PPWR: the responsibility of the brand owner

The Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) enters into application on 12 August 2026, with the aim of improving the sustainability of packaging, starting from design as regards formula and recyclability, without limiting reuse possibilities where feasible (EUR-Lex, 2026a). Albeit with less ambitious targets in some respects than those initially proposed by the European Commission.

The Commission has provided the first guidelines and answers to the questions raised by stakeholders on the implementation arrangements for the regulation (EUR-Lex, 2026a; European Union, 2026a).

Below is a comprehensive analysis of the main provisions on packaging and packaging waste for food products, as well as the responsibilities of supply chain operators. With reference to the rules on food contact materials and articles (FCM), as well as the general product safety regulation.

Packaging and Packaging Waste Regulation

The PPWR repeals the Packaging and Packaging Waste Directive 94/62/EC (PPWD), as of 12 August 2026. With the exception of certain amendments to the Single Use Plastic Directive (EU) 2019/904 (SUP), which will instead be introduced from 12 February 2029, along with the subsequent delegated and implementing acts. The new regime applies to all packaging and reforms the requirements relating to:

• the entire life cycle of packaging as regards environmental sustainability and labelling;
• extended producer responsibility;
• the prevention of packaging waste, through the reduction of unnecessary packaging as well as the reuse and refill of packaging;
• the collection and treatment, including recycling, of packaging waste.

The new regulation introduces a general requirement of packaging recyclability for packaging placed on the market, in compliance with safety requirements calling for the absence or reduced presence of substances of concern. 

Member States are responsible for controls and monitoring, as well as for verifying recovery and recycling targets, and for extended producer responsibility.

Operators are subject to new responsibilities at every stage of the supply chain, to ensure the conformity of the packaging produced (through specific declarations) and to promote all measures necessary to implement reuse (refill) and recycling practices for packaging, while at the same time ensuring the traceability of the products supplied and the raw materials procured.

Types of packaging

Definition of packaging 

The new definition of ‘packaging’ provided by the PPWR refers to:

‘an article, regardless of the material it is made of, intended to be used by an economic operator to contain, protect, handle, deliver or present products to another economic operator or to an end user, and which can be differentiated by packaging formats based on the function it fulfils, the material of which it is composed and its design, including:

a) an article necessary to contain, support or preserve the product throughout its life cycle without forming an integral part of it, and intended to be used, consumed or disposed of together with the product itself;

b) a component and ancillary element of an article referred to in point (a), integrated into it;

c) an ancillary element of an article referred to in point (a) hung directly on or attached to the product, which performs a packaging function without being an integral part of the product, and which is intended to be used, consumed or disposed of together with it;

d) an article designed to be filled at the point of sale and intended for that purpose in order to distribute the product, otherwise known as ‘service packaging’;

e) a disposable article sold and filled, or designed to be filled at the point of sale and intended for that purpose, which performs a packaging function;

f) a tea bag, coffee pad or sachet for other permeable beverages, or single-serving units that become soft after use and that contain tea, coffee or other beverages and are intended to be used and disposed of together with the product;

g) a non-permeable single-serving unit intended for a system for the preparation of tea, coffee or other beverages, intended to be used in a machine and to be used and disposed of together with the product’ (Dongo, 2026).

According to the guidelines published by the Commission, the classification of an article must always be based on the general definition set out above (PPWR, Article 3.1.1), while the illustrative list contained in Annex I to the regulation has purely indicative value. This approach is consistent with the case law of the Court of Justice developed under the PPWD.

Change of terminology

Regulation (EU) 2025/40 supersedes the definitions already contained in the PPWD — namely ‘primary packaging‘, ‘secondary packaging‘ and ‘tertiary packaging‘ — referring instead to the following categories: 

• ‘sales packaging: packaging conceived so that the product and the packaging constitute a sales unit for the end user at the point of sale;
• grouped packaging: packaging conceived so as to constitute, at the point of sale, a grouping of a certain number of sales units, whether that grouping is sold as such to the end user or whether it serves merely to facilitate the restocking of shelves at the point of sale, or to create a stock-keeping or distribution unit, and which can be removed from the product without affecting its characteristics‘ (e.g. sales displays, excluding those placed on pallets, which instead qualify as ‘transport packaging’);
• transport packaging: packaging conceived so as to facilitate the handling and transport of one or more sales units or grouped packaging in order to prevent damage to the product from physical handling and transport, but excluding road, rail, ship and air containers‘ (Dongo, 2026).

