to size and subsequently wrapping the pallet load merely constitutes the use of the finished packaging. Consequently, the producer of unmarked film is the company that physically manufactures the film and places it on the market as packaging, and not the company that purchases the film and uses it to secure loads. The same is likely to apply to strapping bands.
This interpretation contradicts the ZSVR’s previous classification, under which the user was generally regarded as the party first providing the flexible transport packaging and was therefore to be classified as the producer.
The European Commission also expressly clarifies that the combined use of several packaging elements (such as adhesive tape, stretch film, cartons and pallets) does not mean that the individual elements are not already in their final form. It is also explicitly clarified that the application of a sticker for dispatch purposes does not constitute brand labelling.
The European Commission continues to take the view that, as a general rule, the economic operator whose name or trade mark appears on the packaging is to be regarded as the producer, even if another company physically manufactures or fills the packaging. The European Commission emphasises that, in so-called contract manufacturing arrangements, the producer is also the party who merely selects a standardised packaging option and does not request any changes to the design or production process, provided that the packaging bears their name or trade mark. A new development is the European Commission’s clarification regarding cases where a packaged product is labelled with the name of one company and, at the same time, with the brand of another company. In such situations, the decisive factor would be who determines the packaging design and specifications. The assessment must be made on a case-by-case basis, taking into account the contractual relationship between the companies involved.
In principle, the following applies: a licensor whose trade mark appears on the packaging but who does not determine the packaging characteristics is not to be regarded as the producer.
The European Commission also points out that, under the Food Information Regulation, the manufacturer of the packaging and the food business operator responsible do not necessarily have to be the same natural or legal person. In this respect, too, it would depend on who has the power to determine the design.
If a company orders bespoke packaging from another company, the ordering company is to be regarded as the producer within the meaning of the PPWR.
If sales packaging is also used for transport purposes, the Commission considers that, for the purposes of determining the manufacturer, it remains sales packaging. The manufacturer is therefore the economic operator who fills the packaging and first makes the packaged product available in the Member State concerned.
The Commission expressly clarifies that packaging produced before 12 August 2026 but not yet placed on the market does not need to be destroyed, modified or relabelled. The requirements under Article 15(5) and (6) – namely, clear identification and labelling with the producer’s name and address – may be met by providing an accompanying document. A new development is the European Commission’s clarification that all packaging already placed on the market before 12 August 2026 may remain on the market even if it does not comply with the PPWR requirements.
Also new is the European Commission’s explicit statement that non-compliant packaging will not be immediately withdrawn from the market as of 12 August 2026. The enforcement of PPWR obligations is not intended to disrupt trade flows, supply chains or consumers’ access to goods. Economic operators are to be given a warning and a reasonable period in which to rectify the situation. Further measures are to be taken only in the event of continued non-compliance.
The Commission’s new FAQs address outstanding practical questions and provide significant clarity on determining producer and manufacturer status in relation to transport packaging. Given the extensive additions and changes, companies should review their previous classification – particularly if they have been guided by the ZSVR guidelines – in the light of the new Commission guidelines. The ZSVR’s response to the new FAQs also remains to be seen.
It is to be welcomed that, in enforcing the PPWR obligations, the initial focus is on support rather than sanctions. This may give companies a certain degree of leeway during the transition period. However, the substantive obligation to comply from 12 August 2026 remains unaffected by this.
Subscribe to our GvW Newsletter here - and we will keep you informed about the latest legal developments!
