The European legal framework governing packagings and packaging waste has undergone a fundamental change. Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste[1] (hereinafter the “PPWR”), also known as the Packaging and Packaging Waste Regulation, has been directly applicable in all Member States of the European Union since 12 August 2026. For businesses, this entails not only new requirements concerning the characteristics of packaging but also more extensive documentation, information-provision and record-keeping obligations.
The PPWR is by no means legislation applicable solely to packaging manufacturers. It also affects manufacturers of packaged goods, importers, distributors, online retailers, other retailers and operators in the food service sector. The determining factors are, in particular, the position of the economic operator concerned within the supply chain and the manner in which it places packaging or packaged products on the market.
Although some PPWR requirements will become applicable only gradually between 2027 and 2040, a number of obligations are already binding. From both a legal and a practical perspective, it is therefore essential to distinguish carefully between requirements that are currently enforceable and those for which the Regulation provides transitional periods.
The PPWR as the new cornerstone of EU packaging legislation
The previous EU legal framework was based primarily on Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste[2]. In the Czech Republic, that Directive was implemented principally by Act No. 477/2001 Coll., on Packaging[3] (hereinafter the “Packaging Act”).
The adoption of the PPWR changes the very nature of the regulatory framework. Whereas a directive requires transposition into national law, a regulation is directly applicable. It may therefore impose obligations on economic operators without the need for any further incorporation into Czech law.
The Regulation entered into force on 11 February 2025 and has been generally applicable since 12 August 2026. As of that date, Directive 94/62/EC was also largely superseded, although certain provisions thereof remain applicable for a transitional period.
Nevertheless, the Czech Packaging Act cannot be regarded as having been automatically repealed or rendered inapplicable. It continues to be relevant, in particular, to the take-back of packaging, recovery of packaging waste, extended producer responsibility, record-keeping and related administrative obligations, insofar as its provisions do not conflict with directly applicable EU law.
Czech legislation must also be progressively aligned with the PPWR as regards the exercise of public administration and penalties. Under Article 68 of the PPWR, Member States must lay down rules on penalties by 12 February 2027 at the latest. However, the need for national legislative adaptation does not defer the applicability of obligations already arising directly under the Regulation.
Who is subject to the new obligations?
The PPWR applies to a broad range of economic operators, with their respective obligations depending on their position in the supply chain. Of particular importance is the distinction between a manufacturer, an importer, a distributor and a producer for the purposes of extended producer responsibility.
A manufacturer within the meaning of Article 3(1), point (13), of the PPWR is not necessarily only an undertaking that physically manufactures packaging. The term may also cover an entity that has packaging or a packaged product manufactured under its own brand. Specific rules apply to micro-enterprises. The manufacturer is primarily responsible for ensuring the technical compliance of packaging with the PPWR, including the relevant documentation and conformity assessment.
A separate category is that of the producer within the meaning of Article 3(1), point (15), of the PPWR, who is subject to extended producer responsibility obligations, in particular packaging record-keeping and the financing of packaging waste management. The identification of the producer depends primarily on which entity first makes the relevant packaging or packaged products available on the market of a particular Member State. Under certain conditions, an entity that unpacks packaged products without being their end user may also qualify as a producer.
Consequently, in practice, the person responsible for the technical compliance of packaging need not be the same entity as the one discharging extended producer responsibility obligations. Businesses should assess their status separately for each category of packaging, including sales packaging, service packaging, transport packaging and packaging used in e-commerce.
Which obligations have applied since 12 August 2026?
Restrictions on hazardous substances in packaging
Among the most significant obligations already in effect are the requirements concerning the chemical composition of packaging under Article 5 of the PPWR. The Regulation establishes a general requirement to minimise the presence and concentration of substances of concern. It also maintains a limit of 100 mg/kg for the sum of the concentrations of lead, cadmium, mercury and hexavalent chromium, subject to the exemptions provided for in the applicable legislation.
A particularly significant new measure is the restriction of per- and polyfluoroalkyl substances (PFAS) in food-contact packaging. From 12 August 2026, such packaging must not be placed on the market where it contains PFAS at concentrations reaching the threshold values laid down in the PPWR. Evidence of compliance with these requirements forms part of the technical documentation under Annex VII to the PPWR.
From a practical perspective, it is important that the Regulation does not provide for a general transitional period for the sell-through of food-contact packaging containing PFAS above the permitted limits that was placed on the market before 12 August 2026. Packaging placed on the market before the relevant date may be sold through, however, any new supplies after that date must comply with the applicable limits.
Manufacturers and importers of food-contact packaging should therefore already have supplier documentation enabling them to assess the chemical composition of such packaging and its compliance with the relevant limits.
Recyclability of packaging
This general requirement has applied since 12 August 2026. It must, however, be distinguished from the detailed harmonised recyclability criteria, which will not become applicable until subsequent years.
In its interpretative guidance issued in June 2026[4], the European Commission clarified that, pending the applicability of the new design-for-recycling criteria, recyclability is to be assessed by reference to the existing essential requirements under Directive 94/62/EC and the related harmonised standards, in particular EN 13430:2004. Accordingly, the general obligation to ensure that packaging is recyclable has applied since August 2026, but there is not yet an obligation to meet the forthcoming harmonised recyclability performance grades.
