Compliance Update as of August 4, 2025
The Regulation (EU) 2025/40 (PPWR) on packaging and packaging waste entered into force on February 11, 2025. The first requirements will apply from August 12, 2026.
This new regulation marks a significant step towards a more circular, resource-saving, and sustainable economy in Europe. The new regulation tightens the requirements for companies along the entire value chain of packaging—especially for manufacturers, distributors, and importers.
In our last article, we covered the various relevant roles under the new regulation and outlined the most important obligations: Overview of the most important obligations according to regulation (EU) 2025/40
However, there is still room for interpretation. For example, it remains unclear what exactly the Union legislator means by "packaged products," as this is not defined in the regulation. Similarly, the term "producer" allows for interpretation. Therefore, it remains to be seen to what extent these terms will be further specified in substance.
Important Note: The specific requirements for companies will likely only be legally secured over the next 18 to 24 months as implementing acts are adopted.
Conclusion:
At the present time, due to the numerous outstanding clarifications in the PPWR, it is not yet possible to initiate concrete implementation measures to ensure a legally compliant adaptation to its requirements. We are closely monitoring further developments and will respond immediately to upcoming implementing acts in order to promptly add obligations to your legal register.
Compliance Update as of May 21, 2025
On February 11, 2025, the Regulation (EU) 2025/40 (PPWR) on packaging and packaging waste entered into force and will apply from August 12, 2026. This new regulation marks a significant step towards a more circular, resource-saving, and sustainable economy in Europe. It replaces the previous Packaging Directive, which was transposed into national law in Germany via the Packaging Act. With the new regulation, requirements for companies along the entire value chain of packaging are becoming stricter—especially for manufacturers, distributors, and importers.
But who actually falls under which role? And what do the new obligations mean in practice? The following article provides you with a clear overview.
Doch wer fällt eigentlich unter welche Rolle? Und was bedeuten die neuen Verpflichtungen konkret? Im folgenden Beitrag erhalten Sie einen klaren Überblick.
Who is a manufacturer, disributor or importer according to the EU Regulation?
Regulation (EU) 2025/40 clearly defines the actors in the supply chain to ensure clear allocation of responsibilities:
- Distributor
Distributors are natural or legal persons in the supply chain who place packaging on the market. Placement is regarded as any paid or unpaid supply of filled or unfilled packaging for distribution, consumption, or use on the Union market in the course of a commercial activity. Thus, almost every manufacturing company supplying goods with packaging to its customers is affected. - Importer
An importer is any person who introduces packaging from a third country into the European internal market for the first time—regardless of whether the packaging is empty or already filled with products. This therefore affects many companies importing raw materials, goods, parts, etc. from outside the EU. - Manufacturer
Manufacturers are producers (manufacturers of packaging or packaged products), importers, and distributors.
Important: In practice, companies may fulfill several of these roles at the same time—for example, as manufacturers and simultaneously as distributors. Accordingly, the relevant obligations must also be met.
Overview of the Most Important Obligations According to Regulation (EU) 2025/40
Die neue Verordnung verfolgt ambitionierte Ziele: Verpackungsabfälle sollen vermieden, Verpackungen wiederverwendbar oder recycelbar gemacht und der Einsatz von problematischen Materialien reduziert werden. Daraus ergeben sich zahlreiche Verpflichtungen für Unternehmen:
Overview of the Most Important Obligations According to Regulation (EU) 2025/40
The new regulation pursues ambitious goals: packaging waste is to be avoided, packaging made reusable or recyclable, and the use of problematic materials reduced. This results in numerous obligations for companies:
1. Ecodesign Requirements for PackagingManufacturers and importers must ensure that all packaging:
- is recyclable (according to defined standards),
- has minimal packaging volume (avoiding unnecessary material),
- consists of a minimum proportion of recycled content (staggered depending on the type of packaging),
- is suitable for reuse systems (where foreseen).
The requirements apply on a product- and sector-specific basis. For certain types of packaging (e.g., transport packaging, single-use packaging in the food sector), there are also additional specific requirements
2. Obligation for Reusability
In selected areas (e.g., transport packaging, gastronomy, e-commerce), specific reuse quotas for packaging will apply as of January 1, 2030. Manufacturers and distributors must create suitable systems or participate in existing ones.
3. Information and Labeling Requirements
Companies must:
- provide consumers with clear information on reusability, recyclability, and proper disposal,
- label packaging with standardized symbols and QR codes,
- observe national labeling requirements where these go beyond EU provisions.
- Registration and Reporting Duties
All manufacturers, importers, and distributors must:
- register in national packaging registers,
- annually report data on packaging volumes, material types, reuse targets, and disposal routes
These data form the basis for monitoring and market surveillance by national authorities.
3. Supply Chain Responsibility
Importers and distributors share responsibility for the compliance of the packaging they place on the market. This means: they must ensure that the packaging they distribute meets all requirements of the regulation—otherwise, fines or sales bans may be imposed.
4. Conformity Assessment Procedures
Producers of packaging, as the first actors in the supply chain, must carry out conformity assessment procedures according to established standards before first placing packaging on the market. This includes creating declarations of conformity and technical documentation.
5. Ban on Certain Packaging and Materials
The regulation provides a list of prohibited packaging types, such as certain single-use plastics, substances of concern, and non-recyclable material combinations. These may no longer be placed on the market from set deadlines.
Conclusion: Act Now and Implement Obligations
Regulation (EU) 2025/40 brings about far-reaching changes for most companies—regardless of whether they manufacture packaging themselves or purchase packaging to sell products on the market. The focus is on resource efficiency, reuse, and a true circular economy.
Companies should therefore:
- clearly determine their roles within the meaning of the regulation
- know their applicable legal obligations
- begin implementation and review internal processes and supply chains
- adapt packaging and its design to the new requirements
- register early and prepare for reporting requirements as soon as national portals become available.
Your contact
Do you have any questions? We look forward to hearing from you.
Legal Compliance Expert
+49 151 1636 2629
Legal Compliance Expert
