FAQ: Stand still approach regarding Transport, Service and Primary production packaging

The discussion about the interpretation of who is the manufacturer of transport packaging, service packaging, or primary production packaging is not new. It has been ongoing since 2024. In the past, Verpact provided its own interpretation. Recently, however, the European Commission issued guidance containing contradictory messages. As a result, multiple interpretations have emerged among companies that may be considered manufacturers and producers of transport, service or primary production packaging. Verpact has requested clarification from the European Commission, as have many other organizations. During a meeting on 1 July, the European Commission responded that it would provide clarification on this topic as quickly as possible, rather than responding individually to letters from stakeholders. Given the short period remaining until 12 August and the questions received from market participants in the Netherlands, Verpact no longer wants to wait.

The PPWR distinguishes between various packaging types and assigns specific obligations to different roles. The uncertainty concerns transport, service and primary production packaging. At present, it is unclear who qualifies as the manufacturer of these packaging types. Consequently, it is also unclear who is responsible for the declaration of conformity and who must pay the waste management contribution.

Questions such as the following play a role:

When is an item considered ready to function as packaging?

Does the addition of accessories or attachments matter?

At what point does an item begin to perform the function of packaging?

Following publication of the PPWR in January 2025, the European Commission did not answer questions on this topic for a long time. Instead, guidance was repeatedly promised. Although such guidance is not legally binding, it reflects how the European Commission interprets the legislation. Several draft versions of the guidance were published, each containing different explanations. The final version includes passages that allow for multiple interpretations. In its letter to the European Commission (via EXPRA), Verpact outlined these concerns. In early July, the European Commission confirmed its intention to provide additional clarification by updating its document addressing various PPWR-related questions.

Producers are still required to report in the first quarter of 2027 how much packaging they placed on the Dutch market. That obligation remains unchanged. With this stand still approach, Verpact asks producers to submit their declarations based on the situation that applied before 12 August 2026. Verpact will continue to seek clarification from lawmakers. Once clarity is available, it will assess how to proceed.

Verpact is required to implement the law and ensure that the correct party pays the waste management contribution. This could mean that declarations may need to be corrected. That is why it is important that the European Commission provides the requested clarification promptly. Once this happens, Verpact will consult with the parties involved.

Verpact has asked the European Commission to explicitly address packaging situations that are currently the subject of considerable debate, so that the clarification provided is as practical and usable as possible.

In addition, Verpact has requested guidance for situations where packaging serves multiple functions, so that it can be determined which company should be designated as the producer. Verpact is engaging with the European Commission to discuss the issue and develop practical, workable solutions.

Yes. The manufacturer must perform a conformity assessment and, based on that assessment, prepare a declaration of conformity. This declaration acts as a kind of packaging passport, based on a self-assessment, demonstrating that the packaging complies with the PPWR sustainability requirements and may be placed on the market. Verpact has no formal role in preparing the conformity assessment. The manufacturer must retain this documentation, and it may be inspected at any time by the Netherlands Human Environment and Transport Inspectorate (ILT). The stand still situation does not affect responsibility for the declaration of conformity.

The guidance does indeed discuss this concept. However, it is important to note that this is not contained in the PPWR itself, which creates confusion. Guidance documents do not have a legal basis and are not legally binding.

Yes, the interpretation issue also affects service packaging, which has previously been classified as point-of-sale packaging. Because some items can be used both as packaging and for non-packaging purposes, Verpact previously created a list indicating which items are considered point-of-sale packaging and which are not.

As long as the situation regarding service packaging remains unclear, Verpact will continue to use the point-of-sale packaging list.

At present, Verpact cannot answer this question. Different interpretations have emerged, and Verpact has therefore asked the European Commission to provide an unambiguous clarification. Until that clarification is available, Verpact cannot provide a substantive answer.

Because of the current uncertainty, Verpact is maintaining a temporary approach under which market participants are asked to continue applying the situation that existed before 12 August with regard to transport packaging, service packaging, and primary production packaging. Verpact cannot guarantee that this situation will remain unchanged. See also the answer to Question 6.

Verpact understands that companies want certainty about their obligations. Verpact itself has repeatedly asked the EU legislator to provide an unambiguous interpretation of the concept of the "manufacturer" of transport, service, and primary production packaging. We are only executing the legislation. Nevertheless, by introducing the stand still, Verpact aims to provide companies with a practical short-term course of action.

Yes. Verpact assumes that this is practically feasible in the short term, since this obligation also applied before 12 August 2026.

Verpact understands this interpretation. At the same time, it receives arguments supporting the opposite view. To ensure a level playing field in Europe and to maintain a careful process, Verpact has asked the European authorities for further clarification. Until that clarification is provided, the current situation will remain in place.

Yes. As long as the stand still remains in effect, Verpact asks the company that submitted declarations before 12 August 2026 to continue doing so after 12 August 2026.

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Questions or complaints can be submitted to Verpact's Service and Information Centre (SIC): info@verpact.nl

PPWR: https://eur-lex.europa.eu/legal-content/NL/TXT/HTML/?uri=OJ:L_202500040#tit_1 

Guidance: https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=CELEX:52026XC03084 

FAQ-document: https://environment.ec.europa.eu/publications/faq-packaging-and-packaging-waste-regulation-ppwr_en 

The PPWR definitions can be found via the links below:

Transport packaging

Service packaging

Primary production packaging