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 primary distinction here is between a mere supplier, who is subject to the purely informational obligations under Section 16 of the PPWR, and the producer, who is subject to the core obligations under Section 15 of the Packaging Ordinance. Under Article 3(1)(13) in conjunction with Article 15(6) of the PPWR, appropriate labelling is decisive for determining the producer, whereby, particularly in relation 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 finished packaging within the meaning of the PPWR is deemed to exist (see the interpretation guidelines of the Central Agency for Packaging Register and Section 2 of the EU Commission’s Guidance document on the Packaging and Packaging Waste Regulation (PPWR)).

In the case of transport packaging, the decisive factor for determining the producer is, in particular, whether the packaging components are rigid (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 their producer is therefore generally regarded as the producer (e.g. the sawmill in relation to pallets – see, for example, the information from 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 using 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. Point 12 of the EU Commission’s PPWR FAQs, however, incorrectly assumes that a separate EU declaration of conformity is also required for films and strapping bands, which would imply that these are considered independent packaging even when unused.

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 applies from 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).

From 12 August 2026, the following obligations and requirements will 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.

In Germany, a government draft bill is already available to align packaging law and other areas of law with Regulation (EU) 2025/40, which aims to replace the existing Packaging Act (VerpackG) with a Packaging Implementing Act (VerpackDG). In terms of content, the current draft largely retains the familiar basic structures, which need only be adapted in a few places to the requirements of the Packaging Regulation. Of particular note here are new cost-bearing and financing obligations for all packaging manufacturers and the future option for packaging not subject to mandatory participation in a system to join a so-called ‘other organisation for producer responsibility’. Manufacturers who wish to continue taking back packaging not subject to mandatory participation in a system on their own initiative, as has been the case to date under Section 15 of the Packaging Act (VerpackG), must prepare for additional administrative and financial burdens, as these manufacturers will in future require a company-specific licence if they do not wish to participate in an ‘other organisation for producer responsibility’ in a cost-relevant manner.

Conclusion

Finally, it should be noted that much is still in flux at present and that further guidance on interpretation and application, as well as changes 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 or continued immediately – close monitoring of further developments is essential in order to identify potential changes to implementation-related aspects at an early stage. As things stand, contrary to numerous hopes and appeals, a postponement of the general date of application 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