• Food companies are likely to be significantly impacted by the European Union’s Packaging and Packaging Waste Regulation (PPWR). The regulation is scheduled to apply from August 12, 2026 (although more time will be given for certain provisions). Notably, where the food packaging or packaged food product is designed or manufactured under the name or trademark of the food company, the food company will typically be considered the “manufacturer” of the packaging/the packaged food product for the purposes of the PPWR. 
  • The PPWR states that manufacturers shall only place packaging on the EU market if it is in conformity with the requirements laid down pursuant to Articles 5 to 12 of the PPWR. This includes requirements with respect to substances of concern in packaging, recyclable packaging, minimum recycled content in plastic packaging, requirements that certain packaging be compostable, that packaging be minimized, that packaging meet certain requirements to be considered reusable, as well as labeling requirements. Exemptions exist from some of these requirements.
  • By August 12, 2026, “manufacturers” are also required to draw up an EU Declaration of Conformity (DoC) and must keep technical documentation on file supporting the DoC, having first carried out a “conformity assessment procedure.” The manufacturer must keep the DoC and technical documentation for 5 years in the case of single-use packaging and 10 years in the case of repeated use packaging from the date that the packaging was placed on the EU market.
  • If the food company is the manufacturer of the packaging for the purposes of the PPWR, the actual manufacturer of the packaging will be considered the “supplier” of the packaging or packaging materials. The supplier must provide the food company with all the information and documentation necessary to demonstrate conformity of the packaging and packaging materials with the PPWR.
  • The food company may also have extended producer responsibility (EPR) obligations under the PPWR, but this would need to be assessed on a case-by-case basis. Specifically, the “Producer” (which may be either the manufacturer, importer, or distributor) will have EPR obligations under the PPWR for packaging, including packaging of packaged products, that they make available for the first time on the territory of an EU Member State or that they unpack without being end users.
  • The PPWR also sets other requirements, such as reuse targets for different types of packaging, including transport packaging (which must be met by the economic operators using the packaging), deposit and return schemes, and even requirements regarding green claims for packaging.
  • Please contact the experts at Keller and Heckman if you have any questions regarding the EU’s PPWR Regulation. Our colleagues in the Brussels office would be happy to assist.