On 12 August 2026, the first obligations under the Packaging and Packaging Waste Regulation (PPWR) will enter into force across the European Union. The new regulation will be implemented in stages until 2040 and aims to reduce packaging waste, increase the reuse of materials and improve recycling rates.
Although the PPWR is an EU regulation and therefore applies directly in all Member States, businesses will also have to comply with national implementing legislation. In Germany, this legislation is still being finalised. As a result, Dutch companies must take into account not only the European rules but also additional German requirements governing their practical implementation.
The first European obligations will already apply from 12 August 2026. Germany’s implementing legislation is expected to be in place around that date, leaving companies with limited time to adapt their internal processes. Businesses are therefore advised to closely monitor legislative developments in Germany.
The PPWR aims to reduce the amount of packaging placed on the market and the waste it generates. As packaging accounts for a significant share of plastic consumption and waste across Europe, the regulation places much of the responsibility on producers.
One of the most important changes is the introduction of nine clearly defined economic operator roles. This harmonises the definitions used throughout the European Union and replaces the differing national interpretations that previously existed, including those under German law. In particular, the definition of “producer” will change significantly.
For companies engaged in cross-border trade, this may have far-reaching consequences. Whether a business qualifies as a producer will now depend on the harmonised European definitions rather than national legislation. As a result, companies that were not previously regarded as producers may acquire that status under the PPWR.
In principle, a Dutch company with an establishment in Germany is considered the producer if it is the first to place a particular packaging or packaged product on the German market. If the company has no establishment in Germany, it will generally be regarded as the producer when it supplies products directly to a German end user. An end user is not necessarily a consumer; a business customer may also qualify, provided it does not resell the product in its original form. Consequently, many business-to-business transactions may also fall within the scope of producer responsibility.
Germany has long maintained the LUCID Packaging Register. Companies placing packaging on the German market must register with LUCID and, in many cases, participate in an approved recycling scheme. They must also submit annual reports on the quantities of packaging they place on the market.
Under the PPWR, this system will remain in place but is expected to become more comprehensive. Rather than reporting only packaging subject to a recycling scheme, companies are expected to report all packaging placed on the market. This expansion will require many businesses to adapt their internal administration and reporting processes.
In addition, companies without an establishment in Germany are expected to appoint an authorised representative. This representative will serve as the point of contact for the German authorities and will assume specific responsibilities within the regulatory framework.
However, appointing an authorised representative does not transfer legal responsibility. Companies themselves remain fully responsible for complying with both the PPWR and the German implementing legislation. They must also continue to register directly with the LUCID Packaging Register.
The PPWR also introduces changes to the rules governing the take-back and recycling of packaging.
Packaging already covered by an extended producer responsibility scheme will continue to require participation in such a scheme. For other packaging types, including certain transport packaging, the requirements will become more stringent.
Before the end of 2027, companies must either join an approved Producer Responsibility Organisation (PRO) or establish and obtain approval for their own take-back system. While larger businesses may opt to develop their own systems, participation in a collective organisation is likely to be the most practical solution for smaller companies.
The new rules do not apply only to large exporters. Companies that send only occasional shipments to Germany may also fall within the scope of the German implementing legislation. This is particularly relevant for online retailers selling directly to German customers.
German authorities actively monitor whether foreign businesses comply with packaging legislation. Once a company offers delivery to Germany, it must also comply with the applicable German legal requirements.
In practice, many businesses still underestimate the impact of the PPWR. Smaller companies and online retailers, in particular, are often unaware of the extent of their new obligations.
Common mistakes include incorrectly assessing whether a company qualifies as a producer, failing to register with the LUCID Packaging Register, maintaining incomplete registration details or incorrectly assuming that participation in a recycling scheme is unnecessary. Such failures may result in substantial fines and, in the most serious cases, a prohibition on selling products on the German market.
Companies exporting to Germany should begin by determining their role under the PPWR. This assessment should be carried out for each country and each supply chain, as businesses may qualify as producers, manufacturers, distributors or hold multiple roles simultaneously. Each role carries its own legal obligations, with producers facing the most extensive responsibilities.
Businesses should then determine whether registration with LUCID is required, whether they must appoint an authorised representative and whether participation in a producer responsibility scheme is mandatory. Many companies will also need to adapt their internal administrative procedures to meet the expanded reporting requirements.
According to the current draft of the German implementing legislation, businesses qualifying as producers will have until 12 September 2026 to register with the LUCID Packaging Register. By contrast, no transitional period currently appears to be envisaged for the appointment of an authorised representative, meaning this obligation is expected to apply from 12 August 2026.
Besides producers, the PPWR also introduces clear obligations for manufacturers. Manufacturers of packaging or packaging materials must ensure that their products comply with the regulation, prepare declarations of conformity and include the mandatory information required under the PPWR.
Distributors also retain important responsibilities. They may place only compliant packaged products on the market. This includes verifying that packaging has been correctly labelled, that manufacturers have fulfilled the applicable PPWR requirements and that producers have met their registration obligations. Failure to do so may expose distributors to fines and sales prohibitions.
Furthermore, existing German obligations relating to certain single-use plastic products, including registration in the DIVID Register, will continue to apply alongside the PPWR.
Although Germany’s implementing legislation has not yet been finalised, it is already clear that the PPWR will have significant consequences for companies doing business in Germany.
By identifying their role under the regulation, completing the necessary registrations and adapting their internal processes in advance, businesses can ensure they are well prepared for the new legal framework.
Taking timely action will not only reduce the risk of fines and sales restrictions but will also prevent companies from having to make last-minute adjustments once the German implementing legislation enters into force.
Source: evofenedex, Laura Markink of ALPMANN FRÖHLICH
Photo: Shutterstock
