Packaging legislation in mechanical and plant engineering

II. Individual scope of application

A key aspect is also the correct allocation of roles, and in particular the distinction between mere suppliers of packaging materials and packaging, producers of packaging, and downstream distributors. This is of enormous importance because, under Article 15 et seq. PPWR, and these can consequently only be fully and properly assumed and complied with if roles are correctly allocated.

The key distinction here is between a mere supplier, subject to the purely informational obligations under Article 16 of the Packaging Ordinance, and the producer, subject to the core obligations under Article 15 of the Packaging Ordinance. Under Article 3(1)(13) in conjunction with Article 15(6) of the Packaging Regulation, the key factor in determining producer status is the relevant labelling; in particular, with regard to sales packaging, the producer will generally be the party whose products are packaged therein, as it is only upon filling and subsequent sealing that a finished sales packaging within the meaning of the PPWR is deemed to exist (see the interpretative notes of the Central Agency for Packaging Registers and point 2 of the European Commission’s Guidance Document on the Packaging and Packaging Waste Regulation (PPWR)). In the FAQs, the European Commission also expressly emphasises once again that, in any event, the producer of a piece of packaging is to be the party according to whose specifications it is produced or whose brand is affixed to the packaging. However, this blanket approach is unlikely to do justice to the diversity of possible packaging scenarios, so much so that even the European Commission has conceded that, where the brand of one party and the contact details of another party appear simultaneously, a case-by-case assessment (based on existing contractual relationships) is also required in such instances.

With regard to transport packaging, there are currently two diametrically opposed viewpoints concerning the determination of the producer. According to the German Central Packaging Register and the authorities organised within the European Packaging Registers Network, the decisive factor in determining the producer status is, in particular, whether the packaging components are dimensionally stable (such as single-use or reusable pallets) or flexible (such as films, straps, cardboard boxes). Whilst the former are themselves considered to be packaging and, as a rule, their manufacturer is therefore regarded as the producer (e.g. the sawmill in the case of pallets – see, for example, the information provided by EPAL), all flexible components are merely packaging materials, whose producers are consequently merely suppliers within the meaning of Article 3(1)(16) of the PPWR, and the party who uses the materials to create packaging from them – for example, the machinery and plant manufacturer – is then to be regarded as the producer within the meaning of Article 3(1)(13) of the PPWR. The new version of the European Commission’s FAQs, which has already been cited several times, however, assumes – contrary to the system – that all items which have already taken on their final form as packaging whilst empty should also be regarded as finished packaging. In the European Commission’s view, this is said to apply, for example, to flat cardboard boxes, wrapping and shrink film, as well as strapping and adhesive tape. This would mean that their respective producers would be regarded as producers, whilst the machinery and plant manufacturers who use and assemble the materials would be considered mere distributors of transport packaging. However, this interpretation by the European Commission leads to insurmountable difficulties in practice, and has therefore met with widespread rejection. In many cases, the producer of an empty packaging component is simply unable to assess whether their customer uses it as sales or transport packaging. Furthermore, with such a division of roles, adequate producer identification in accordance with Article 15(5) and (6) of the PPWR cannot be guaranteed, and the future minimisation targets will also come to nothing.

In practice, however, a case-by-case assessment based on all the circumstances of the case and coordination between the individual actors in the supply chain is always required in order to arrive at a definition of roles appropriate to the specific situation. This should then ideally be set out in a contract to avoid misunderstandings. If the producer of packaging is established in a non-EU country, an importer pursuant to Art. 3(1)(17) PPWR is also involved, with obligations under Art. 18 PPWR; it should be noted in particular that the importer has a separate labelling obligation in relation to their role. 
 

III. Overview of obligations

With regard to the date of entry into force, it should be noted that the PPWR has been in force since 12 August 2026. Conversely, this means that all packaging placed on the market in the EU before 12 August 2026 within the meaning of Article 3(1)(10) of the PPWR remains marketable without any adjustments (in section 12, the Guidance Document seeks to bring forward the date of application for reusable transport packaging to 11 February 2026, which does not appear to be justifiable from a legal perspective).

