Commission FAQs on the Packaging and Packaging Waste Regulation

The European Commission has published a revised set of FAQs on the Packaging and Packaging Waste Regulation (PPWR) to support companies in implementing the new rules, which became generally applicable on 12 August 2026. The updated FAQs (August 2026) address key interpretative questions that companies should now factor into their compliance processes. This article provides an overview of the key guidance set out in the FAQs.

Background

The PPWR came into force on 11 February 2025 and its key provisions have applied since 12 August 2026. We discuss the key requirements and obligations in a separate article and provide a summary in our podcast (German only). The regulation replaces the previous Packaging Directive 94/62/EC and harmonises EU rules and requirements on packaging and packaging waste.

In March 2026, the Commission published a collection of FAQs to provide economic operators and national authorities with guidance on applying the complex rules, adding further questions and answers in a second edition in August 2026. Although not legally binding, the FAQs are highly relevant in practice. They reflect the Commission’s understanding of the PPWR and can help companies interpret the provisions of the regulation. They also provide companies with valuable guidance on how to structure their compliance processes.

Key practical clarifications in the FAQs

Definition of “manufacturer”

The FAQs provide extensive clarification on the key question of who qualifies as a manufacturer of packaging under the PPWR. This directly affects who bears responsibility for conformity assessments and labelling obligations.

• Manufacturers of transport packaging (Chapter II, FAQ 5, p. 8 et seq.): The Commission states that the manufacturer must be identified at the stage where the empty packaging has reached its final form. An item of packaging has reached its final form when it can be used as transport packaging without any further components. Important distinction: The use of multiple packaging items (tape, wrap, boxes, pallets etc.) together does not mean that each item is not already in its final form. There can therefore be packaging from multiple manufacturers in one shipment. The Commission provides examples of this in the FAQs. Affected companies will need to determine in each case whether an item of packaging is already in its final form.
• Manufacturers of custom-made transport packaging (Chapter X, FAQ 14, p. 41): For unbranded custom transport packaging, the company that places the order is considered the manufacturer, rather than the company that physically manufactures the packaging. The decisive criterion is who places the order and decides on the design specifications (i.e. holds decisive power). Companies should therefore carefully assess their supply relationships. The supplier must provide the manufacturer with the necessary technical documentation pursuant to Article 16 PPWR so that the manufacturer can carry out its conformity assessment procedure.
• Manufacturers of branded packaging (Chapter II, FAQ 6, p. 9): Where packaging bears a name or trademark, the manufacturer is the company under whose name or trademark the packaging is placed on the market, even where another company may physically carry out the manufacturing or filling. This is also the case when an economic operator simply chooses a standardised packaging option and does not ask for changes to the design. The key consideration is therefore how the packaging is labelled in each case.
• Manufacturers where packaging bears a third party’s trademark (Chapter II, FAQ 7, p. 10): If a packaged product bears the name of one company and a trademark of another company, a case-by-case assessment based on the contractual agreement is necessary to establish who has the decisive power over the packaging design. Licensors whose trademark appears on packaging, but who do not determine the characteristics of the packaging, are not considered to be manufacturers.

Definition of “producer”

The FAQs also clarify who qualifies as a “producer” of packaging under the PPWR, a question that is especially relevant for determining responsibility for producer registration and extended producer responsibility (EPR) obligations:

• Producers of transport packaging (Chapter II, FAQ 9, p. 11 et seq.): The new FAQs cite “typical” examples of producers of transport packaging:

  “Company A is the manufacturer of unbranded, standardised cardboard boxes and sells them to Company B located in the same Member State. In this case, Company A would typically be the producer. This is also the case when the cardboard boxes are sold flat and require folding.”

  “If Company A sells the cardboard boxes to Company C in another Member State, and Company C fills the boxes to transport packaged products, then Company C would typically be the producer in that Member State.”

  “If Company A fills the cardboard boxes and sells them to an end user in another Member State, then Company A would typically be the producer in that other Member State.”

  “If Company A manufactures cardboard boxes under the name or trademark of Company B, then Company B will typically become the manufacturer and producer of the boxes in that Member State. However, if Company B is a micro-enterprise, then Company A is manufacturer and the producer in the Member State.”

