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On March 30, 2026, the European Commission published a highly anticipated draft guidance document aimed at facilitating the uniform application of the Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR). As the industry prepares for the regulation's application starting August 12, 2026, this guidance provides critical clarity on definitions, stakeholder responsibilities, and sustainability requirements.
The PPWR, which entered into force on February 11, 2025, represents a cornerstone of the EU's Circular Economy Action Plan. Following its adoption, the Commission received numerous inquiries from Member States and industry stakeholders regarding the interpretation of complex provisions.
The newly released guidance aims to support effective implementation by providing legal certainty. It covers a wide range of topics, including the fundamental definition of packaging, the roles of various economic operators, and specific sustainability mandates such as PFAS restrictions, recyclability, and recycled content targets. The Commission emphasized that this document is an interpretative tool and does not replace the formal legal obligations established by the PPWR itself.
Defining "Packaging": What Counts?
A central focus of the guidance is the precise differentiation between packaging and non-packaging items. The classification depends on the item's function—whether it is intended for the containment, protection, handling, delivery, or presentation of products.
Category | Examples of Packaging | Examples of Non-Packaging |
|---|---|---|
Horticulture | Flowerpots intended for sale/transport. | Growing pots used in production cycles |
Food & Drink | Service packaging (e.g., cups filled at refill stations). | Empty cups sold for private use |
Medical | Secondary sales packaging for devices. | IV bags and syringes (integral delivery devices). |
Industrial | Dust bags for shoes/garments (for delivery). | Adhesive process films that are integral to manufacturing. |
Supply Chain Roles: Manufacturer, Producer, and Importer
The guidance provides a rigorous framework for distinguishing the responsibilities of different economic operators. Notably, the "Manufacturer" is the sole party responsible for the packaging's compliance with sustainability and labelling requirements.
Role | Definition under PPWR | Primary Responsibilities |
|---|---|---|
Manufacturer | The entity that manufactures packaging or has it designed/manufactured under its own name/trademark. |
|
Producer | The economic operator (manufacturer, importer, or distributor) who first makes packaged products available in a Member State. |
|
Importer | A natural or legal person established in the EU who places packaging from a third country on the market. | Verifying manufacturer compliance; ensuring a responsible party exists within the Union. |
PFAS Restrictions and Enforcement
One of the most immediate requirements is the ban on "forever chemicals" in food-contact packaging. Starting August 12, 2026, food-contact packaging containing PFAS above specific limits (e.g., 25 ppb for targeted PFAS) will be prohibited from being placed on the market. The guidance outlines a stepwise testing approach starting with Total Fluorine (TF) quantification. Importantly, there is no transitional period for stocks produced before this date; all packaging placed on the market post-deadline must comply.
Recyclability and Recycled Content
The PPWR mandates that all packaging must be recyclable by August 12, 2026. However, the strict "Design for Recycling" (DfR) criteria (Article 6(2)(a)) will apply from January 1, 2030, or 24 months after the adoption of relevant delegated acts.
Regarding Recycled Content, the guidance clarifies exemptions for plastic packaging where recycled content might pose a health risk (e.g., certain food-contact materials) or for small plastic parts representing less than 5% of the total weight.
Packaging Minimisation and Other Requirements
By January 1, 2030, manufacturers must ensure that packaging weight and volume are reduced to the minimum necessary for functionality. The existing harmonised standard EN 13428:2004 shall stay valid until the end of 2029. The guidance notes that "consumer acceptance" and "marketing" are no longer valid justifications for extra packaging. Furthermore, for grouped, transport, and e-commerce packaging, a maximum empty space ratio of 50% will be enforced.
The Commission also clarified that while EU-wide harmonised labels for waste sorting will become mandatory by August 2028, Member States are prohibited from maintaining divergent national labels that could create barriers within the Single Market.
The draft guidance document can be accessed here.
