Packaging after the regulatory changes. PPWR from 12 August 2026 and liability under private label

The next phase of PPWR implementation applies from 12 August 2026. Find out what commissioning production under a private label means in practice.

Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste (hereinafter: PPWR) entered into force in February 2025, with the EU legislator phasing the individual obligations over time. The nearest deadline falls on 12 August 2026. Anyone who commissions the manufacture of a product in packaging under their own trademark becomes, as a rule, a manufacturer within the meaning of these provisions. The obligations to carry out a conformity assessment of the packaging, draw up technical documentation and issue an EU declaration of conformity rest with that person. In practice under private-label arrangements, the product supplier organises the entire production process, including the purchase of packaging to fulfil orders, which does not, however, shift the obligations provided for in the Regulation. This article serves as an introduction to PPWR issues and flags matters requiring assessment in specific factual circumstances.

Private-label order arrangements

The starting point is the definition of manufacturer in Article 3 PPWR. It covers not only the entity that physically produces the packaging, but also the one that manufactures a product in packaging, and the one that commissions the design or manufacture of packaging or a product in packaging and places it on the market under its own name or own trademark. That third case is precisely the private-label model. By ordering from a production facility a product bearing your logo, you become a manufacturer within the meaning of the Regulation, regardless of who purchases the packaging in that arrangement.

The consequence is assuming the obligations under Article 15 PPWR: carrying out the conformity assessment, drawing up technical documentation in accordance with Annex VII and issuing an EU declaration of conformity (Article 39). Article 21 contains a mirror rule for entities importing goods: an importer or distributor who places packaging on the market under their own name or modifies it in a way that may affect conformity is also treated as a manufacturer.

This does not mean that the contract manufacturer ceases to be liable, since they too produce a product in packaging and have their own set of obligations. It does mean something more significant from your perspective: before the supervisory authority you cannot hide behind the manufacturer (product supplier). A contract may allocate costs and documentation obligations between you, but it does not transfer the manufacturer role itself, because roles arising from EU law cannot be assigned by contract. The Regulation does, however, provide a special exception for micro-enterprises commissioning production, where the packaging supplier is deemed to be the manufacturer, provided they are established in the same Member State. Nevertheless, it is worth noting that at the scale typical of private labels present in retail trade, particularly in the food product sector, this exception will in practice generally not apply in the future.

It is worth distinguishing straight away two concepts that in practice are routinely conflated. Manufacturer is a product-compliance role: conformity assessment, technical documentation and declaration. Producer within the meaning of extended producer responsibility is the entity that first makes packaging available on the market of a given state; its obligations concern registration, reporting and financing waste management, handled in Poland through BDO. Under private label you most often act in both roles simultaneously, meaning two parallel sets of obligations and two different sets of data you need from the production facility.

How to obtain the documents needed to fulfil the manufacturer's obligations?

The PPWR places on suppliers of packaging and packaging materials an obligation to provide the information and documents necessary to demonstrate conformity, including elements of the technical documentation from Annex VII of the Regulation. In practice it is worth considering introducing modifications to existing supply/production agreements with provisions specifying matters relating to the transfer of documentation for the purpose of the parties fulfilling obligations arising from applicable law.

What examples of requirements take effect on 12 August?

• Substance limits (Article 5). For packaging intended for contact with food, thresholds for PFAS come into force: 25 ppb for a single substance, 250 ppb for the sum of intentionally added substances, and 50 ppm for total content. Independently of that, the sum of concentrations of lead, cadmium, mercury and hexavalent chromium must not exceed 100 mg/kg of packaging mass. This mainly affects packaging with barrier coatings against fat and moisture, i.e. trays, boxes and foodservice packaging.
• Conformity assessment and documentation (Articles 15, 39, Annex VII). The assessment is carried out under the internal production control module, and its outcome is technical documentation and an EU declaration of conformity for each type of packaging.
• Traceability of economic operators (Article 22). You must be able to indicate to the authority who supplied you with the packaging or the product in packaging.
• Obligations of other links in the chain (Articles 18 and 19). The importer and distributor have their own, named obligations, independent of what the foreign supplier has done.

One practical note on the timeline: the Regulation does not provide for a general transitional period for packaging stocks. Whether packaging must meet the new requirements is determined by the moment the product is placed on the market, not the date of purchase of the packaging or manufacture of the batch.

What penalties are realistically at stake and when?

The Regulation itself does not set penalties. Article 68 PPWR delegates this to the Member States, setting them a deadline of 12 February 2027. In Poland work is under way on an implementing act which, in its current form, provides for administrative financial penalties of up to PLN 2,000,000 for placing on the market packaging that does not meet the requirements of Articles 5–12 of the Regulation.

Nevertheless, it is also worth bearing in mind the risks already present now between cooperating entities. Retail chains and purchasers already today include conformity documentation in their terms of cooperation. Its absence or breaches in fulfilling documentation obligations may lead to the suspension or even termination of business relationships.

Where to start?

If you have not yet taken concrete steps on this matter, start by establishing your own role in the light of the PPWR provisions. The result of the analysis will provide the answer as to what further steps will be appropriate to maintain compliance with applicable law. From 12 August onwards, the question of packaging becomes an even more integral element of product compliance.