The European Commission’s Directorate-General for Environment (DG ENV) has published the second edition of its Frequently Asked Questions document for Regulation (EU) 2025/40 (PPWR). The updated document, dated August 2026, expands significantly on the first edition published in March 2026, adding over 20 new or updated questions across the Regulation’s twenty chapters. Changes relative to the first edition are marked throughout the document as “NEW” or “UPDATED”, making it easy for readers to identify what has changed. It arrives less than two weeks before the general application date of 12 August 2026.
TABLE OF CONTENTS
Definitions: Manufacturer, Producer and Packaging
The FAQ adds new questions clarifying who qualifies as the “manufacturer” of transport packaging. The general rule is that the manufacturer is identified at the stage where the empty packaging has reached its final form. For unbranded packaging, this is typically the company that physically manufactures it, while for branded packaging, it is the company whose name or trademark appears on it. Where a packaging bears both a company name and a separate trademark, a case-by-case assessment is necessary based on the contractual agreement between the two parties.
The FAQ also adds practical scenarios illustrating who qualifies as the “producer” for EPR purposes. For example, when unbranded boxes are sold within the same Member State versus cross-border. Additionally, it confirms that envelopes containing letters or invoices are not considered packaging, since correspondence documents are not “products” under Article 3(1).
Substances of Concern and PFAS
On demonstrating compliance with Article 5(1), the Commission points to Annex C of EN 13428:2004 as a reference, while noting in an updated answer that the standard can no longer create a presumption of conformity with the PPWR’s expanded requirements. It can be used until an updated harmonized standard becomes available. For the heavy metals limit (100 mg/kg for the sum of lead, cadmium, mercury and hexavalent chromium), a new answer specifies CEN report CR 13695-1/2000 as the recommended verification method.
The FAQ reiterates that the PFAS restrictions cover both intentionally added and unintentionally present PFAS and that preliminary laboratory analyses indicate only packaging with intentionally added PFAS would exceed the limit values in practice.
Manufacturer and Importer Obligations
Several new questions address transitional concerns. Packaging already produced before 12 August 2026 but not yet placed on the market does not need to be destroyed, remanufactured or re-labelled. The required information under Articles 15(5) and 15(6) – unique identification and manufacturer details – may be provided via an accompanying document for such stock.
On traceability, the FAQ clarifies that Article 15(5) does not require every individual unit to be marked. Batch numbers or equivalent means are sufficient and standard items such as adhesive tapes or generic bags are traceable at the batch level. Where a supplier no longer exists or refuses to provide documentation, the manufacturer must make best efforts to obtain or reconstruct the necessary information.
For importers, a new dedicated question specifies that they must ensure the third-country manufacturer has completed the conformity assessment and drawn up the Declaration of Conformity. Packaging transiting the EU without being declared for free circulation does not need to comply with the PPWR. Manufacturers may delegate the conformity assessment to a laboratory or certification scheme, but the obligation to draw up the technical documentation cannot be delegated.
Enforcement after 12 August 2026
The most significant addition concerns enforcement. The FAQ states that products will not be banned from the EU market if their packaging is non-compliant from 12 August 2026. Under Article 62, market surveillance authorities must first require the economic operator to end the non-compliance and provide an opportunity for corrective action. Only where non-compliance persists may Member States take further measures such as prohibiting or withdrawing packaging.
The Commission explicitly encourages authorities to support operators through awareness-raising and reasonable timelines for adaptation, rather than following a sanctions-oriented approach.
Other Updates
The recycled content chapter includes an updated decision table for determining which targets apply based on whether packaging is contact-sensitive and what polymer it is made of. The 5 % weight exemption for plastic parts is further clarified: a plastic label on a glass bottle is exempt only if it accounts for less than 5 % of the total packaging unit weight.
On recyclability, the FAQ confirms that exemptions for cork, lightweight wood, textile and similar materials under Article 6(11) apply only to the recyclability assessment for market access. EPR fee modulation still applies. The Declaration of Conformity must be drafted in the language(s) required by each Member State where the packaging is placed on the market.
Conclusion
With the general application date confirmed at 12 August 2026, the immediate priorities for packaging manufacturers are clear: the Declaration of Conformity and technical documentation must be prepared for all packaging placed on the market from that date, PFAS limits must be met for food-contact packaging, the heavy metals limit must be documented and packaging must bear a unique identification or be accompanied by a document providing it. The Commission’s warning-first enforcement approach offers some reassurance in the initial period, but does not remove the obligation to comply.
The full FAQ document (ISBN 978-92-68-42316-5) is available through the Publications Office of the European Union.
