The EU Declaration of Conformity for packaging – a document the absence of which could cost you dearly

From 12 August 2026, the PPWR Regulation (EU 2025/40) will apply directly in all European Union countries. Among the dozens of new obligations, there is one that companies most often overlook – because it does not involve investment in new packaging, but rather a piece of paper. Or rather: the lack of it.

We are talking about the EU declaration of conformity – a document which, in accordance with Annex VIII of the PPWR, must accompany every type of packaging placed on the EU market. And whilst this may sound like a mere formality, in practice, the absence of such a document can result in goods being held up at the border, a contract with a customer being blocked, or a financial penalty.

This is not a document ‘for later’

Many companies assume that a declaration of conformity is something that can only be prepared once the supervisory authority has made contact. This is a mistaken assumption – for several reasons.

Firstly, market surveillance authorities are required to verify – on the basis of a risk assessment – the accuracy of at least some of the declarations of conformity submitted by businesses each year. The declaration must therefore be in place before anyone asks for it; it should not be produced at short notice.

Secondly, simply gathering the data needed to draw it up – information on materials, the design process, and compliance with requirements concerning, amongst other things, minimisation or recyclability – can be time-consuming. If this data is not collected on an ongoing basis, in practice it is impossible to prepare a reliable declaration ‘overnight’.

Thirdly, the declaration of conformity is not a document that applies exclusively to large packaging manufacturers. The obligation applies to any entity acting as a manufacturer within the meaning of the PPWR – and therefore also to companies that commission the production of packaging under their own brand, import goods in packaging from outside the EU, or design packaging in-house, even if they do not physically manufacture it themselves.

Co się dzieje, gdy deklaracji nie ma

The absence of a declaration of conformity – or a declaration drawn up hastily, without being supported by the actual technical documentation – gives rise to several scenarios, none of which are favourable for the company:

• Goods being detained at the border. During an import inspection, the absence of a document confirming the conformity of the packaging may result in customs clearance being suspended, regardless of whether the product itself meets the requirements.
• The need to recall packaging from the market. Even if the initial inspection does not result in a financial penalty, it may lead to an order to recall batches of packaging already placed on the market – which entails real logistical and reputational costs.
• Loss of contracts within the supply chain. An increasing number of major customers – retail chains, FMCG manufacturers, e-commerce platforms – are beginning to require suppliers to provide a declaration of conformity as a condition of cooperation. The absence of this document may exclude a company from a tender process even before any official inspection takes place.
• Risk of financial penalties. The Polish Act setting out the exact penalty rates is still going through the legislative process, but the mere absence of national legislation does not exempt companies from the obligations arising from the EU Regulation, which is directly applicable.

Particularly fertile ground: supply chains involving multiple parties

The risk increases where several companies are involved in the process – the packaging manufacturer, the brand commissioning production, the distributor, and the importer. In such arrangements, it is easy for a situation to arise in which each party assumes that the documentation has been prepared by someone else. The result: no declaration is produced, and liability – in the event of an inspection – still falls on the specific entity designated in the regulation as responsible for placing the packaging on the market.

Why this is an issue for now, not for next year

Inspections after 12 August 2026 are to cover requirements that are already in force – and the obligation to hold a declaration of conformity and technical documentation falls precisely into this category. This is therefore not a distant date on the PPWR implementation timetable , but a requirement that applies to companies right now, regardless of the fact that other elements of the regulation – such as recyclability classes or void space limits – are coming into force gradually, up until 2030.

Companies that are unsure whether their packaging is subject to this obligation, whether the documentation they hold meets the requirements of Annex VIII, and what their actual role in the supply chain is within the meaning of the PPWR, should verify this as soon as possible – before the market surveillance authority does so on their behalf.