Information sheet on the EU Packaging Regulation published

Author: Reka Krasznai

The Federal Ministry for Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management has published an information sheet on the EU Packaging Regulation, which will apply directly in the EU member states from August 12th, 2026.

The information sheet provides information on the key impacts of the EU Packaging Regulation and provides clarification for the transitional phase until the national implementation provisions [amendments to the Waste Management Act 2002 (AWG 2002) and to the Packaging Ordinance] come into force.

Contents of the information sheet

The information sheet points out that:

The provisions of the previous Packaging Directive – particularly with regard to sustainability requirements and labeling obligations – continue to apply until the new provisions of the EU Packaging Regulation, as further specified by EU implementing acts where applicable, take effect, and
the national provisions of the Waste Management Act 2002 (AWG 2002) and the Packaging Ordinance 2014 continue to apply insofar as they are consistent with the EU Packaging Regulation. Any necessary adjustments will be implemented through a planned amendment to the AWG and/or to the Packaging Ordinance 2014.

Furthermore, the individual obligations that apply from August 2026 and 2027, respectively, are listed, in particular

the substance restrictions and the PFAS ban for food packaging (Art. 5),
the conduct of a conformity assessment procedure and the issuance of an EU declaration of conformity (Arts. 38, 39), and
the general obligations of economic operators – in particular producers, importers, and distributors (Arts. 15-22).

Finally, certain clarifications are provided, particularly with regard to

the definition of “producer”: A producer is the company that manufactures certain empty packaging (service, transport, or primary production packaging) or packaged products (sales and outer packaging). In the case of sales and outer packaging, this is generally the packer/filler who packs or fills the packaging with the product. In the case of contract filling or manufacturing, however, the client is considered the producer if their name or trademark is displayed on the packaging (e.g., for private-label products).
the definition of “manufacturer”: The term “primary obligated party” in section 13g of the AWG 2002 basically corresponds to the definition of “manufacturer” in the EU Packaging Regulation (including the European Commission’s guidance and FAQs) and therefore remains in effect;
the obligation to participate: For the time being, there is no change to the obligation of primary obligated parties in Austria, pursuant to section 13g of the AWG 2002, to participate in a collection and recycling system.
the reporting obligations: For the time being, the existing reporting obligations (for exempted packaging, self-compliance reporting by manufacturers) remain unchanged;
the manufacturer register and data collection: The existing application for collecting packaging data in the EDM system will be updated and aligned with the future requirements once the corresponding EU implementing acts are available. These changes will apply no earlier than the 2028 calendar year.

Recommended actions for affected companies:

Companies affected by the requirements of the new EU Packaging Regulation are advised to first

determine their role under the new EU Packaging Regulation (in particular as producer, manufacturer, importer, or distributor) in order to clearly understand the corresponding obligations;
conduct an inventory of all types of packaging used within the company – differentiated by material, format, and intended use (e.g., sales or transport packaging, food packaging); and
establish internal compliance processes to ensure adherence to the new requirements.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.