German companies have just three months left to prepare for the Packaging and Packaging Waste Regulation (PPWR) and the accompanying Packaging Law Implementation Act (VerpackDG). Dr. Markus W. Pauly from the Pauly law firm emphatically warns of the consequences of insufficient preparation at interpack 2026.
Role confusion among manufacturers and producers
A core problem with the new regulation lies in the definition of terms. „You can be a manufacturer and a producer, and the producer is the one who ultimately has the largest packages of obligations,“ explains Pauly. While the manufacturer is the one who first places the packaging onto the market, the producer has significant influence on the packaging design and bears responsibility for declarations of conformity.
Particularly explosive: The responsibilities have shifted. „Previously, pure packaging manufacturers could rest easy, because the filler was the one with the obligation. And now it could be the case that the actual manufacturer of the packaging material is also an original addressee of this regulation.“ Anyone who previously assumed they were not primarily affected should quickly re-examine that assumption.
PFAS and B2B obligations from day one
From 12 August 2026, new PFAS limits will apply to food packaging with no transitional period. „We're already familiar with the PFAS issue and heavy metal issues, but this really kicks in in August,“ emphasizes the lawyer. At the same time, new terminology and registration requirements will come into effect.
A significant innovation affects the B2B sector, which until now has been largely unregulated. In future, companies will have to register as a producer responsibility organisation (PRO) or join an existing PRO. Pauly speaks of „gold-plating“ – Germany is regulating the European framework significantly more strictly than other countries. This results in additional national obligations for German players that do not exist in this form in other EU countries.
Penalty risks from August 12th
„If I don't meet the requirements according to the PPWR in conjunction with the Packaging Act Implementation Act, then legally speaking, I will not be allowed to place the packaging on the market from 12.08. onwards,“ warns Pauly about the legal consequences. Violations can result in administrative offences or even prohibitions on placing products on the market – risks that directly affect operational business.
Pauly's urgent advice: „One should first define one's own role. That is the first thing one must do.“ Companies need to clarify whether they are manufacturers, producers, or both, and identify their respective obligations under PPWR and VerpackG. Time for preparation is running short – anyone not compliant by August 12th risks existential business risks.
