EU Packaging Waste Regulation (PPWR): Key Obligations for 2026–2040
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The new European Packaging and Packaging Waste Regulation (PPWR) fundamentally changes the rules for companies placing packaged products on the EU market—from manufacturers and e-shops to logistics providers. This article will guide you through the key obligations for 2026–2040 and help you prepare your business so it does not lose market access, reputation, or negotiating leverage.
Table of Contents
The concept of the new European packaging framework
The Packaging and Packaging Waste Regulation (PPWR) is the European Union’s response to the steadily growing volume of packaging and the pressure on primary raw materials, recycling infrastructure, and the environment. The previous directive left considerable room for Member States.
This led to a fragmented system of national rules, differing definitions of recyclability, and varying requirements for labelling and fees. The result of this fragmentation was legal uncertainty, higher transaction costs, and complex compliance for businesses operating in multiple countries.
PPWR changes this situation because, as a regulation, it is directly applicable in all Member States and introduces harmonised rules for the entire packaging life cycle. The European Commission explicitly ranks this framework among the key instruments of the Green Deal and the Circular Economy Action Plan.
The aim is not only to reduce the amount of packaging waste, but also to support innovation, the recycling industry, and new business models based on reuse. A fundamental shift is also the transfer of responsibility to producers of packaging and packaged goods. A core principle is this shift in responsibility, under which producers of packaging and packaged goods will bear greater financial and organisational responsibility.
In practice, this means that a business that today merely purchases and uses packaging will newly be assessed based on whether that packaging can realistically be recycled. It is also assessed whether it contains recycled content, how it is labelled, and how it contributes to meeting European targets.
At the same time, the new framework seeks to remove obstacles to the free movement of goods that arose because individual countries introduced their own markings and different definitions. For entrepreneurs, this does mean stricter requirements, but in the medium term it represents entry into a more transparent and less fragmented environment.
Uniform European rules often reduce transaction costs for companies that can respond in time, invest in compliance, and leverage the resulting competitive advantages. It is important to emphasise that this regulation is not an isolated piece of legislation, but builds on other European policies.
In practice, packaging therefore cannot be addressed separately from product legislation, ESG reporting, contractual arrangements with suppliers, and tax impacts. The attorneys at ARROWS advokátní kanceláře therefore work with clients on the broader compliance framework and a strategy for using the new requirements to streamline logistics and relationships with customers.
From a directive to a directly applicable regulation
From a business perspective, the difference between a directive and a regulation is fundamental. A directive sets objectives but leaves Member States discretion in implementation, whereas a regulation applies directly and uniformly without needing to be transposed into national laws.
Member States may only add sanctions, supervisory mechanisms, or certain procedural details. If disputes arise in practice regarding the interpretation of obligations or liability within the supply chain, it may be useful to follow the recommendations on the topic of disputes arising from commercial cooperation. The new legislation sends a clear signal that the European packaging market is to be governed by a single set of rules without the possibility of national deviations.
The regulation has generally entered into force and will apply from 12 August 2026. However, certain specific obligations, such as recyclability or labelling requirements, are linked to implementing and delegated acts of the European Commission adopted later.
This two-stage structure is challenging for businesses because part of the rules is already certain and part is still being developed. Detailed interpretative guidance explains the definition of packaging, transitional periods for chemical substances, and the harmonisation of standards for minimum weight. This two-stage structure is challenging for businesses because part of the rules is already certain and part is still being developed.
Companies that wait until all rules are completely clear risk being unable to switch quickly enough to new packaging concepts. As a result, they may lose part of the market to more agile competitors that prepare in advance.
From a legal perspective, packaging placed on the market after 12 August 2026 must comply with the regulation, while older stock may, under certain conditions, be sold off. This creates practical questions regarding inventory management and tracking the date of placing on the market. In connection with this, it is also advisable to set up internal decision-making and responsibilities (who approves packaging, who bears the risk, and how changes are recorded), which typically falls within the area of corporate law, holdings, and structures. Packaging placed on the market after 12 August 2026 must comply with the regulation, while older stock may, under certain conditions, be sold off.
The attorneys at ARROWS advokátní kanceláře therefore recommend that clients already adapt their internal systems so that they can demonstrate when a specific packaging item was first placed on the EU market. It is advisable to separate old and new packaging in stock, including documentation. For products where the packaging also serves an informational and marketing function, it makes sense to verify which mandatory information and claims may be problematic, as also outlined in the article what must be on the packaging of a food supplement so that ČOI and SZPI do not fine you. The attorneys at ARROWS advokátní kanceláře therefore recommend that clients already adapt their internal systems to evidence the date packaging is placed on the market.
