From when does the PPWR apply and what transitional periods exist?

Regulation (EU) 2025/40 applies directly in all EU Member States from 12 August 2026. Staggered transition periods until 2030/2035 exist for certain requirements (e.g. recycled content levels), but the core obligations regarding labelling and market surveillance apply from the deadline without any deferral.

Who is responsible for monitoring and enforcing the PPWR in Germany?

Market surveillance is the responsibility of the competent state-level authorities (depending on the federal state, e.g. regional government offices or trade supervision offices), coordinated via the European ICSMS system. Customs authorities carry out checks at the border to verify that imported goods have compliant packaging.

Does the €100,000 penalty framework apply per violation or per product?

The PPWR defines sanctions per infringement type — but a single infringement may affect multiple products or an entire product line. In cases of systematic non-compliance (e.g. missing QR code across all products in a line), authorities may impose penalties for multiple violations simultaneously. The precise implementation is at the discretion of the national legislator.

Do small businesses (SMEs) also have to fully comply with the PPWR?

In principle, yes — the PPWR does not generally differentiate by company size. For micro-enterprises (fewer than 10 employees, turnover below €2 million), simplified documentation requirements are provided in certain specific areas, but the core obligations (labelling, void space, prohibited substances) apply without restriction.

What happens if my foreign supplier delivers non-compliant packaging?

As the importer or distributor who first places the product on the EU market, you assume the full duties and liability of the manufacturer. You may contractually agree recourse claims against the supplier, but you remain the responsible economic operator in the eyes of the market surveillance authority. Review your supplier contracts accordingly without delay.

PPWR-Wissen

Fines & Sanctions for PPWR Violations

The EU Packaging Regulation (EU) 2025/40 becomes mandatory on 12 August 2026 — and it has teeth. Companies that ignore packaging obligations or fail to meet labelling requirements risk fines of up to €100,000 per violation, as well as sales bans on affected products. Those who have not yet acted should familiarise themselves with the sanctions framework.

Legal Basis and Scope

Regulation (EU) 2025/40 (PPWR) replaces the previous Packaging Directive 94/62/EC and applies directly in all EU Member States — without any national implementing act. From 12 August 2026, economic operators throughout the entire supply chain are bound by its requirements: manufacturers, importers, distributors and fulfilment service providers.

Penalty Framework: What the Regulation Provides

PPWR Article 67 establishes a mandatory minimum framework for national sanctions regimes. Member States must introduce effective, proportionate and dissuasive sanctions. The Regulation cites the following indicative figures:

Up to €100,000 per violation for companies in cases of serious or repeated infringements
Up to 4% of annual turnover as an upper limit where this exceeds €100,000 (relevant for larger enterprises)
Sales bans: Authorities may order the withdrawal of products with non-compliant packaging from the market — with immediate effect if necessary
Periodic penalty payments for continued non-compliance following a regulatory order

The precise fine levels will be determined by national implementing legislation (in Germany, expected through an amendment to the VerpackG or a standalone implementing act). Your local Chamber of Commerce (IHK) can provide binding guidance.

Market Surveillance: EU DSA-Style Control Structure

The PPWR establishes coordinated market surveillance modelled on Market Surveillance Regulation (EU) 2019/1020. In Germany, the primary responsibility lies with the state-level market surveillance authorities, coordinated via the European ICSMS system.

In practice, this means:

Spot checks on importers and online marketplaces
Document reviews: Technical documentation, declarations of conformity and QR code links must be available on request
Marketplace liability: Online platforms (comparable to DSA Art. 22) are liable for known non-compliant products they continue to list
Border controls: Customs authorities may detain consignments with non-compliant packaging

Typical Infringement Types (from 12 August 2026)

The following violations are most likely to attract regulatory attention first:

1. Missing or incorrect QR code on packaging (PPWR Article 12) 2. Failure to meet minimum recycled content requirements without an exemption 3. Exceeding empty space limits (max. 40% void space in secondary packaging) 4. No labelling for separability of packaging components 5. Failure to register in the national producer register (analogous to § 9 VerpackG)

Liability in the Supply Chain

The PPWR explicitly targets the economic operator who first places the product on the EU market. Importers from third countries therefore assume the manufacturer's obligations in full — including full liability exposure. Contractually passing responsibility to a foreign supplier does not protect you in the eyes of the authorities.

Recommended Action

Conduct an internal compliance check by 31 July 2026: packaging inventory, QR code structure, recycled content, void volume. For binding legal assessments, contact your IHK or a specialised lawyer.

Häufige Fragen

From when does the PPWR apply and what transitional periods exist?: Regulation (EU) 2025/40 applies directly in all EU Member States from 12 August 2026. Staggered transition periods until 2030/2035 exist for certain requirements (e.g. recycled content levels), but the core obligations regarding labelling and market surveillance apply from the deadline without any deferral.
Who is responsible for monitoring and enforcing the PPWR in Germany?: Market surveillance is the responsibility of the competent state-level authorities (depending on the federal state, e.g. regional government offices or trade supervision offices), coordinated via the European ICSMS system. Customs authorities carry out checks at the border to verify that imported goods have compliant packaging.
Does the €100,000 penalty framework apply per violation or per product?: The PPWR defines sanctions per infringement type — but a single infringement may affect multiple products or an entire product line. In cases of systematic non-compliance (e.g. missing QR code across all products in a line), authorities may impose penalties for multiple violations simultaneously. The precise implementation is at the discretion of the national legislator.
Do small businesses (SMEs) also have to fully comply with the PPWR?: In principle, yes — the PPWR does not generally differentiate by company size. For micro-enterprises (fewer than 10 employees, turnover below €2 million), simplified documentation requirements are provided in certain specific areas, but the core obligations (labelling, void space, prohibited substances) apply without restriction.
What happens if my foreign supplier delivers non-compliant packaging?: As the importer or distributor who first places the product on the EU market, you assume the full duties and liability of the manufacturer. You may contractually agree recourse claims against the supplier, but you remain the responsible economic operator in the eyes of the market surveillance authority. Review your supplier contracts accordingly without delay.

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