Guide 3/4 Legal, compliance & quality May 2026

The obligations you need to
master before everyone else

PFAS, declarations of conformity, legal liability, how PPWR fits with the AGEC law: the guide for the teams that manage regulatory compliance for packaging.

Art. 5 — PFASArt. 38-39 — DoCArt. 2 — RolesPPWR vs AGEC

PPWR is, first and foremost, a piece of legislation. It creates responsibilities, documentary obligations and prohibitions backed by national penalties. For legal and compliance teams, the challenge is not only to understand what the regulation says, but to translate it into clear operational obligations, to identify the risks of non-compliance and to organise the supporting documentation.

This guide focuses on the legal and documentary aspects of PPWR, with particular attention to the obligations that apply from 2026, the only ones that create an immediate risk of penalty.

A note on method

The guidance published by the Commission on 30 March 2026 is not legally binding. It offers helpful interpretative pointers, but it does not replace an analysis of the articles of the regulation themselves. In the event of a dispute or an inspection, it is the text of the regulation that prevails, not the FAQ.

Identifying your legal position: the first step

PPWR distinguishes four separate roles with different obligations; confusing these roles is the most common source of risk

Role Operational definition Main obligations
Manufacturer technical A natural or legal person who manufactures packaging, or who has it manufactured by a third party and markets it under their own name or brand. The contracting party is therefore a manufacturer within the meaning of PPWR. Compliance with the essential requirements. Declaration of conformity (DoC). Technical documentation. CE marking where applicable. PFAS liability.
Producer EPR A person who places packaging on the market of a Member State, including through distance contracts. Defined market by market. Registration in the national register (yet to be created). Financial contribution to the EPR scheme. Reuse targets where applicable.
Importer technical Any person established in the EU who places on the market packaging originating from a third country. Verify the packaging's compliance before placing it on the market. Liability where the non-EU manufacturer cannot be contacted. Retain the documentation for 5 years.
Distributor mixed Any person who places packaging on the market without being a manufacturer or importer (retailer, wholesaler). Verify that the declaration of conformity is present. Do not place on the market packaging that is visibly non-compliant. EPR obligations where distribution constitutes the national placing on the market.

Not sure of your role? Find out your exact obligations in 3 clicks.

Our tool analyses your situation and pinpoints your PPWR responsibilities.

Identify my position →

A common edge case — own-brand retailers and contracting parties

A food business that has its packaging made by a subcontractor and sells it under its own brand is both a manufacturer (in terms of technical compliance) and a producer (in terms of EPR). It carries full responsibility under both regimes. This is the case for the vast majority of French food manufacturers.

Obligations with immediate risk: 12 August 2026

The only obligations whose breach exposes you to penalties from this date

12 Aug 2026

Art. 5 §5 + Annex III — Regulation (EU) 2025/40

PFAS ban in food-contact packaging

From 12 August 2026, food-contact packaging cannot be placed on the EU market if it contains per- and polyfluoroalkyl substances (PFAS) above the concentration thresholds set:

  • 25 ppb (ng/g) for the individual PFAS listed in Annex III
  • 250 ppb (ng/g) for the sum of all PFAS

Critical legal point

No period for running down stock. Unlike many regulatory transitions, there is no provision allowing non-compliant packaging manufactured before 12 August 2026 to be sold off. Any non-compliant packaging placed on the market after this date constitutes an infringement.

12 Aug 2026

Art. 38 + Art. 39 + Annex VII — Regulation (EU) 2025/40

Declaration of conformity (DoC) and technical documentation

Every manufacturer must draw up an EU declaration of conformity for each packaging item placed on the market and compile the corresponding technical documentation. The DoC must be kept available for the market surveillance authorities.

In the absence of any stated retention period, apply the precautionary principle: 10 years minimum, in line with usual product-law practice.

