What is the EU declaration of conformity under the PPWR?

The EU declaration of conformity under Article 39 is the producer’s formal statement that a packaging item meets the PPWR requirements applicable to it. The template is in Annex VIII, and the underlying evidence belongs in the technical documentation under Annex VII.

The declaration is drawn up by the producer and may rely on information and evidence from suppliers. Legal responsibility stays with the producer. An assurance from someone else does not discharge it.

The most common mistake: declaring too much

What matters is which requirements already apply at the time. The basic requirement in Article 6(1), that packaging must be recyclable, has applied since 12 August 2026. Until the harmonised design-for-recycling criteria under Article 6(4) are in place, however, the Commission does not yet require a conformity assessment under Article 38 and Annex VII for recyclability. The minimum recycled content under Article 7 likewise applies only later.

An EU declaration of conformity should therefore not sweepingly certify compliance with all requirements of Articles 5 to 12, but reflect accurately the requirements that actually apply at that point. A declaration claiming more than has been assessed creates precisely the risk it is meant to avert.

What belongs in the technical documentation

Annex VII requires a general description of the packaging and its use, information on material and composition, design and manufacturing documents, and the test reports and assessments on which conformity rests. In practice: one source per requirement, and that source has to be presentable.

Who can help with it, and who cannot

Nobody can issue the declaration on the producer’s behalf. Two different things can be supported, and they come from different places:

• The form and completeness of the file. Consultancies, law firms and software address this.
• The substance of the individual evidence. This takes analysis and audits by accredited bodies: recycled content separated into PCR and PIR, recyclability with a performance grade, PFAS-free status, plastic content.

The second part is what holds up in a dispute. Which four kinds of evidence flustix provides is set out on the PPWR page.