The European Commission has published a draft guidance document for Regulation (EU) 2025/40 on packaging and packaging waste (PPWR), to support the uniform application of the new rules across the EU. The Commission emphasises that the document is interpretative in nature, does not amend the provisions of the Regulation, and will be formally adopted only once all language versions are available.
In parallel with the draft guidance, the Commission has also published a separate FAQ document that addresses specific practical questions raised by the market and complements the interpretation of the PPWR, indicating how the rules are expected to be applied in real-world business models.
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For food sector businesses, it is particularly relevant that the guidance goes beyond general explanations and provides concrete, practical interpretations. This concerns, in particular, the distinction between the roles of economic operators in the supply chain, including the concepts of “manufacturer”, “producer” and “importer”. The Commission confirms that these roles do not necessarily refer to the same entity: the “manufacturer” is responsible for ensuring that the packaging complies with PPWR requirements, while the “producer” bears obligations under extended producer responsibility (EPR) in the Member State where the packaging becomes waste. In practice, this requires a careful assessment of who, and in which Member State, first makes the packaging or packaged product available on the market.
Particular attention should also be paid to the Commission’s position on the concept of an importer. According to the draft guidance, a branch of a non-EU entity that does not have separate legal personality cannot, in principle, be considered an “importer” under the PPWR. VAT registration or the existence of a permanent establishment is not sufficient to assume this role for regulatory purposes. This approach may have significant implications for international groups and cross-border sales models.
The guidance also addresses the enforcement of PFAS restrictions in food contact packaging. The Commission proposes a recommended stepwise analytical approach and confirms that the PPWR does not provide for a transitional period for the exhaustion of stocks: food contact packaging placed on the market after 12 August 2026 must already comply with the new limits.
It is also important for businesses to note that the Commission considers the general obligation to ensure packaging is recyclable applies from 12 August 2026, even though more detailed technical criteria will be specified in delegated and implementing acts. From the perspective of the food sector, the draft guidance shows that preparations for PPWR should not be limited to reviewing materials and packaging design. Equally important is the proper allocation of roles and responsibilities among the entities involved in the production, filling, import, distribution, and sale of products.
Following the publication of the draft guidance, the next step will be its formal adoption once all EU language versions are available. In parallel, the Commission announces further FAQ updates as well as additional delegated and implementing acts to further specify the application of the PPWR.
