▪︎ PPWR
Implementation of the PPWR in Germany: EU Commission Withdraws Opinion on Germany's Draft Packaging Act
The European Commission has now withdrawn its previously issued opinion on Germany’s draft revised Packaging Act. Following extensive consultations, it concluded that the regulations submitted by Germany are, in essence, compatible with the European requirements of the PPWR. This development highlights the complexity of harmonizing national legislation with EU law in the area of the circular economy.
Criticism by the Commission of the Draft New Packaging Act
In February 2026, Germany submitted a draft Packaging Act to the European Commission to implement the European Packaging and Packaging Waste Regulation (PPWR). However, in May, the Commission raised significant concerns in the so-called TRIS procedure (Technical Regulation Information System). In particular, it criticized the fact that the German draft redefines or modifies key terms such as “material recycling,” “distributor,” and “plastic packaging.” This, it argued, could lead to inconsistencies within the internal market and undermine the intended harmonization.
Furthermore, the Commission objected that Germany directly adopts certain requirements from the PPWR regarding the registration of producers and extended producer responsibility (EPR), while also introducing additional reporting obligations, specifically a quarterly reporting requirement. These go beyond the European requirements, which only require annual reporting.
Clarifications by Germany
In its response, Germany clarified that the points raised were due to translation errors or misunderstandings of the existing German packaging law and recycling system. For example, no new definition of “material recycling” is introduced; rather, the term “mechanical recycling” is specified within the scope allowed by national discretion. The introduction of the term “Inverkehrbringer” (“entity placing products on the market”) instead of “distributor” is intended primarily to avoid jeopardizing the existing, nationally established deposit and return system.
Germany also explained that the definition of single-use plastic packaging is aimed at implementing the Single-Use Plastics Directive and is explicitly not intended to expand the scope of European packaging regulations. Regarding the EPR rules, it emphasized that these apply only temporarily to the current national register and will later be replaced by European requirements.
Reassessment by the Commission
The European Commission accepted these explanations and withdrew its opinion at the end of May. At the same time, it made clear that Germany must adjust its national rules on producer responsibility in good time once the European deadlines for establishing a corresponding register take effect.
With the objections removed, Germany can now proceed with the legislative process. There is a need for urgency, as the Packaging Act is scheduled to enter into force at the same time as the PPWR becomes effective: August 12, 2026.
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