EU Packaging Regulation: What Swiss retailers need to change now | HÄRTING Rechtsanwälte

The new EU Packaging Regulation (PPWR) will, in principle, come into force on 12 August 2026 – and its scope extends beyond the Swiss border. Anyone supplying packaged products from Switzerland to the EU or selling directly to EU customers must comply with new requirements regarding packaging design, recyclability, documentation and producer responsibility. Online retailers, in particular, face additional obligations. Anyone who only begins to review their packaging and bring it into line with the new requirements in 2030 is therefore likely to be too late.

13. August 2026

New rules for packaging in the EU market

Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste (Packaging and Packaging Waste Regulation, PPWR) will apply from 12 August 2026. It will gradually replace the existing Packaging Directive and harmonise key requirements for packaging within the European Union. Unlike a directive, the PPWR, as a regulation, does not need to be transposed into national law by each Member State beforehand. In terms of its regulatory approach, the PPWR covers the entire life cycle of packaging: from design and manufacture, through labelling and distribution, to reuse, collection and recycling.

The scope of the Regulation is deliberately broad. It covers all packaging, regardless of the material used and irrespective of whether it is used in industry, commerce, distribution, services or private households. This means that not only traditional product packaging is affected, but also, for example, packaging used for transport or dispatch. Article 3(1)(8) of the PPWR expressly defines ‘packaging for e-commerce’ as ‘transport packaging used for delivery to end users in the context of online sales or other forms of distance selling’.

Does EU law (such as the PPWR) also apply to Swiss traders?

For purely Swiss situations, the answer is generally: no. Switzerland is not a Member State of the European Union. Consequently, the PPWR does not automatically apply to packaging sold exclusively on the Swiss market. The situation is different if a Swiss company exports its products to the EU. In this case, the exporting Swiss company must also comply with the requirements of the PPWR, as the Federal Office for the Environment (FOEN) points out on its information page on the topic of ‘packaging’. The decisive factor is therefore not so much the company’s registered office as the question of in which country the packaging is placed on the market and where it is likely to ultimately become waste. It is precisely this market-based approach that gives the PPWR its practical significance for Swiss manufacturers, brand owners and online retailers. According to the European Commission’s explanatory notes on the Regulation, it should in principle be possible to identify a responsible ‘producer’ within the meaning of extended producer responsibility for every item of packaging. For example, anyone who sources a packaged product from a third country and places it on the market for the first time in an EU Member State may themselves become the responsible producer.

Swiss companies must therefore always analyse the specific supply chain. If a company sells its goods to an independent EU importer, the division of roles is different from that involved in direct dispatch from Zurich, Basel or Bern to end consumers in Germany, France or Italy. This is because the definition of ‘producer’ under the PPWR explicitly covers distribution via distance selling contracts. Particularly in the case of cross-border e-commerce, it should therefore not be assumed that all obligations under packaging law automatically fall to the parcel service or a distribution partner.

Extended producer responsibility becomes a compliance issue

Of particular relevance are the provisions on extended producer responsibility (EPR), which are set out in Article 45 et seq. of the Regulation. Manufacturers must, in principle, register in the Member State and contribute to the financing of the collection, sorting and recovery of packaging waste in the Member State where the packaging in question is likely to become waste. Registration, volume reporting and financial contributions are central elements of this responsibility.

For Swiss companies, there is an additional specific requirement: the PPWR stipulates that producers without an establishment in the Member State in question must appoint an authorised representative for extended producer responsibility. Although the Commission proposed at the end of 2025 to suspend certain of these requirements for companies operating purely within the EU on a cross-border basis, the Commission expressly stated that the existing rules should remain in place for producers from third countries. At the time of writing this article in August 2026, the relevant legislative process had not yet been finalised. Swiss direct distributors should therefore continue to expect that they will have to appoint an authorised representative for extended producer responsibility in the respective EU destination countries.

Less material, less air: packaging becomes a design issue

Article 10 of the PPWR, with the heading ‘Minimisation of packaging’, is also of particular practical significance. From 1 January 2030, producers or importers must ensure that the weight and volume of packaging are limited to the minimum necessary for its function. Packaging whose design merely increases the perceived volume of the product – for example, through unnecessary layers, double walls or false bottoms – will therefore come under particular scrutiny. Compliance with the requirements must also be verifiable on the basis of technical documentation.