1 Jul 2026 — France

AGEC law + Decree of 17 November 2025 — France only

Commercial packaging EPR (EPRO) — reporting and financial obligations

In France, the commercial packaging EPR comes into operational force on 1 July 2026. Eco-contributions start to accrue from this date, with no retroactive effect on the first half of the year.

A legal point to watch

The definition of "producer" in the EPRO commercial packaging EPR and in PPWR is not identical on every point. This divergence creates an area of interpretation worth keeping an eye on.

PFAS testing protocol

The 3-tier approach recommended by the Commission guidance (not legally prescriptive, but a practical reference)

1

Total fluorine test

An initial analysis by combustion or extraction. Measures the total fluorine present in the sample.

< 50 ppm → potentially compliant (move to step 2 if > 50 ppm)
2

Pyrolysis GC/MS

If the tier 1 test exceeds the threshold, determine whether the fluorine is organic or inorganic. Inorganic fluorine is not a regulated PFAS.

Organic fluorine < 50 ppm → potentially compliant
3

TOP assay (Total Oxidisable Precursors)

Direct verification of compliance with the regulatory thresholds. According to the Commission, any sample compliant at tier 1 is also compliant at tiers 2 and 3.

Regulatory thresholds: individual PFAS < 25 ppb / total PFAS < 250 ppb

Legal risk — no sell-off of existing stock

If your company has ordered large quantities of food packaging with a coating or grease-resistant barrier before 12 August 2026, and that packaging turns out not to meet the PFAS thresholds, it cannot be used after this date. The stock becomes a write-off. Managing this risk needs to be tackled immediately with the procurement teams.

How PPWR fits with the AGEC law — conflicts and areas of uncertainty

What is settled, what is debated, and what remains to be clarified

The governing legal principle

PPWR is a European Regulation (not a Directive). It takes precedence over national law under the principle of the primacy of EU law. Art. 4 §2 allows Member States to maintain more restrictive national measures only if they were adopted before 1 January 2025 and notified to the Commission.

Topic AGEC position PPWR position Status
Sorting label (Triman) Mandatory since 2022 New harmonised European system from 2028 Confirmed conflict
100% recyclability 2025 target (AGEC) Official criteria 2028, obligation 2030 Timetable divergence
Ban on fruit/veg < 1.5 kg Banned since 2022 (broad scope) Banned from 2030 (Annex V, different scope) Overlap
Household packaging EPR (Citeo) Operational since 2018, annual fee schedules Future modulation by PPWR recyclability classes (not yet defined) Inconsistency to come
10% beverage reuse target No equivalent quantified target 10% mandatory from 2030 for distributors Complementary

Documentation to compile — a legal checklist

What must exist in your documentary system before 12 August 2026

Urgent — before Aug 26 PFAS documentation
  • Supplier declaration of conformity (no PFAS above the thresholds) for each food packaging reference with a coating or surface treatment
  • Where the declaration is insufficient: an analysis report following the 3-tier methodology
  • Retention: 10 years minimum (recommendation)
  • Mandatory update with every change of supplier or formulation
Urgent — before Aug 26 Declaration of conformity — Art. 39
  • Identification of the packaging (nature, composition, use)
  • Reference to the PPWR essential requirements it is declared to comply with
  • Identification of the responsible manufacturer
  • Cross-reference to the associated technical documentation
  • Signature of the authorised representative
2026 — ongoing Register of roles — PPWR responsibility matrix
  • For each entity in the group: identification of its status (manufacturer / producer / importer / distributor) by packaging type and by EU market
  • The basis for the national EPR registrations once the registers open
  • To be updated with every change of structure, acquisition or new market

For the full roadmap of PPWR obligations, with every date and links to the source texts, see our interactive tool.

Full PPWR roadmap

Primary sources: Regulation (EU) 2025/40 — Articles 2, 5, 38, 39, Annexes III, VII. Commission guidance of 30 March 2026. AGEC commercial packaging EPR (EPRO) decree of 17 November 2025. This document is provided for information only and does not constitute legal advice.