PPWR | New EU packaging law now applicable: what manufacturers and retailers need to know

The new EU Packaging and Packaging Waste Regulation (PPWR) has been applicable since 12 August 2026. It introduces an entirely new packaging regime that affects all businesses manufacturing or selling packaging and packaged goods. This article explains what you need to know about the PPWR.

What does the PPWR apply to?

The PPWR (EU Regulation 2025/40) applies to all packaging and packaging waste, from ampoules to ziplock bags, regardless of whether they are empty or filled. It is also irrelevant what material the packaging is made from or whether it was manufactured in the EU or in a third country. The Regulation applies to packaging across all sectors, including industry, retail, offices, services and even private households. Consequently, the PPWR is relevant to every supply chain.

Crucially, responsibility does not rest solely with packaging manufacturers. Every economic operator involved in the supply chain may be affected, including manufacturers, suppliers, importers, distributors and fulfilment service providers. In short, the PPWR may be relevant for virtually every business.

What requirements apply to packaging?

As a general principle, the PPWR requires packaging to be designed for recyclability. The specific recyclability performance grades and further market requirements will be introduced in stages. Exemptions apply, for example, to medicinal products and sales packaging made from lightweight wood. In addition, certain substances of concern in packaging must be reduced to a minimum. PFAS limits apply to food packaging. Further requirements, such as those relating to compostability, labelling and packaging minimisation, will come into force gradually over the coming years. Member States will also be required to comply with progressively increasing waste prevention targets.
 

What obligations apply to economic operators?

The PPWR establishes graduated obligations for economic operators involved in the supply chain. Producers, for example, must carry out a conformity assessment procedure before placing packaging or a packaged product on the market. This is intended to ensure that the packaging complies with all sustainability requirements and that the applicable labelling and information obligations are met. Comparable obligations apply to importers. Retailers may only use compliant packaging. They must verify that the packaging bears a type, batch or serial number and that the details of the packaging producer are displayed either on the packaging itself or via a QR code. In the future, retailers will also need to verify whether the manufacturer is entered in the register of producers and whether the material composition has been correctly labelled.

What is extended producer responsibility?

According to the principle of extended producer responsibility, the responsibility of a producer, importer or distributor does not end when the packaging or packaged product is passed on to another party. Obligations continue even at the end of the life cycle of a packaged product or packaging. The aim is to shift the costs and responsibilities associated with packaging waste from the public to businesses.

In practical terms, extended producer responsibility means that anyone who first makes packaging available in a Member State, or who unpacks packaged products without being the end user, should also bear responsibility for the subsequent collection, sorting and recovery of that packaging. Compliance is therefore not only about whether packaging is designed in accordance with the PPWR, but also about who assumes the relevant waste management obligations and costs. In Austria, participation in the existing collection and recovery systems will, for the time being, remain the decisive factor. The PPWR partially harmonises existing national rules on extended producer responsibility and introduces a registration requirement.

Where do legal uncertainties remain?

Although the PPWR is directly applicable as an EU Regulation and therefore does not require national implementation, Austria will still need accompanying legislative measures to align its legal framework with the new EU requirements. As the Austrian legislator has not yet acted, the existing provisions of the Austrian Waste Management Act 2002 and the Austrian Packaging Ordinance 2014 (Verpackungsverordnung 2014) remain applicable, provided they are compatible with the PPWR. Accordingly, each Austrian provision must be assessed individually to determine the extent to which it complies with the EU requirements. For example, the definition of “importer” under the Austrian Waste Management Act 2002 differs from the definition used in the PPWR.

A further source of uncertainty is whether a particular item qualifies as packaging and, if so, which type of packaging it constitutes. For example, if cardboard cups are sold empty to a customer in a supermarket, they do not constitute packaging and therefore fall outside the scope of the PPWR. However, if the same cup is filled with coffee and sold by the supermarket, it becomes packaging and is subject to the PPWR.

Another unresolved issue is whether pre-licensing, meaning that licensing obligations are assumed by an upstream distribution stage, will remain possible under the PPWR regime. The Regulation does not expressly provide for this model. According to the current understanding, the existing Austrian licensing system will continue to operate for the time being. Given the considerable practical importance of this issue, the resulting legal uncertainty is highly unsatisfactory.

What comes next?

At EU level, packaging requirements will become progressively stricter over the coming years. From 2028, businesses in the HORECA sector will be required to offer reusable takeaway packaging to customers, while from February 2027 they must already accept customer-owned containers. From 2030, the placing on the market of certain single-use packaging, such as portion packs for ketchup, milk and spreads in the hospitality sector and small hotel shower gels and soaps, will be prohibited. Likewise, from 2030, and according to the current plans, empty space in certain types of packaging, such as shipping boxes, may not exceed 50% of the total packaging volume, and plastic packaging will be required to contain a minimum proportion of recycled material. Packaging labelling will also be harmonised across the EU. Furthermore, the re-use targets laid down in the PPWR will become legally binding from 2030 onwards. These measures particularly affect certain beverage, transport and grouped packaging. As many detailed implementing rules at EU level are still pending, compliance is likely to remain legally challenging for years to come.

At national level, the Austrian Waste Management Act 2002 (and the Austrian Packaging Ordinance 2014 are expected to be amended to align them with the PPWR. We expect the first draft proposals to be published later this year.

What should you do now?

Businesses should review now which packaging they use, distribute or bring into Austria and determine the role they assume under the PPWR. They should also assess whether the necessary evidence, technical documentation and declarations of conformity are already available or still need to be obtained from suppliers. Businesses involved in designing, procuring or filling packaging should take account of the forthcoming tighter requirements now. Although many obligations will only apply at a later stage, they require timely adjustments to packaging design, procurement processes and contractual arrangements.