“Packaging [and products contained therein] shall only be placed on the market if it complies with this Regulation.” This is the unequivocal new requirement under Article 4(1) of the new EU Packaging Regulation (PPWR). The PPWR sets out binding requirements covering the entire life cycle of packaging and, in Article 4, makes compliance a prerequisite for placing products on the market. In short: “no compliance, no market.” It applies to all packaging, regardless of material or sector, and addresses all economic operators in the supply chain.
Why franchise and distribution systems are particularly affected
- Functional role-based logic is decisive as opposed to contractual labels. Obligations are linked to the actual role (manufacturer, importer, distributor, etc.); each operator must ensure ‘their own’ compliance.
- Brand owners as manufacturers. Anyone who designs or has packaging/packaged products manufactured under their own name or brand is considered a manufacturer within the meaning of the PPWR.
- Role reversal for importers/distributors. Anyone who places packaging on the market under their own name or brand or modifies packaging already on the market in such a way that compliance may be affected, is treated as a manufacturer – with all the associated obligations.
- EPR producer in general. For Extended Producer Responsibility (EPR), a “producer” is the person who first makes packaging or packaged products available in the relevant Member State; distance sellers (including those from third countries) may also be manufacturers if they supply directly to end-users in another Member State.
Core obligations for ‘manufacturers’ – what will matter in practice from August 2026 onwards
- Market access only if compliant. Packaging (and therefore: products in packaging!) may only be placed on the market if it complies with the PPWR.
- Conformity assessment and evidence. Manufacturers must ensure conformity through internal production control, draw up an EU declaration of conformity and keep the technical documentation available; unlike under standard product safety law, however, no CE marking is required for packaging.
- PFAS in food contact packaging. From 12 August 2026, a PFAS ban/limit values will apply to food contact packaging (FCM packaging) (25 ppb per PFAS; 250 ppb total; 50 ppm total fluorine including polymeric PFAS), to be demonstrated in the technical documentation.
- Design and material specifications. The presence and concentration of substances of concern must be minimised; in the long term, recyclability, minimisation and (from 2030) minimum recycled content are key criteria.
- Duties of care in the supply chain. Importers must ensure that producers have established compliance and prepared the documentation; furthermore, importer details must be displayed on the packaging. Distributors must act with due care and must not organise their handling in a way that compromises compliance.
Core obligations for producers / EPR in franchise networks: Who is the ‘producer,’ who registers, who pays?
- Attribution based on ‘first making available.’ The EPR ‘producer’ is the economic operator (producer/importer/distributor) established in a Member State who first makes packaging or packaged products available there; additionally, a producer is anyone who supplies directly to end-users in another Member State via distance selling.
- Registration requirement and market ban without registration. Producers must register in national registers; without registration, no packaging or packaged products may be made available in the relevant Member State.
- Platforms and fulfilment providers as gatekeepers. Online platforms must obtain and verify registration and EPR information before activating sellers; fulfilment service providers must suspend services if information is missing or incorrect.
Practical implications for franchising/distribution: EPR obligations are territorial. Frequently, the franchisee/importer in the target market is the EPR ‘manufacturer,’ even if the franchisor controls specifications and branding.
Timeline for the obligations
- From 12 August 2026
- PFAS restriction for food contact packaging; evidence to be provided in the technical documentation.
- From 12 August 2028
- Repeal of the previous Decision 97/129/EC on material labelling; transition to harmonised EU labelling/symbols (including waste bin labels) via implementing acts.
- From 1 January 2029
- Deposit-return schemes (DRS) for single-use beverage bottles/cans must meet the minimum requirements, unless a 90% separate collection target has already been achieved by then.
- From 1 January 2030 / 2035 / 2038
- Recycling grade labelling (A/B/C) will be mandatory from 2030; packaging below grade C is considered technically non-recyclable and will face restricted market access; from 2035, ‘recycled at scale’ will be a requirement; from 2038, a minimum grade of B will be required.
Recommendations for action for franchise and distribution systems
- Clearly map roles (according to country): Who is the manufacturer (conformity) and who is the EPR producer (first placing on the Union market)? Consider distance selling and ‘unpacking’ scenarios.
- Ensure “Day 1” conformity: technical documentation, EU declaration of conformity, PFAS compliance for FCM packaging; incorporate importer/distributor checks into SOPs.
- Establish EPR governance: Plan registration per target country, PRO model and fee modulation; contractually define platform/fulfilment gatekeeping and ensure it is auditable.
- Contract and labelling strategy: Clearly define responsibilities, information flows (supplier information), corrective measures and exemptions; make branding decisions in light of producer liability.
- Roadmap 2026–2030: Launch early Design for Recycling Reviews (DRS), empty space minimisation and recycled material planning; prepare DRS and label changes in good time.
Practical tips
- “Packaging [and products contained therein] may only be placed on the market if it complies with this Regulation.” This means no placing on the market without PPWR compliance.
- Market surveillance authorities may require corrective measures and, if necessary, prohibit the making available; for imports, conformity assessment must be ensured.
- All packaging placed on the market must be recyclable – the bar will be raised with recycling rates from 2030/2038.