The delicate balance between recycling and food safety: derogations for FCM

The general packaging requirements are subject to certain derogations, in specific cases such as food contact materials and articles (FCM). Where sector-specific rules establish stricter limits, such as, for example:

• concentration of heavy metals (sum of lead, cadmium, mercury and hexavalent chromium) resulting from substances present in the packaging or packaging components below the limit of 100 mg/kg, where set by specific food contact materials rules;
• a lower minimum recycled plastic content, where such a component could pose a risk to consumer health or otherwise result in non-compliance with the characteristics established for FCM;
• non-applicability of certain provisions of the Commission’s delegated acts (to be adopted by 1 January 2028) on design-for-recycling criteria and recyclability performance classes.

The PFAS issue: technical thresholds to be monitored in the laboratory

Regulation (EU) 2025/40 also introduces additional restrictions to those currently defined for food packaging as regards per- and polyfluoroalkyl substances (PFAS), which must be present in concentrations below the following limit values:

• 25 ppb (μg/kg) for PFAS measured by targeted PFAS analysis (polymeric PFAS excluded from quantification);
• 250 ppb (μg/kg) for the sum of PFAS measured as the sum of targeted PFAS analyses, where applicable, with prior degradation of precursors (polymeric PFAS excluded from quantification); and
• 50 ppm (mg/kg) for PFAS (including polymeric PFAS). If total fluorine exceeds 50 mg/kg, the manufacturer, importer or downstream user shall, upon request, provide the manufacturer or importer with proof of the amount of fluorine measured as PFAS or non-PFAS content, so that the latter may compile the technical documentation for conformity assessment.

The above limits:

• do not apply where other EU rules prevent the placing on the market of materials complying with them;
• apply on a transitional basis, pending the reassessment that the Commission must carry out by 12 August 2030.

Requirements for food packaging

a) Safety and recyclability

All packaging, including food packaging, must be recyclable in compliance with the criteria set out in the PPWR, according to which design must ensure that:

i) the recycling of materials allows the resulting secondary raw materials to be of sufficient quality compared to the original material to be used in substitution for primary raw materials; and

ii) when the material becomes waste, it can be subject to separate collection and sorting into specific waste streams, without compromising the recyclability of other waste streams and recycling at scale.

Materials must be manufactured in such a way as to minimise the presence and concentration of substances of concern among the constituents of the packaging material or of any of the packaging components, including as regards their role in emissions and in any waste management outcome, such as secondary raw materials, ash or other materials intended for final disposal, and the negative impact on the environment due to microplastics.

b) Minimum recycled content in plastic packaging

All plastic parts of packaging placed on the market must contain, by 1 January 2030 or three years after the date of entry into force of the Commission’s implementing act, if later, a minimum percentage of recycled content recovered from post-consumer plastic waste, by packaging type and format, with the exception of single-use packaging already governed by Directive (EU) 2019/904.

The minimum quotas will be increased by 1 January 2040, in compliance with the following thresholds applicable by 2030 and by 2040, respectively:

a) 30% and 50% for contact-sensitive packaging whose main component is polyethylene terephthalate (PET), with the exception of single-use beverage bottles;

b) 10% and 25% for contact-sensitive packaging made from plastics other than PET, with the exception of single-use beverage bottles;

c) 30% and 65% for single-use plastic beverage bottles;

d) 35% and 65% for plastic packaging other than that referred to above.

Excluded from these requirements are:

• compostable plastic packaging;
• contact-sensitive packaging for foods intended exclusively for infants and young children, and food for special medical purposes, as well as packaging intended to contain beverages and food typically used for infants and young children;
• packaging intended to come into contact with food products, where the amount of recycled content would pose a threat to human health and cause the packaged products to be non-compliant with the requirements of Regulation (EC) No 1935/2004;
• any plastic part accounting for less than 5% of the total weight of the entire packaging unit.

