EU packaging regulation takes effect: Key implications for Japanese exporters

Packaging now needs to be treated as part of product compliance for goods entering the EU, not simply as a waste issue after sale. The EU Packaging and Packaging Waste Regulation (the PPWR) applies irrespective of where packaging or packaged products are manufactured and can affect manufacturers, importers, distributors, brand owners and direct sellers, both within and outside the European Union. It links packaging design and materials to conformity documentation, labelling, extended producer responsibility (EPR) and corrective action. Businesses exporting goods to the EU from third countries, including Japan, should therefore understand their route to market and the roles performed by each participant in the supply chain, rather than assume that a supplier, importer or customer has addressed every requirement.

12 August 2026 marked the start of PPWR general application. While many requirements will be phased in between 2028 and 2030 and beyond, key obligations already apply. Businesses that have not yet assessed their packaging, supply chains and EU routes to market should do so as a priority. They should compile supplier and technical information, confirm that EU importers and distributors are carrying out required checks and that applicable national EPR obligations are being addressed, and ensure that commercial agreements clearly allocate responsibilities, costs and liabilities.

From a national waste regime to an EU product framework

The previous Packaging and Packaging Waste Directive established common EU objectives but relied on implementation through national law, leaving differences in rules and practice between Member States. The PPWR is directly applicable and introduces more detailed sustainability, labelling, conformity and supply chain requirements across the packaging life cycle. The Commission’s objectives are to prevent the continued growth of packaging waste, reduce dependence on virgin materials, improve packaging safety, recyclability and reuse, and reduce regulatory fragmentation within the internal market. As a result, packaging imported from third countries must meet the same product requirements as packaging made in the EU before it is placed on the EU market.

A phased regime rather than a single deadline

The PPWR entered into force on 11 February 2025 and has applied generally since 12 August 2026, when it repealed the previous Directive, subject to transitional provisions. That date brought the general framework and a number of core obligations into operation, but many substantive requirements will apply only from later dates and, in some cases, depend on the adoption of further Commission delegation or implementing acts. Because packaging redesign, validation and procurement can require long lead times, the PPWR should be treated as an ongoing compliance programme rather than a one off exercise.

Striving for timely compliance

Companies that have not yet completed their PPWR preparations should identify every packaging format used for EU sales, including sales, grouped, transport, service and ecommerce packaging, and trace how it moves through the EU supply chain. They should determine the relevant roles and responsibilities arising under each route to market, collect composition, specification and test information from suppliers, and confirm what documentation and registrations are required. Where an EU importer or distributor is expected to perform obligations allocated to them under the PPWR, including importer checks or EPR-related responsibilities, a non-EU manufacturer placing packaged goods on the EU market should obtain confirmation of the steps taken rather than assume that compliance has already been addressed.

Who is responsible: roles across the supply chain

Responsibility under the PPWR depends on the role performed in the supply chain. Depending on the sales model, responsibility may fall on manufacturers, importers, distributors or producers responsible for EPR obligations in a particular Member State. Non-EU businesses should confirm which entity is responsible for compliance, documentation, importer checks and EPR obligations in each route to market rather than assume that these issues have been addressed by EU customers or intermediaries.

CURRENT COMPLIANCE PRIORITIES

Although many PPWR requirements will apply in stages, companies should focus first on obligations that already apply and on gathering information needed for future compliance.

Restricted substances

Packaging must not contain more than 100 mg/kg of lead, cadmium, mercury and hexavalent chromium combined (subject to applicable derogations). Food contact packaging placed on the EU market from 12 August 2026 must also meet PFAS thresholds of 25 parts per billion for any individual PFAS measured by targeted analysis, 250 parts per billion for the sum measured by targeted analysis and 50 parts per million for PFAS including polymeric PFAS. Packaging made before 12 August 2026 is not exempt if first placed on the EU market afterwards (subject to applicable transitional arrangements). Grease and moisture resistant paper packaging may require particular attention, and companies should obtain appropriate composition information and, where necessary, test data from suppliers.

Conformity assessment and documentation

Before packaging is placed on the EU market, the manufacturer must carry out the applicable conformity assessment, prepare the technical documentation under Annex VII and issue an EU Declaration of Conformity in the form set out in Annex VIII. Records must be kept for five years for single use packaging and ten years for reusable packaging, and manufacturer identification and contact details must be provided on the packaging or through a QR code or other data carrier. Importers must verify the required steps, provide their own details and make the documentation available to authorities on request. Non-EU manufacturers placing packaged goods on the EU market should ensure that their suppliers provide the information needed to support the conformity file. The packaging/packaged product manufacturer remains legally responsible for the contents of the conformity assessment and EU Declaration of Conformity.

Extended Producer Responsibility

EPR remains a Member State specific issue. Businesses should determine who is the producer in each Member State and confirm that applicable national registration, reporting and financing obligations are being met. There is no single EU registration, and EU formats and national implementation arrangements continue to develop. A producer outside the EU that sells directly to end users in a Member State will generally need an EPR authorised representative there.

Recyclability, minimisation and reusable packaging

The PPWR already requires packaging to be recyclable, although harmonised design for recycling criteria and grades will apply from 2030 or later, depending on the timing of the relevant Commission acts. Stricter minimisation requirements, recycled content targets and many reuse obligations also apply at later dates. Businesses should nevertheless collect packaging composition and design data now because redesign, testing and supplier qualification can take considerable time. Businesses using reusable packaging should also confirm that it meets the PPWR criteria and operates within an appropriate reuse system.

Imported transport and bulk packaging

Transport and bulk packaging, including pallets, crates, drums, canisters and bulk bags, deserves particular attention in industrial supply chains. For EPR, purposes, the producer of transport packaging must be determined by reference to the packaging when empty, the entities involved in supplying and filling it, the Member State(s) concerned as well as any name or trademark borne on the packaging. Where importing packaging or packaged products to the EU from Japan, the importer responsibilities should be assessed separately from identification of the “producer” for EPR purposes.

Reuse targets for certain types of transport packaging and sales packaging used for transporting products (including for products distributed via e-commerce) (“transport and sales packaging”) are expected to apply from 1 January 2030. As a general rule, businesses will need to ensure that at least 40% of transport and sales packaging is reusable. Additionally, stricter reusability requirements will apply in certain supply chains, such as for in-scope packaging used between sites in the same corporate group, and packaging used for business-to-business deliveries in the same Member State. Exemptions for certain formats (e.g. carboard boxes or dangerous goods packaging) apply only to the reuse targets and do not remove other PPWR or EPR obligations.

Looking further ahead

From 2028 onwards, additional PPWR requirements will be introduced, including harmonised labelling rules, recycled content targets, design for recycling requirements, stricter minimisation obligations, reuse targets and restrictions on certain packaging formats. Businesses should begin collecting packaging composition and design information now, as compliance may require redesign, testing and supply chain adjustments.

Reflecting PPWR responsibilities in commercial contracts

Contracts cannot displace the statutory allocation of responsibility under the PPWR, but they should define how the parties will cooperate and who will bear the related commercial risk. Customer, supply, distribution, import, logistics and packaging procurement agreements should address who provides composition data, test reports, technical documentation and declarations; who performs importer or distributor checks and EPR-related obligations; who bears redesign, labelling and waste management costs; and how authority requests, non compliance, shipment delays, withdrawals or recalls will be handled. Existing agreements may predate the PPWR and should be reviewed rather than relying only on general compliance clauses.