EU/Germany: PPWR National Implementation Back on Track

The EU Packaging and Packaging Waste Regulation (PPWR, Regulation EU 2025/40) applies in all EU Member States from 12 August 2026. Member States do not need to transpose it, because it is a regulation, not a directive. However, they can pass national legislation to cover areas where the PPWR allows for national decisions, such as producer registers, deposit systems, and extended producer responsibility (EPR) schemes. Germany prepared such a law, called the VerpackDG.

What the Commission objected to

On 18 May 2026, the European Commission issued a formal objection (a detailed opinion) under the TRIS procedure against the German VerpackDG draft. The Commission had two concerns. First, some definitions in the German draft appeared to change definitions that are already fixed by the PPWR. Second, some reporting rules in the German draft were different from what the PPWR requires.

Under TRIS rules, a detailed opinion automatically extends the standstill period by three months. This would have pushed the deadline to 17 August 2026, five days after the PPWR application date of 12 August 2026.

How Germany resolved it

The German Ministry submitted a written response explaining that the changed definitions only applied to areas that the PPWR does not harmonise, and that the different reporting rules were only temporary. The Commission accepted this explanation and withdrew its detailed opinion on 29 May 2026.

The Bundestag passed the VerpackDG on 11 June 2026. The Bundesrat still needs to vote before the law can enter into force on 12 August 2026.

What this means for your business

This case shows an important legal principle: national laws in EU Member States cannot change or repeat harmonised PPWR rules. They can only add rules in areas where the PPWR gives Member States a choice. If a national law goes further than that, the Commission will intervene.

For companies operating in multiple EU countries, this is worth noting. National packaging laws may differ in timing and scope, but the core PPWR obligations apply directly everywhere from 12 August 2026. These include rules on packaging design for recyclability, restrictions on unnecessary packaging, requirements for recycled content, and restrictions on certain substances including PFAS in food contact packaging.

Companies that have not yet reviewed their obligations under the PPWR directly should do so now. Waiting for national laws in each country to be finalised before starting the review process will not leave enough time to act before August.

Source: bundesumweltministerium.de