Obligations of proof for producers: assessing, declaring and documenting compliance
As a manufacturer, you are usually responsible for ensuring that your packaging meets the requirements of the PPWR and for being able to provide evidence of this. We explain what this means in practical terms for your business. The PPWR requires producers to undertake a formal conformity assessment procedure, which results in a declaration of conformity. Both have been in force since 12 August 2026 and are closely linked: without a assessed procedure, there can be no valid declaration.
How the verification works
From assessment to explanation
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Step 1: Carry out the conformity assessment procedure
- Checks whether your packaging meets the requirements set out in Articles 5–12 (material requirements, design for recycling, etc.)
- The result is recorded in the technical documentation
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Step 2 – Issue a declaration of conformity
- Mandatory from 12 August 2026
- Must comply with the model set out in Annex VIII to the Regulation and be drafted in the official language of the relevant Member State
- Must be kept up to date at all times
- Important: Where several pieces of applicable EU legislation apply, a single, consolidated declaration is sufficient
- By issuing this declaration, you, as the manufacturer, assume responsibility for the conformity of the packaging
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Step 3 – Keep your records
- 5 years for single-use packaging
- 10 years for reusable packaging
- In both electronic and paper form
- In the event of design changes: repeat the assessment procedure
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Step 4 – Respond to changes or non-conformities
- Corrective actions in the event of identified non-conformity
- Withdrawal from the market or recall, where applicable
- Notification to the market surveillance authority
Note
The competent authorities carry out annual risk-based checks on a proportion of the declarations of conformity. In the event of non-compliance, measures may be taken, including the withdrawal of products from the market.
Who is considered a producer in this context?
Importers or distributors who place packaging on the market under their own name or make changes to it that affect its conformity are also regarded as producers and are subject to the same obligations.
Good to know: Existing reusable packaging
Reusable packaging that was already placed on the market before the PPWR came into force may continue to be marketed until the end of its service life – without having to subsequently meet the requirements of Articles 5–12.
Note on labelling requirements
In addition to the declaration of conformity, the PPWR stipulates that, from 12 August 2026, packaging must be labelled with a unique identification number, name/brand and contact address – where applicable, also via a QR code or digital data carrier.
FAQ
Frequently asked questions about the duty to provide evidence
The assessment is the verification procedure set out in Article 38 and Annex VII of the PPWR. The declaration is the resulting official document referred to in Article 39.
5 years for single-use packaging, 10 years for reusable packaging, in both electronic and paper form.
Yes, a design change requires the assessment procedure to be carried out again.
You must take corrective action, withdraw the goods from the market or recall them where necessary, and inform the market surveillance authority.
No, where several EU regulations apply, a single consolidated statement is sufficient – provided it is in the relevant national language.
Reusable packaging placed on the market before the PPWR came into force may continue to be marketed for the remainder of its useful life without having to comply retrospectively with the requirements of Articles 5–12.
Contact
Conformity assessment, declarations, documentation – we can help you make the process workable for your specific packaging requirements.
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Curious about packaging and company news? Subscribe to the Klingele newsletter "Packendes" and stay informed - directly in your mailbox!