Table 1: Minimum quotas of post-consumer recycled plastic (2030 / 2040 targets)

*Note: By 1 January 2030, or three years after the entry into force of the Commission’s implementing act, whichever is later.

c) Bio-based raw materials and compostable packaging

The provisions on bio-based raw materials are entrusted to the Commission, which must submit a report by 12 February 2028 indicating whether it is necessary to adopt legislative acts to introduce specific provisions on bio-based raw materials, including sustainability requirements and technical elements.

By the same date, compostable packaging may derogate from the recyclability requirements otherwise applicable to packaging. These include:

• tea bags, coffee pads and sachets for other beverages, permeable or single-serving units that become soft after use and contain tea, coffee or other beverages, and that are intended to be used and disposed of together with the product;
• adhesive labels affixed to fresh fruit and vegetable products placed on the market, compatible with composting standards under controlled industrial conditions in organic waste treatment plants, and also compatible, where required by Member States, with home composting standards;
• non-permeable single-serving units intended for systems for the preparation of tea, coffee or other beverages, intended to be used in a machine and to be used and disposed of together with the product, made of material other than metal;
• plastic bags made of very lightweight and lightweight material;
• other packaging for which Member States had already introduced a compostability obligation prior to the date of application of the PPWR, provided the waste displays similar biodegradability and compostability properties if collected together with organic waste under Member State authorisation, and provided that collection systems and infrastructure for organic waste treatment adequate to ensure that compostable packaging enters the organic waste management stream are available.

Packaging other than that referred to above, including packaging made of biodegradable plastic polymers and other biodegradable materials, is designed for material recycling without compromising the recyclability of other waste streams.

d) Minimisation of packaging

Packaging placed on the market must be designed, by 1 January 2030, so that its weight and volume are reduced to the minimum necessary to ensure its functionality, taking into account the shape and material used.

The manufacturer or importer must ensure that packaging failing to meet the performance criteria set out in Annex IV is not placed on the market, and likewise packaging featuring characteristics intended solely to increase the perceived volume of the product, including double walls, false bottoms and unnecessary layers, unless:

a) the packaging’s design is protected by intellectual property rights through the registration of a design or model, at national or European level, or by international agreements having effect in one of the Member States (Reg. (EC) No 6/2002 and Dir. 98/71/EC), or its shape is registered as an EU or national trademark, including trademarks registered under international agreements having effect in one of the Member States (Reg. (EU) 2017/1001 and Dir. 2015/2436). Such derogations apply on condition that the designs, models and trademarks received protection before 11 February 2025, and that the application of the new requirements would affect the packaging’s design in such a way as to alter its novelty or individual character, or would affect the trademark in such a way that the trademark would no longer be able to distinguish the branded product from those of other undertakings;

b) the packaged product or beverage falls under protected geographical indications pursuant to EU legislative acts, including Regulation (EU) No 1308/2013 for wine, Regulation (EU) 2019/787 for spirit drinks and Regulation (EU) 2023/2411 for craft and industrial products, or falls within the quality schemes referred to in Regulation (EU) 2024/1143 (PDO, PGI, TSG).

e) Reusable packaging

Packaging is considered reusable, from 11 February 2025, only if it meets a series of conditions set out in the PPWR, to be reported and demonstrated in the technical information (Annex VII). That is, if it:

a) has been conceived, designed and placed on the market with the objective of being reused multiple times;

b) has been conceived and designed to achieve the highest possible number of rotations under normally foreseeable conditions of use;

c) meets consumer health, safety and hygiene requirements;

d) can be emptied or unloaded without sustaining damage that would prevent its further functioning and reuse;

e) can be emptied, unloaded, refilled or recharged in compliance with applicable safety and hygiene requirements, including food safety requirements;

f) can be reconditioned while retaining the ability to perform its intended function;

g) allows for the affixing of a label, as well as the provision of information on the properties of the product and of the packaging itself, including instructions and information to ensure the safety, proper use, traceability and shelf life of the product;

h) can be emptied, unloaded, refilled or recharged without risks to the health and safety of those responsible for carrying out such operations;

i) at the waste disposal stage, meets the specific requirements for recyclable packaging.

