Can Customs Stop a Shipment Over the PPWR? Border Controls on Imported Packaging and Packaged Goods
Can Customs Stop Imported Packaging Under the PPWR?
Yes. Article 66 of Regulation (EU) 2025/40 adds the PPWR to Annex I of Regulation (EU) 2019/1020, the EU framework for controls on products entering the Union market. Under Article 26 of Regulation (EU) 2019/1020, border control authorities suspend the release for free circulation of a product that lacks the documentation its Union law requires.
Two customer meetings raised the question. On 1 October 2026, a manufacturer whose range includes chemical products told us it feared delays or holds at customs. On 7 October 2026, a company that sources about 95% of its materials outside Europe, mostly in China, asked how to document its compliance. This article covers the border. The two chains of obligations behind an import are set out in our article on importer obligations and non-EU manufacturers, and inspections inside the market in our article on enforcement since 12 August 2026.
Key Facts
- Under Article 66 of Regulation (EU) 2025/40, Regulation (EU) 2025/40 is added as point 75 of Annex I to Regulation (EU) 2019/1020.
- Under Article 26(1) of Regulation (EU) 2019/1020, release for free circulation is suspended when a product is not accompanied by the documentation required by the Union law applicable to it.
- Under Article 27 of Regulation (EU) 2019/1020, the release for free circulation shall not be deemed to be proof of conformity with Union law.
- Regulation (EU) 2025/40 applies to all packaging, regardless of material, whether household, commercial or industrial, under Article 2(1).
- Article 39(2) provides that the EU declaration of conformity has the model structure set out in Annex VIII, contains the elements specified in the module in Annex VII, and is continuously updated.
Which Authority Controls Packaging at the EU Border?
The authority that controls packaging at the EU border is the authority designated by each Member State under Article 25(1) of Regulation (EU) 2019/1020: customs, one or more market surveillance authorities, or any other authority in its territory. Under Article 25(3) of Regulation (EU) 2019/1020, those designated authorities perform their controls on the basis of risk analysis.
Release for free circulation is the customs procedure laid down in Article 201 of Regulation (EU) No 952/2013, as Regulation (EU) 2019/1020 defines it. Article 2(2) of Regulation (EU) 2019/1020 applies its Articles 25 to 28 to products covered by Union law, in so far as no specific provisions on such controls exist.
Regulation (EU) 2025/40 adds its own link between inspectors and the border. Article 61(1) requires market surveillance authorities to communicate their Article 58(5) measures to the authorities designated under Article 25(1) of Regulation (EU) 2019/1020 where the non-compliance is not restricted to their territory. Under Article 61(3), that communication is entered in the relevant customs risk management environment.
Recital 174 of Regulation (EU) 2025/40 sets the priority: border interventions "should focus primarily on packaging subject to prohibition measures taken by market surveillance authorities". In such cases, the recital adds, "customs will aim at identifying and stopping this packaging at the borders". The recital covers packaging imported as standalone packaging or with a packaged product.
What Can Trigger a Suspension of Release for Free Circulation?
Under Article 26(1) of Regulation (EU) 2019/1020, the designated authorities suspend release for free circulation when a control shows missing or doubtful documentation, marking or labelling that does not follow the applicable Union law, or another cause to believe the product does not comply. Under Article 26(3), market surveillance authorities with reasonable grounds request it.
| Trigger in Article 26(1) of Regulation (EU) 2019/1020 | What it can mean for packaging | Provision of Regulation (EU) 2025/40 |
|---|---|---|
| (a) Documentation missing, or reasonable doubt about its authenticity, accuracy or completeness | No declaration of conformity, or one that does not identify the packaging shipped | Article 15(2), Article 18(2)(c), Article 39 |
| (b) Not marked or labelled in accordance with the applicable Union law | No identification number, no manufacturer contact details, no importer contact details | Article 15(5), Article 15(6), Article 18(3) |
| (e) Other cause to believe that the product does not comply, or presents a serious risk | Packaging already subject to a prohibition measure communicated under Article 61 | Article 58(5), Article 61 |
The harmonised sorting label is not yet a marking requirement: Article 12(1) applies it from 12 August 2028 or 24 months from the entry into force of the implementing acts under Article 12(6) or (7), whichever is the latest.