For online retailers, there is an additional specific requirement: from 2030, the proportion of empty space in filled outer packaging, transport packaging and e-commerce packaging must not, as a general rule, exceed 50 per cent (Art. 24(1) PPWR). A small product in an oversized shipping box is therefore no longer merely a question of sustainability and transport costs, but may also take on a regulatory dimension.

This does not mean that every company must reduce the size of its packaging immediately. The PPWR expressly recognises that packaging must fulfil its protective, hygienic, logistical and other functions. However, in future, companies should be able to demonstrate why a particular packaging size, material thickness or protective layer is technically necessary and document this accordingly. Swiss brand manufacturers in particular, with their elaborately designed premium packaging, should therefore assess at an early stage – in light of the PPWR’s requirements – whether marketing design and packaging function remain compatible in the long term.

Recyclability and recycled content become mandatory product requirements

Minimising packaging is only one part of the new framework. With the PPWR, the EU aims to make packaging economically recyclable by 2030, increase the use of recycled plastics and reduce the consumption of virgin raw materials. In addition, there are requirements regarding the proportion of recycled content, reuse, labelling and certain types of single-use packaging.

These requirements have a direct impact on procurement and supply chains. Swiss retailers who do not manufacture packaging themselves should therefore not rely solely on claims such as ‘recyclable’ or ‘sustainable’ made by their suppliers. Instead, reliable technical information on material composition, recyclability and, where applicable, the proportion of recycled material will be crucial. Manufacturers and suppliers will need to work together much more closely in future, as the regulation treats compliance not only as a waste management requirement but increasingly as a product requirement as well.

For food packaging, action is required even sooner. The PPWR restricts per- and polyfluoroalkyl substances (PFAS) in food-contact packaging above certain thresholds. The Commission has made it clear that packaging placed on the market after 12 August 2026 must comply with these requirements (Article 5(5) of the PPWR). Packaging already placed on the market before this date does not, therefore, need to be recalled solely for this reason.

Swiss retailers should review their supply chains now

For companies, it is advisable to start by carrying out a role and market analysis. The key factor is which company first makes which packaged product available in which EU Member State. It is important to determine whether sales are made directly to end customers or via importers or distribution partners, and who assumes EPR responsibility in each case.

In a second step, an inventory should be taken of the sales, conversion, transport and dispatch packaging used. For each type of packaging, the material, weight, volume, supplier, use and countries of sale should be documented. Consequently, contracts with packaging manufacturers, producers, importers and fulfilment service providers must be reviewed to determine who is required to provide technical information, carry out registrations, bear EPR costs and respond to regulatory changes.

It is also particularly important to look beyond 12 August 2026. Many of the regulation’s substantive requirements will not come into effect until the coming years. However, packaging design, supply contracts and industrial procurement processes often have long lead times. The requirements for minimisation, recyclability and void space, scheduled to come into force in 2030, should therefore be taken into account at an early stage when developing new packaging solutions today.

Switzerland is following suit

At the same time, the regulatory environment in Switzerland is also becoming more stringent. On 24 June 2026, the Federal Council adopted a new Swiss Packaging Ordinance (VerpV), which is set to replace the previous Ordinance on Beverage Packaging and come into force at the start of 2027. Among other things, it is intended to promote recycling, avoid unnecessary packaging and extend requirements for certain packaging materials.

Switzerland is therefore not directly adopting the PPWR. However, the regulatory direction taken is similar: packaging is to become more resource-efficient, more recyclable and more suitable for circular economy. For Swiss retailers operating internationally, it therefore makes sense not to organise packaging compliance separately for each individual country, but to establish a uniform governance framework for product development, procurement, e-commerce and environmental compliance.

Conclusion: The PPWR is also a market access issue for Switzerland

The PPWR is not a regulation that is only relevant to European packaging manufacturers. It may become directly relevant to Swiss retailers as soon as packaged goods enter the EU market. Particularly in direct sales and e-commerce, registration and EPR obligations, as well as the requirement to appoint an authorised representative in another EU country, may be triggered. At the same time, packaging design, recyclability, choice of materials and technical documentation are increasingly becoming prerequisites for legally compliant distribution in the long term.

Swiss companies should therefore not wait until 2030. Those who structure their supply chains, responsibilities and packaging data at an early stage today will be able to implement upcoming design and recycling requirements much more efficiently and quickly. For Swiss retailers, the key question in future will no longer be simply: ‘Is the product itself EU-compliant?’ Equally important will be the question: ‘Is the product’s packaging also EU-compliant?’