The European Commission has published a first guidance document on the interpretation of the Packaging and Packaging Waste Regulation (PPWR). The document is intended to assist businesses, authorities, and market participants in applying the new rules and to ensure consistent implementation across the EU. The PPWR has been in force since 11 February 2025 and will apply from 12 August 2026.
The 58-page guide the document addresses 33 key interpretation questions that, according to the Commission, have been raised by Member States and economic operators with Brussels. The aim is to create legal certainty and facilitate the practical implementation of the regulation. However, the Commission emphasises that the document does not create new legislation and that legally binding interpretation remains solely the preserve of the European Court of Justice.
Clarifications on packaging definition and manufacturer responsibility
The topics covered include the definition of packaging, the distinction between manufacturers, producers and importers, and questions on extended producer responsibility (EPR). For instance, the Commission clarifies, among other things, that plant pots intended solely for sale and transport can be considered packaging, while production containers in horticulture are generally not covered by the definition of packaging.
Furthermore, the authority explains the different roles of manufacturers and producers. While manufacturers are responsible for compliance with sustainability and labelling requirements, producers bear the obligations of extended producer responsibility in the Member State where the packaging is first placed on the market and is expected to become waste.
PFAS ban without sell-off period
The interpretation of the new PFAS restrictions is of particular importance for the packaging industry. The Commission confirms that no transitional period for the use-up of existing stocks will be provided for food contact packaging with PFAS. Packaging placed on the market for the first time after 12 August 2026 must comply with the new limits. However, packaging already placed on the market may continue to remain on the market.
Recyclability and labelling clarified
The guide also contains important statements on the recyclability of packaging. Although the fundamental obligation to only bring recyclable packaging onto the market will apply from 12 August 2026, the detailed requirements for „design for recycling“ will only be specified by further delegated acts, for the implementation of which companies will then be granted a transitional period of 24 months.
The Commission is also bringing clarity to packaging labelling. The future EU-wide harmonised labels are intended to replace national sorting instructions. After the expiry of the transitional periods, Member States will generally no longer be permitted to require additional national labelling systems.
Further guidelines announced
The Commission points out that further implementing acts, delegated acts, standardisation mandates and additional guidance are to follow in the next two to three years. The now published document shall be updated as needed when new practical experience is gained or further questions arise from the business community.
Source: EU Commission
