PPWR from August 12: practical questions ahead of the deadline

In our PPWR webinar "PPWR from August 12: Tips on how companies can best prepare" with Cedric Schalich and Moritz Schafft, we received numerous questions. We have summarized the most important answers for you in this article.

You can find the webinar recording here.

What actually counts as packaging?

If a product is placed on the market in a storage box, for example hearing protection under the PPE Regulation, how should this be treated from a PPWR perspective?

If the box primarily serves transport protection and is disposed of after unpacking, it counts as packaging. If it is a durable box that remains with the user for storage, this points more against classifying it as packaging: Annex I explicitly lists toolboxes as non-packaging, and the Commission clarifies that items that are necessary for the intended use and do not merely serve protection are not packaging.

Annex I is only indicative, so you should always check the definition itself and document your assessment for each box type.

Legal basis: Art. 3(1) No. 1(a); Annex I Section A No. 2; EU Commission guidance of March 30, 2026, Section 1

Roles in the supply chain

What obligations do we have as a pure distributor (we buy product in the EU and resell it exactly as is, without refilling, relabeling, or changing the packaging)?

Your obligations under Art. 19: Before making the product available, verify that the EPR-obligated manufacturer is registered, that it is labeled according to Art. 12, and that the producer or importer has fulfilled Art. 15(5) and (6). Do not make it available if you have doubts. Storage and transport must not compromise conformity. Provide documentation to which you have access upon request.

Legal basis: Art. 3(1) No. 15(b), No. 18; Art. 19(1) to (6); Art. 21; Art. 22; Art. 44

Similar question: we are a product manufacturer in a pure B2B business. We package our products with film and cardboard for transport. We assemble the products at the customer's site and generally take the packaging materials back with us or arrange for their disposal. What do we need to do for the PPWR?

First, an important point: Taking the packaging back does NOT exempt you from PPWR obligations, but it can influence how you fulfill your EPR requirements.

Conformity: if you use standard film and standard cardboard without your brand, your suppliers are the producers; you request their documentation (Art. 16(1)) and fulfill the distributor obligations. If it is manufactured to your specification or you assemble it into a unit yourself, you are the producer, with technical documentation, DoC, and labeling.

EPR: check Art. 3(1) No. 15(e); whoever unpacks packaged products without being the end user is a manufacturer. Since you assemble at the customer's site, this catch-all rule may apply: registration and quantity reporting, simplified under 10 tonnes. Taking the packaging back can be organized as an individual EPR fulfillment scheme (Art. 44(10)).

From 2030, as a filler you will also be subject to Art. 24 (empty space) and Art. 29; check whether the exemption under Art. 29(4)(b) applies to you.

Legal basis: Art. 3(1) No. 15(a), (c), (d), (e); Art. 16(1); Art. 19; Art. 24; Art. 29(1), (3), (4); Art. 44(2), (7), (8), (10); Art. 45(1), (3)

Data from the supply chain

How should I handle small suppliers with 10 employees or fewer? In my case, this is a small sawmill that supplies us with boards, which we use to stabilize our product packaging.

The supplier's size does not exempt them: Art. 16(1) applies without a threshold, so even a sawmill with under 10 employees must supply the information.In practice: a standardized supplier declaration with material information (wood corresponds to Annex II Category 20) and confirmation of Art. 5(4) (heavy metal sum under 100 mg/kg). Art. 15(2) allows you to conduct your own assessment, but the burden of proof still lies with you.

Legal basis: Art. 16(1); Art. 3(1) No. 13(b); Art. 15(2), (10), (12); Art. 5(4); Annex II Category 20

Declaration of Conformity & Technical Documentation

We use cardboard boxes from a supplier in various sizes, made to our specifications. We are the manufacturer here. May I combine the declarations of conformity for all cardboard boxes from one supplier with the same data, information, and materials under the PPWR into a single declaration?

Yes, for a group that is identical in all conformity-relevant characteristics: material and construction, printing and adhesives, substance assessment, applied standards. Differences only in dimensions are harmless.

