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PPWR in force: applicable rules and practical clarifications

 

The Regulation on packaging and packaging waste (PPWR) has been in force across the entire European Union since 12 August 2026. Below you'll find which PPWR rules already apply to you today as a manufacturer or producer. The European Commission has also clarified a number of principles. We've listed the 3 most important clarifications, including on your existing stock and on enforcement.

New packaging rules off the starting blocks: what must already be in order?
 

  1. As a manufacturer, you must:
  • Keep the presence of substances of concern in packaging to a minimum. This includes PFAS in food packaging and heavy metals. (see  PPWR – article 5)  
  • Have a conformity assessment and declaration per packaging type, plus technical documentation, as proof of your PPWR compliance. In 2026, you only need to demonstrate conformity regarding substances of concern. (see PPWR – article 15 and article 18)  
  • Put a unique identifier and your name and address on all packaging. (see PPWR – article 15 paragraphs 6 and 7)  
     
  1. For producers:  
  • You must register with the Belgian producer register. Are you a Fost Plus member? Then we arrange this for you. Registration is also mandatory for non-Belgian companies without a Belgian establishment that place products on the Belgian market. They must mandate an authorised representative to do so. Do you operate as a producer solely through online platforms? In many cases, that registration then happens through the platform.
  • The definition of "producer" is changing, but this change is mainly relevant for industrial packaging.
  • Coffee and tea bags are now also considered packaging.

3 clarifications in the new FAQ

Just before 12 August 2026, the European Commission published a new version of the frequently asked questions on the PPWR. Below are the 3 most important clarifications:

  1. What about your existing stock?
  • Existing stock gets some breathing room: packaging that was not yet on the market before 12 August 2026 does not need to be destroyed, remade or relabelled. If your packaging does not yet carry a unique identifier and manufacturer information, you include this in an accompanying document.
  • dentification and manufacturer information not feasible? Does the size or nature of the packaging not allow for manufacturer information and a unique identifier to be placed on it? Then, too, you include that information in an accompanying document. This is assessed case by case.
     
  1. Brand owner or maker/filler: who is the manufacturer?
  • Does the packaging carry a name or brand? Then the brand or name owner is the manufacturer, even if another party makes or fills the packaging. That's because it's the brand owner who decides what the packaging looks like. For packaging without a name or brand, the manufacturer is the company that produces the packaging.
  • Does a packaging carry multiple names and brands, as with a private label or licence? The same rule applies: whoever decides on the design is the manufacturer. For example: does a brand owner impose an identical packaging design worldwide? Then they are the manufacturer, even if they don't produce it themselves. A licensor with no say in the design is not a manufacturer.

Good to know: the definition of manufacturer can have an impact on who the producer is.
 

  1. Enforcement: a warning first  

The entry into force of the PPWR rules must not disrupt trade, supply chains or market access. That's what the European Commission states in the FAQ.

Is a piece of packaging not yet in order? You'll first receive a warning and the chance to take action. If you don't adapt the packaging, the Belgian supervisory authority can then take measures, such as banning, recalling or withdrawing it from the market.

Do note: the European Commission leaves the concrete approach to the member states. In principle, the supervisory authority will warn you first and not immediately penalise you. But it remains to be seen how it will handle this in practice.

Fost Plus is tracking the PPWR closely for you


The new FAQ document answered a good number of practical questions. 2 things to bear in mind:

  1. The answers are an interpretation by the European Commission and are not binding. They therefore do not change the text of the PPWR Regulation itself.
     
  2. Some key definitions remain open to interpretation. Such as the definitions of manufacturer and producer for industrial packaging, and the EPR obligations of online platform customers.

Fost Plus is closely tracking the Commission's further guidance and will keep you informed.