New EU Packaging Regulation: What companies must now take into account

The time has now come: From 12 August 2026, the first obligations under Regulation (EU) 2025/40 on packaging and packaging waste ("PPWR") apply. At the same time, the new Packaging Law Implementation Act (“VerpackDG”) will replace the previous Packaging Act (“VerpackG”). This means that producers and manufacturers of packaging, in particular, must take immediate action.

I. Background

The PPWR was published in the Official Journal of the European Union on 22 January 2025 as part of the European Green Deal (OJ L 2025/40; see also our article of 17 December 2024 regarding its adoption). It repeals the previous Packaging Directive 94/62/EC and amends Regulation (EU) 2019/1020 and Directive (EU) 2019/904.

As a directly applicable EU regulation, it essentially establishes a uniform European legal framework for packaging and packaged products throughout their entire life cycle. Like numerous recent pieces of environmental legislation, the PPWR further develops packaging law – which was previously primarily shaped by waste legislation – into a far-reaching product regulation.

At national level, the Packaging Act (VerpackDG) of 13 July 2026 aligns the German legal framework with the new Regulation. The Packaging Act (VerpackG) currently in force will cease to apply on 11 August 2026; the VerpackDG will apply from 12 August 2026.

II. The first obligations come into force on 12 August 2026

1. Restrictions on hazardous substances

Once the Regulation comes into force, the first key substantive obligation will be that only packaging and packaged products in which the content of substances of concern does not exceed specified limit values may be made available on the EU market. Initially, this applies in particular to heavy metals and per- and polyfluoroalkyl substances ("PFAS").

As was the case under the former Packaging Directive, the total concentration of lead, cadmium, mercury and hexavalent chromium must not exceed 100 mg/kg per item of packaging or packaging component (Article 5(4) of the PPWR).

Furthermore, packaging that comes into contact with food may now only be placed on the market if it complies with specific PFAS limit values. For individual PFAS, these are set at a concentration of 25 ppb; for the total of all PFAS, at 250 ppb per package; and at 50 ppm, including polymeric PFAS. Furthermore, if the total fluorine content exceeds 50 mg/kg per item of packaging, proof of the amount of fluorine contained must be made available on request.

The PPWR does not currently provide for a phase-out period for packaging subject to these substance restrictions. Packaging that was already placed on the market before 12 August 2026 may, however, continue to be used. However, packaging that was merely produced before this date and is now in stock, but will only be made available on the market for the first time after 12 August 2026, must, as a general rule, already comply with the new substance limits.

2. Producer obligations

The first set of obligations under the PPWR is aimed in particular at the producers of the packaging and the packaged product. Once the Regulation comes into force, producers may only place packaging on the market that complies with the relevant substantive requirements set out in Articles 5 to 12 of the PPWR. Initially, this applies only to those requirements that take effect from 12 August 2026, in particular the substance restrictions.

Prior to placing packaging on the market, producers are required to carry out a conformity assessment procedure and draw up the relevant technical documentation (see Articles 15(2) and 38, and Annex VII of the PPWR). Upon successful completion of the conformity assessment procedure, a declaration of conformity within the meaning of Article 15(2) and Article 39 of the PPWR must be issued. To facilitate this, the procedure may, in principle, be carried out by third parties; however, ultimate responsibility for the conformity of the packaging remains entirely with the producer.

Furthermore, from 12 August 2026, producers must affix their name, registered trade name or registered trade mark, and their postal address to the packaging. Furthermore, packaging must be marked with a type, batch or serial number. For packaging manufactured before 12 August 2026 but placed on the market after this date, it is sufficient to include the relevant marking in the accompanying documentation for the packaging.

3. Extended Producer Responsibility

Building on the extended producer responsibility ("EPR") regime already in force under the Packaging Directive and the Packaging Act (VerpackG), the PPWR and the Packaging Act (VerpackDG) also provide for far-reaching obligations on manufacturers.

Manufacturers must therefore, in accordance with Article 44 of the PPWR in conjunction with Section 6(1) of the VerpackDG, register with the Central Packaging Register in the LUCID Register before placing packaging on the market for the first time. A transitional period applies to new registrations until 12 September 2026. Changes to existing registrations may be notified until 12 November 2026.

For packaging subject to the obligation to participate in a system, participation in one or more systems will continue to be required before the packaging is made available on the market (Section 7(1) of the Packaging Act). However, compared with the Packaging Act (VerpackG), which is due to be repealed, the Packaging Act extends the obligation to participate in a system in particular to primary production packaging and certain transport packaging. Existing system memberships remain valid, but only until 31 December 2026 at the latest.

Packaging that is not subject to the obligation to participate in a recycling scheme must be taken back and recycled separately (Section 39 of the Packaging Act). The specific obligations in this regard depend both on the type of packaging in question and on the distributor’s role. Furthermore, manufacturers of packaging not subject to the obligation to participate in a recycling scheme will in future require authorisation or, alternatively, must join a producer responsibility organisation (Section 19 of the Packaging Act); however, a transitional period applies until 31 December 2027 (Section 68(9) of the Packaging Act).

III. Sanctions and market surveillance

Breaches of the PPWR and the VerpackDG may be subject to substantial penalties. Under Section 66 of the VerpackDG, fines of up to EUR 200,000 per breach may be imposed, depending on the circumstances. However, unlike penalties for breaches of the VerpackDG, fines for breaches of the PPWR will only apply from 12 February 2027 (see Sections 66(2) and 68(17) of the VerpackDG).

In addition, the market surveillance authorities have, as usual, far-reaching powers. For example, they may prohibit the placing on the market of non-compliant packaging and packaged products, require their withdrawal or recall, or order provisional measures.

IV. Outlook and recommendations for action

The PPWR is rolling out its set of obligations in stages. Further requirements will come into effect from 2027 onwards and will continue to apply thereafter. A more substantial set of obligations will then follow, particularly in 2030, when specific requirements regarding design for recycling, recycled content, packaging minimisation and void space, as well as reuse and specific packaging formats, will have to be complied with or – depending on the necessary implementing acts from the European Commission – are expected to come into force.

Companies should therefore take stock of their packaging inventory and their roles in the supply chain in the short term. For each item of packaging, it must be clarified who acts as the producer, importer, distributor or manufacturer, and in which Member States the packaging in question is placed on the market or made available on the market. On this basis, existing product and supply chain processes, registrations, system memberships, labelling and supporting documentation should be reviewed and adapted to the new requirements. We would be happy to assist you with this.