The PPWR Declaration of Conformity, Read from Annex VIII: What It States, for Which Packaging, for How Long
What Does a PPWR Declaration of Conformity State?
Since 12 August 2026, packaging placed on the EU market is covered by an EU declaration of conformity drawn up by its manufacturer. Under Article 39(1) of Regulation (EU) 2025/40, the declaration "shall state that the fulfilment of the requirements laid down in or pursuant to Articles 5 to 12 has been demonstrated". That sentence is the whole substance of the document: it points at Articles 5 to 12, not at an annex and not at a category of requirements.
Many declaration templates in circulation, ours included until 29 October 2026, declared conformity with the "essential requirements of Annex II". Regulation (EU) 2025/40 contains no category of "essential requirements", and its Annex II is the annex on recyclability. On 29 October 2026 we re-issued our EU declaration of conformity template as version 2. This article explains what we changed and why, provision by provision, so that a manufacturer signing a declaration, or an importer receiving one, can check any template against the text. Nothing here is legal advice.
Key Facts
- The declaration states that the requirements laid down in or pursuant to Articles 5 to 12 have been demonstrated (Article 39(1)), after the conformity assessment procedure of Annex VII (Article 38).
- The manufacturer draws up a written declaration for each packaging type (Annex VII, point 4), not for each unit.
- The declaration follows the model structure of Annex VIII and is continuously updated (Article 39(2)).
- The manufacturer keeps it with the technical documentation for 5 years from the date the packaging was placed on the market, 10 years for reusable packaging (Article 15(3)).
- It is drawn up in, or translated into, the language or languages required by the Member State where the packaging is placed or made available on the market (Article 39(2)).
- By drawing it up, the manufacturer assumes responsibility for the compliance of the packaging (Article 39(4)).
Why Do So Many Templates Cite "Essential Requirements of Annex II"?
Because that is the vocabulary of Directive 94/62/EC, which Regulation (EU) 2025/40 replaced. Under the Directive, packaging had to meet "essential requirements" listed in its own Annex II. The Regulation moved those obligations into Articles 5 to 12 and gave the number II to a different annex: Annex II of Regulation (EU) 2025/40 sets out the packaging categories, the design-for-recycling grades and the parameters of recyclability assessment.
One piece of the old vocabulary survives for a while. Article 70(1)(b) keeps Article 9(1) and (2) of Directive 94/62/EC applying "with regard to the essential requirements pursuant to point 1, first indent, of Annex II to that Directive until 31 December 2029". That first indent is the Directive's requirement on keeping packaging weight and volume to the minimum, and EN 13428:2004 is the standard that served it. It is a transitional rule for packaging minimisation, not the content of the declaration: a declaration drawn up today states conformity with Articles 5 to 12.
The consequence is practical. A declaration that cites a category and an annex the Regulation does not contain does not say what Article 39(1) requires it to say, and an authority reading it against the text has to reconstruct the manufacturer's intent. Under Article 39(5), competent authorities "shall endeavour to control the accuracy of at least part of the declarations of conformity per year".
One Declaration for Each Packaging Type
Point 4 of Annex VII reads: "The manufacturer shall draw up a written declaration of conformity for each packaging type", and adds that "the declaration of conformity shall identify the packaging for which it has been drawn up". The unit of the declaration is the packaging type, not the unit produced, the batch or the commercial reference of the packaged product.
The Regulation does not define "packaging type". In practice, we draw the line where compliance with Articles 5 to 12 could differ: a different format, a different material structure or a different intended use calls for its own declaration, while variants that differ only in a way that does not affect any of those requirements can share one. That is a practice reading, not a rule written in the Regulation. Each declaration points at its own technical documentation, so a portfolio of 300 packaging types is 300 declarations.
What Goes in Each Point of the Annex VIII Model?
Article 39(2) requires the declaration to have "the model structure set out in Annex VIII". The model has a declaration number and eight numbered points. Our version 1 template had renumbered them and added a point of its own; version 2 follows the Annex as published.
| Point of Annex VIII | What it holds |
|---|---|
| No … | The identification number of the declaration itself, your own numbering. |
| 1 | The unique identification of the packaging, for example the type, batch or serial number the manufacturer places on it under Article 15(5). |
| 2 | Name and address of the manufacturer and, where applicable, of its authorised representative. |
| 3 | "This declaration of conformity is issued under the sole responsibility of the manufacturer." |
| 4 | The object of the declaration: identification of the packaging allowing traceability, and its description. |
| 5 | The statement that the object is in conformity with the relevant Union harmonisation legislation, with the reference to the other Union acts applied. This is where the Article 39(1) statement on Articles 5 to 12 goes. |
| 6 | References to the harmonised standards, common specifications or other technical specifications in relation to which conformity is declared. |
| 7 | Where applicable, the notified body and its certificate. Packaging is assessed under module A of Annex VII, internal production control, so no notified body intervenes. |
| 8 | Additional information, then the signature block: place and date of issue, name, function, signature. |
Where the packaging or the packaged product falls under more than one Union act requiring an EU declaration of conformity, Article 39(3) provides for a single declaration where appropriate, stating the acts concerned and their publication references. On point 6: on 9 November 2026, no harmonised standard adopted under Regulation (EU) 2025/40 has been published in the Official Journal, so a declaration references the technical specifications actually used and the Annex VII technical documentation.
Who Draws It Up, Who Keeps It, and for How Long?
The manufacturer draws up the declaration once the conformity assessment has demonstrated compliance, before placing the packaging on the market (Article 15(2)). It keeps the declaration and the technical documentation for 5 years from the date single-use packaging was placed on the market, and for 10 years for reusable packaging (Article 15(3)); point 4 of Annex VII sets the same periods. Article 39 itself sets no retention period.
