PPWR in force: the questions businesses are asking us most

Since 12 August 2026, most of the operative provisions of the Packaging and Packaging Waste Regulation (PPWR) have entered into force. In the months since, we have received a steady stream of implementation questions from clients grappling with their new obligations. This newsflash summarises the questions we see most often and the key points of attention they raise.

When is packaging ‘placed on the market’ for imported goods?

One of the questions we are asked most often concerns the exact point in time at which imported packaging is considered to be "placed on the market" under the PPWR, as this moment triggers the obligations of both the manufacturer and the importer.

As a general rule, placing on the market coincides with the release of the goods for free circulation at customs, meaning that the applicable requirements must, in principle, already be met at that point. This general rule is derived from the European Commission’s Blue Guide and is not always straightforward to apply in a cross-border supply chain; when goods pass through several intermediaries before reaching the EU market, for example.

Preparing the technical documentation and declaration of conformity

A recurring question concerns the practicalities of drawing up the technical documentation and declaration of conformity required under the PPWR. Manufacturers often depend on their suppliers, including suppliers established outside the EU, for the material and technical information needed to complete this documentation.

Where a supplier does not provide the information needed, this raises practical and legal questions for the manufacturer that depend on the circumstances of the case. The PPWR does not relieve the manufacturer of its own responsibility for the completeness of the technical documentation and declaration of conformity, so this is a risk that manufacturers are well advised to map out early in their supply relationships.

Non-compliant stock acquired before 12 August 2026

Many businesses are also asking whether packaging or packaging components that do not meet the new PPWR requirements, but which were purchased before 12 August 2026, may still be placed on the market or sold off. This typically concerns existing stock that was ordered or produced under the previous rules.

The starting point under the PPWR is that packaging already placed on the market before the relevant requirement started to apply does not need to meet that requirement and does not need to be withdrawn. Whether this applies to a specific batch of stock needs to be assessed on a case-by-case basis.

Who bears extended producer responsibility?

A fourth frequently recurring question is which actor in the supply chain qualifies as the "producer" for extended producer responsibility purposes. The PPWR works on the principle that only one producer is designated per item of packaging, namely the economic operator that first makes it available on the territory of the Member State where it will ultimately become waste.

Determining who that is in practice is rarely straightforward, particularly in group structures with multiple entities, sales offices or licensing arrangements. The answer depends on the factual role each party plays in the chain, which is why we recommend assessing this on a case-by-case basis rather than relying on a general assumption.

Questions about the PPWR?

These are only a selection of the questions we are receiving. Other recurring topics include the respective obligations of manufacturers and importers when packaging is placed on the market, and the extent to which labelling and conformity obligations can be delegated to an authorised representative. Do you have any questions about the PPWR or what it means for your business? Please get in touch with our team. We would be happy to discuss your questions with you.