EU PPWR Now Applies: How to Handle Existing Stock, Goods in Transit and Pre-Produced Packaging

The Key Question Is Market Placement, Not Production or Shipping

Under the PPWR, placing on the market means the first making available of packaging, whether empty or containing a product, on the Union market. Making available covers supply for distribution, consumption or use in the course of a commercial activity, whether for payment or free of charge.

For packaging produced in the EU, physical delivery is not the only possible trigger. Once manufacturing is complete, an offer or agreement concerning the transfer of ownership, possession or another property right may be relevant. Companies should therefore review contracts and transaction evidence, rather than relying solely on warehouse location or delivery date.

For packaging or packaged products imported from outside the EU, the European Commission's PPWR guidance identifies release for free circulation at the end of the customs procedure as the relevant timestamp. Arrival at an EU port, placement in a bonded warehouse, temporary storage or other customs supervision does not, by itself, establish that the goods have already been placed on the EU market.

For a broader review of the Commission's 2026 interpretations on operator roles, PFAS and recyclability, see EU PPWR Guidance and FAQs: Key Packaging Compliance Clarifications for 2026.

How Should Different Inventory Statuses Be Handled?

The following matrix provides a general assessment. A final conclusion should be made by packaging type and batch, taking account of the transaction structure, customs status, relevant economic operators and the application date of the specific PPWR provision.

* Note: The date is used here as the PPWR's general application date. Where a specific provision has a different application date, use that provision-specific date. “Placing on the market” is a legal status, not a description of physical location or logistics status.

Can Stock Already Placed on the EU Market Continue to Circulate?

In general, yes, but this is not a blanket exemption for all old stock. Recital 14 explains that packaging already placed on the Union market before the date on which relevant requirements apply, and subsequently held by distributors, retailers or wholesalers, should not have to meet the sustainability and labelling requirements that take effect later.

The assessment must be batch-specific and evidence-based. A company should be able to show when and how the packaging was first placed on the market. Production records or shipping documents alone may not prove market placement.

Even where a stock batch qualifies under this principle:

• It must still have complied with the rules applicable when it was placed on the market, including relevant packaging, food-contact, chemical-restriction, product-safety and Member State requirements.

• Existing non-compliance is not cured by the passage of time. Where applicable obligations or operator responsibilities require corrective action, withdrawal or recall, those duties may still apply.

• The conclusion should not be extended from one packaging type or batch to another without supporting traceability and transaction records.

What If Packaging or Documentation Is Incomplete?

1. Missing Documents or Operator Information

A documentation gap is not the same as a material or design defect. Companies should first determine whether missing traceability information, technical documentation, an EU Declaration of Conformity (DoC) or supply-chain evidence can lawfully be completed. Adding documents cannot cure a packaging composition or design that fails an applicable requirement.

For traceability and operator information, companies should check:

• Manufacturer identification: Packaging should in principle carry a type, batch, serial number or another suitable identifier, with accompanying-document alternatives only where the packaging's size or nature makes direct information impracticable.

• Manufacturer details: The manufacturer name, registered trade name or trademark and contact details should be provided on the packaging, through an allowed QR code or other standardised open digital data carrier, or in accompanying documentation where permitted.

• Importer details: The importer name, registered trade name or trademark and contact details should be provided using an alternative carrier or accompanying document only where the Regulation allows it.

For imports still in transit, documentation and permitted marking gaps must be resolved before release for free circulation. Relabelling, repacking or adding materials in a bonded or customs-supervised area may require customs authorisation and may not always be operationally feasible.

2. The Packaging Itself Is Non-Compliant

A declaration, certificate or test report cannot repair a non-compliant packaging material, structure or design. Depending on the requirement and the facts, a company may need to replace the packaging, change materials, segregate or rework batches, adjust the supply arrangement, or pursue another legally permissible corrective route before market placement.

3. Do Not Apply the 2030 Recyclability Grades in 2026

Article 6(1), which establishes that all packaging placed on the market must be recyclable, has applied since 12 August 2026. However, the detailed design-for-recycling condition in Article 6(2)(a) applies later, from 1 January 2030 or 24 months after the relevant delegated act enters into force, whichever is later.

The Commission guidance explains that, until the detailed design-for-recycling criteria apply, manufacturers should assess recyclability in accordance with the former Packaging and Packaging Waste Directive framework and relevant harmonised standards, such as EN 13430:2004. The Article 38 and Annex VII PPWR conformity assessment for recyclability is not required before the relevant Article 6(4) delegated act enters into force. This does not remove conformity or documentation duties that apply to other PPWR requirements.

4. Traceability Information Is Not the Same as the Future Harmonised Label

Operator identification and batch traceability requirements should not be confused with the future EU harmonised material-composition and sorting labels under Article 12. The general harmonised material-composition label applies from 12 August 2028 or 24 months after the relevant implementing acts enter into force, whichever is later. Reusable-packaging labelling follows a separate timeline. Companies should therefore avoid stating that every PPWR label became mandatory on 12 August 2026.

5. PFAS in Food-Contact Packaging Has No General Stock-Exhaustion Transition

For food-contact packaging, the Article 5(5) PFAS limits have applied since 12 August 2026. Packaging produced before that date but first placed on the market afterwards does not benefit from a general sell-through period and must comply with the applicable PFAS limits.

Food-contact packaging placed on the market before 12 August 2026 may remain on the market and does not need to be withdrawn solely because the new PPWR PFAS limits have begun to apply. The Commission guidance also confirms that packaging containing recycled material does not receive a separate PFAS exemption.

Five Actions Companies Should Take Now

1. Build a packaging inventory. Map packaging type, SKU, manufacturer, supplier, material structure, food-contact status, filling status, shipment status, expected customs clearance and EU storage location.

2. Classify each batch by market-placement status. Use three categories: placed before the relevant application date; placed or expected to be placed after it; or insufficient evidence. Do not substitute production or shipping dates for the market-placement assessment.

3. Map provision-specific dates. Separate substance restrictions, recyclability, reusability, operator information, technical documentation and future harmonised labels instead of treating 12 August 2026 as the start date for every PPWR obligation.

4. Close gaps before release or market placement. Coordinate manufacturers, importers, suppliers, logistics providers and customs specialists on missing documentation, permitted marking, packaging modification and batch segregation.

5. Preserve evidence. Keep contracts, orders, invoices, records of ownership or possession transfer, transport documents, customs declarations, release records, warehouse status and batch-to-document mapping.

How REACH24H Can Support Current PPWR Compliance

A reliable inventory decision requires legal timing, customs status, packaging composition and operator roles to be assessed together. Through its dedicated EU PPWR packaging compliance services, REACH24H supports global companies with:

• PPWR applicability assessment and manufacturer, importer and producer role mapping;

• Compliance gap reviews for existing inventory and goods in transit;

• PFAS support for food-contact packaging and heavy-metal testing strategy;

• Recyclability and re-use assessment; and

• Technical documentation and EU Declaration of Conformity preparation.

Recommended Reading

• EU PPWR Packaging Compliance Services for Brands

• EU PPWR Guidance and FAQs: Key Packaging Compliance Clarifications for 2026

Official References

• Regulation (EU) 2025/40 on packaging and packaging waste

• Commission Notice C/2026/3702: Guidance document for Regulation (EU) 2025/40

• European Commission: Packaging waste