The Commission has recently released additional guidance and FAQs to support implementation.

By Michael D. Green, James Bee, and Toon Dictus

Key Points:

  • The EU PPWR became effective on the general application date of 12 August 2026.
  • Certain rules (including the “conformity assessment” regarding restrictions on substances of concern and PFAS in food-contact packaging) and most harmonised EPR rules now apply, while other provisions enter into force on a phased basis.
  • The European Commission published a guidance document in June 2026 and updated FAQs in August 2026 to clarify key definitions, compliance requirements, and the practical application of the PPWR.

From 12 August 2026, the EU Packaging and Packaging Waste Regulation (PPWR) applies across the EU. The PPWR was adopted on 19 December 2024, replacing the Packaging and Packaging Waste Directive. It establishes a harmonised legal framework across the EU, with the primary objectives of preventing unnecessary packaging; promoting reuse, refill, and recycling; aligning national measures; and contributing to the EU’s circular economy and climate neutrality goals.

The EU PPWR replaces the Packaging and Packaging Waste Directive, including harmonising the packaging Extended Producer Responsibility (EPR) framework across the EU. EPR regimes seek to ensure that the entities responsible for placing packaging on the Union market are responsible for the post-consumer stage of the packaging’s lifecycle — including collection, sorting, recycling, and disposal. Under the new rules, producers will be required to register in each Member State where they first place packaging on the market, comply individually or through a producer responsibility organisation, and pay eco-modulated contributions that fund collection, recycling, and waste management. However, the producer registers are not yet in place due to a delay in the adoption of an implementing act that was anticipated to be published in February 2026.

For a comprehensive overview of the PPWR’s provisions, including its scope, affected economic operators, requirements, and key compliance dates, please refer to this Latham article.

Application Date and Initial Enforcement

From 12 August 2026, economic operators must comply with the obligations in force. This involves a requirement to carry out a “conformity assessment procedure” and produce a declaration of conformity for manufacturers of packaging (as defined in the PPWR). The conformity assessment currently relates to requirements on substances of concern and restrictions on per- and poly-fluoroalkyl substances (PFAS) in food-contact packaging. Other entities in the packaging value chain, such as importers, distributors, and fulfilment service providers, have related verification obligations depending on their role; for example, to ensure that the conformity assessment procedure has been properly carried out.

While the obligations have entered into force, the Commission has emphasised, including in the August 2026 FAQ document, that enforcement “should not disrupt trade flows, supply chains, or consumer access to goods”. The FAQs on enforcement include that if a Member State identifies non-compliance, it must first require the relevant economic operator to take corrective action before taking further measures, such as prohibiting, recalling, or withdrawing non-compliant packaging. Market surveillance authorities are encouraged to support compliance through awareness-raising and requests for corrective action with reasonable timelines, rather than taking a sanction-first approach. Although the FAQs are a supplementary document to the PPWR, this gives an indication of the initial stance of the European Commission regarding enforcement.

Guidance Document

On 5 June 2026, the Commission published a guidance document to support the implementation of the PPWR by economic operators and Member States. The guidance addresses selected provisions of the PPWR with the aim of facilitating uniform application.

The document sets out areas that the Commission has received enquiries about, first detailing the legal provisions from the PPWR, followed by the Commission’s interpretation. The guidance covers a broad range of topics, such as several key definitions (including “manufacturer” and “producer”), enforcement considerations related to PFAS, exemptions, and targets. The guidance should not be read in isolation and does not replace, add to, or amend the provisions of the PPWR.

Updated FAQs

The Commission updated its FAQs in August 2026, following the initial FAQs published in March 2026. The FAQ document addresses practical issues raised by stakeholders since the PPWR’s adoption and provides answers across topics, including definitions, substances of concern, recyclability, recycled content, labelling, manufacturer obligations, empty space requirements, packaging bans, reuse and refill, extended producer responsibility (EPR), and deposit and return systems.

Several new FAQs cover specific, nuanced topics in relation to the PPWR and associated guidance. Certain clarifications are set out below, in addition to the consideration on enforcement discussed above.

Transitional Stock

The FAQs clarify that packaging already produced and held in stock prior to 12 August 2026, but not yet placed on the market by that date, does not need to be destroyed, remanufactured, or relabelled. Packaging placed on the market before 12 August 2026 can remain on the market even if non-compliant with the PPWR. However, this does not apply to PFAS restrictions, for which there is no transitional period for exhaustion of stocks.

Packaging Transiting the EU Towards Non-EU Destinations

If the packaging or packaged products will remain in transit in the EU on the way to a non-EU destination, the FAQs clarify that compliance with the PPWR is not required, as this is not considered to be placing products on the market.

Importer Requirements

If packaging is imported from a third country, the importer is responsible for ensuring that the manufacturer has complied with the PPWR, as requirements are in place from 12 August 2026.

Branded Packaging

The FAQs clarify that if packaging carries a name or trademark, it can be assumed that the owner of that name or trademark is the “manufacturer”. This is because in this case, this entity will have decisive power in their relationship with suppliers and will be able to determine the packaging’s characteristics. The FAQs further contain clarifications on cases where a packaged product bears a name of one company and a trademark of another company.

Next Steps

The PPWR framework will continue to develop through implementing and delegated acts. The Commission has also stated it will continue to update the FAQs as needed to address practical implementation questions.

Companies should assess their role(s) under the PPWR (such as a manufacturer, producer, importer, or distributor), as this determines specific compliance obligations. For obligations now in force, companies should ensure packaging placed on the market complies with conformity assessment requirements, including in relation to substances-of-concern minimisation, PFAS limits, and manufacturer identification requirements.

Companies should also prepare for their EPR obligations. This includes identifying whether they qualify as a producer in each relevant Member State, engaging with a producer responsibility organisation (PRO) if collective compliance is preferred, and monitoring the establishment of national producer registers to ensure timely registration once operational.

Given the broad scope of the PPWR, companies should monitor the development of secondary legislation and may seek advice to develop a comprehensive compliance strategy.

This article was prepared with the assistance of Samantha Banfield and James Thompson at Latham & Watkins.

Latham & Watkins will continue to monitor developments relating to the European sustainability regulatory landscape.