The new assessment system under Article 6 of the PPWR will be based on design-for-recycling criteria and the classification of packaging into recyclability performance grades A, B and C. The principal date of application is 1 January 2030 or 24 months after the entry into force of the relevant delegated acts, whichever is later. From that point, as a general rule, only packaging achieving at least grade C may be placed on the market. From 1 January 2038, the requirements will become more stringent, with generally only packaging in grades A and B permitted, subject to statutory exemptions. In addition, requirements taking account of recyclability at scale will be phased in from 2035.
In addition to recyclability, Article 7 of the PPWR introduces minimum recycled plastic content requirements for certain plastic packaging. For 2030, the baseline thresholds are 10%, 30% or 35%, depending on the type and intended use of the packaging. These percentages relate to recycled material recovered from post-consumer plastic waste and are calculated as an average per manufacturing plant and year, by packaging type and format. The Regulation also provides for specific rules and exemptions, including for certain packaging intended for contact with sensitive products. The requirements will apply from 1 January 2030 or three years after the entry into force of the relevant implementing act, whichever is later.
For manufacturers and other affected businesses, this means that packaging recyclability requirements must already be taken into account, while preparations for the introduction of more detailed criteria and minimum recycled content should be undertaken well in advance, particularly when developing new packaging and negotiating long-term supply agreements.
Technical documentation and the EU declaration of conformity
One of the most significant changes from an administrative perspective is the obligation to conduct a conformity assessment and draw up an EU declaration of conformity. Under Article 15 of the PPWR, before placing packaging on the market, a manufacturer must ensure that the relevant conformity assessment is carried out and technical documentation is prepared and, once conformity has been demonstrated, draw up an EU declaration of conformity in accordance with Article 39 and Annex VIII to the PPWR.
The technical documentation must adequately demonstrate compliance with the requirements applicable at the relevant time. It may include, in particular, identification of the packaging, its material composition, technical specifications, test reports and other evidence demonstrating compliance with the PPWR.
The manufacturer must retain the technical documentation and the EU declaration of conformity for five years in the case of single-use packaging and ten years in the case of reusable packaging, calculated from the date on which the packaging is placed on the market. Upon request by a market surveillance authority, the relevant documents must generally be made available within ten days.
These obligations are not limited to manufacturers. Under Article 16 of the PPWR, suppliers of packaging and packaging materials must provide manufacturers with the information necessary to demonstrate conformity. Under Article 18 of the PPWR, importers must verify compliance with the relevant requirements, while distributors must exercise due care when making packaging available on the market.
Identification and traceability of packaging
The PPWR also strengthens requirements relating to the identification of packaging and economic operators. Manufacturers must ensure that packaging can be identified, for example by means of a type designation, batch number or other identifying information. They must also provide the prescribed contact details in the manner envisaged by the Regulation, including, where applicable, by means of an appropriate digital data carrier or accompanying documentation.
Under Article 22 of the PPWR, economic operators must also be able to identify, upon request, their suppliers and customers in respect of packaging or packaged products. In business practice, this entails the need for an appropriate traceability system linking individual packaging items to their technical documentation and the relevant supply chain.
Extended producer responsibility and the Czech Packaging Act
Alongside the requirements applicable to packaging itself, extended producer responsibility (EPR) remains a key area of regulation. In the Czech Republic, the related obligations have long been governed by the Packaging Act. Under Sections 10 to 12 thereof, the relevant obligated persons must, subject to the prescribed conditions, ensure the take-back of packaging, recovery of packaging waste and the provision of related information. The manner in which these obligations may be discharged is governed in particular by Section 13 of the Packaging Act. In practice, an important means of compliance is to enter into a collective compliance agreement with an authorised packaging compliance organisation. However, the legislative amendments to align the Czech Packaging Act are currently awaiting their second reading in the Chamber of Deputies.
Articles 44 to 47 of the PPWR introduce a more harmonised EU framework for producer registration and extended producer responsibility. Producers are to be registered in the Member States in which they first make the relevant packaging or packaged products available on the market. However, the establishment and operation of the registers are subject to specific rules and subsequent implementing acts, including transitional deadlines.
It is also important that the new definition of producer may alter the allocation of responsibilities within the supply chain. This applies, for example, to empty service packaging or transport packaging. Merely entering into an agreement with an authorised packaging compliance organisation does not relieve a manufacturer of its obligation to ensure the technical compliance of packaging with the PPWR. These are two distinct sets of statutory requirements, which may apply to different entities.
What changes await businesses in 2027 and 2028?
One of the forthcoming changes concerns the provision of takeaway beverages and ready-prepared food. Under Article 32 of the PPWR, by 12 February 2027, the relevant final distributors in the accommodation and food services sector must allow consumers to bring their own containers for beverages or ready-prepared food intended for takeaway consumption.
Customers must not be placed at a disadvantage through higher prices or less favourable conditions when using their own containers, compared with the same product supplied in single-use packaging. They must be informed of this option by means of a clearly visible and legible notice at the point of sale. Operators may, however, establish hygiene requirements for customer-provided containers and, subject to the conditions laid down in Article 28 of the PPWR, refuse to fill them, for example if they are contaminated or unsuitable for contact with food.
