PPWR: What is the declaration of compliance?

The declaration of conformity is an official document in which the so-called “producer” of the packaging confirms that all relevant requirements of the PPWR have been met. It serves as binding proof of product conformity and is therefore much more than a mere formality. In terms of content, it is similar to a CE declaration - but specifically for packaging and without the labeling requirement. Companies thus assume responsibility: for legally compliant design, for transparent documentation and for compliance with all sustainability standards that will apply throughout Europe in the future.

What content must the Declaration of Conformity include?

The PPWR clearly specifies which information the EU Declaration of Conformity must contain. Article 39 of the regulation refers to a template in Annex VIII, which serves as a model. Mandatory details in the Declaration of Conformity include:

• Identification of the packaging: A unique identification number or code for the packaging along with a description that defines the subject of the declaration for traceability purposes.
• Responsible company: Name and address of the packaging producer (manufacturer) and, if applicable, their authorized representative. The producer must also explicitly state that they assume sole responsibility for issuing the Declaration of Conformity.
• Product and legal compliance: A statement confirming that the described product complies with applicable EU legislation – in particular the PPWR itself (including a list of other relevant EU acts, if applicable).
• Information on standards/specifications: A list of all harmonized standards or common specifications applied in the conformity assessment, as well as any other technical specifications on which the declaration is based.
• Notified body (if any): If a notified body (testing organization) was involved in the conformity assessment process, its name, address, identification number, and details of any certificates issued (including date and validity conditions) must be included. (Note: The PPWR primarily envisions an internal conformity assessment; external testing bodies are generally not required for packaging.)
• Date, place, signature: The date and place of issue of the declaration, as well as the name, position, and signature of the responsible person signing the declaration on behalf of the producer.

These details ensure the declaration includes all necessary information to verify and trace packaging conformity. The EU Declaration of Conformity must also be continuously updated if relevant requirements change.

Who must issue a Declaration of Conformity?

The obligation to issue the Declaration of Conformity lies with the producer of the packaging, meaning the company that places the packaging (or a packaged product) on the EU market for the first time. In practice, these are the manufacturers of the packaging or the packaged product – or importers if the packaging comes from a non-EU country. Before placing the packaging on the market, the producer must carry out the required conformity assessment procedure and prepare the technical documentation. Once conformity is established, they issue the EU Declaration of Conformity.

Importers also have responsibilities: They must ensure that the packaging they import complies with PPWR requirements and that an EU Declaration of Conformity and technical documentation issued by the manufacturer are available. Importers are required to keep a copy of the declaration and present it to surveillance authorities upon request. If no EU-based manufacturer exists, an importer or an authorized representative can act as the producer on behalf of the manufacturer.

Moreover, any distributor who markets packaging under their own name or brand, or who modifies packaging already placed on the market in a way that could affect its compliance, legally assumes the role of the producer. In such cases, the distributor must also fulfill all producer obligations – including issuing a Declaration of Conformity – and is responsible for ensuring packaging compliance.

Requirements regarding language, format, and availability

Language: The EU Declaration of Conformity must be written in one or more languages required by the EU Member State where the packaging is placed on the market. In practice, this means the declaration must be available in German for packaging distributed in Germany. In other countries, the respective official languages must be used (the declaration can be translated into multiple languages if the packaging is marketed in several countries). It is essential that the information is clearly and understandably worded.

Format: In terms of content and format, the declaration must follow a prescribed template. Annex VIII of the PPWR provides a sample format that defines the structure. The declaration must include all required elements (see above), as described in the corresponding modules of Annex VII of the regulation. Companies should use the template provided by the EU or create their own version that exactly follows these specifications. Uniform formatting ensures that authorities can quickly find all relevant information during inspections. Additionally, technical documentation for the packaging must be prepared according to defined standards (Annex VII), as it forms the basis for the declaration.

Availability and retention: The Declaration of Conformity must be available at all times, especially for market surveillance authorities. Producers are required to retain the declaration and technical documentation for an extended period. Specifically, the PPWR mandates that documentation for single-use packaging be retained for at least 5 years and for reusable packaging for 10 years after placement on the market. These documents can be stored electronically. If requested by national authorities, companies must be able to promptly provide the conformity documents – usually within 10 days.

