Regulation (EU) 2025/40 (PPWR)

Regulation (EU) 2025/40 (PPWR): A Brief Guide for Companies on the New Packaging Rules

Effective August 12, 2026, Regulation (EU) 2025/40 on packaging and packaging waste (Packaging and Packaging Waste Regulation—PPWR) introduced a new European compliance framework for packaging. Economic operators that manufacture, import, distribute, or place packaged products on the market must adapt to expanded obligations regarding sustainability, recyclability, traceability, and documentation of compliance.

Its main objective is to reduce the environmental impact of packaging throughout its entire life cycle, from design and production to reuse, recycling, and waste management.

For companies, this means that compliance obligations are no longer limited to waste management but begin as early as the design phase and the selection of materials used for packaging.

As of August 12, 2026, the Regulation has imposed on economic operators the basic obligations regarding the compliance of packaging with sustainability requirements (Articles 5–12), assessing compliance and issuing the EU Declaration of Conformity, identifying and marking packaging, registering in the producers’ registry, and reporting under extended producer responsibility (EPR) schemes.

Subsequently, in phases, a series of other obligations will come into effect regarding: the harmonized labeling of packaging with standardized pictograms; the compostability of certain packaging formats; minimizing empty space in retail packaging; the availability of reusable packaging in the HORECA sector; mandatory recyclability of packaging and its classification by performance levels; minimum recycled content in plastic components; format restrictions set forth in Annex V; reuse targets for transport, groupage, and beverage packaging; digital labeling of substances of concern; and mandatory eco-modulation of EPR contributions based on recyclability.

• Scope

The PPWR applies to all packaging placed on the market in the Union and to all packaging waste, regardless of the type of packaging or the material used, and regardless of whether it is used in industry, retail, services, or households.

Packaging is defined as “an item, regardless of the material from which it is made, that is intended to be used by an economic operator to contain, protect, handle, deliver, or present products” to another economic operator or an end user.

• The Concept of Packaging

The definition includes: the item necessary to contain, support, or preserve the product without being an integral part of it; an integrated component; an auxiliary element attached to the product (labels); serving containers, items intended to be filled at the point of sale; and single-use items filled at the point of sale that serve a packaging function.

Examples of items that are not packaging: wax wrappers around cheese, sausage casings, soluble detergent capsules, and printer cartridges. Similarly, paints, inks, varnishes, lacquers, and adhesives applied directly to the product are not packaging, whereas hang tags or adhesive labels applied to the product are packaging.

• Economic operators covered by the PPWR

The following economic operators are covered by the PPWR:

• Manufacturer — the person who manufactures packaging or a packaged product; or, subject to the exception for micro-enterprises, the person who has the product designed or manufactured under their own name or brand;
• Importer — a person established in the Union who places packaging from a third country on the market;
• Distributor — a person in the supply chain, other than the manufacturer or importer, who makes packaging available on the market;
• Producer — the manufacturer, importer, or distributor who first makes packaging or packaged products available on the territory of a Member State;
• Final distributor — a person in the supply chain who supplies packaged products to the end user, including through reuse, or products that can be purchased through refilling;
• Authorized representative—any natural or legal person established in the Union who has received a written mandate from the manufacturer to act on behalf of that manufacturer in relation to the specified tasks associated with the manufacturer’s obligations under the PPWR
• Logistics service provider—the operator that provides at least two of the following services: warehousing, packaging, addressing, and shipping, without owning the products in question

One aspect expressly highlighted by the Commission concerns the distinct purposes of two seemingly similar concepts: “manufacturer” and “producer.”

The manufacturer is the operator responsible for ensuring that packaging complies with sustainability and labeling requirements (Articles 5–12 of the PPWR) prior to its placement on the market; this role is unique across the entire Union for a given piece of packaging.

The producer, on the other hand, is the operator responsible for financing waste management under extended producer responsibility (EPR) schemes in the Member State where the packaging becomes waste.

These two roles do not necessarily overlap in the same economic operator.

• Key obligations effective as of August 12, 2026

1. Restrictions on dangerous substances

Currently, packaging intended to come into contact with food may no longer be placed on the market if it exceeds the established limits for PFAS (per- and polyfluoroalkyl substances).

Additionally, the sum of the concentrations of lead, cadmium, mercury, and hexavalent chromium may not exceed the threshold of 100 mg/kg.

2. Elimination of packaging that misleads consumers

The regulation prohibits packaging designed to give the impression of a larger product volume through the use of:

• double walls;
• false bottoms;
• unnecessary layers;
• other elements with no real function.

