From 12 August 2026, every piece of packaging on the EU market will be legally required to have its own Declaration of Conformity. But what does it actually require, and who is legally responsible for signing it? Felix Gass, founder of Packaging Strategy Lab, a packaging strategy consultancy based in Berlin, explores the details.
What is the Declaration of Conformity?
In short; the Declaration of Conformity is a legally binding self-declaration, in which the manufacturer confirms that a specific packaging meets the sustainability requirements of the PPWR.
It is defined in Article 39 with the model structure detailed in Annex VIII. The scope covers compliance with Articles 5 through 12: minimisation, recyclability, recycled content, reuse, substance restrictions and innovative packaging. Behind the declaration sits the technical documentation, the evidence file that backs up every claim. Both are mandatory and both must be available to market surveillance authorities on request.
It applies per packaging type: each format, each material, each configuration needs its own declaration. For example, a company with fifty packaging formats will need fifty declarations, each with its own supporting documentation.
Six elements are required (Annex VIII): a unique identification number for tracking, the manufacturer’s name and address, a sole responsibility statement, a packaging identification section covering type, material, and batch or serial number, the conformity statement referencing Articles 5 through 12, and the signature with place and date.
The regulation is explicit: the declaration must be kept up to date and made available in the language that can be easily understood by end users in the member state where the packaging is placed on the market.
Manufacturer vs. producer
The real issue here is understanding the difference between the manufacturer and the producer. The manufacturer isn’t necessarily the company that physically produces the packaging (Article 3). It’s the entity that places it on the EU market under its own name or trademark.
Simple example: Company A produces bottles. Company B puts its brand on them and sells them in the EU. Under PPWR, Company B is the manufacturer. The Declaration of Conformity obligation sits with Company B.
The practical test: if your brand is on the packaging, you’re likely the manufacturer. The manufacturer holds compliance responsibility: signing the declaration, maintaining technical documentation, and being auditable by authorities.
As of August 12, 2026, that starts with substance restrictions: heavy metals, PFAS, and other limits under Article 5. Recycled content and recyclability requirements follow as delegated acts are finalised. Technical documentation must back every claim. The person who signs is personally liable. The retention limits for the DoC are five years for single-use, ten for reusable.
The producer holds EPR responsibility: registration, fees, volume reporting. In many supply chains, these are different entities. Get this distinction wrong and obligations fall through the cracks.
What to do before August 2026
The process is manageable if you begin with the right priorities and tackle the work in a clear sequence. August 12, 2026 is approaching soon, so get moving quickly.
1) Determine your PPWR role. Do you place packaging on the EU market under your name or trademark? If yes, you’re likely the manufacturer.
2) Map your packaging portfolio. The declaration is per packaging type, so list every format, material, and supplier.
3) Test for substance compliance. This is the immediate priority and the first area going into effect: PFAS limits, heavy metals, and restricted substances have defined thresholds now.
4) Start building your technical documentation and data structure. Begin with substance test results. For the other requirements, such as recyclability and recycled content, the methodologies are still pending delegated acts, yet use the time to be prepared with a solid data foundation and structure.
5) Assign a signatory in your company. The person who signs assumes legal liability for accuracy.
6) Set up document retention. Five years for single-use, ten years for reusable, counted from the date of market placement.
The rest of the documentation builds from there as the remaining requirements come into force. The formalities are clear and where companies get stuck in practice is actually the data behind it.
Getting your suppliers to provide test certificates for heavy metals and PFAS across every packaging component is the real work. If any of these steps raise questions for your team, get in touch. We work with brand owners, retailers and packaging suppliers on exactly these topics and can help you get clarity on your specific situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. PSL is a packaging strategy consultancy, not a law firm.
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