Packaging and Packaging Waste Regulation (PPWR)

The PPWR leaves open the question of what constitutes packaging material and how such material becomes packaging. For the practitioner, however, this is the decisive point in correctly applying the Regulation. We help you maintain a clear overview.

There are, among others, sales packaging, grouped packaging, transport packaging, and service packaging. How packaging comes into existence within the meaning of the PPWR is not always the same for each type of packaging. We will tell you what you need to pay attention to so that you do not take a wrong turn at this juncture.

A company can only understand its obligations under the PPWR once it has clearly determined its role as an economic operator within the packaging supply chain. This step is not only the starting point of the analysis but, above all, requires a thorough examination of the company's own packaging processes. It is our job to make sure you get off to the right start on this point.

While these terms may sound interchangeable in everyday language, under the PPWR they carry entirely distinct legal meanings with very different sets of obligations. Only those who can clearly distinguish between these roles will be able to make meaningful progress in this area.

This question has sparked a full-blown dispute with no clear resolution in sight. At its core, the issue concerns responsibility within the packaging supply chain. A thorough legal analysis of the packaging manufacturing process will help you understand your own role.

Time and again, parties consider shifting their own responsibility within the packaging supply chain. However, the limits on doing so are very narrow. Those who draw the wrong conclusions here find themselves on very thin legal ice.

Although the EU may only impose packaging regulations for the EU internal market, many companies from countries outside the EU are affected by the PPWR. It is therefore important that these countries are properly involved in the implementation of the PPWR.

It is unclear when the import scenario is triggered for packaging and when a company in the EU must fulfill its obligations as an importer. The key is to take the right steps at the right time.

EU law imposes numerous labeling requirements for packaging and products. In some cases, the same information is required under different statutes. The challenge is not only to maintain a comprehensive overview but also to ensure that the specific requirements of each individual statute are implemented in full compliance with the law.

Particularly in cross-border situations, companies may engage third parties to assist them in fulfilling their PPWR obligations in other Member States. It is important to be aware of these options and to make effective use of them.

Anyone who modifies packaging must anticipate that a new legal framework may apply as of the time of the intervention. In such cases, it is important to remain level-headed and to properly assess the situation.

The PPWR does not provide for a transitional period. It is therefore important to determine whether a company may continue to sell goods held in storage.

The risks extend beyond the monetary fines that may be imposed for violations. The situation becomes particularly critical when distribution bans are threatened. It is therefore essential for all economic operators to be aware of the potential legal consequences and to properly assess the resulting risks.