f) Specific restrictions

Certain packaging formats listed in Annex V to the PPWR — excluding those already subject to compostability requirements — are subject to restrictions from 1 January 2030. Member States may maintain restrictions already adopted before 1 January 2025 for the same formats and uses, made of materials other than those indicated (with certain exceptions for microenterprises). For the food sector, this concerns:

a) single-use plastic grouped packaging, such as stretch film or heat-shrink plastic film, used at the point of sale to group products sold in bottles, cans, tins, jars, trays and packs conceived as ‘convenience packaging’ to enable or encourage consumers to purchase more than one product. Grouped packaging necessary to facilitate handling is excluded;

b) single-use plastic packaging for pre-packaged fresh, unprocessed fruit and vegetables weighing less than 1.5 kg, such as nets, bags, trays, containers;

c) single-use plastic packaging, including single-use trays, plates and cups, bags, filled food and beverage boxes, intended for consumption on the premises of the hotel, restaurant and catering sector;

d) single-use plastic packaging for condiments, preserves, sauces, coffee creamer and sugar in individual portions in the hotel, restaurant and catering sector (e.g. sachets, trays, tubs, boxes);

e) plastic bags made of very lightweight material for loose food, except where required for hygiene reasons or supplied as sales packaging for loose food, if this helps prevent food waste generation.

Table 2: Specific restrictions on single-use packaging (from 1 January 2030)

Packaging labelling requirements

The PPWR introduces the obligation to adopt a harmonised environmental labelling system, accessible to persons with disabilities, to indicate by means of pictograms how to dispose of packaging waste, based on packaging types, in accordance with the new decision that will replace Decision 97/129/EC from 12 August 2028. The new labelling must be adopted from 12 August 2028, or 24 months after the date of entry into force of the Commission’s implementing acts, if later, and may be based on the technical proposal of the Joint Research Centre (European Union, 2026b). It is intended to put an end to the confusion generated by the various environmental labelling schemes adopted at national level.

In addition to the harmonised label referred to in this paragraph, economic operators may affix a QR code or other standardised, open digital medium to the packaging, bearing information on the destination of each separate component of the packaging in order to facilitate sorting by consumers. The information must be affixed visibly, legibly and durably so that it cannot be easily erased, and must enable online consultation in languages comprehensible to end users.

Further requirements apply to packaging:

• placed on the market and containing substances of concern, which must be marked with standardised, open digital marking technologies;
• subject to deposit and return systems, which in turn must be marked with a clear and unambiguous label. In addition to the national label, packaging may be marked with a harmonised coloured label, provided that this does not create distortions of the internal market or obstacles to trade for products from other Member States;
• placed on the market from 12 February 2029, or 30 months after the date of entry into force of the Commission’s implementing act, if later. These must be marked with a label informing users of the reusability of the packaging;
• with minimum recycled plastic content, marked with a label containing information on the percentage of recycled content. These must comply, from 12 August 2028, or 24 months after the date of entry into force of the Commission’s implementing act, with the specifications set out therein, including as regards the indication of the share of bio-based plastic.

Environmental claims concerning the properties of packaging subject to the PPWR requirements may only be made if they are:

a) substantiated by technical documentation;

b) provided only in relation to properties of packaging that exceed the applicable minimum requirements set out in the PPWR;

c) specific, clarifying whether they refer to the packaging unit, part of the packaging unit, or all packaging placed on the market by the economic operator.

Economic operators must not provide information, or display labels, marks, symbols or inscriptions, that may mislead or confuse consumers or other end users regarding the sustainability requirements of packaging, other packaging characteristics, or packaging waste management options.

Packaging conformity and risk management

Packaging placed on the market must be accompanied by a declaration of conformity to be drawn up by the manufacturer, based on mandatory information to be received in paper or electronic form from suppliers, both for packaging and for packaging materials. The manufacturer may, by written mandate, appoint authorised representatives to maintain relations with the competent authorities required for the verification and demonstration of conformity measures. In the event of a risk posed by packaging, even if compliant, the competent authority may decide to require the economic operator to:

• take, within a reasonable period proportionate to the nature and, where applicable, the level of the risk, all appropriate measures to ensure that the packaging concerned, when placed on the market, no longer presents that risk;
• bring the packaging into conformity;
• withdraw the packaging from the market; or
• recall the packaging.

