On 12 August 2026 Regulation (EU) 2025/40 on packaging and packaging waste, known as the PPWR, becomes generally applicable.
The Regulation covers all types of packaging, whatever the material or sector, and is particularly relevant for businesses established in the European Union that import empty packaging or packaged products from third countries.
Who is the importer for the purposes of the PPWR?
The Regulation defines the importer as any natural or legal person established in the Union who places packaging from a third country on the market.
This role does not necessarily coincide with the declarant or the customs representative who lodges the customs declaration. Who the importer is will depend on the commercial transaction and on who actually places the packaging or packaged product on the Union market.
For imports, release for free circulation is, as a general rule, the reference point for determining when goods are placed on the market.
What must the importer check?
From 12 August, importers may only place on the market packaging that complies with the requirements of the Regulation applicable at that time.
Before placing the packaging or packaged product on the market, the importer must make sure, among other things, that the manufacturer has:
- Carried out the conformity assessment.
- Drawn up the corresponding technical documentation.
- Issued the EU declaration of conformity.
- Met its identification obligations and the labelling requirements applicable under the Regulation’s timetable.
- Shown in the technical documentation that the substance limits of Article 5 are met: the sum of lead, cadmium, mercury and hexavalent chromium may not exceed 100 mg/kg.
- For food-contact packaging, complied since 12 August 2026 with the PFAS limits: 25 ppb for each PFAS measured, 250 ppb for the sum and 50 ppm for total PFAS.
The importer must also add its own identification details and ensure that storage and transport conditions do not jeopardise the conformity of the packaging.
If the importer has reason to believe that packaging does not meet the applicable requirements, it must not place it on the market until the situation has been corrected.
Can the importer take on other responsibilities?
An importer may also take on the role of manufacturer when it markets the packaging under its own name or trademark, has it designed or manufactured under its brand, or modifies the packaging in a way that may affect its conformity.
In those cases it takes on the manufacturer’s obligations, including the conformity assessment, drawing up the technical documentation and issuing the EU declaration of conformity.
The importer may also qualify as a producer for extended producer responsibility purposes when it makes packaging or packaged products available for the first time in a Member State.
The roles of importer, manufacturer and producer can therefore all sit within the same company.
What documentation must be kept?
The importer must hold a copy of the EU declaration of conformity and ensure that the technical documentation can be made available to the authorities.
For single-use packaging.
For reusable packaging.
These periods apply without prejudice to other retention periods laid down in customs, tax or sector-specific legislation.
In addition, following a reasoned request from an authority, the relevant documentation must be made available within ten days of receipt.
Can it affect customs clearance?
The PPWR forms part of the EU market surveillance framework.
Authorities may exchange information on possible non-compliance and, where the required documentation is missing, the packaging is not labelled as required or there are reasonable doubts, customs will suspend release for free circulation while the checks are carried out (Articles 26 and 27 of Regulation (EU) 2019/1020). If the market surveillance authority does not ask for the suspension to be maintained within four working days, release proceeds.
This does not mean that from 12 August every import of packaged products will be subject to a new systematic documentary check.
Nor does customs release in itself constitute proof that the packaging is compliant.
A Regulation applied in phases
12 August 2026 marks the start of the general application of the PPWR, but many of its obligations will come in later.
From 2027 onwards, the procedures, methodologies and obligations provided for in the Regulation will continue to be developed. In the following years new requirements will apply, including on labelling, compostability, recycled content, minimisation, reuse and recyclability.
For this reason, importers should pay close attention to the role they play in the supply chain and to the documentation they receive from their third-country suppliers.