However, listing the covered items or formats in the DoC is mandatory. Annex VII Module A No. 4 requires that it be clear which packaging the declaration was issued for.

Terminology correction: you wrote "manufacturer," but what is meant is the PRODUCER.

Legal basis: Art. 3(1) No. 13, 15; Art. 15(2), (4); Art. 16(1); Art. 39(2); Annex VII Module A No. 4; Annex VIII No. 4

Can I also create one DoC for all packaging and only exclude the few that are not compliant?

No.
What works: Group DoCs per packaging type with a positive list of articles. This significantly reduces the number of DoCs without violating the identification requirement.

Legal basis: Art. 4(1); Art. 15(1), (8); Annex VII, Module A, No. 2, 4; Annex VIII, No. 1, 4

Who must sign the DoC? We create the declarations centrally for our corporate group and do not want to go to the CEOs for every single declaration. Can, for example, the Head of Quality Management sign on behalf of the company?

Yes. Annex VIII only requires signing "for and on behalf of," with the name and function stated; a signature from management or the board is NOT required.

Legal basis: Annex VIII No. 2 and signature block; Art. 39(2), (4); Art. 17(1), (2)

Can I already issue the DoC if I don't yet have all the declarations of conformity from all packaging suppliers?

Formally possible, practically risky, but the right approach if done in a graduated way.

Formally: Art. 15(2) obligates YOU to conduct the assessment; supplier declarations are not a precondition. By issuing it, you assume the responsibility (Art. 39(4)).

Risky: Annex VII Module A No. 2 requires a robust assessment including a risk analysis. Without a data basis, you are declaring something you cannot substantiate.

Legal basis: Art. 15(1), (2), (8); Art. 16(1); Art. 39(2), (4), (5); Annex VII Module A No. 1, 2

Labeling from August 12, 2026

If we affix a batch number to the finished packaging unit (e.g., cardboard box) to fulfill the labeling requirement, how can we then trace the number and type of packaging components contained (e.g., bags or cable ties) if these can vary depending on the packing process?

Art. 15(5) leaves the form open; a type, batch, or serial number OR another identifying marker is required.

Recommended: define fixed packaging variants. One identifier and one DoC per variant. The identifier then clearly refers to a fixed bill of materials for the components that is kept on file.

Legal basis: Art. 15(3), (5), (10); Art. 22; Annex VII Module A No. 4; Annex VIII No. 1, 4

Could you please explain the labeling requirement again? What exactly needs to be on the label? Is a finished product number sufficient if it leads to the packaging used upon inspection? Is it sufficient if the outer packaging used, such as cardboard, film, strapping tape, etc., is kept on file internally? And regarding the contact information on the label: is a general email address sufficient? Thank you in advance!

Art. 15(5), identification marker: a finished product number is sufficient IF it clearly leads to exactly one packaging configuration. As soon as the same number can cover different packaging depending on the plant or supplier, the identification function is not fulfilled. The components may be kept on file internally; the regulation does not require a listing on the label.

Art. 15(6), producer information: name or trademark plus postal address that designates a central point of contact. A general email address is permissible and, in practice, preferable.

Legal basis: Art. 15(5), (6), (7), (10); Art. 12(1)

Regarding Art. 15(5): our packaging unit consists of a pallet, cardboard boxes (printed with our logo, address details, etc.), and stretch film. Do I still need to attach an additional sticker (e.g., with a QR code) because a batch number is required? The packaging unit can still be traced back to us. Also, how is the batch number then determined?

These are two separate obligations; your existing print only fulfills one of them.

You already fulfill Art. 15(6): your name and postal address are on the cardboard box, provided the address designates a central point of contact.

Art. 15(5) is NOT fulfilled by this. A QR code sticker is not required, however: Art. 15(5) does not mention QR codes at all and allows the information to be provided in accompanying documents depending on the size or type of packaging. Practical options include an item number that is printed anyway, used as "another identifying marker," or providing the information on the delivery note.