The declaration of conformity must demonstrate compliance with the general and specific requirements for packaging, and must necessarily be drawn up by the manufacturer. It must be continuously updated and produced in the official languages used in the target markets. With the EU declaration of conformity, the manufacturer assumes responsibility for the packaging’s compliance with the requirements laid down by the PPWR. In the event of formal non-compliance, the authority requires the economic operator to take the measures necessary to resolve such non-compliance.

Where packaging or a packaged product is subject to more than one Union act requiring an EU declaration of conformity (e.g. plastic FCM), a single EU declaration of conformity is drawn up, where appropriate. The declaration indicates the Union acts concerned and the references to their publication. The declaration may consist of a dossier comprising the individual EU declarations of conformity.

Extended producer responsibility for packaging producers

Producers of packaging waste, who may coincide with manufacturers, must be registered in national producer registers in the countries where they place packaging on the market or unpack it. This is to ensure the application of extended producer responsibility, as regards the financial contribution to waste management, with respect to the costs of:

• separate waste collection and its subsequent transport, including the treatment necessary to achieve the Union’s waste management targets, and the costs necessary to achieve other targets and objectives, taking into account revenues generated from reuse, from the sale of secondary raw materials obtained from their products, and from unclaimed deposit refunds;
• adequate information for waste holders on waste prevention measures, reuse and preparation-for-reuse centres, waste take-back and collection systems, and the prevention of waste littering;
• collection and reporting of data on products placed on the market of the Member State by producers, as well as data on the collection and treatment of waste resulting from such products. Specifying, where appropriate, waste material flows and other relevant data;
• labelling of packaging waste collection containers;
• carrying out surveys on the composition of unsorted municipal waste, pursuant to Implementing Regulation (EU) 2023/595 and other Commission delegated acts that may provide for such surveys.

Producers may delegate an organisation to fulfil the above obligations.

Manufacturers’ responsibility

Manufacturers are responsible for placing only compliant packaging on the market. To this end, they must:

• beforehand, carry out or have carried out the conformity assessment and draw up the required technical documentation, as well as produce the declaration of conformity. It is worth recalling in this regard the application, to packaging including food packaging, of the General Product Safety Regulation (EU) No 2023/998, which calls for a risk analysis based on the best available science and experience, regardless even of compliance with specific standards (Dongo, 2023);
• keep such documentation for at least 5 years after placing on the market for single-use packaging, and for at least 10 years for reusable packaging;
• ensure that the packaging bears a type, batch or serial number, or any other element enabling its identification. Or, if the size or nature of the packaging does not allow this, that the required information is provided in a document accompanying the packaged product. The manufacturer’s name, registered trade name or registered trademark, the postal address at which it can be contacted, and, where available, electronic means of communication, must also be indicated.

The manufacturer is not necessarily the producer of the packaging. It is defined as ‘the natural or legal person who manufactures packaging or packaged products‘, but may also include anyone who has packaging or packaged products designed or manufactured under their own name or trademark, regardless of whether any other trademark is visible on the packaging or packaged products (Dongo, 2026).

Table 3: Matrix of legal responsibilities by supply-chain operator

Roles of distributors, importers and logistics service providers

Logistics service providers must ensure that storage, handling, packaging, addressing or shipping conditions do not compromise the conformity of packaging, whether empty or containing a product.

Distributors exercise due diligence when placing packaging on the market, verifying that:

a) the producer subject to extended producer responsibility obligations for the packaging is registered in the producer register;

b) the packaging is labelled in accordance with applicable rules; and

c) the manufacturer and the importer have complied with the requirements applicable to their respective obligations.

Importers, on the other hand, are responsible for placing on the market in a manner analogous to a manufacturer. They must verify that the manufacturer has carried out the conformity assessment procedure and drawn up the technical documentation, has complied with its obligations, has labelled the packaging in accordance with applicable rules, and has accompanied it with the required documents.

Where an importer or distributor places packaging on the market under its own name or trademark, or modifies packaging already placed on the market in such a way as to affect its compliance with the relevant requirements of this regulation, that importer or distributor is considered a manufacturer, and all the obligations provided for manufacturers apply to it.

