Exclusion of communication materials from the definition of packaging under PPWR
Packaging is any item used for the protection, storage, transport, or presentation of products, regardless of whether it is placed on the market empty or already filled. Envelopes for letters or invoices are not considered packaging because they do not protect or transport a product. The situation is different, however, for envelopes sold to consumers or used for shipping catalogs and magazines; these do not qualify for the exclusion, so they are treated as packaging and are subject to PPWR requirements.
Manufacturer and Producer – clarification of criteria
It is worth noting at the outset that defining one's role in the packaging management chain is crucial for financial and legal liability.
- Manufacturer: An entity that physically produces the packaging or under whose brand (logo) it is placed on the market. In the case of unbranded or custom-made packaging, the deciding factor is who places the order and determines the technical specifications. The manufacturer is responsible for the declaration of conformity, and the responsibility for preparing technical documentation cannot be delegated or transferred to other entities.
- Producer: According to the PPWR, this is the entity that first makes packaged products available on the market of a given member state (a key role in the context of EPR fees).
Definitions of sales, grouped, and transport packaging
- Sales (primary) packaging reaches the end customer along with the product. It typically remains in direct contact with the product and serves an informational and marketing function.
- Grouped (secondary) packaging facilitates shelf display and groups products together (e.g., a multipack of drinks). This packaging is intended to facilitate storage, transport, or display, or to encourage the consumer to purchase a larger quantity of products. Depending on the sales method, it is disposed of either in the commercial trade or by the consumer.
- Transport (tertiary) packaging (boxes, pallets, stretch wrap) protects goods during logistics. It may also facilitate their handling and storage. Such packaging is usually more durable than sales or grouped packaging. It is typically disposed of within the commercial trade. E-commerce (shipping) packaging is treated as a specific type of transport packaging.
What about packaging produced before August 12, 2026, but not yet placed on the market?
All packaging (and packaged products) that has been formally placed on the EU market before this date may remain on the market and continue to be used, and businesses are not required to withdraw them from stores or warehouses, even if they do not meet the new PPWR criteria. The same applies to packaging sitting in warehouses that has not yet been placed on the market. A relief measure is provided for packaging produced before this date: the information required by the regulation may be provided in a supporting document (e.g., shipping documents) instead of being applied directly to the product (which is required for packaging produced after August 12, 2026).
Delegating manufacturer obligations
The manufacturer may outsource certain tasks to third parties, such as conducting a conformity assessment or preparing a declaration of conformity. However, they cannot delegate the obligation to prepare technical documentation nor their legal responsibility for the packaging's compliance with the PPWR. Suppliers are required to provide the manufacturer with the necessary information and documentation, but the ultimate responsibility always remains with the manufacturer.
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Restriction of hazardous substances in packaging or compliance of packaging composition with the permissible heavy metal limit
Requirements regarding substances present in packaging must be demonstrated based on the principles set out in Annex C to the EN 13428:2004 standard. The standard specifies the actions that the entity responsible for placing the packaging on the market should take to demonstrate the reduction of these substances.
The obligation regarding heavy metal limits already existed in previous packaging regulations (Directive 94/62/EC). To demonstrate compliance, it is recommended to use the CEN 13695-1:2000 report, which defines methods for measuring and verifying heavy metal content in packaging.
Must every single piece of packaging be traceable?
The PPWR does not require every individual packaging unit to be marked separately. It is sufficient to use a batch number, serial number, model number, or other equivalent identifier that allows for the identification of the packaging and linking it to the relevant technical documentation and the declaration of conformity. In the case of packaging consisting of several components (e.g., a cup, lid, and label), the marking may be placed on only one of them. If, due to the size or nature of the packaging, it is not possible to place the identifier directly on it, this information may be included in an accompanying document.
Do packages in transit through the EU have to meet PPWR requirements?
No, if the packaging is passing through the EU but is not being placed on the EU market. However, if it is sold or made available within the EU, it must comply with PPWR requirements. In the case of imports into the EU, it is also important that have the goods been declared for release for free circulation, as goods in transit are not subject to PPWR requirements.
What about packaging that will not meet PPWR requirements after August 12, 2026?
If packaging is found to be non-compliant with the PPWR Regulation, the supervisory authority should first require the entity to rectify the non-compliance and allow them to take corrective action. If the non-compliance is not resolved within the specified timeframe, other measures may be applied, including a sales ban or the withdrawal of non-compliant packaging from the market. Supervisory authorities should focus primarily on supporting businesses rather than imposing sanctions from the outset.
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