Since 12 August 2026, the following obligations and requirements apply:

• Substance restrictions for lead, cadmium, mercury and hexavalent chromium, the total of which in a single item of packaging must not exceed 100 mg/kg (Art. 5(4) Packaging Regulation). Although these substance restrictions have been in force for many years under the EU Packaging Directive and the German Packaging Act (VerpackG), compliance has often been assumed to date. This will no longer be possible once the PPWR comes into force, as proof of compliance with these substance restrictions must form part of the conformity assessment and thus the technical documentation. Consequently, explicit evidence is required from packaging suppliers, which the respective producer must request, evaluate and consolidate. In addition, product-specific substance restrictions and bans, in particular those under the REACH and POP Regulations, continue to apply to packaging.
• Conducting a conformity assessment procedure based on technical files for each item of packaging and the subsequent issuance of an EU Declaration of Conformity (Art. 38 et seq. in conjunction with Annexes VII and VIII of the Packaging Regulation). In principle, this also applies to packaging for machinery and equipment, even if it is custom-designed packaging. A narrow exception applies under Article 15(11) of the Packaging Regulation only to custom-made transport packaging for configurable medical devices and systems intended for use in industry and the healthcare sector. A CE marking for packaging, however, is not required from a packaging law perspective. From 12 August 2026, the conformity assessment must initially only cover compliance with substance restrictions. Other issues, such as recyclability, minimum recycled content in plastic packaging, labelling, minimisation and reuse, are only to be complied with much later (from 12 August 2028 regarding labelling and from 1 January 2030 for the other obligations) and will only then be subject to conformity assessment.
• Furthermore, attention must be drawn to the producer’s obligation to label packaging in accordance with Article 15(5) and (6) of the PPWR. This initially requires a type, batch or serial number for each item of packaging. In addition, the producer must affix their name or brand, their address and a digital contact (contact form or email address) directly on the packaging or make it accessible via a QR code on the packaging. Systematically, it is likely that it will suffice for these markings to be present once on the entire packaging unit and not to be affixed to every single packaging component.

Finally, attention must be drawn to the obligations for packaging manufacturers within the meaning of Article 3(1)(15) of the Packaging Ordinance in the area of extended producer responsibility pursuant to Article 44 et seq. of the Packaging Regulation, which must be strictly distinguished from the obligations and role structures mentioned above. These have so far been implemented in national law on the basis of the EU Packaging Directive, resulting in a patchwork of detailed regulations across Member States. As the Packaging Regulation also largely leaves the implementation of the extended producer responsibility for packaging to the Member States, it is to be assumed that national peculiarities will continue to exist.

Implementation of the PPWR in Germany

In addition, the Packaging Act (VerpackDG) introduces penalty provisions for breaches of the Packaging Regulation (VerpackVO), although these will not apply until 12 February 2027. Breaches are to be classified as administrative offences across the board and will result in fines of between EUR 10,000.00 and 200,000.00.
 

IV. Current Developments

Even before its entry into force on August 12, 2026, Commission Delegated Decision (EU) 2026/429 of the Commission of February 25, 2026, supplementing Regulation (EU) 2025/40 of the European Parliament and of the Council by exempting certain economic operators who use pallet wrappers and strapping from the requirements for 100% reusability of these packaging formats. It is important to note that these adjustments have no impact whatsoever on the obligations applicable as of August 12, 2026, but relate solely to the reusability rates that will apply only as of January 1, 2030. In terms of content, the Delegated Decision exempted pallet wraps and strapping bands from the 100% reusability requirement under Article 29(2) and (3) of the PPWR, as the Commission correctly recognized that universal reusability, if at all possible, would only be achievable at completely disproportionate costs and with disproportionate adjustments.

On 10 June 2026, the Commission Notice – Guidance document for Regulation (EU) 2025/40 on packaging and packaging waste – was published in the Official Journal of the EU. The document contains the European Commission’s non-binding interpretation of key terms and obligations under the PPWR. Unfortunately, it must be noted that the guidance document is only partially helpful, fails to address numerous practical cases and, in some instances, even causes more confusion than it provides clarity. Nevertheless, it must be assumed that the published guidance, together with the aforementioned FAQ document, will form the basis for the entry into force of the PPWR on 12 August 2026. However, each affected party remains responsible for taking the appropriate measures under the PPWR in their specific circumstances.

Conclusion

In conclusion, it should be noted that, despite the law having already come into force, much is still in flux, and further guidance on interpretation and application, as well as amendments to the text of the Packaging Regulation itself and necessary secondary legislation, are to be expected in the coming weeks and months. For affected companies, this means that, in addition to operational preparations – which should be tackled immediately or continued – close monitoring of further developments is essential in order to identify potential changes to aspects relevant to implementation at an early stage. As things stand, contrary to numerous hopes and appeals, a provisional blanket suspension of the PPWR is not to be expected. 
 

Further information

You can open and download the full text of the EU Packaging Regulation 2025/40 via the following link.

EU Packaging Regulation 2025/40