• Producers of dual-use packaging (Chapter II, FAQ 10, p. 12): If sales packaging is also used for transportation purposes, the packaging remains part of the packaged product, and it is not placed on the market as empty transport packaging. In this case, the producer would be the economic operator that fills the packaging and makes the packaged product available for the first time in the Member State concerned. Companies will need to check how each item of packaging is used.
• Producers of packaging for intra-company shipping (Chapter II, FAQ 13, p. 13 et seq.): According to the Commission, the PPWR does not apply to packaging that a company produces itself, is merely shipped between that company’s production sites, and has not formed part of any commercial transaction. Here, the Commission relies on the concept of “placing on the market” defined in Article 3(1), point (10) PPWR. If a company uses transport packaging which it has not manufactured itself, however, the PPWR rules will apply, as the Commission considers the packaging to have been placed on the market. Companies will therefore need to check exactly when packaging was placed on the market, as this determines who the producer is.

Types of packaging

The various forms of packaging are systematically differentiated for the first time in the updated FAQs of August 2026 (Chapter II, FAQ 4, p. 8):

• Sales packaging and the product form a single unit for the end user, and the packaging is often in direct contact with the product.
• Grouped packaging combines several sales units and can be removed without changing the characteristics of the product.
• Transport packaging forms the outer layer of packaged products and is used to transport sales units. It is often more standardised, larger and sturdier than sales packaging or grouped packaging, and is typically disposed of in a commercial or industrial setting.
• E-commerce packaging under Article 3(1), point (8) PPWR is a special form of transport packaging because it is typically disposed of by the end user or consumer.

Labelling obligations

The FAQs also address the new harmonised labelling requirements under Article 12 PPWR (Chapter VIII, FAQs 1-4, p. 33):

• From the date on which the relevant implementing acts become applicable, all packaging will be required to carry a harmonised sorting label intended to help consumers dispose of packaging correctly (Article 12(1) PPWR).
• Reusable transport packaging used in closed-loop systems must additionally carry a QR code or a comparable digital data carrier enabling individual packaging units to be tracked and the number of rotations to be calculated (Article 12(2) PPWR). By contrast, reusable transport packaging used in open systems without a system operator is exempt from both the labelling requirement and the obligation to report rotations.
• Article 12(8) PPWR also prohibits labels, symbols or inscriptions that could mislead consumers as to the sustainability characteristics of packaging, including its recyclability, recycled content, reusability or compostability.
• In future, information on substances of concern will be provided through digital labelling, the methodology for which will be specified by the Commission in an implementing act based on an ongoing study by the European Chemicals Agency (ECHA).

Conformity assessment

The FAQs further clarify (Chapter XV, FAQs 5, 8 and 14, pp. 52-55) that a single conformity assessment is sufficient for the packaging unit as a whole, provided that it covers all individual components. Packaging consisting of multiple components will therefore not necessarily require multiple conformity assessment procedures. The declaration of conformity must be drawn up in the language of the Member State in which the packaging is placed on the market.

Importantly, however, the manufacturer (see above) remains responsible for carrying out the conformity assessment and issuing the declaration of conformity for “its” packaging. While the conformity assessment itself may be carried out by third parties, such as testing laboratories, legal responsibility remains with the manufacturer. Preparation of the technical documentation, by contrast, cannot be delegated (Chapter X, FAQ 9, p. 37 et seq.).

Ban on certain single-use packaging from 2030

From 1 January 2030, certain single-use packaging formats are no longer permitted to be placed on the market (Article 25(1), Annex V PPWR). The FAQs provide further details of the affected formats (Chapter XII, FAQs 1-9, p. 43 et seq.), which include single-use plastic grouped packaging used at the point of sale to encourage consumers to purchase multiple items (e.g. shrink wrap and collation film), single-use plastic packaging for fruit and vegetables in quantities of less than 1.5 kg, single-use plastic packaging for condiments, sauces and coffee creamers used in the hospitality sector, and miniature packaging for cosmetics and hygiene products used in the accommodation sector. Packaging for takeaway food for immediate consumption and packaging used in the healthcare sector are expressly excluded. The Commission is required to publish guidelines by February 2027 explaining 

Recycled content

An important clarification (Chapter V, FAQs 5 and 7, p. 26 et seq.) concerns the scope of the minimum recycled content requirements. These now apply to any plastic part of sales, grouped and transport packaging rather than only to packaging composed entirely of plastic. This therefore includes plastic components in composite packaging where they account for at least 5% of the total weight of the packaging unit (including cap and label). Non-plastic components, e.g. metal caps, fall outside the recycled content requirements.

EPR, deposit systems and re-use 

The first date for producers to report under extended producer responsibility (EPR) has been postponed until 1 June 2030 (Chapter XVIII, FAQ 3, p. 60). Member States may require additional information for EPR monitoring provided that such information is necessary and proportionate (Chapter XVIII, FAQ 6, pp. 60-61).

In certain cases, single-use deposit and return systems may perform EPR registration and reporting on behalf of participating producers. The EPR obligations remain with producers, however. Re-use systems must have procedures in place to ensure that EPR is implemented for the reusable packaging circulating within them.

