16 December 2025 – The European Commission has published a draft guidance document interpreting selected provisions of the Packaging and Packaging Waste Regulation (PPWR). The purpose of the guidance is to address uncertainties related to definitions, methodologies and application dates, and to support a uniform implementation across the EU. The document reflects the Commission’s current interpretation but is not legally binding.
Key clarifications are stated as follows:
Definition of “packaging”
The Guidance reiterates that whether an item qualifies as packaging must always be assessed against the legal definition set out in the PPWR. Annex I serves as an indicative list only and does not replace the definition itself. The decisive criterion is the functional use of the item, in particular its role in the containment, protection, handling, delivery or presentation of products.
Distinction between “manufacturer” and “producer”
The document clearly differentiates between the roles of manufacturer and producer and their respective obligations. A detailed decision tree (page 8) explains how to identify the producer responsible for extended producer responsibility (EPR), depending on the type of packaging, the structure of the supply chain and the Member State in which the packaging becomes waste.
PFAS ban in food contact packaging
The Guidance confirms that the PFAS restrictions for food contact packaging will apply from 12 August 2026, with no transitional period. It recommends a stepwise testing approach for enforcement, starting with total fluorine measurement, followed by confirmatory analysis and targeted PFAS testing where necessary.
Recyclability and the Declaration of Conformity
Manufacturers are not required to confirm the recyclability of packaging in the Declaration of Conformity until the relevant delegated acts on design-for-recycling and the associated assessment methodology enter into force. Until that time, existing PPWD-related standards may continue to be used as guidance.
Packaging minimisation and the role of standards
The Guidance clarifies that marketing considerations and consumer acceptance cannot, on their own, justify additional packaging weight or volume. Harmonised standards are expected to play a central role in demonstrating compliance with minimisation requirements and will create a presumption of conformity once adopted.
Sorting instructions under PPWR versus national labels
Packaging labelling under Article 12 PPWR is fully harmonised at EU level. After the applicable transition period, national sorting labels may no longer coexist with EU harmonised labels, with the exception of deposit and return systems.
Definition of “sales packaging used for transporting products”
The document clarifies the scope of packaging formats that may qualify both as sales and transport packaging. Whether reuse obligations apply depends primarily on the nature of the filled product and on whether reuse is technically feasible and environmentally justified.
The draft guidance provides important practical orientation for economic operators preparing for the implementation of the PPWR and the upcoming delegated acts. We continue to monitor developments closely and will keep you informed of further updates.
Conclusion
The draft PPWR guidance underlines that recyclability and the effective use of recycled materials will be core pillars of the future EU packaging framework. Beyond formal compliance, the ability of packaging to be recycled at scale and to incorporate recycled content will be decisive for meeting regulatory requirements, ensuring market access and supporting a functioning circular economy.
Companies are therefore well advised to address recyclability and recycled content early in the packaging design process and to align their packaging strategies with upcoming design-for-recycling criteria and recycled content obligations.
How EKO-PUNKT can support you
EKO-PUNKT supports companies in the practical implementation of PPWR requirements. In addition to system participation in Germany (packaging licensing), our services include testing the recyclability of packaging, advising on design for recycling, clarifying EPR roles and obligations, including international execution, and providing support with documentation and preparation for the upcoming delegated acts.
If you would like to review your current packaging portfolio or prepare for the future PPWR requirements at an early stage, our experts are at your disposal.
Get advice now and get in touch with us
Autor
EKO-PUNKT GmbH & Co. KG
Vanessa Herzog
Waltherstr. 49-51
51069 Köln
T +49 221 964897-62
M +49 160 6184350
vanessa.herzog@eko-punkt.de
Source: Draft version of PPWR Guidance
Image credit: AI-generated with DALL·E via ChatGPT (OpenAI)
