The PPWR is now in force. Here’s what a company that has not brought its packaging into line really faces

12 August 2026 marked the deadline that many companies had been waiting for, hoping that ‘things would work out somehow’. The PPWR Regulation (Packaging and Packaging Waste Regulation, EU 2025/40) is no longer just a proposal – it has come into force across all 27 EU countries, with no transition period and no leniency for companies that have not managed to comply in time. Anyone who, from this day onwards, places packaging on the market that does not meet the requirements risks consequences that are rarely described explicitly – and which, in practice, are more painful than the financial penalty itself.

Below are the specific consequences of non-compliance, as they stand today – along with the legal basis and actual amounts

1. No transition period – even old stock will not be allowed onto the market

This is the point that takes most companies by surprise. From 12 August 2026, packaging that does not comply with the PPWR cannot be placed on the EU market, regardless of when it was manufactured. Stock produced before that date, if it does not meet the new requirements, simply cannot be sold – it remains tied up in the warehouse as a dead cost.

In practice, this means that companies which had hoped to sell off their ‘old’ packaging without any hassle now face a choice: costly reprinting or redesign, or the disposal of existing stock.

2. Substantial fines – and this is not the only financial risk

Poland’s implementing legislation for the PPWR (draft UC100) is still at the legislative stage, but the direction is already clear:

• up to 2,000,000 PLN – an administrative fine for placing packaging on the market that does not comply with Articles 5–12 of the PPWR (including design requirements, substance restrictions and recyclability),
• from 5,000 to 1,000,000 PLN – a fine for a missing or out-of-date entry in the BDO register,
• by 12 February 2027, Member States are required (under Article 68 of the PPWR) to introduce their own system of sanctions – this must be effective, proportionate and dissuasive, so the amounts are unlikely to decrease.

Importantly: market surveillance authorities can already order the withdrawal of a non-compliant product from the EU market at the company’s expense – regardless of whether the national law on penalties comes into force in time. The mere absence of Polish implementing regulations is no ‘loophole’, as the PPWR, being an EU regulation, is directly applicable without the need for transposition.

3. Goods being held up is more painful than the fine

Experts in the field of inspections highlight something that is rarely discussed: for an importer or distributor, goods being held up at the border or in a warehouse can be more damaging than the financial penalty itself. Storage costs, a disrupted supply chain, unfulfilled orders and missed delivery deadlines arise immediately – even before any authority has had time to issue an administrative decision. The first inspections following 12 August may be selective, but they may already result in goods being held up.

4. E-commerce platforms are starting to block accounts themselves

This is one of the less obvious, yet most immediately felt, consequences. Major marketplaces (including those operating in Poland) are increasingly checking whether sellers hold a valid BDO registration number and have fulfilled their extended producer responsibility (EPR) obligations – and are blocking the accounts of sellers who do not. This is not an administrative penalty imposed by a regulatory body, but a business decision by the platform – and it means the immediate loss of a sales channel, with no recourse to an administrative court.

5. Loss of contracts – sooner than required by law

Large retail chains and Western European distributors already treat compliance with the PPWR as a prerequisite for cooperation, rather than an ‘additional advantage’. In practice, this means:

• new checklists and environmental questionnaires in supplier qualification processes,
• a requirement to submit an EU declaration of conformity and technical documentation before signing or renewing a contract,
• automatic rejection of tenders without a complete set of documents.

And here’s the crux of the matter: the contract is terminated by the contractor’s procurement department, not by a court or a regulatory body. There is no administrative decision, no right of appeal, no vacatio legis – just an email informing the other party that the cooperation has ended.

6. Companies importing from outside the EU have an additional obligation

From 12 August 2026, companies importing packaging from outside the European Union must appoint an authorised representative for extended producer responsibility (EPR, Article 45 of the PPWR). The absence of such a representative constitutes a separate breach of the regulation – regardless of whether the packaging itself meets the material requirements.

What this set of consequences means in practice

The PPWR is no longer a draft or a proposal – it is binding law, which already determines whether a product can legally be placed on the shelves in the EU. Companies that have not verified their packaging do not lose out ‘in theory’ – they lose out in reality: contracts, access to sales platforms and supply chain fluidity.