On June 5, 2026, the European Commission published the Guidance Document on the Packaging and Packaging Waste Regulation (PPWR), providing interpretation for the new EU packaging regulation that will generally apply from 12 August 2026. The document clarifies implementation details ranging from the PFAS ban to reuse targets.
Key Contents
1. Definition of Packaging
Key criterion: Whether it is used by an economic operator to contain, protect, handle, deliver, or present a product, and is not an integral part of the product itself.
2. Definition of Packaging Manufacturer
- Core principle: The party that owns the brand/trademark and determines the packaging design specifications is the manufacturer, not necessarily the actual producer.
- Micro-enterprise exemption: If the brand owner is a micro-enterprise (<10 employees, annual turnover/balance sheet ≤ EUR 2 million) and the packaging supplier is located in the same Member State, the supplier is the manufacturer.
- Responsibility: The manufacturer bears sole legal responsibility for the sustainability and labelling requirements of the packaging.
3. Definition of Packaging Producer
- Distinction from manufacturer: The producer is responsible for paying the costs of collection and recycling of packaging waste (EPR fees).
- Criterion: The economic operator that first places packaging or packaged products on the market within a Member State.
- Key rule: There is only one producer per packaging unit, depending on the type of packaging, the place of placing on the market, and whether it is for the end user.
4. Importers and Branch Offices
- Branch offices cannot act as importers: A branch office lacks independent legal personality and therefore cannot be an importer under the PPWR.
- Non-EU manufacturers: If only a branch is established in the EU, a subsidiary should be set up in the EU, or an authorised representative should be appointed when required by the Member State of first placing on the market.
5. PFAS Restriction Implementation
The guidance document confirms that the PFAS restriction for food contact packaging will enter into force on 12 August 2026. Food contact packaging shall not be placed on the market if the content of per- and polyfluoroalkyl substances (PFAS) reaches or exceeds the following thresholds, unless otherwise permitted by other EU legal instruments:
- Any PFAS (polymeric PFAS excluded from quantification): < 25 ppb
- Total PFAS (prior degradation of precursors; polymeric PFAS excluded from quantification): < 250 ppb
- Total PFAS (including polymeric PFAS): < 50 ppm
6. Recyclability Requirements
- Article 6(1): All packaging must be recyclable (applicable from 12 August 2026), while design for recyclability and large-scale recyclability assessments apply from 2030/2035 or a later date when the relevant delegated/implementing act enters into force.
- Article 6(2)(a) Design for recyclability requirement: 1 January 2030 or 24 months after the entry into force of the relevant delegated act (whichever is later)
- Article 6(2)(b) Large-scale recyclability requirement: 1 January 2035 or 5 years after the entry into force of the relevant implementing act (whichever is later)
- Transitional period: Until the delegated act enters into force, manufacturers need only comply with the essential requirements of the old Directive 94/62/EC.
7. Exemptions from Recycled Content Targets
Automatic exemptions (no application required):
- Food contact plastic packaging: where recycled content poses a threat to human health
- Plastic components constituting << 5% of the total weight of the packaging
Technical documentation requirement: Manufacturers must provide evidence in the technical documentation to demonstrate compliance with the exemption conditions.
