Do you think you know what is packaging according to the PPWR? Imagine a typical day. In the morning, you make a cup of tea. Then you pop into the office with a cup of coffee. At the shop, you buy some apples, flowers and a few things for dinner. In the evening, you take out the rubbish bag. The next day at work, you organise a large consignment of goods to be sent to a customer. It seems as though you’re dealing with packaging at every turn. But can you identify which of these items constitute packaging under the new regulations?
From 12 August 2026, the answer will be far more important than before. On that date, Regulation (EU) 2025/40 on packaging and packaging waste, known as the PPWR, comes into force. This is a regulation, not a directive. It therefore does not require a Polish implementing act. Its provisions apply directly, and with them come obligations relating, amongst other things, to the EU declaration of conformity, technical documentation, identification of responsibility and compliance monitoring.
And how does this look from the perspective of the average consumer who also works for a company that sends goods to B2B clients?
10.08.2026
Firstly, it is worth clarifying one thing: packaging is quite clearly defined in the PPWR. A product may be considered packaging, regardless of the material from which it is made, if it serves to:
any product.
The PPWR therefore covers not only traditional packaging. It also includes packaging components and accessories that serve a packaging function, service packaging filled at the point of sale, selected single-use items, as well as tea and coffee bags and single-serve portions used in beverage preparation systems, which are explicitly mentioned in the regulations. When we apply this definition to everyday items, the list of packaging looks quite different from what one might expect.
Now that we know what packaging is according to the PPWR, let’s return to our morning tea. Put the tea leaves in a mug, pour water over them and wait a few minutes. For the consumer, this is simply a way of making tea. The PPWR, however, views it differently. Permeable tea or coffee bags fall within the definition of packaging. Article 3(1)(1)(f) explicitly lists them. This is a significant change from previous practice. Moreover, in accordance with Article 9, such bags must be designed to be compostable from 12 February 2028.
And whilst we’re on the subject of coffee…
Before you leave the house, you make a coffee in your favourite thermal mug. Click! And after a few seconds, the coffee is ready. You take out the capsule. It’s small but still full of coffee grounds. The PPWR also classifies single-serve coffee portions made from impermeable materials and intended for use in coffee machines as packaging (Article 3(1)(1)(g)). However, these are not destined for composting, but for material recycling. The reason is quite practical: after the coffee has been brewed, the capsule still contains coffee grounds. If it ends up in the wrong waste stream, it can therefore contaminate other waste and hinder its proper processing.
Let’s move on. You’re leaving the house and realise you’ve run out of bin liners. You pop into a shop.
The bag itself is not packaging. It is a product. But what about the plastic film in which the roll of bags is wrapped? That could be packaging, as well as the band or the cardboard box. The PPWR does not classify items solely on the basis of material. What matters most is their function. You’ve accidentally spilled coffee on your shirt. You don’t have time to go home, so you buy another shirt. A hanger is included in the pack.
If a hanger has been sold together with an item of clothing (as in the case described) and is used to display, protect or preserve it during sale, it is packaging. If you buy the same hanger separately, for use at home, then it is a product. The same item. Two different statuses and two different sets of legal requirements.
On your way home from work, you buy a potted plant from a florist. It’s just the thing as a present for a friend. This particular pot can serve as packaging. The same pot, when used by a grower during the cultivation process, is no longer packaging. So it’s not the appearance of the object alone that matters. Nor does it matter whether we can find its equivalent in a catalogue. What’s key is the actual function it serves.
And now, something that’s highly unlikely to make it onto your list of packaging options.
Wieczór zapowiada się wyjątkowo dobrze. Kupujesz kilka świeczek typu tealight do Twojego podgrzewanego imbryka. Pojemniki na świece typu tealight oraz znicze z wkładem palnym nie odpowiadają definicji opakowania z art. 3 ust. 1 pkt 1 PPWR. Nie wszystko więc, co wygląda jak pojemnik, jest opakowaniem. Pamiętaj jednak, że te świece mogą być zapakowane zbiorczo (np. w karton)!
You’re also buying apples. It goes without saying – Golden Delicious is the best for apple pie. There’s a small sticker on each apple, so you can be sure you’ve chosen the right variety. If the label is stuck directly onto the fruit and serves a purpose related to its presentation or identification, it may be considered part of the packaging. But if it were an RFID tag, it wouldn’t be considered packaging. Once again, it’s the function that matters, not simply the fact that something is attached to the product.
As you head for the exit, you pick up a takeaway coffee.
If an empty cup were sitting on a shelf in a supermarket, it would be a product that you could purchase. However, if the same cup is used in a shop’s coffee machine and a ‘takeaway’ drink is served in it, it may become service packaging (Article 3(1)(1)(d)–(e)). It is in such situations that the true nature of PPWR becomes most apparent. It is a regulation concerning the functions performed by a given item, and a function can alter the classification of that same item.
You’ll be back at the office tomorrow. A large consignment – a dozen of pallets – is due to leave the warehouse for a client. A pallet, stretch film, strapping tape, corner protectors. Can such a single, fully loaded pallet be treated as a single unit and covered by a single declaration? No. The PPWR does not provide for ‘one declaration per pallet’. Individual items may constitute separate packages and be subject to their own requirements. The entity forming the load unit must therefore ensure that the relevant declarations and information are collected from suppliers. Added to this is the obligation to retain documentation – generally for 5 years for single-use packaging and 10 years for reusable packaging.