Key objectives and principles of waste reduction
The new framework rests on several core pillars, the first being waste prevention. By 2040, Member States must achieve a 15% reduction in packaging waste per capita compared to the 2018 reference year.
This will translate into an obligation to minimise the weight and volume of packaging, limit unnecessary layers, and ban design features without a function. This will translate into an obligation to minimise the weight and volume of packaging and to ban design features without any real function.
By 2030, all packaging must be designed to be recyclable according to harmonised design-for-recycling criteria. By 2035, recycling is to be available at scale, i.e., genuinely implemented in collection and sorting infrastructure.
The third pillar is mandatory recycled content in plastic packaging, which is intended to gradually reduce dependence on primary fossil raw materials. For different types of plastic packaging, the regulation sets minimum shares of recycled content from 2030. The third pillar is mandatory recycled content in plastic packaging, which is intended to gradually reduce dependence on primary fossil raw materials.
The fourth pillar is reusability: for selected segments, such as beverage packaging or parts of e-commerce, the Regulation introduces mandatory targets for the share of reusable packaging. Minimum requirements for these systems are also set.
Throughout the Regulation, the principle of extended producer responsibility (EPR) applies, under which the costs of collection, sorting and recycling of packaging are borne by producers through mandatory fees. Throughout the Regulation, the principle of extended producer responsibility applies, with fees to be eco-modulated according to recyclability.
The better a package is recyclable and the more recycled content it contains, the lower the fee the producer will pay. This creates market pressure to redesign packaging and, from a corporate strategy perspective, becomes a matter of cost structure and competitiveness.
Scope of application and roles in the supply chain
The Regulation applies to all packaging and packaging waste in the Union, regardless of the material used, the type of packaging, or the origin of the packaging. In terms of obligated parties, it is key who the economic operator placing the packaging on the market is.
Typically, this includes packaging manufacturers, fillers, importers of packaged goods, distributors, retailers and online sellers. Unlike some national regimes, the Regulation generally does not include blanket exemptions for small or micro-enterprises.
Newly, obligations for online marketplaces and platforms are clearly defined. If a digital marketplace provides logistics, packaging or distribution for third-party products, it is considered an economic operator and must comply with the prescribed obligations.
This is important both for large platforms and for brands using fulfilment centres. The contractual allocation of responsibility will have to be set precisely; otherwise, disputes may arise as to who bears responsibility for non-compliant packaging.
A producer for the purposes of extended producer responsibility is not always only the party that physically manufactures the packaging, but the party that first places it on the market in the given Member State. A producer for the purposes of liability is the party that first places the packaging on the market in the given Member State. The distributor and retailer then have an obligation to verify that the producer has fulfilled the registration obligations and that the packaging bears the required labelling. For groups of companies, the issue of assessing connected entities at the level of the entire group also arises.
Poorly set product flows may result in obligations formally being borne by an entity that is not prepared for them. Online marketplaces are required to verify sellers’ compliance with legislation, which will be reflected in strict contractual terms.
Territorial reach and distance selling
The Regulation applies to all packaging placed on the European Union market, which also includes distance sales to end customers from third countries. It is therefore not decisive where the business is established, but where the packaging ends up.
For businesses established outside the EU, an obligation is introduced to appoint an authorised representative in the Union who will fulfil registration obligations. The European framework fully harmonises the national system, which means that Czech legislation will have to be amended to reflect the new definitions. Businesses therefore cannot automatically rely on past experience as a guarantee of compliance.
In cross-border sales, it must be expected that until the single European register is fully operational, producers will have to register separately in each state. The attorneys from ARROWS advokátní kancelář recommend that exporters harmonise packaging specifications for multiple markets in good time.
Related questions on the new EU Regulation
1. Does the PPWR also apply to our company if we only use standard cardboard boxes and film from a supplier?
Yes, the Regulation applies to all packaging placed on the market regardless of material. If you are the first to place packaged products on the market in a specific Member State, you are considered the packaging producer under the legislation, with all related obligations.
2. Does it make sense to wait for the full wording of the European Commission’s implementing acts?
Given the approaching effective dates in 2026–2030, postponing preparations is highly risky. A number of key parameters, such as the ban on specific chemical substances or the basic recyclability targets, are already firmly set.
Packaging development and design for recycling
One of the strongest impacts of the new legislation on business is the shift in the focus of obligations from the post-use phase to the packaging design phase itself. Packaging may be placed on the market only if it meets strict sustainability requirements.
After 2030, it will not be sufficient merely to claim that a particular material is technically recyclable. It will be necessary to actually demonstrate that the packaging as a whole, including labels, caps, adhesives and inks, meets European criteria.