Legal basis: Art. 15(4), (5), (6), (7); Art. 12(1), (2); Annex VIII No. 1, 4

Who receives which documents?

Am I obligated to make the DoC / technical documentation available to customers who purchase products packaged by us?

There is no PPWR obligation to hand these over to customers. The submission obligations are directed at authorities: Art. 15(10) and Annex VII Module A No. 4. Art. 16(1) runs in the opposite direction; suppliers provide information to the producer, not the other way around.

However: if your customer is an IMPORTER, they must, under Art. 18(7), keep a copy of the DoC themselves and be able to present the technical documentation. They cannot fulfill this obligation without your documents. If they are a distributor, they need at least the information under Art. 19(2).

Legal basis: Art. 15(10); Art. 16(1); Art. 18(2), (7); Art. 19(2), (4); Annex VII Module A No. 4

EPR & registration abroad

In which EU countries should one urgently register for EPR?

There is no generic country list; the obligation follows your supply structure. Registration is required in every member state where you first make the product available (Art. 44(2)); without registration, a prohibition on making the product available applies (Art. 44(4)).Important: the planned suspension of the authorized representative requirement for EU companies has (so far) not been implemented.

Legal basis: Art. 3(1) No. 15, 23; Art. 44(2), (4); Art. 45(3)

Can a German company register in, for example, the Spanish EPR system and file the report without an authorized representative?

It depends on your role:

If you supply DIRECTLY to Spanish end customers, including commercial ones, you are a manufacturer under Art. 3(1) No. 15(c) or (d). In that case, Art. 45(3) is mandatory: you MUST appoint an authorized representative for extended producer responsibility. Self-registration without an authorized representative is not sufficient.

If you supply a Spanish distributor or sales company that first makes the product available there, that company is the manufacturer in Spain, and you have no registration obligation there.

Legal basis: Art. 3(1) No. 15(c), (d), 23; Art. 44(2), (4); Art. 45(3); RD 1055/2022 (ES)

Does the information shared on slides 14 through 17 (compliance scheme participation, etc.) apply only to Germany? What is the situation in other EU member states?

Correct; compliance scheme participation and dual systems are German law, not the PPWR.

In every member state, the following applies: registration where you first make the product available; an annual report due by June 1 for the previous year; financial contributions. What differs is the register and portal, the scope for B2B transport packaging, fee models, deadlines, and audit obligations.

Important: the implementing act to harmonize the registers (Art. 44(14)) is still pending; under Art. 44(1), the harmonized PPWR registers will only come into existence 18 months after that. Until then, the existing national systems remain binding, in Germany that's LUCID at the ZSVR. From August 12, 2026, this will be complemented by the German Packaging Act (VerpackDG).

Substances & PFAS

PFAS restrictions only apply to food packaging, correct?

Correct.

Legal basis: Art. 5(1), (4), (5), (6); Annex VII Module A No. 2; EU Commission guidance, Section 5

Deadlines & Timing

Can I only create the first declaration of conformity for product A once my customer asks for it, for example in October, even though I already placed product A on the market at the end of August? Or do I need to be able to prove that everything was in place continuously from August 12, including the DoC?

No, you must be able to prove continuous coverage from August 12, 2026 onward.

Art. 15(2) is unambiguous: BEFORE producers place packaging on the market, they carry out the conformity assessment and prepare the technical documentation; only after that is the DoC issued. Art. 15(3) calculates the retention period from the day the product is placed on the market, which presupposes that the documents already exist at that point. And Annex VIII requires the place and date of issue: an October date for an August delivery documents the violation itself.

The customer's inquiry is legally irrelevant; the trigger is solely the act of placing the product on the market. The 10-day deadline in Art. 15(10) is a submission deadline, not a creation deadline.

So prioritize based on the actual date the product was placed on the market, not based on customer inquiries.

Legal basis: Art. 4(1); Art. 15(1), (2), (3), (10); Art. 38; Annex VII Module A; Annex VIII