EU Packaging Regulation Imposes New Product Compliance Duties

The EU's Packaging and Packaging Waste Regulation (PPWR) became generally applicable on August 12, 2026, fundamentally changing compliance for any business shipping packaged goods to the European Union. The framework treats packaging as an integral part of the product, subject to a comprehensive compliance regime, rather than just a post-sale waste concern. Key obligations are already active, including strict limits on PFAS and heavy metals in packaging and a new requirement for manufacturers to conduct conformity assessments, prepare detailed technical documentation, and issue an EU Declaration of Conformity. Importers are now responsible for verifying these steps, while Extended Producer Responsibility (EPR) obligations continue to be managed at the Member State level. Companies should immediately assess all packaging formats and supply chains for EU sales. They must gather data from suppliers to support conformity documents and confirm that importers and distributors are fulfilling their verification roles. Commercial agreements should be reviewed and updated to clearly allocate PPWR responsibilities, costs, and liabilities. Counsel should also monitor for forthcoming EU implementing acts and national legislation that will phase in stricter rules on recyclability, recycled content, and reuse targets between 2028 and 2030.