Substances of concern

The FAQs provide further details on substances of concern (Chapter III, FAQs 8-10, p. 17 et seq.) and, for the first time, identify a specific method for demonstrating compliance with the minimisation requirement in Article 5(1) PPWR: Annex C of EN 13428:2004. Although this standard no longer creates a presumption of conformity under the PPWR, it may continue to be used until an updated harmonised standard becomes available. For demonstrating compliance with the combined limit for heavy metals under Article 5(4) PPWR, the FAQs refer to CEN report CR 13695-1/2000. Refillable steel cylinders containing lead alloy as required by the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) are exempt from the combined limit for heavy metals because Directive 2008/68/EC takes precedence.

Environmental claims

Article 14 PPWR governs the permissibility of environmental claims on packaging (Chapter IX, FAQs 1-3, p. 34). The FAQs make clear that environmental claims regarding packaging properties for which legal requirements are laid down in the PPWR, e.g. recyclability, recycled content, reusability and compostability, are only permitted if the property in question exceeds the minimum requirements set by the PPWR. The claims must also specify whether they relate to the whole packaging unit, a specific part of it or all packaging placed on the market by the economic operator. Environmental claims relating to properties outside the scope of the PPWR (e.g. recycled content in aluminium packaging) are governed by the general rules of the Empowerment of Consumers Directive (EU) 2024/825 and the Unfair Commercial Practices Directive (2005/29/EC). In the event of a conflict, the PPWR takes precedence as the more specific regime (lex specialis).

Enforcement

One point of particular practical relevance concerns enforcement (Chapter XVI, FAQ 1, p. 56). Non-compliant products are not required to be withdrawn from the market immediately. Pursuant to Article 62 PPWR, economic operators must first be issued with a warning and given the opportunity to rectify the situation. Prohibiting or recalling the packaging is permitted only if non-compliance persists. The Commission emphasises that public authorities should take a supportive rather than a sanction-oriented approach, for instance by raising awareness and setting reasonable deadlines for the necessary adjustments.

Transition periods

The obligations on economic operators, including the obligation to minimise substances of concern (Article 5(1) PPWR), the combined limit for heavy metals (Article 5(4) PPWR) and the PFAS limits for food-contact packaging (Article 5(5) PPWR), have applied since the general application date of 12 August 2026. For details, see our other article on the PPWR.

However, the FAQs make clear that packaging already placed on the market before 12 August 2026 may remain on the market even if it is non-compliant and that existing stocks may be made compliant with Article 15(5) and (6) PPWR by way of accompanying documentation. Packaging need not be recalled or altered (August version, Chapter X, FAQ 5, p. 36).

Conclusion and recommended action

The Commission’s updated FAQs provide greater clarity in a number of areas, but they also raise new questions for businesses seeking to ensure compliance with the PPWR. 
First, the FAQs make a distinction between sales packaging and transport packaging when determining who qualifies as the manufacturer (Chapter II, FAQ 5, p. 8 et seq.). The definition of packaging in Article 3(1), point (1) PPWR, however, does not differentiate between sales and transport packaging. The FAQs also do not address Article 21 PPWR, which provides for a form of secondary manufacturer status where packaging that has already been placed on the market undergoes substantial modification. This may be relevant, for example, where cardboard boxes are assembled, filled and sealed. 
In addition, the Commission’s guidelines (C(2026) 3702 final) state that the aim is to identify as the “producer” the economic operator in the Member State in which the packaged product is made available for consumption and is therefore likely to become waste. This is not reflected in the FAQs.
Finally, while the PFAS limits have applied since 12 August 2026 (Chapter III, FAQ 16, p. 19), a harmonised testing methodology has yet to be established.

Practical recommendations for businesses

• Clarify roles: Based on the new FAQ guidance, companies should assess whether, and in which capacity, they are responsible for specific packaging (manufacturer, importer, distributor or producer). Particular attention should be paid to own-brand and third-party brand arrangements, as well as to the distinction between sales packaging and transport packaging.
• Review labelling and branding practices: Companies should review which packaging bears their name or trademark, as this may be sufficient to establish manufacturer status and the associated responsibility for carrying out the conformity assessment.
• Review supply agreements: Contracts with packaging suppliers should expressly address the obligation to provide all compliance-related documentation required under the PPWR.
• Prepare for registration in the register of producers: Companies should begin tracking the relevant national registers of producers and register where required.
• Monitor further developments: A significant number of implementing acts and delegated acts remain outstanding. The Commission is also expected to issue further guidance. Companies should therefore closely follow regulatory developments and adapt their compliance processes accordingly.