Update on the PPWR (Regulation (EU) 2025/40): Guidelines and FAQs from the European Commission

On 30 March 2026, the European Commission published the long-awaited guidelines and a list of frequently asked questions (FAQs) on the interpretation of the EU Packaging and Packaging Waste Regulation (PPWR). The documents clarify the requirements of the PPWR and are intended to assist economic operators in the consistent application and implementation of packaging legislation.

Background

The PPWR will become binding across the EU on 12 August 2026. Whilst there are a number of PPWR requirements that will only come into force at a later date and for which so-called implementing acts are yet to be adopted to clarify them, However, key obligations will already apply from this date. These include, for example, the obligation on producers to provide proof of the conformity of their packaging. Given the highly complex nature of the PPWR regulations, which are also open to interpretation, the guidance provided by the European Commission is of particular importance, even though it is not legally binding.

An overview of the key details

In the guidelines, the European Commission first clarifies the definition of the so-called roles under packaging law along the supply chain. The focus is on the central roles of the producer and the manufacturer. In this context, the European Commission clarifies for so-called contractual arrangements that, when determining who is the producer, it is not necessarily decisive who physically produced the packaging. Accordingly, the decisive criteria are the role the company plays in the design and production of the packaging and whose brand or name appears on the packaging. In the case of unmarked packaging, the producer is either the manufacturer of the empty packaging or the party that ‘fills’ the packaging. This depends largely on the type of packaging.

Finally, the FAQs contain explanatory notes on the concept of the packaging unit, which plays a role particularly with regard to the exemption provision concerning compliance with the minimum recycled content in plastic packaging in Article 7(5)(b) of the PPWR. Although the concept of a packaging unit is illustrated with an example, it is clear that, given the wide variety of scenarios in packaging practice, a more detailed examination on a case-by-case basis remains necessary. 

Conclusion

The European Commission’s guidelines and FAQs contain helpful guidance on the interpretation of the PPWR. Nevertheless, some questions unfortunately remain unanswered. 

Against this background, it remains essential for companies to assess their individual need for action in order to place packaging on the market and make it available in a legally compliant manner even after 12 August 2026. As the PPWR applies to all packaging and packaged products, and virtually every product is delivered and sold in packaging, virtually all stakeholders across the value chain are involved, regardless of sector.