Preparing Declarations of Conformity from August 2026

I. Context

Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) entered into force on 11 February 2025, marking the start of a major regulatory transition. It replaces Directive 94/62/EC and introduces a structured compliance framework for companies, rolled out in waves through to 2040.
The first binding deadline is set for 12 August 2026. Companies placing packaging on the European market must now identify their obligations and implement necessary actions.

II. Who is concerned?

A manufacturer is considered the entity that places packaging on the market under its own name or brand, or determines its design. This entails full responsibility for compliance obligations.
Conversely, if a company purchases standard packaging from a supplier established in the EU without specifying details, the supplier is responsible for creating the declaration.

Importers must ensure that only packaging complying with PPWR requirements is placed on the market. In practice, they must therefore collect from manufacturers a copy of their Declaration of Conformity.

III. What is the scope?

The scope of the regulation is very broad. It applies to all packaging, whatever material is used, and to all packaging waste, regardless of the context in which the packaging is used or the origin of the packaging waste: industry, other manufacturing industries, retail or distribution, offices, services or households.

IV. What must the Declaration of Conformity include?

The Declaration of Conformity (DoC) is a legally binding self-declaration by which the manufacturer certifies that its packaging meets the requirements of the regulation. The DoC becomes the cornerstone proof of compliance, which can be required by authorities at any time.

It covers compliance with Articles 5 to 12, namely:

• Art. 5 Requirements concerning substances present in packaging
• Art. 6 Recyclable packaging
• Art. 7 Minimum recycled content in plastic packaging
• Art. 8 Bio-based raw materials in plastic packaging
• Art 9 Compostable packaging
• Art 10 Minimisation of packaging
• Art 11 Reusable packaging
• Art 12 Labelling of packaging

V. What requirements apply as of 12 August 2026?

From this date, several obligations on substances apply:

• Heavy metals: the sum of lead, cadmium, mercury, and hexavalent chromium in packaging must not exceed 100 mg/kg.
• Substances of concern: minimisation of the presence and concentration of substances of concern in packaging materials or their elements.
• PFAS: packaging in contact with food cannot be placed on the market if it contains PFAS above the established thresholds (25 ppb per substance / 250 ppb cumulative).

VI. In practice

To comply by 12 August 2026, companies must notably:

• Determine their status: am I a manufacturer or an importer under PPWR? The answer conditions all obligations
• Map their packaging by type, material, and format to prepare their DoC at the appropriate level of granularity
• Request information from their suppliers based on Article 16 of PPWR, which legally obliges them to provide all information necessary to demonstrate compliance, including RSL certificates, test reports, chemical data
• Set up an identification system for each packaging (batch number, serial number or equivalent), documented in the technical file
• Compile the technical documentation that supports each declaration of conformity and must be made available to market surveillance authorities at any time
• Ensure document retention: 5 years for single-use packaging, 10 years for reusable packaging

VII. Next steps

12 August 2026 is only the first deadline in a dense regulatory calendar. Requirements on recyclability (Art. 6), recycled content (Art. 7), compostability (Art. 9), and harmonised labelling (Art. 12) will take effect between 2027 and 2030, subject to adoption of delegated acts by the Commission.
It is therefore recommended to anticipate these waves of compliance from now on.
The law firm supports companies in analysing their exposure under the PPWR and structuring their compliance documentation.