The European Commission has withdrawn its detailed opinion regarding Germany’s draft Packaging Law Implementation Act, allowing it to enter into force alongside the Packaging and Packaging Waste Regulation.
On 13 February 2026, German authorities submitted a draft of its Packaging Law Implementation Act (Verpackungsrecht-Durchführungsgesetz) to the European Commission. The Commission responded with a detailed opinion under the TRIS procedure, bringing the law’s progress to a standstill.
The detailed opinion raised concerns that elements of the draft would be incompatible with the Packaging and Packaging Waste Regulation (PPWR). These included its quarterly reporting obligations – the PPWR only mandates annual reporting – and its direct transposition of provisions regarding producer registration and extended producer responsibility.
The Commission also feared that the notified draft would confuse the EU’s definitions of ‘material recycling’, ‘distributor’ and ‘plastic packaging’ as set out in the PPWR – potentially causing discrepancies between markets.
As a result, Germany was required to postpone the adoption of the draft until 17 August 2026, and to inform the Commission of its intended response to the objections.
What did Germany say?
On 27 May, German authorities posited that the Commission had mistranslated the notified draft and misinterpreted elements of German packaging law.
First, it argued that the notified draft set out a definition of mechanical recycling, specifically, and did not reproduce or alter the definition of ‘material recycling’.
Furthermore, the draft was said to introduce a definition for ‘placing on the market’ in the context of German deposit return schemes, a move intended to “minimize the adjustment effort for those affected and not jeopardize the well-functioning German deposit and return scheme.” Germany argued that this did not overlap with the Commission’s established definition of a ‘distributor’.
Regarding plastic packaging, Germany stated that it defined ‘single-use plastic packaging’ in the absence of a definition within the PPWR. Its own definition was intended for use in the specific implementation of the PPWR, and not to extend the scope of the harmonized packaging bans presented in Article 25 and Annex V of the Regulation.
The response added that Germany already has a register for extended producer responsibility and that the draft provision only applies to its existing register. Once the PPWR’s deadline for establishing a register expires, Germany plans to replace its national provisions with those set out in Articles 44(5) and 44(7) of the Regulation.
How did the Commission respond?
The Commission has accepted Germany’s explanation. Moving forward, it declares that the PPWR’s definition of ‘material recycling’ would be directly transposed into German law; that the clarification of ‘placing on the market’ was necessary to maintain the smooth functioning of German deposit return schemes; and that the draft’s definition of single-use plastic packaging is consistent with the PPWR.
It goes on to accept Germany’s explanation regarding the existing extended producer responsibility register, but emphasizes that Germany authorities must repeal these provisions once the PPWR’s deadline for establishing the register has expired.
As a result, the Commission has withdrawn its detailed opinion. Now the German Packaging Implementation Act could enter into force alongside the PPWR on 12 August 2026.
In other news, the Commission has formally referred France to the Court of Justice of the European Union – accusing the country of enforcing a nation-specific sorting logo and failing to disclose the law before its adoption.
It has also opened infringement procedures against 20 Member States for failing to report on the transposition of EU-wide green claims and sustainability label legislation into national law.
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