The purpose of this measure is to reduce unnecessary material consumption and prevent overpackaging practices.

3. Requirements for Reusable Packaging

Any packaging marketed as reusable must meet specific requirements for durability, safety, refillability, and recyclability at the end of its life cycle.

Operators may no longer use the term “reusable” for commercial purposes unless these conditions are effectively met.

4. Traceability and Identification

Manufacturers must ensure that packaging is identified by:

• type, lot, or serial number;
• the name and contact information of the responsible operator;
• information that enables traceability throughout the supply chain.

This information may also be provided via QR codes or other digital media when space on the packaging is limited.

Compliance documentation becomes mandatory

One of the most significant changes introduced by the PPWR is the requirement to conduct a conformity assessment before packaging is placed on the market.

The manufacturer must:

1. conduct the conformity assessment procedure;
2. prepare the relevant technical documentation;
3. issue the EU Declaration of Conformity.

The documentation must include information on the materials used, the packaging design, the applicable standards, test reports, and evidence of compliance with the requirements set forth in the regulation.

This documentation must be retained:

• 5 years for single-use packaging;
• 10 years for reusable packaging.

Implications for Importers and Distributors

Importers must ensure that the manufacturer has conducted the conformity assessment and that the necessary documentation is in place before placing the product on the EU market. In the absence of this verification, the importer may be held directly liable by the authorities for placing non-compliant packaging on the market.

Distributors, in turn, must verify the presence of identification elements, mandatory labeling, and the registration of manufacturers in extended producer responsibility (EPR) systems.

New Obligations for the HoReCa and “To-Go” Sectors

The regulation introduces special measures to reduce waste generated by off-premises consumption.

Among the most important deadlines are:

• Effective February 12, 2027

HoReCa operators will be required to allow consumers to use their own containers for beverages and takeout food, under non-discriminatory conditions.

• Effective February 12, 2028

Operators will also have to offer reusable packaging options for takeout items at no additional cost to the consumer.

What’s next until 2030 and beyond?

The PPWR establishes a series of obligations that will come into effect gradually:

• mandatory recyclability criteria for all packaging;
• requirements regarding the minimum recycled content in plastic packaging;
• restrictions on certain types of single-use packaging;
• mandatory reuse targets;
• requirements to reduce empty space in commercial and transport packaging;
• eco-modulation of EPR contributions based on packaging recycling performance.

What are the consequences for economic operators in the event of noncompliance?

Although Regulation (EU) 2025/40 does not provide for uniform fines at the European level, it requires Member States to establish effective, proportionate, and deterrent sanctions for violations of the obligations set forth in the PPWR. In addition, market surveillance authorities will be able to impose measures with immediate commercial impact, such as:

• prohibiting the placing on the market of non-compliant packaging;
• withdrawing or recalling non-compliant packaged products;
• suspending sales until the nonconformities are corrected;
• blocking imports at the border;
• imposition of administrative fines as provided for by national law.

Another significant risk is the lack of compliance documentation. In practice, the inability to present the declaration of conformity or the technical file can lead to the packaging being classified as non-compliant, even before the authorities verify its technical characteristics.

The Situation in Romania

At this time, Romania should adopt the penalty framework applicable to PPWR, in accordance with Article 68 of the Regulation. The specific amounts of the fines and the competent authorities will be determined by the national implementing legislation and the administrative acts to be adopted.

Conclusion

Regulation (EU) 2025/40 marks the transition from a waste management-centered model to one based on the responsibility of the entire economic chain for the environmental impact of packaging. Companies should demonstrate the compliance of their packaging through technical documentation, internal procedures, and traceability mechanisms, and in the coming years, they must adapt to increasingly stringent standards regarding recyclability, reuse, and recycled content.

 Bibliography

• Regulation (EU) 2025/40 of the European Parliament and of the Council of December 19, 2024, on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC, published in the Official Journal of the European Union, L 2025/40, January 22, 2025.
• European Commission, Guidance Document for Regulation (EU) 2025/40 on Packaging and Packaging Waste (PPWR), Communication from the European Commission C/2026/3084, published in the Official Journal of the European Union on June 10, 2026. The document provides clarification on the interpretation and uniform application of the PPWR at the European Union level.
• EUR-Lex, Packaging and Packaging Waste (from 2026) – Summary of Regulation (EU) 2025/40, an official summary of EU legislation on the main obligations introduced by the PPWR.