PPWR 2025/40: When Is a Product Manufacturer Also Responsible for Packaging Compliance?
Check when, as a product manufacturer, you are also responsible for packaging under the PPWR. Learn how to inventory packaging components and prepare compliance documentation.
9/25/20268 min read
PPWR 2025/40: When Is a Product Manufacturer Also Responsible for Packaging Compliance?
The European Union has been grappling for years with the growing volume of packaging waste, which places increasing pressure on both the environment and supply chains. To reverse this trend and achieve the objectives of the circular economy, the European legislator replaced the previous directive with a directly applicable regulation that establishes measures aimed at preventing packaging waste generation at its source.
Since 12 August 2026, the PPWR, namely Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste, has been directly applicable across all EU Member States. This is not a topic relevant only to manufacturers of cartons, films, or adhesive tapes. For many companies, particularly those operating in the renewable energy, e-mobility, and battery sectors, the practical change is that the entity placing a product on the market (such as a battery, electronic device, inverter, or industrial component) must begin treating packaging as a separate area of regulatory compliance.
This article provides an introductory practical overview. The PPWR exceeds 120 pages and covers a wide range of requirements, exemptions, definitions, and implementing acts. The purpose of this article is not to deliver a comprehensive legal analysis, but rather to highlight the areas that companies should already begin organising and addressing within their internal processes.
“We Don’t Manufacture Cardboard Boxes, So the PPWR Does Not Apply to Us”
This assumption is too narrow. The PPWR requirements apply to all packaging, regardless of the material used, as well as to all packaging waste. Packaging is not limited to a box; it includes any item designed to contain, protect, handle, deliver, or present a product.
In practice, a packaging unit may consist of a carton together with adhesive tape, labels, film, inserts, cushioning materials, straps, closures, and other components that collectively perform a packaging function. It should be noted, however, that, for example, an enclosed instruction manual does not automatically become part of the packaging. Its classification requires assessment through a functional test.
Therefore, the key question is: what role does the company play within the supply chain, and can it be considered a “manufacturer” of packaging under the regulation? An entity placing a product on the market in packaging should verify not only the carton itself, but the entire packaging system used for the product to ensure compliance with the PPWR.
The Company’s Role in the Supply Chain: Manufacturer, Importer, or Distributor?
Before a company begins auditing its packaging inventory, it must first determine its legal status, as the terms “manufacturer” and “producer” have distinct meanings under the Regulation and are not synonymous:
Manufacturer (within the meaning of Article 3(1)(13) of the PPWR) – an entity that manufactures packaging or a packaged product, or has it designed or manufactured under its own name or trademark. For sales and grouped packaging, this is typically the entity carrying out the final processing, filling, and sealing operations (often the brand owner). The manufacturer is responsible for conformity assessment, technical documentation, and the EU Declaration of Conformity.
Producer under the EPR system (Article 3(1)(15) of the PPWR) – a category linked to waste management obligations under Extended Producer Responsibility (EPR) in the Member State where the product is first placed on the market. The manufacturer and the EPR producer may be the same entity, but this is not always the case.
Importer and distributor – an importer places packaging from third countries on the EU market and is required to verify the relevant documentation, while a distributor must act with due care. However, either may become a manufacturer if they modify the packaging in a way that affects its compliance or place it on the market under their own brand.
What Should the Responsible Entity Verify First?
The most practical approach is to begin by creating a comprehensive inventory of all packaging methods used within the company.
For a battery manufacturer, this may include products that are imported already packaged, as well as devices packaged in-house using purchased cartons. Each of these scenarios may give rise to different obligations and compliance risks.
What activities should therefore be included?
Identify the types of packaging used: sales packaging, grouped packaging, transport packaging, e-commerce packaging, and single-use or reusable packaging.
Describe all packaging components: cartons, films, tapes, labels, inserts, cushioning materials, bags, straps, closures, and any other packaging elements.
Assign materials and suppliers to each packaging component.