Packaging will be assessed and classified into classes according to recyclability, and below a defined threshold it will not be possible to place packaging on the market at all. This means a de facto end for many multi-material laminates and problematic film combinations.
The new regime also includes a significant tightening of rules on environmental claims. Claims of recyclability must strictly be based on harmonised calculation methods and must be supported by technical documentation.
This significantly increases the risk of regulatory action against unfair greenwashing and shifts the burden of proof directly onto producers. The choice of materials has a direct impact on the level of fees and on the overall negotiating position vis-à-vis major customers.
The attorneys from ARROWS advokátní kancelář therefore recommend that clients involve not only technical teams but also the legal department early in discussions about packaging redesign. The attorneys from ARROWS advokátní kancelář recommend involving the legal department in redesign discussions and verifying marketing claims by means of an expert assessment.
From 2035, the actual availability of collection and sorting in the real waste management system will also begin to be assessed. Companies that rely on hard-to-recycle materials without robust infrastructure risk an economic disadvantage.
The new rules also affect packaging that is currently labelled as compostable. The Regulation essentially prefers material recycling over composting, except for clearly defined specific applications.
Mandatory recycled content and minimisation
A key new element is mandatory minimum recycled content in plastic packaging. The Regulation extends these requirements to all types of plastic packaging placed on the European market.
Detailed parameters provide that, from 2030, plastic packaging will have to contain recycled content within a defined range depending on the type of use. From 2030, plastic packaging will have to contain recycled content of approximately 10% to 35%, depending on the type of use.
Pure virgin plastic will become the exception in packaging and an economically disadvantageous choice. For business, this brings a challenge in terms of limited availability of high-quality recyclate, which is already pushing raw material prices upwards. Requirements for traceability and auditability of recycled content mean the creation of new internal company processes.
In addition to composition, the regulation also focuses on empty space in packaging, especially in e-commerce and transport packaging. A quantitative limit on empty space is introduced, which must not be unnecessarily filled solely with void fill.
It is expected that from 2030, a maximum empty-space ratio of around 50% will apply to transport packaging. Void fill materials, such as air pillows or paper, are considered empty space for the purposes of the calculation.
Companies will need to reassess standard carton sizes and packaging strategies. The Regulation explicitly prohibits design solutions such as false bottoms or unnecessary multiple layers that do not serve a protective function.
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Potential issues |
How ARROWS helps (office@arws.cz) |
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Failure to meet recyclability requirements: the packaging cannot be placed on the market from 2030, leading to lost sales. |
Assessment of the recyclability of your packaging portfolio: we will prepare a legal compliance analysis under the PPWR. We will recommend design adjustments and contractually address the impacts of changes vis-à-vis both suppliers and customers. |
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Incorrect or unsubstantiated claim: risk of accusations of greenwashing and the imposition of high financial penalties. |
Review of environmental claims: we will review your packaging and marketing materials. We will set up internal approval processes and prepare supporting documentation in case of an inspection or dispute. |
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Excessive empty space: fines from supervisory authorities and reputational damage to the brand. |
Audit of packaging processes in light of the PPWR: together with your logistics team, we will identify high-risk formats. We will set internal guidelines and recommend contractual adjustments with 3PL and fulfilment partners. |
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Unsecured access to recycled content: failure to meet mandatory shares and subsequent loss of certifications with key customers. |
Negotiation of supply agreements: we will prepare agreements with plastics and recycled-content suppliers, including warranties. We will put in place audit mechanisms and liability for failure to meet recycled-content parameters. |
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Unresolved private label liability: legal disputes between the manufacturer, the packer, and the retail chain. |
Allocation of liability in contracts: we will prepare or review private label manufacturing agreements. We will amend co‑packing and distribution agreements so that the allocation of EPR obligations is clear. |
Related questions on packaging recyclability
1. Is it enough if the packaging supplier verbally declares the supplied packaging to be fully recyclable?
It is not enough; liability towards regulators lies with the party that actually places the packaging on the market. It is essential to have complete technical documentation in line with the Regulation and to have contractual liability for the accuracy of the information clearly set.
2. Does it make sense to invest in the development and purchase of compostable packaging?
Legislation treats compostable packaging as an exception for specific cases, not as a universal solution. Most packaging is to be materially recyclable, and biodegradability is expected only for selected formats.
3. Does the European Regulation also cover the inks, additives, and prints used on packaging?
Yes, even seemingly marginal elements can materially worsen actual recyclability and move the packaging into a prohibited category. It is therefore worth linking technical guidelines with the legal framework and properly setting your company’s design manual.