From 12 February 2028, Article 33 of the PPWR provides for a further obligation to offer these products in reusable packaging within a system for reuse. In this case too, the product must not be offered at a higher price or on less favourable terms than the same product in single-use packaging. Article 33 of the PPWR also provides for an exemption for micro-enterprises within the meaning of Commission Recommendation 2003/361/EC. That exemption does not, however, automatically extend to the obligation under Article 32 of the PPWR to accept containers brought by customers.
Another significant change will be the introduction of harmonised packaging labelling. Article 12 of the PPWR imposes an obligation to label the relevant packaging with harmonised symbols indicating its material composition, so that consumers can more easily sort packaging waste correctly.
This obligation will apply from 12 August 2028 or 24 months after the entry into force of the relevant implementing acts, whichever is later. The Regulation provides for certain exemptions, particularly for transport packaging other than e-commerce packaging and for packaging covered by deposit and return systems.
As regards the labelling of reusable packaging, the principal application date is 12 February 2029 or, if later, the date falling 30 months after the entry into force of the relevant implementing act.
Consequently, this is not a requirement for all packaging to bear the new harmonised labelling already in October 2026. Both the specific form of the labelling and the final deadlines for its introduction depend on the relevant implementing legislation of the European Commission.
Nevertheless, businesses should take these future changes into account now when designing labels and packaging graphics, developing new packaging and negotiating long-term supply agreements.
2030 as a major regulatory milestone
The most extensive changes to the requirements governing packaging design and use will take effect from 2030, although the specific dates of application of certain obligations may be deferred depending on the adoption of EU implementing legislation.
Packaging minimisation and restrictions on empty space
Under Article 10 of the PPWR, from 2030 manufacturers and importers must ensure that the weight and volume of packaging are reduced to the minimum necessary for its functionality. The Regulation also restricts the use of superfluous design features, such as false bottoms, double walls or unnecessary layers, whose sole purpose is to create the impression of a larger product volume. Certain exemptions are provided for, in particular for selected packaging protected by registered designs or trade marks and for products with protected geographical indications. The obligation applies to economic operators that fill such packaging and will become applicable from 1 January 2030 or three years after the entry into force of the relevant implementing acts establishing the calculation methodology, whichever is later. The Regulation also provides for certain exemptions, for example for reusable packaging within a system for reuse.
Prohibition of certain packaging formats
From 1 January 2030, Article 25 and Annex V provide for restrictions on certain single-use plastic packaging formats. These restrictions will affect, in particular, certain plastic grouped packaging, single-use plastic packaging for pre-packed unprocessed fresh fruit and vegetables weighing less than 1.5 kg, plastic packaging for food and beverages consumed on the premises of food service establishments, and individual portions of sauces or condiments. The prohibition also covers certain single-use packaging for cosmetic and hygiene products in accommodation establishments and very lightweight plastic carrier bags.
The Regulation also provides for exemptions, for example on hygiene grounds or for the protection of food. Member States may additionally grant micro-enterprises an exemption in respect of certain single-use plastic packaging used in food service establishments where it is not technically feasible to dispense with such packaging or to provide the infrastructure necessary for reuse.
What steps should businesses take now?
It is essential for businesses to recognise that the PPWR has imposed specific legal obligations since 12 August 2026, particularly concerning the chemical composition of packaging, technical documentation, conformity assessment and traceability. Preparations for the new requirements should therefore not be postponed until 2030.
The first step should be an internal audit of packaging management practices and an assessment of the applicable obligations by reference to the position of each entity within the supply chain. Businesses should map the packaging they use, including its material composition, weight and origin, and verify compliance with those PPWR requirements that are already applicable. Supplier agreements should also be reviewed, particularly as regards the provision of technical documentation, information on materials used, notification of material changes and contractual liability for non-compliant packaging.
Attention should also be paid to the proper implementation of extended producer responsibility arrangements, including packaging record-keeping and compliance with related obligations. In the case of packaging with long development and production cycles, it is also advisable to take account now of future requirements concerning recyclability, recycled content, packaging minimisation and reuse. Subsequent modifications may be costly, particularly where they require changes to manufacturing technologies or input materials sourced from suppliers.
Should you have any questions regarding the PPWR or related matters, please do not hesitate to contact us.
[1] https://eur-lex.europa.eu/legal-content/cs/ALL/?uri=CELEX:32025R0040
[2] https://eur-lex.europa.eu/legal-content/CS/ALL/?uri=celex:31994L0062
[3] https://e-sbirka.gov.cz/sb/2001/477/2025-12-01?f=Z%C3%A1kon%20%C4%8D.%20477%2F2001%20Sb.&zalozka=text
[4] https://eur-lex.europa.eu/legal-content/CS/TXT/PDF/?uri=PI_COM:C(2026)3702
Mgr. Jakub Málek, managing partner – malek@plegal.cz
Mgr. Kateřina Musilová, junior lawyer – musilova@plegal.cz
15. 10. 2026