The PPWR Is Now Applicable: These Obligations Apply Today – and How to Implement Them Quickly and with Legal Certainty

Since 12 August 2026, the new EU Packaging and Packaging Waste Regulation (PPWR) has been applicable. The effective date fell during the summer holiday period: many responsible stakeholders are on leave, teams are operating with limited capacity, and decision-making processes have become slower. While some companies are already well advanced in their implementation efforts, others are still at an early stage.

To add to the challenge, the European Commission published FAQs on the PPWR just one week before its application date. These FAQs go beyond merely clarifying existing requirements and introduce practical shifts in interpretation, including a partial advancement of producer status and new guidance on cartons and transport packaging. Companies must now adapt to these changes at short notice.

What Applies Now and Why Time Matters

The PPWR is no longer a future regulatory development. It is directly applicable law in all EU Member States. Unlike many regulatory frameworks, it does not provide for general thresholds limiting its scope. In principle, it affects all businesses that place packaging or packaged products on the market.

One of the key obligations effective from day one is the EU Declaration of Conformity, which must be available for packaging placed on the market where the legal obligation applies, for example to producers. Companies required to provide such documentation but unable to do so risk losing the marketability of their packaging and, consequently, the ability to sell the product itself.

In Germany, the Packaging Enforcement Act (VerpackDG) has additionally been adopted to govern national enforcement of the PPWR and may create further obligations for affected companies.

Key Challenges in Practice

In practice, three recurring problem areas are currently emerging, each reinforcing the others.

Uncertainty About Roles and Obligations
Determining whether a company qualifies as a producer, importer or distributor under the PPWR, while simultaneously assuming the role of a “manufacturer” under the framework of Extended Producer Responsibility (EPR), can be complex and highly fact-specific. Without a clear understanding of these roles, it is impossible to determine which obligations apply. Compliance efforts therefore risk being built on uncertain foundations.

Increasing Pressure from Business Partners
At the same time, companies are increasingly passing PPWR-related requirements along the supply chain and requesting supporting documentation at short notice. A recurring pattern is becoming apparent: declarations of conformity and comprehensive packaging data are often requested even where the PPWR does not explicitly require them in every scenario.

In some cases, the continuation of a business relationship is increasingly being made conditional upon providing such documentation. Companies should be aware that signing assurances or confirmations requested by business partners may create contractual obligations that go beyond the statutory requirements and may trigger independent liability risks. Businesses that do not fully understand their own legal position risk either allocating resources to requirements that do not apply to them or overlooking obligations that actually do exist.

High Complexity Under Tight Resource Constraints
The PPWR is both technically and legally complex. The required expertise is frequently not available in-house, and due to the lack of established enforcement and practical experience, there is not yet a recognised market-wide good practice. Companies therefore find themselves operating in a regulatory environment that is still in its formative stages.

For this reason, it is essential to determine precisely which requirements apply in a specific case and which do not. Companies that understand their position can meet legitimate requests, appropriately challenge excessive demands and fulfil supply chain due diligence obligations in a targeted manner. A structured supplier onboarding process, including tailored data collection, annual revalidation and contractual safeguards, is therefore becoming a core compliance requirement.

Our PPWR Rapid Response Package – A Practical Starting Point for Implementation

Many companies are currently faced with the challenge of assessing their role, obtaining the necessary information from suppliers and initiating implementation measures within a very short timeframe.

With our PPWR Rapid Response Package, we help you address the most urgent requirements quickly and effectively:

• 90-minute expert training session (including individual Q&A) – Covering the key obligations, the conformity framework and supplier management requirements.
• Practical templates – Ready-to-use templates for declarations of conformity, supplier data requests and internal compliance checklists.
• Prioritised recommendations for action – Concrete measures tailored to your company’s role and ranked according to urgency.

Beyond Immediate Support: Why a Structured Approach Pays Off

The Rapid Response Package provides speed and orientation. Sustainable legal certainty, however, requires an approach tailored to your specific business model. We can support you beyond the initial implementation phase with a pragmatic and business-focused approach, including:

• Clarification of your roles and obligations
• Development of robust conformity and documentation processes
• Implementation of effective supplier and contract management
• Operational integration into your existing systems

One principle remains essential: implementation strategies must be as differentiated as the degree of regulatory impact itself. A one-size-fits-all approach is rarely appropriate and can lead both to unnecessary effort and compliance gaps.

We would be pleased to assess your PPWR maturity level in an initial discussion, identify compliance risks and develop a practical roadmap for implementation together with you.

Contact
Dr. Tobias von Tucher is an attorney-at-law and Partner at PwC Legal AG and heads the ESG/Product Compliance practice. Please feel free to contact him regarding any questions relating to the PPWR.

This article was prepared with the contribution of Clemens Bauer, attorney-at-law and Manager at PwC Legal AG.