Chemical safety and the PFAS ban
In addition to recyclability, the new rules bring fundamental changes in the area of chemical safety of packaging. The aim is to demonstrably reduce human and environmental exposure to toxic substances and significantly improve the quality of resulting recycled materials.
For businesses in food, beverages, cosmetics, and pharmaceuticals, this means the need to know in detail the exact composition of the packaging used. The sum of concentrations of selected heavy metals in the packaging or its components must not exceed 100 mg/kg.
This limit builds on older regulations, but the Regulation firmly harmonises it across the entire Union. Companies will need to ensure laboratory verification and the relevant declaration of conformity, which will affect supply chains.
Businesses must be prepared for more extensive questioning of their suppliers about the exact composition of materials. Businesses must be prepared for more extensive questioning of their suppliers about the exact composition of materials. The attorneys of ARROWS, a Prague-based law firm, help coordinate requirements arising from individual regulations and minimise the risk of penalties.
From a practical perspective, a major change is the complete ban on PFAS in food-contact packaging above the specified low limits. These substances have so far been widely used to achieve high resistance to grease and water. From a practical perspective, a major change is the complete ban on PFAS in food-contact packaging.
From 12 August 2026, food packaging containing these substances may no longer be placed on the market. However, packaging placed on the market before that date may, according to interpretative guidance, remain in circulation until stocks are sold out.
For manufacturers in the food and gastro segment, this means the need to switch to alternative materials very quickly. For manufacturers in the food and gastro segment, this means the need to switch to alternative materials very quickly.
Reuse and deposit-return systems
In addition to reducing the amount of packaging and increasing recycling, the Regulation focuses on the reusability of packaging materials. The aim is to ensure that a significant share of packaging in B2B logistics does not become waste after the first use.
From a business perspective, this means a shift to a model where crates or pallets are treated as circulating assets. For transport and industrial packaging, it is assumed that by 2030 a significant share will be reusable.
For e‑commerce packaging, it is additionally envisaged that from 2030 customers must be offered the option to choose returnable packaging. This option must not be hidden in any way in the e‑shop interface or disadvantaged.
Implementing these systems in practice requires thoughtful design and information systems for accurate tracking of circulation. From a legal perspective, it is key to clarify ownership of reusable packaging and responsibility for its hygiene. The attorneys of ARROWS, a Prague-based law firm, help clients set up contracts, terms and conditions, and internal reuse policies.
The Regulation also assumes that, to achieve a high collection rate for beverage packaging, states will introduce mandatory deposit-return systems. For beverage manufacturers and distributors, this means the need to adapt packaging so that it is compatible with the collection infrastructure. Participation in the systems will require entering into complex contractual relationships with the operator.
The attorneys at ARROWS, a Prague-based law firm, recommend that companies monitor the preparation of national deposit-return systems and respond in a timely manner.
Impacts on retail and the gastro segment
The Regulation also has significant impacts on retail and the hotel, restaurant, and café segment. It explicitly supports systems in which customers can bring their own container for takeaway food and beverages.
For operators, this means the need to think through logistics, storage, and ensuring strict hygiene during filling. Retail chains will face requirements to allocate space for the take-back of deposit packaging.
This may have a direct impact on store design, back-of-house logistics flows, and internal IT systems. The attorneys at ARROWS, a Prague-based law firm, help clients set internal policies and insurance programmes for retail.
Related questions on the reuse of packaging
1. Do we have to build an entirely in-house reuse system, or can we join an existing solution?
The Regulation allows both individual and collective reuse systems. In practice, a shared model is often more efficient, as the initial investment costs are spread across multiple market participants.
2. Who is responsible in the foodservice segment for the hygiene of reusable packaging?
As a general rule, the operator is responsible for the hygiene of the packaging it provides, while for containers brought in by customers, the customer is responsible for their condition. However, the filling process itself must always comply with hygiene standards.
Administrative burden and digital passports
The new legislation significantly strengthens data and administrative requirements for businesses of all sizes. In addition to existing record-keeping, it introduces more detailed reporting and mandatory producer registrations in individual countries. Packaging data is becoming a strategic agenda, because without accurate and auditable data, compliance cannot be demonstrated.
Across the European Union, harmonised labelling will be introduced to provide information on material composition and the correct method of sorting. After a transitional period, Member States will not be able to require their own different national labels.
In addition to physical labels, the framework envisages extensive deployment of QR codes and digital product passports. Attorneys from ARROWS, a Prague-based law firm, recommend involving IT and the procurement department early in the preparation of digital labelling.