And suddenly it turns out that the PPWR also affects procurement, warehousing, documentation, suppliers and liability. And what if someone fails to do all this?
EU Member States have until 12 February 2027 to notify the European Commission of their penalty systems. The level of penalties will therefore depend on national legislation. For example, France provides for fines of up to 100,000 euros for certain infringements. However, it is worth bearing in mind that the biggest problem may not be the penalty itself, but the lack of the required declaration of conformity or technical documentation. This could lead to problems with placing the product on the market, which occurs well before any administrative penalty is imposed.
12 August marks the start of the PPWR’s implementation, not the end of the world. Packaging already on the market does not become illegal overnight. However, it is crucial to be able to document when it was placed on the market. Every new batch must now comply with the requirements of the regulation and be accompanied by the appropriate documentation.
The first step should be to organise the information within your company’s system. It is worth treating products and their packaging as two separate categories. Here, an understanding of what constitutes packaging under the PPWR is crucial. Next, it is a good idea to take a close look at all the packaging used within the company – from plastic film and cardboard boxes, through to pallets and big bags, right down to strapping tape. It is worth asking your suppliers for PPWR declarations of conformity and checking that the documentation is complete.
It is equally important to establish who, within a specific sales model, is responsible for the declaration of conformity, and who is responsible for the producer’s obligations regarding the Packaging and Packaging Waste Act (PPWR) and the associated fees. This does not always have to be the same entity, and the correct allocation of responsibility can have direct business implications.
It is also worth planning an assessment of the recyclability of packaging now. From 2027, EPR charges are to take eco-modulation into account, and from 2030, the A–C recyclability classification will come into force.
Silk Road Certification supports companies in identifying the type of sale, their role in the supply chain and packaging components. We help determine who is the manufacturer drawing up the declaration of conformity, and who is the ‘manufacturer’ under the ROP responsible for fees. As a result, the certification serves as valuable evidence supporting the declaration of conformity (DoC). That is why we do not start with a form template, but with the supporting documents on which the Declaration of Conformity should be based.
Consequently, the scope of our support may cover both confirming the compliance of materials with requirements relating to substances – such as REACH, SVHC, POP or RoHS – and environmental product declarations (EPDs).
In the case of rigid plastics, the RecyClass Recycling Process (which confirms that the recycling process at the supplier’s premises is monitored)and RecyClass Recycled Plastics Traceability (certification of the traceability of recycled materials) are of particular importance, as is our proprietary EN 15343 Certification Programme, which is also accredited by the PCA.
A separate area concerns the recyclability of plastic packaging. Here, RecyClass Recyclability enables the recyclability of individual materials and packaging components to be assessed according to classes A/B/C. The methodology comprises three pathways:
| Please note: The PPWR is not simply about holding a certificate; it is about ensuring that claims regarding materials, recycled content or recyclability are backed up by reliable, verifiable evidence. |
Would you like to find out more? Are you still unsure what is packaging according to the PPWR? Do you need assistance? Please get in touch with us!
The above article is general information, not legal advice.
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Choosing a recyclate certificate is not merely a matter of choosing a specific logo. It is a choice of the markets in which a given certification will be recognized. In some markets, certification translates directly into business benefits, while in others its value may be limited or even nonexistent. A good example is Spain, where EN 15343 certification is already required. It must be issued by a certification body accredited in accordance with ISO 17065. In France, starting in January 2026, recycled material certification that takes into account the Annex Eco Modulation will be required. The United Kingdom, on the other hand, is moving toward mandatory ISCC PLUS certification, scheduled to take effect in April 2027. Germany and the Netherlands currently do not impose a formal requirement for recycled material certification. At the same time, ROP systems may offer incentives for recycled material whose origin and composition have been properly documented. In the U.S. and Asian markets, however, GRS plays a significant role. The decision to choose a certification scheme is a business decision that impacts opportunities for expansion and growth.
→ READ MOREFrom 12 August 2026, every item of packaging placed on the EU market must have a Declaration of Conformity (DoC) and technical documentation compliant with Regulation (EU) 2025/40 (PPWR). In our audit practice, however, we see companies start with a declaration template and only then ask: for exactly which packaging, in which sales stream, and who should actually sign it? That is the wrong order. The foundation of PPWR compliance is traceability: an unambiguous link between each packaging batch and its manufacturer, its material composition, its test evidence and – something often overlooked – the sales model in which the packaging reaches the market.
→ READ MOREIf you are familiar with the REACH Regulation, you have probably come across the term ‘Only Representative’. This is an entity within the EU that assumes the registration obligations of a manufacturer based outside the EU. The mechanism is simple: a manufacturer from China, the US or Japan cannot register a substance with ECHA on its own, so it appoints a European intermediary to do so on its behalf. The PPWR introduces a similar mechanism for packaging. There is, however, a catch: under the PPWR, there are two types of Authorised Representatives. The first type of Authorised Representative operates under Article 17 of the PPWR. This is an entity appointed by a non-EU manufacturer, which may draw up a Declaration of Conformity (DoC) on the manufacturer’s behalf, maintain the technical documentation and act as the point of contact for market surveillance authorities. The second type of Authorised Representative under the PPWR has a completely different role. Article 45 of the PPWR concerns Extended Producer Responsibility (EPR) and imposes an obligation to appoint an Authorised Representative in each Member State where the packaging is first supplied directly to the end-user.
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