Assess packaging dimensions and characteristics: verify that the packaging does not contain excessive weight, volume, or empty space.
Collect the data that will subsequently be used to prepare the technical documentation and the EU Declaration of Conformity for the packaging.
The PPWR Does Not Require a “Certified Cardboard Box”. It Requires Demonstrable Packaging Compliance.
A second common misconception is the belief that if the PPWR applies to a cardboard box, then the box simply needs to have a “certificate.” The Regulation takes a different approach. The key requirement is to demonstrate that the packaging complies with requirements relating to, among other things, substances of concern, recyclability, minimisation, labelling, and, in certain cases, reusability.
In practice, a product manufacturer should therefore obtain relevant data from packaging and packaging material suppliers. This applies not only to cardboard but also to tapes, cushioning materials, and other packaging components. If a supplier is unable to provide the information necessary to demonstrate compliance, the company may face difficulties in documenting and substantiating its own compliance process.
However, when assessing obligations under the PPWR, it is not sufficient to consider only the main body of the Regulation. A significant part of the practical requirements is further elaborated in the annexes, which help determine how packaging should be classified, how its design should be assessed, and how compliance documentation should be prepared. Particular attention should be paid to the following:
Annex II – Classification and Assessment of Recyclability. This annex can be used to assign packaging to the appropriate material and design category and to perform a preliminary assessment of elements that may hinder sorting or recycling. It draws attention to labels, tapes, closures, adhesives, colourants, coatings, printing inks, product residues, and the separability of packaging components.
Annex IV – Justification of Packaging Weight and Volume. This annex helps evaluate whether a carton, bag, film, or any other packaging component is larger or heavier than necessary. It can be used to document why a particular weight, number of layers, or amount of empty space is required for product protection, transportation, storage, safety, packaging operations, or mandatory labelling.
Annex V – Identification of Packaging Formats Subject to Restrictions. This annex can serve as an early-warning checklist when designing new packaging or reviewing existing solutions. It allows companies to determine whether a packaging format falls within a category that will be restricted or prohibited from being placed on the market and to plan alternative solutions in advance.
Annex VI – Organisation of Reuse Systems. This annex is particularly useful for companies that use, or plan to use, reusable pallets, crates, containers, or other reusable packaging. It helps define circulation, return, collection, cleaning, condition monitoring, repair procedures, stakeholder responsibilities, and the documentation of reuse cycles.
Annex VII – Preparation of Technical Documentation and Conformity Assessment. This annex can be treated as the framework for a packaging compliance file. It specifies the information that should be collected, including a description and intended use of the packaging, drawings, constituent materials, applicable standards or specifications, results of recyclability and minimisation assessments, and test reports. It also helps link the technical documentation to production control procedures and the EU Declaration of Conformity.
What About “Old Cardboard Boxes” Kept in Storage?
The introduction of the new requirements does not automatically prohibit the use of every cardboard box already stored in a warehouse, but neither is it simply a warehouse clearance exercise. For sales and grouped packaging, the moment of placing on the market generally occurs after the final processing and filling operations have been completed, whereas transport packaging may be placed on the market while still empty. An empty cardboard box held in storage does not necessarily already have the status of a product placed on the market. Therefore, the status of existing stock must be assessed on a case-by-case basis, taking into account the type of packaging and the date on which it was first made available on the market.
Typical Mistakes Worth Eliminating Now
Restricting the analysis to the cardboard box alone while overlooking films, tapes, labels, inserts, and cushioning materials.
Treating the PPWR solely as a chemical compliance requirement related to the composition of paperboard.
Expecting a single, straightforward “PPWR certificate” instead of establishing and maintaining comprehensive packaging compliance documentation.
Failing to link packaging to the BOM (Bill of Materials), packaging instructions, and the specific product reference or SKU.
Using randomly selected cardboard boxes based solely on warehouse availability.
Failing to consider excessive empty space in transport and e-commerce packaging.