Importers are also obliged to cooperate: They must keep a copy of the EU Declaration of Conformity and grant access to authorities upon request. The information must be presented to regulatory bodies in a language they accept (translations must be provided if necessary). In practice, such documents are requested during market surveillance inspections to verify that packaging on the market complies with legal requirements. Companies should ensure that the declaration is always up to date and readily accessible (e.g., stored digitally in the company’s portal or document management system).

Difference from previous documentation and information obligations (Packaging Directive, VerpackG)

The introduction of the EU Declaration of Conformity for packaging is a new requirement under the PPWR and differs significantly from previous obligations under the former EU Packaging Directive (94/62/EC) and the German Packaging Act (VerpackG). While essential packaging requirements already existed – such as designing packaging to be minimal, recyclable, and compliant with certain pollutant limits (e.g., heavy metals) – there was no obligation to issue a formal declaration of conformity or prepare detailed technical documentation according to a fixed schema.

In other words, there was previously no standardized “conformity document” for packaging that had to be carried or submitted; compliance was usually verified implicitly or in individual cases.

The German Packaging Act, in particular, focused on registration and system participation obligations (e.g., the LUCID register and licensing through dual systems), as well as labeling and notification requirements as part of extended producer responsibility. A product-specific conformity assessment procedure – as seen in other sectors like electrical equipment or machinery – was not foreseen for packaging. While companies had to provide evidence upon request (e.g., lab tests showing compliance with limits like the 100 ppm total heavy metal content), a comprehensive EU Declaration of Conformity as a separate document was not part of the previous legal framework.

The PPWR fundamentally changes this: For the first time, a formal conformity assessment procedure with mandatory documentation is introduced for packaging. Manufacturers must now proactively ensure and document that their packaging complies with the new requirements before being placed on the market. This documentation obligation resembles those in other product regulations (e.g., for CE marking), with the important difference that no CE mark is allowed on packaging.

Thus, the EU Declaration of Conformity under the PPWR is a new instrument to enhance transparency and verifiability of packaging compliance. For companies, this means additional work in the form of testing, documentation, and administration – but it also provides clear evidence that can be presented during inspections.

Transitional periods and exemptions

Transitional periods: As of early 2025, the PPWR is still in its introductory phase. Although the regulation formally entered into force on February 11, 2025, many of its requirements do not yet apply. A general transition period of 18 months has been granted: starting August 12, 2026, the regulation will be fully applicable and will replace the previous EU Packaging Directive.

Until then, companies have time to prepare for the new requirements – including the creation of Declarations of Conformity. During this transition period, Member States must also establish necessary structures (e.g., packaging producer registers under Article 44 PPWR). In addition, specific deadlines apply to different regulatory areas: some sustainability requirements will be phased in by 2030. For example, by 2030, all packaging must be recyclable, and minimum recycled content quotas for plastic packaging will also apply.

These phased deadlines give industry time to adapt but also mean that the Declaration of Conformity may need to cover different requirements depending on when it is issued.

Exemptions: The PPWR provides for exemptions or special rules in certain cases. For example, the existing exemptions for heavy metal limits established under the old Packaging Directive (94/62/EC) are carried forward. These included exceptions for concentration limits of lead, cadmium, mercury, and chromium VI in packaging (e.g., for certain recycled materials) – and these exemptions will initially remain under the PPWR.

Further exemptions from new requirements may apply under specific circumstances. For instance, certain “contact-sensitive” plastic packaging (i.e., packaging where recycled material is difficult to use due to safety or hygiene concerns, such as in medical or food applications) may be exempt from the minimum recycled content requirements.

This means such packaging may be exempt from the requirement to contain a certain proportion of recycled plastic, provided a justified case is made. The regulation contains a list of such exemptions and empowers the Commission to adjust or expand it.

Finally, transitional or exemption rules may apply at the Member State level. For example, Member States that already achieve very high collection rates for certain packaging types by 2026 may, under certain conditions, opt out of implementing mandatory deposit and return systems.

Overall, however, the exemptions are narrowly defined – the general rule is that all packaging placed on the market must comply with PPWR requirements and be backed by a Declaration of Conformity. Companies should therefore focus primarily on compliance and timely preparation of conformity documents.