Strategic management and compliance audit
Implementing the Regulation is a complex task that requires a proactive approach from top management. The first logical step should be a thorough audit of the existing portfolio of packaging in use.
Based on the audit results, it is necessary to decide which packaging can be retained and which requires a fundamental redesign. Attorneys at ARROWS, a Prague-based law firm, recommend embedding clear obligations regarding the transfer of technical data into contracts.
This issue is also becoming critical in mergers and acquisitions and in risk assessment within due diligence. The absence of packaging redesign plans may represent a hidden future cost for an investor in the millions. ARROWS, a Prague-based law firm, maintains professional liability insurance of up to CZK 400,000,000, providing clients with assurance.
Conclusion
The European Packaging and Packaging Waste Regulation (PPWR) represents one of the biggest regulatory changes in recent years for all companies placing packaged products on the EU market. From August 2026, packaging becomes a ticket to the market: without compliance with PPWR, it will not be possible to place packaging on the market legally.
This means a real risk of lost revenue, reputational damage, sanctions, or sales being blocked by supervisory authorities or platforms. PPWR does not address waste sorting alone; it affects packaging design itself, the choice of materials, recyclability, recycled content, chemical safety, reuse systems, digital labelling, and detailed data and contractual processes throughout the supply chain.
For entrepreneurs, management, and investors, it is therefore essential to understand PPWR as a strategic topic that will affect the cost structure, ESG profile, access to financing, and negotiating position with customers and suppliers. Those who carry out a packaging audit in time, set up data and contractual processes, prepare a redesign and an implementation plan for 2026–2030 can use the new requirements as a competitive advantage. Those who react only after the first inspections or problems with customers risk one-off investments, fines, litigation, and loss of market access.
If you do not want to risk unnecessary mistakes, it is sensible to entrust the entire legal and process preparation to experienced professionals. If you are interested in a consultation, you can contact a representative of ARROWS, a Prague-based law firm, by e-mail at office@arws.cz.
FAQ
1. What is PPWR and what is the difference compared to the existing legislation?
PPWR (the Packaging and Packaging Waste Regulation) is a new European regulation that applies directly and uniformly in all Member States without the need for national transposition into local laws. The previous directive left discretion to states, which led to fragmented rules. The aim of PPWR is to harmonise rules in the internal market, minimise packaging waste, and transition to a fully circular economy.
2. From when do the new rules apply and what will happen to old packaging stocks?
The Regulation will generally start to apply from 12 August 2026, with some specific targets (e.g., for recycling or minimisation) only coming into effect in 2030. Packaging placed on the market after 12 August 2026 must be fully compliant with the Regulation. Older stocks that were demonstrably and legally placed on the market before that date do not have to be withdrawn and may continue to be sold.
3. Who bears the main responsibility for packaging under PPWR?
The Regulation shifts the main financial and organisational responsibility to producers of packaging and packaged goods under so-called extended producer responsibility (EPR). A “producer” is, in simplified terms, the economic operator (manufacturer, importer, or distributor) that first places the packaging on the market in the given Member State.
4. How are the rules on recyclability and fees (EPR) changing?
By 1 January 2030, all packaging must be designed to be recyclable (it will be classified into classes A, B or C). From 2035, it must then be recycled “at scale” within real-world infrastructure. The fees that producers pay to systems (such as EKO-KOM) will be eco-modulated—the more recyclable the packaging, the lower the fee the company will pay.
5. Will recycled content in packaging be mandatory?
Yes, for plastic parts of packaging. As of 1 January 2030, the regulation introduces mandatory minimum shares of recycled content obtained from post-consumer waste. These shares range from 10% to 35% depending on the type of packaging use (e.g., whether it concerns PET bottles, food-contact packaging, or other plastics).
6. What restrictions apply to hazardous chemical substances (e.g., PFAS and heavy metals)?
From 12 August 2026, a strict ban applies to food-contact packaging if it contains PFAS (so-called “forever chemicals”) above the specified limits (e.g., 50 mg/kg for total fluorine). Strict limits for heavy metals also continue to apply (the sum of lead, cadmium, mercury and hexavalent chromium up to 100 mg/kg). These limits are assessed for the packaging as a whole, including the paints, inks and adhesives used.
7. How does the PPWR regulate box size and empty space in packaging?
For transport, grouped and e-commerce packaging, a hard limit of a maximum of 50% empty space is set from 2030. The law expressly provides that space filled with filling materials (bubble wrap, paper offcuts, polystyrene, etc.) is considered empty space for the purposes of this limit. False bottoms and double walls that serve only to increase the perceived volume of the product are also prohibited.
Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.
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