What Happens After Customs Suspends a Shipment?
Under Article 27 of Regulation (EU) 2019/1020, a suspended product is released once the other formalities are fulfilled and either the market surveillance authorities have not asked, within four working days of the suspension, to maintain it, or they have approved the release. Under the same Article 27, release is not proof of conformity.
Where market surveillance authorities conclude that a product does not comply with the Union law applicable to it, Article 28(2) of Regulation (EU) 2019/1020 requires them to prohibit its placing on the market and to require the designated authorities not to release it. The notice reads "Product not in conformity — release for free circulation not authorised — Regulation (EU) 2019/1020".
Inside the market, Regulation (EU) 2025/40 applies its own procedures. Article 58(1) has market surveillance authorities require corrective measures, and Article 58(5) provides for provisional measures where they are not taken. Article 62(1) lists formal non-compliance, including a missing declaration of conformity and technical documentation that is not available. Under Article 62(2), a Member State prohibits the making available of such packaging where those points persist. Under Article 68(1), Member States lay down the rules on penalties by 12 February 2027.
Who Is the Importer and Who Is the Manufacturer When Goods Come From Outside the EU?
Under Article 3(1)(17) of Regulation (EU) 2025/40, an importer is any natural or legal person established within the Union that places packaging from a third country on the market. Under Article 3(1)(10), placing on the market covers packaging whether empty or with a product, so the importer of a packaged product also imports its packaging.
A manufacturer under Article 3(1)(13) of Regulation (EU) 2025/40 is the person that manufactures packaging or a packaged product, or that has it designed or manufactured under its own name or trademark. Under Article 21, an importer that places packaging on the market under its own name or trademark is considered a manufacturer and takes on the obligations of Article 15.
| Situation | Manufacturer | EU company |
|---|---|---|
| An EU distributor buys empty boxes, bottles or film from a plant in China | The plant in China, under Article 15 | Importer, under Article 18 |
| An EU brand has its goods packed in China under its own brand | The EU brand, under Article 3(1)(13)(a) and Article 21 | Manufacturer, and the plant is its supplier under Article 16 |
| An EU company imports goods packed and branded by their maker in China | The maker in China, under Article 15 | Importer, under Article 18 |
The pallet and the film around those goods count too. Under Article 6(1), all packaging placed on the market shall be recyclable, an obligation that has applied since 12 August 2026, transport packaging included. The micro-enterprise exceptions of Article 3(1)(13)(b) and Article 21 require a supplier in the same Member State or in the Union, so neither moves the manufacturer role to China. Registration as a producer is a separate chain, covered in our article on non-EU sellers and online marketplaces.
Which Documents Should an Importer Be Able to Produce?
An importer of packaging should be able to produce, for each packaging it places on the market, a copy of the EU declaration of conformity and the Annex VII technical documentation on request. Under Article 18(7) of Regulation (EU) 2025/40, the importer keeps both available for 5 years, or 10 years for reusable packaging.
| Document or information | Basis in Regulation (EU) 2025/40 | Who draws it up, who holds it |
|---|---|---|
| EU declaration of conformity, on the Annex VIII model | Article 15(2), Article 39(2) | Drawn up by the manufacturer; a copy kept by the importer under Article 18(7) |
| Technical documentation | Annex VII, Article 18(2)(a) | Drawn up by the manufacturer; the importer ensures it exists and can be made available |
| Supplier information and documentation | Article 16(1) | Provided by the supplier to the manufacturer |
| Type, batch or serial number, manufacturer contact details | Article 15(5), Article 15(6) | On the packaging, or as those paragraphs allow otherwise |
| Importer name and postal address | Article 18(3) | On the packaging, or via a data carrier or an accompanying document |
Under Article 18(2) of Regulation (EU) 2025/40, before placing packaging on the market, the importer ensures that the manufacturer has carried out the Article 38 conformity assessment and drawn up the technical documentation, and that the packaging is accompanied by the required documents. Under Article 18(8), the importer provides a national authority, on reasoned request, with the documentation within 10 days, in a language that authority can easily understand.