Using claims such as “eco,” “green,” or “recyclable” without a technical basis and without clearly specifying what exactly those claims refer to.
Lacking adequate data from packaging material suppliers, particularly regarding composition, coatings, adhesives, colourants, and substances used in packaging materials.
Timeline and Key Deadlines
The PPWR Regulation has been applicable since 12 August 2026; however, specific substantive requirements are being introduced in stages:
From 12 August 2026: among others, general safety requirements and restrictions on substances, including the ban on PFAS in food-contact packaging.
From 2028–2029 onwards: obligations relating to harmonised material labelling and packaging reuse systems.
From 1 January 2030: stringent requirements concerning the minimisation of packaging weight and volume (Article 10), as well as the 50% empty space limit for grouped and transport packaging (Article 24).
From 2035–2038: full implementation of recyclability criteria at scale, with only recyclability performance grades A and B generally permitted from 2038 onwards.
If a company manufactures, imports, distributes, or packages products, its first step should be to determine its precise role under the PPWR framework. Packaging should be treated as a separate, yet closely product-related, compliance area that requires structured management of data relating to materials, suppliers, and technical documentation.
DLP Poland supports companies in the practical preparation for PPWR requirements, from packaging mapping and packaging scenario assessments, through supplier documentation reviews, to the development of checklists for procurement, quality, R&D, logistics, and compliance teams. Contact us to perform an initial assessment of potential gaps in your product packaging processes.
Table: Legal Basis for Key PPWR Requirements
Area
Legal Basis under the PPWR
Comments and Recommendations
Direct Applicability from 12 August 2026
Article 71 of the PPWR
The Regulation is already applicable, subject to deferred implementation dates for specific technical requirements.
Scope Covering All Packaging
Article 2(1) of the PPWR
It covers all packaging, regardless of the material used, as well as all packaging waste.
Packaging as a Complete Unit
Article 3(1), Points 1 and 43–45 of the PPWR
The definition covers both integrated and separate components; user manuals do not automatically qualify as packaging (a functional assessment is required).
Role of the Manufacturer of a Packaged Product
Article 3(1)(13) and Article 15 of the PPWR
The manufacturer of the packaged product is generally responsible for conformity assessment, technical documentation, and the EU Declaration of Conformity for the packaging placed on the market under its name or trademark.
Distinction Between Manufacturer and EPR Producer
Article 3(1)(13) and (15), and Articles 44–45 of the PPWR
The manufacturer is responsible for technical and regulatory compliance, whereas the EPR producer is responsible for waste management obligations and related financing within the respective Member State.
Obligations of Packaging Suppliers
Article 16 of the PPWR
Suppliers are required to provide the manufacturer with the information and documentation necessary to demonstrate compliance.
Recyclability
Article 6 and Annex II of the PPWR
Annex II is currently used for classification activities and preparatory assessments; the final recyclability performance criteria will be phased in between 2030 and 2038.
Minimisation of Packaging Weight and Volume
Article 10 and Annex IV of the PPWR
Requirements to limit packaging weight and volume to the minimum necessary level will become applicable from 1 January 2030.
50% Empty Space Limit
Article 24 of the PPWR
Applies to entities filling grouped, transport, and e-commerce packaging; cushioning and void-fill materials are counted as empty space.
Substances of Concern and PFAS
Article 5(4)–(6) of the PPWR
The existing 100 mg/kg limit for heavy metals remains in force, while a ban on PFAS in food-contact packaging has applied since August 2026.
Inventory Status of Existing Warehouse Stock
Article 15, Articles 38–39, and Annexes VII–VIII of the PPWR
The manufacturer prepares the internal technical documentation (Annex VII) and issues the EU Declaration of Conformity (Annex VIII); there is no requirement for an external certification certificate.
Technical Documentation and EU Declaration of Conformity
Recital 14 of the PPWR
The timing of placing packaging on the market determines whether the relevant requirements apply; empty cardboard boxes held in storage must be assessed individually, taking into account their legal status and intended use.
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