For a packaging type produced in series, the Regulation counts from the date "the packaging was placed on the market". Counting from the last unit of the type placed on the market is the only way to cover every unit; it is our practice reading, not a rule written in the Regulation.
- Authorised representative (Article 17). A manufacturer may appoint one by written mandate. The mandate allows it at least to keep the declaration and the technical documentation at the disposal of national market surveillance authorities for 5 years, 10 years for reusable packaging (Article 17(2)(a)). Drawing up the technical documentation is not part of its mandate.
- Importer (Article 18). Before placing packaging on the market, the importer ensures that the manufacturer has carried out the conformity assessment and drawn up the technical documentation (Article 18(2)), then keeps a copy of the declaration at the disposal of the market surveillance authorities for 5 years, 10 years for reusable packaging (Article 18(7)).
- Distributor (Article 19). Before making packaging available, the distributor verifies that the producer is registered in the register of producers, that the packaging is labelled in accordance with Article 12, and that the manufacturer and the importer have complied with Article 15(5) and (6) and Article 18(3) (Article 19(2)). The Regulation does not ask the distributor to hold the declaration.
The Article 17 authorised representative is not the authorised representative for extended producer responsibility of Article 45(3). The proposals to suspend the second one, on which the Parliament and the Council adopted negotiating positions on 20 and 21 October 2026, are not law and change nothing to the declaration; they are covered in our article on the Parliament vote and the Council mandate.
In Which Language, and What About Packaging Already on the Market?
Article 39(2) requires the declaration to be "drawn up in, or translated into, one or more languages required by the Member State in which the packaging is placed on the market or made available on the market". A manufacturer selling in several Member States checks the language rule of each one.
"Placing on the market" means "the first making available of packaging, whether empty or with a product, on the Union market" (Article 3(1), point (10)). Recital 14 draws the consequence for stock: "packaging already placed on the Union market before the date of application of relevant requirements and in the stocks of distributors, including retailers and wholesalers, should not need to meet the sustainability and labelling requirements". The assessment is made unit by unit: a unit first made available on the Union market from 12 August 2026 needs a declaration, even when its design predates that date.
Which Requirements of Articles 5 to 12 Apply, and From When?
The declaration covers the requirements that apply to the packaging on the date it is placed on the market. Several start later, some on dates that depend on acts the Commission has not adopted. Because the declaration is continuously updated (Article 39(2)), a requirement is added when it starts to apply, and the manufacturer re-assesses when the design, the materials or the specifications applied change (Article 15(4)).
| Requirement | Applies from |
|---|---|
| Article 5(1): substances of concern minimised in the packaging and its components | 12 August 2026 |
| Article 5(4): sum of lead, cadmium, mercury and hexavalent chromium not above 100 mg/kg | 12 August 2026 |
| Article 5(5): PFAS limit values, food-contact packaging only | 12 August 2026 |
| Article 11(1): design requirements for packaging placed on the market as reusable | 12 August 2026 |
| Article 6: recyclable packaging (6(1)); design-for-recycling grade A, B or C (6(2)(a), 6(3)) | 6(1) since 12 August 2026; grade from 1 January 2030 or 24 months after the Article 6(4) delegated acts, whichever is later |
| Article 9(1): compostable packaging formats (tea and coffee bags and capsules, sticky labels on fruit and vegetables) | 12 February 2028 |
| Article 12: harmonised label on material composition | 12 August 2028 or 24 months after the Article 12(6) and 12(7) implementing acts, whichever is later |
| Article 7(1): minimum recycled content in the plastic parts of the packaging | 1 January 2030 or 3 years after the Article 7(8) implementing act, whichever is later |
| Article 10(1): packaging minimisation (weight and volume reduced to the minimum necessary) | 1 January 2030 |
What Changed in Our Template on 29 October 2026
Version 1 of our template, published in August 2026, carried the error described above. Version 2, published on 29 October 2026 in nine languages and free to download, makes five changes:
- the conformity statement follows Article 39(1) and cites Articles 5 to 12;
- one declaration covers one packaging type, as in point 4 of Annex VII;
- the retention period is cited to Article 15(3), not to Article 39;
- point 1 identifies the packaging and point 2 holds the manufacturer and its representative, as in Annex VIII;
- a table lists each requirement of Articles 5 to 12 with the date it applies from, plus notes on packaging already on the market and on the two kinds of authorised representative.
If you downloaded version 1, replace it with version 2 for any new declaration, and review the declarations you already issued from it: Article 39(2) requires the declaration to be continuously updated, and the conformity statement is the first line to correct.
Frequently Asked Questions
Does the PPWR declaration of conformity need a notified body?
No. Conformity of packaging is assessed under Annex VII, module A, internal production control, by the manufacturer on its sole responsibility (Article 38). Point 7 of the Annex VIII model applies only where a notified body intervenes.
Is one declaration per SKU required?
No. Annex VII, point 4, asks for a declaration for each packaging type. Several products sold in the same packaging type can be covered by one declaration, provided it identifies the packaging for which it has been drawn up.
Does a distributor need to hold the declaration?
The Regulation does not ask for it. Article 19(2) lists what a distributor verifies: producer registration, labelling under Article 12, and the identification of the manufacturer and the importer. Importers, by contrast, keep a copy for 5 years, 10 years for reusable packaging, under Article 18(7).
How PPWR Connect Helps
The EU declaration of conformity template is free, in nine languages, with field-by-field notes. To keep declarations current across a portfolio, PPWR Connect generates each declaration from the data of the SKU it covers, versions it and keeps it with the technical file of its packaging type; see our declaration of conformity software. PPWR Connect is software: it is not a notified body, an authorised representative or a legal adviser, and the manufacturer remains the one who signs.
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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.