The Packaging and Packaging Waste Regulation (PPWR) comes into effect

The Packaging and Packaging Waste Regulation (PPWR) sets out sustainability and labelling requirements for packaging throughout its lifecycle to prevent unnecessary packaging waste, harmonise national measures, and contribute to the circular economy and EU climate goals.

PPWR affects a broad range of packaging, including transport packaging. From 12 August, importers and manufacturers must not place packaging on the market that does not comply with the new sustainability requirements. The manufacturer must conduct a conformity assessment by compiling technical information for the packaging, and then sign a formal Declaration of Conformity (DoC) confirming that the packaging meets the requirements.

Key sustainability requirements for packaging applicable from Wednesday 12 August are:

A prohibition on placing food-contact packaging containing per-and polyfluoroalkyl substances (PFAS) above specific concentration thresholds on the market
A combined cap of 100 mg/kg for lead, cadmium, mercury, and hexavalent chromium (heavy metals) within packaging

What does this mean for BIFA members?

BIFA members may be asked about PPWR by their customers.

If a BIFA member is asked about PPWR by a customer exporting to the EU, BIFA members can advise their customer to contact their own packaging suppliers to confirm that their packaging is compliant, and request that a conformity assessment is to be completed by the manufacturer.

The manufacturer is responsible for the conformity assessment. Normally, the manufacturer will be the legal or natural person who creates the packaging.

What is defined as a manufacturer?

PPWR does have a broader definition of the term ‘manufacturer’ that includes a business that designs packaging under their own name or trademark. BIFA members should be aware that they could fall under the definition of manufacturer when using branded packaging (including transport packaging).

Manufacturers are responsible for:

Undertaking the conformity assessment, ensuring that packaging placed on the market meets the sustainability requirements
Maintaining the technical documentation for the relevant time period: 5 years for single-use and 10 years for reusable packaging
Providing on the packaging, or using a QR code, their registered trade name or registered trademark, their postal address, and an electronic means of communication such as an email address

What should BIFA members do now?

BIFA members should speak to their packaging suppliers and confirm whether any of the packaging used in their operations could make them the manufacturer.

When using unbranded packaging, the BIFA member should not be considered as the manufacturer. However, BIFA members may wish to speak to their packaging supplier and request the supplier documentation i.e., the DoC and accompanying technical information.

This is because the customer may need the transport packaging information, to demonstrate their compliance to the market surveillance authorities. BIFA members can then provide this information to their customers; facilitating smooth commercial operations.

Enforcement

The EU Commission has acknowledged the need for a pragmatic transition period. Within their FAQs documentation they have stated that enforcement from 12 August 2026 “should not disrupt trade flows, supply chains, or consumer access to goods.”

An economic operator that is non-compliant will first receive a warning from the relevant Member State about non-compliance and be provided with an opportunity to take corrective action. The market surveillance authorities should assist economic operators in complying with the new rules, help raise awareness, and allow reasonable timelines for adaptation.

EU guidance and secondary legislation are still evolving on this topic and BIFA will monitor and keep members informed.