PPWR & VerpackDG: New EU Obligations From Aug 12, 2026

European packaging law is undergoing its most fundamental overhaul in over three decades. Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) has applied directly across all European Union member states since 12 August 2026[1]. The PPWR formally entered into force on 11 February 2025, completely replacing the previous European Packaging Directive 94/62/EC. Because the PPWR is an EU regulation rather than a directive, it applies directly without requiring transposition into German national law: its substantive requirements bind economic operators in Germany with zero transition buffer.

Packaging law has transformed from an end-of-life waste framework into an expansive product regulation governing the entire packaging lifecycle. For corporate leadership and operational compliance departments, the regulatory expectations are immediate and binding.

Companies cannot rely on administrative discretion or informal enforcement delays. Material testing, supplier declarations, and verification chains must comply with current law from the first day of application.

In Germany, 12 August 2026 marked a definitive regulatory milestone. The previous Packaging Act (Verpackungsgesetz, VerpackG) expired at the end of 11 August 2026. Taking its place on 12 August 2026 is the Packaging Law Implementation Act (Verpackungsrecht-Durchführungsgesetz, VerpackDG).

The VerpackDG serves as the national execution statute. It establishes the competencies of supervisory authorities, registration procedures with the Central Packaging Register (Zentrale Stelle Verpackungsregister, ZSVR), and the national penalty catalogue.

For managing directors, operational ambiguity creates direct exposure under § 130 OWiG. Businesses that fail to align their administrative procedures and technical files immediately face formal objections, sales bans, and significant fines.

Mandatory material bans and substance concentration thresholds took effect immediately on 12 August 2026. These restrictions directly affect product engineering, packaging procurement, and upstream supplier validation.

Under Article 5(5) of Regulation (EU) 2025/40, food-contact packaging containing per- and polyfluoroalkyl substances (PFAS) at or above statutory concentration limits can no longer be placed on the European market. This restriction applies specifically to food contact and primarily impacts grease- and water-repellent coatings on paper, board, and composite packaging. Concurrently, all packaging types must satisfy a combined heavy metal limit: the total concentration of lead, cadmium, mercury, and hexavalent chromium cannot exceed 100 mg/kg of packaging weight[2].

Generic supplier declarations or non-binding letters of intent fail regulatory audits. Authorities demand verifiable laboratory analyses and audit-proof test certificates that withstand technical scrutiny during official market surveillance inspections.

The PPWR tightens procedural duties for producers placing packaging on the market. Packaging may only enter commercial distribution if its conformity with all applicable safety and sustainability standards is formally certified.

Packaging producers must complete an internal conformity assessment procedure and issue a signed EU Declaration of Conformity. Under § 62 VerpackDG, this signed declaration must be maintained in German or English at the manufacturer's choice, and submitted in German upon request by the competent authority. Annex VII of Regulation (EU) 2025/40 mandates a comprehensive technical dossier containing material breakdowns, lab measurements, and recyclability analyses.

Foreign manufacturers and distributors supplying packaged goods to German customers without a domestic branch must appoint an authorised representative based in Germany in writing. That representative assumes legal responsibility for fulfilling Extended Producer Responsibility (EPR) obligations.

The transition toward a fully circular packaging economy progresses across multiple regulatory stages. While baseline substance bans and conformity declarations apply since 12 August 2026, additional labelling, recycled content, and recyclability mandates roll out between now and 2030.

Companies must define their compliance roadmap now. Meeting the 2030 minimum recycled content thresholds and Design for Recycling performance classes requires adjusting packaging specifications and supply agreements in current operational cycles.

Operational execution raises the question of internal corporate governance. Neither the PPWR nor the German VerpackDG creates a standalone packaging officer role (Verpackungsbeauftragter). Across the 77 statutory and industry-specific compliance officer roles recognised under German operational and environmental law, no separate position exists under that title.

Instead, these assessment, monitoring, and verification duties expand the scope of two existing functions. A designated Umweltschutzbeauftragter (environmental protection officer) oversees conformity assessment workflows, Article 5 PPWR chemical threshold compliance, and circular design standards. In parallel, the Abfallbeauftragter (waste officer) manages packaging volume balances, system participation, and statutory waste records.

Corporate management must formalise these mandates inside written appointment letters (Bestellurkunden). Defining clear competencies prevents operational friction and eliminates organisational fault under § 130 OWiG. Understanding when compliance officers become mandatory ensures that leadership delegates statutory duties in a manner that withstands regulatory scrutiny.

Non-compliance with the PPWR and the national VerpackDG triggers significant statutory exposure. The VerpackDG adopts and tightens the strict enforcement regime of former § 36 VerpackG, penalising procedural and material failures with severe administrative fines.

Under § 66 Para. 3 VerpackDG, administrative fines are structured across three distinct tiers depending on the offence, with maximum frames of up to 200,000 euros, 100,000 euros, and 10,000 euros respectively[3]. The highest frame of up to 200,000 euros applies to breaches of the system participation obligation and to operating a system, another producer responsibility organisation, or an industry solution without authorisation. Fine provisions covering direct PPWR breaches under § 66 Para. 2 VerpackDG only become applicable on 12 February 2027.

Beyond financial sanctions, market surveillance authorities hold statutory power to issue immediate distribution prohibitions, order product recalls, and seize non-compliant goods. With CIVAC Workspace, organisations manage technical dossiers, supplier certificates, and appointment records in an integrated, audit-proof system. Where internal capacity is missing, CIVAC Externe Beauftragte provides certified environmental and waste officers to maintain compliant operations.