EU PPWR FAQs Updated August 2026 - Flipbook - Page 57
Presumption of conformity with new or revised harmonised standards in support of PPWR will
again be possible from the date when a Commission decision listing the relevant harmonised
standards will be published in the Official Journal of the European Union. This publication of
references will allow the presumption of conformity to apply from that date onwards.
10) If a packaging is made from the same materials, but has different sizes, should a
declaration of conformity be drawn up for all sizes of or is just one declaration for all
sizes enough?
According to Annex VII, the manufacturer must draw up a written declaration of conformity for
each packaging type. The declaration of conformity must identify the packaging for which it has
been drawn up. The documentation shall make it possible to assess the packaging9s conformity
with the sustainability requirements, laid down in Article 5 3 12. The technical documentation must
specify the applicable requirements and cover, as far as relevant for the assessment, the design,
manufacture, use and operation of the packaging. For example, the assessment of the minimisation
requirement will depend on the packaged product whereas the assessment of recycled content might
depend on the weight of the packaging.
It follows that the declaration of conformity should be drafted at the level where packaging has the
same characteristics in view of the applicable requirements and the packaged products. Therefore,
if the products differ, a manufacturer should not draft a single declaration of conformity for all
packaging placed on the market.
Concretely, if bottles are of different sizes and contain the same product, and the difference in size
does not affect compliance with any of the requirements in Article 5 3 12, then the manufacturer
may draft a single declaration of conformity for the bottles.
Manufacturers must ensure that the series production of packaging remains in conformity with the
Regulation. They must consider if changes in packaging design or in its characteristics, as well as
changes in harmonised standards or other rules by reference to which conformity is declared or
verified, require reassessment.
11) Does transport packaging also require a conformity assessment and a declaration of
conformity?
There is no exemption for transport packaging. Indeed, completely different packaging types, such
as pallets, pallet collars, wrappings and straps, must undergo separate assessments and must have
separate declarations of conformity.
12) Who will monitor if the recyclability assessment carried out by the manufacturer is
correct?
The manufacturer is obliged to carry out the recyclability performance grade assessment. The result
of this assessment must be included in the technical documentation before the packaging is placed
on the market. Market surveillance authorities will carry out checks based on their national plans
and should apply penalties set at national level in accordance with Article 68.
13) Will economic operators face fines in case they place on the market packaging that is
PPWR-compliant but does not comply with national requirements?
To reply to this question, it is necessary to distinguish between:
1) additional national requirements adopted pursuant to Article 4(3) and
2) additional national requirements explicitly allowed in specific articles of the PPWR.
In the case under point 1), fines are not allowed as they have a deterrent effect on the economic
operators and may create market barriers. In the case under point 2), fines are allowed, given that
the Regulation explicitly empowers Member States to go beyond the Regulation. However, such
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