Penalties

By 12 February 2027, Member States must introduce appropriate penalties for infringement of the rules contained in the PPWR, following notification of the relevant schemes to the Commission, which must verify their proportionality and dissuasive effect.

Infringements by economic operators of the obligations to reduce packaging and packaging waste (Articles 24-29) must in turn be punished with appropriate administrative penalties. For Member States where administrative penalties are not provided for under national law, enforcement action must nevertheless be taken by the competent authority, and the penalty must be imposed by the competent national judicial authorities, while ensuring that legal remedies are effective and have equivalent effect to administrative penalties.

Stakeholder requests

Representatives of the retail sector, the packaging industry and various other sectors are asking the European Commission to postpone the application of the PPWR, citing difficulties in understanding some of its rules — despite the guidelines and FAQs — and in complying with the requirements within the set timeframe (Packaging Europe, 2026; EuroCommerce, 2026). Environmental and consumer associations, for their part, insist that the Commission should not alter the timetable set by the PPWR (EEB, 2026).

Provisional conclusions

The PPWR introduces a systemic reform of the rules on packaging and related waste: preventive risk analysis, registration and retention of related documents, declaration of conformity, traceability, risk management, extended producer responsibility.

The responsibilities of supply chain operators are redesigned following the same approach as the Food Information Regulation (EU) No 1169/11, Article 8.1, whereby the owner or holder of the trademark appearing on the product — or on the packaging, or on the display stand — assumes primary responsibility for it as a ‘manufacturer‘, regardless of their actual role in the design or production of the packaging.

Our FARE (Food and Agriculture Requirements) team is available to importers, industry operators and distributors who wish to organise their procedures in order to ensure timely compliance with the requirements of the PPWR and other applicable regulations.

Dario Dongo and Andrea Adelmo Della Penna

Credit cover Clair su Unsplash

References

Dongo, D. (2023, May 13). General Product Safety Regulation, at the starting tape in the European Union. THE ABC’S. FT (Food Times). https://www.foodtimes.eu/it/sistemi-alimentari/general-product-safety-regulation-al-nastro-di-partenza-in-unione-europea-labc/ 

Dongo, D. (2026, June 12). Food displays, packaging and PPWR. FARE (Food and Agriculture Requirements). https://fareagrifood.com/2026/06/12/espositori-alimentari-imballaggi-ppwr/?cn-reloaded=1 

European Environmental Bureau, EEB (2026, 13 May). PPWR: Keep the August 2026 application date and uphold the Regulation’s key requirements to ensure effective and compliant implementation. https://eeb.org/wp-content/uploads/2026/05/Open-Letter-PPWR-application-must-not-be-delayed.pdf

EuroCommerce. (2026, June 24). Retailers warn of disruption risks as EU packaging rules deadline is approaching: Call for clarity and grace period of 12 months to address remaining issues. https://www.eurocommerce.eu/2026/06/retailers-warn-of-disruption-risks-as-eu-packaging-rules-deadline-is-approaching-call-for-clarity-and-grace-period-of-12-months-to-address-remaining-issues/

EUR-Lex (2026a). Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC. http://data.europa.eu/eli/reg/2025/40/oj

EUR-Lex (2026b). Commission Notice – Guidance document for Regulation (EU) 2025/40 on packaging and packaging waste (C/2026/3702 final). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=intcom:C(2026)3702

European Union (2026a). Packaging and Packaging Waste Regulation (PPWR) – Frequently asked questions. Publications Office of the European Union. https://data.europa.eu/doi/10.2779/6056528

European Union (2026b). JRC technical proposal on EU harmonised waste sorting labels under the packaging and packaging waste regulation. Publications Office of the European Union. https://data.europa.eu/doi/10.2760/8070242 

Packaging Europe (2026, 29 March). PPWR Implementation — Adjust the August 2026 application date and also conduct a targeted review to clarify key requirements so to ensure effective and compliant implementation. Packaging Europe. https://packagingeurope.com/download?ac=19281 

Dario Dongo

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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.

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Andrea Adelmo Della Penna

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Graduated in Food Technologies and Biotechnologies, qualified food technologist, he follows the research and development area. With particular regard to European research projects (in Horizon 2020, PRIMA) where the FARE division of WIISE Srl, a benefit company, participates.

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