We tend to take packaging for granted and often don’t really notice it. Yet it is essential: it gets the yoghurt to the supermarket, protects our new smartphone on its way home to us, and prevents medicines from going off. Without it, our daily lives would grind to a halt. Yet it is precisely this taken-for-granted aspect that is currently being re-evaluated. This is because, once used, packaging ends up in the rubbish – in quantities that have long since ceased to be merely an environmental problem, but have also become an economic and legal one.

With the EU Packaging Regulation (PPWR), which comes into force in August 2026, and the German Packaging Act Implementation Act (VerpackDG), which is currently being debated in the Bundestag, the rules of the game are set to change significantly. For manufacturers, retailers and waste management companies, this means that packaging is no longer a peripheral issue, but a strategic area of activity that determines reputation, market opportunities and legal risks.

What is changing with the PPWR and the VerpackDG

The PPWR replaces the previous EU Directive with a Regulation that applies directly in all Member States. This establishes uniform definitions, obligations and targets throughout the entire life cycle of packaging. The German VerpackDG implements these requirements and thereby replaces the previous Packaging Act (VerpackG).

An overview of the key changes:

• New definition of a producer: In future, a producer will be defined as anyone who makes packaging or packaged products available for the first time in an EU Member State – whether they are a manufacturer, importer or retailer. This may sound technical, but it has practical implications: anyone who previously thought they were not affected could suddenly find themselves liable.
  
• Extended registration requirements: Until now, only packaging subject to the packaging scheme (i.e. packaging that ends up in household waste) had to be registered with the Central Office and subject to levies. In future, this will also apply to packaging not subject to the scheme, such as commercial transport packaging or returnable bottles. This means more administrative work, but also greater transparency.
  
• Ambitious recycling targets: The PPWR sets an EU-wide recycling target of 65 per cent by 2026 and 70 per cent by 2031. Germany is going significantly further: for plastics, at least 75 per cent is to be recycled from 2028 and as much as 80 per cent from 2030, whilst the EU only stipulates 50 to 55 per cent. The targets are also rising for other materials such as glass, paper and metals. However, other recycling methods, such as chemical recycling, are also permitted to help meet the plastics targets.
  
• Design requirements and conformity assessment: In future, packaging must be designed to be recyclable from the outset. Anyone placing packaging on the market must demonstrate that it meets defined sustainability and labelling requirements – as documented in an EU declaration of conformity.
  

System objectives under Section 16(2) of the Packaging Act (VerpackG) and the planned amendments thereto under Section 42(2) of the Packaging Act (VerpackDG)

What type of packaging material?	What proportion must be sent for recycling on an annual average?
	Current (Packaging Act)	from 2027*	from 2028	from 2030
Plastics	No requirement	No requirement	75%	80%
Material recycling of plastics	63%**	63%	70%	75%
Beverage carton packaging	80%	80%
Other composite packaging	70%	70%
Ferrous metals	90%	90%	95%
Aluminium	90%	90%	95%
Glass	90%	90%
Paper, card, cardboard	90%	90%
Yellow bin bag	50%	50%	55%	60%

* Should the VerpackDG come into force during 2026, the targets set out in the VerpackG will continue to apply as a transitional arrangement until the end of 2026; see Section 68(6) of the VerpackDG
** This figure is derived from the material-based component of the recycling rate set out in the Packaging Act (VerpackG), which refers exclusively to material-based recycling.

Over-regulation or a necessary ambition?

There has also been criticism of the way the Packaging Act (VerpackDG) has been drafted. Retail trade associations accuse the federal government of going far beyond EU requirements with the Act – so-called ‘gold-plating’. In fact, Germany’s recycling rates for plastics are well above the EU targets. However, even under the previous Packaging Act (VerpackG), Germany was more ambitious than the EU. A 70 per cent plastic recycling target has already been mandatory since 2022.

The question is not whether the targets are ambitious, but whether they are achievable and at what cost. This is precisely where things get interesting for businesses.

What companies should be doing specifically right now

The draft Packaging Act (VerpackDG) was approved by the Cabinet on 11 February, and the debate in the Bundestag is now getting underway. Various industry, environmental and reusable packaging associations have already published their positions, some of which are at odds with one another. It is worth companies looking beyond mere compliance issues to consider strategic matters such as costs, design and positioning.

1. Clarify the extent of the impact precisely

Keep accurate records of your packaging and product range:

• What types of packaging are used in which markets?

• How do they fit into the PPWR and VerpackDG frameworks? Which manufacturer obligations apply where?

• Particularly important: service, e-commerce, transport and commercial packaging – which until now have often flown ‘under the radar’ – are now being brought within the scope of registration, reporting and financing schemes. Failure to comply could lead to costly surprises.
  

2. Understanding the economic implications

Higher recycling rates and the expansion of collection schemes will be reflected in system fees, internal process costs, and decisions regarding materials and logistics.

• Ask yourself: Which types of packaging will pose cost and compliance risks if nothing changes?

• Where might new opportunities arise?

• Recycling-friendly designs, increased use of recycled materials or the switch to reusable packaging can pay off both financially and in terms of public perception.
  

3. Formulating positions

The legislative process is still ongoing. Companies should formulate their own positions on critical regulatory issues, coordinate these internally and decide how they wish to engage with the political process – whether through trade associations, partners or direct dialogue.

• Important: Criticism based purely on costs and red tape is rarely persuasive. On the other hand, contributions that explain systemic impacts – for example, on the quality of recycling streams, the economic viability of reusable systems or the international competitiveness of entire sectors – are more effective.
  

4. Establishing governance and monitoring

The PPWR and VerpackDG are not one-off measures, but a multi-year process of change involving subsequent legislation, guidance documents and interpretation processes.

• It makes sense to establish coordinated responsibilities across the legal, sustainability, procurement, product development, logistics, finance, communications and public affairs functions.
• Supplement this with ongoing monitoring of legislation, delegated acts, administrative practice and industry association positions.
  

Packaging is communication

Packaging is not just a matter of compliance and costs, but also of communication. Those who develop recycling-friendly designs, increase the use of recycled materials or switch to reusable packaging now can not only ensure legal compliance but also use this to their advantage in their communications. Credible sustainability communication requires substance, and the new packaging regulations provide precisely that.

At the same time, it is true that anyone wishing to make their voice heard in the political debate needs more than just figures and legal provisions. A communication strategy is required that makes one’s own position clear, engages stakeholders and bridges the gap between regulatory requirements and business reality.

Act now – whilst the process is still ongoing

The PPWR and VerpackDG are more than just further legislative building blocks. They represent a strategic shift in the direction of business models, cost structures and future viability. Those who focus solely on the statutory minimum requirements at this stage will face high transition and opportunity costs in the medium term. By contrast, those who establish transparency at an early stage, consolidate internal responsibilities, adapt design and logistics decisions, and engage in the political discourse can mitigate risks and capitalise on opportunities.

This is precisely where we at Klenk & Hoursch can support you. We help you understand how you are affected, develop your positions and make these visible to political stakeholders. We combine public affairs with strategic communication so that you are not only legally compliant but also communicate your message convincingly.

The legislative process is still ongoing. Now is the right time to get involved. Get in touch with us; together, we will make your positions visible.