Neither text, as read here, lists which PPWR documents must travel with each consignment. A practical answer is to keep the declaration and the technical documentation retrievable by packaging reference and by shipment.
How Do You Obtain These Documents From a Supplier in China?
An importer obtains PPWR documents from a supplier in China by asking, per packaging reference, for the EU declaration of conformity on the Annex VIII model and for the technical documentation or a commitment to provide it on request. Under Article 15 of Regulation (EU) 2025/40, the manufacturer draws up both, wherever it is established.
- Name the packaging. One request per packaging reference, not one letter for the company. Annex VII, point 4, provides for a declaration of conformity for each packaging type.
- Ask for the declaration. On the Annex VIII model, identifying the packaging by the type, batch or serial number of Article 15(5).
- Agree on the technical documentation. A copy, or a written route to obtain it within the 10 days of Article 18(8).
- Ask for component evidence. Under Article 5(4), the 100 mg/kg limit on the sum of lead, cadmium, mercury and hexavalent chromium applies in the packaging or in any packaging component, and concentrations are never added up across components.
- Ask for a change notice. Under Article 15(4), manufacturers take changes in packaging design or characteristics into account and re-assess conformity where it could be affected.
When you are the manufacturer, the plant in China is your supplier, and Article 16(1) requires suppliers to provide the manufacturer with the information and documentation needed to demonstrate conformity, in a language the manufacturer easily understands. Article 17(1) provides that a manufacturer may appoint an authorised representative by written mandate; the word is "may". What makes a supplier document usable evidence is covered in our articles on what counts as supplier evidence and on heavy-metal supplier statements.
What Does the Referential Not Confirm?
Our dated PPWR referential (baseline reviewed 3 October 2026) confirms the Key Facts on Article 2(1) and Article 39(2), and the Article 6(1) and Article 5(4) sentences. The points below were read on the Official Journal text of Regulation (EU) 2025/40, not recorded in our referential, or read on EUR-Lex.
- Articles 3(1)(10), (13), (16) and (17), 12(1), 15, 16(1), 17(1), 18, 21, 58, 61, 62, 66 and 68(1), Annex VII, point 4, and recital 174 of Regulation (EU) 2025/40, as quoted or summarised here.
- Articles 2(2), 3 and 25 to 28 of Regulation (EU) 2019/1020, read on EUR-Lex on 8 October 2026, outside the scope of our PPWR referential.
- Three readings: the importer of a packaged product also imports its packaging; the micro-enterprise exceptions do not move the manufacturer role outside the Union; neither text lists the PPWR documents that must travel with each consignment.
Frequently Asked Questions
Does customs release prove that packaging complies with the PPWR?
No. Under Article 27 of Regulation (EU) 2019/1020, the release for free circulation shall not be deemed to be proof of conformity with Union law. Articles 58 and 62 of Regulation (EU) 2025/40 still apply after release.
Does customs check every container for PPWR compliance?
No provision requires it. Under Article 25(3) of Regulation (EU) 2019/1020, controls follow risk analysis, and recital 174 of Regulation (EU) 2025/40 directs border interventions primarily at packaging already subject to prohibition measures.
How PPWR Connect Helps
PPWR Connect is software: it is not a customs broker, an authorised representative, a notified body or a laboratory. A supplier PDF such as a test report, a certificate or a datasheet is read by the platform and filed as evidence against the SKU for the Declaration of Conformity. Each recorded value keeps where it came from: manual entry, import or supplier document. A Declaration or certificate can state which market it covers. The Academy course Substances & Supplier Data, added on 3 October 2026, covers what a brand must ask and what a supplier must provide under Article 16, and the supplier file. To see which imported packaging still lacks a declaration, start with our PPWR compliance software or the PPWR readiness assessment.
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Rutherford (rutherford.fr) develops production control software for offset printers and converters, including ColorLoop. Veoria (veoria.com) develops inline colour measurement for label and packaging presses, including DeltaOne.