The European has adopted a new Packaging and Packaging Waste Regulation. The official title of the legislation is the Packaging and Packaging Waste Regulation (PPWR) (Regulation (EU) 2025/40↗️). Most of its provisions will apply from 12 August 2026.
The Regulation establishes two separate roles in relation to packaging responsibility. The first is the packaging producer. The second is the Extended Producer Responsibility (EPR) producer.
According to the European Commission, a packaging producer is a company that designs or manufactures packaging under its own name or trademark. Where a specific name or trademark appears on the packaging, the owner of that name or trademark is regarded as the packaging producer. Each type of packaging has only one such producer throughout the supply chain.
The Extended Producer Responsibility producer is the company that first places packaging on the market of a particular EU Member State. This status also applies to a company delivering goods directly to the final consumer or to a company unpacking goods without being the final consumer. Both roles may be performed by the same company, although they may also belong to different companies.
For the window industry, the key issue concerns the protective films applied to window profiles and insulating glass units (IGUs). The name or trademark printed on the protective film identifies the packaging producer. However, this role does not automatically determine who bears Extended Producer Responsibility. Different factors apply to the second role, including the type of packaging, the Member State where the packaging is first placed on the market, whether the goods are delivered directly to the final consumer, and who unpacks the goods.
The situation becomes more complex when a company repackages or rewinds protective film under its own brand. In that case, the company automatically becomes the producer of that packaging. If it also repackages transport packaging, it additionally assumes the role of the Extended Producer Responsibility producer for that type of packaging.
The Regulation applies directly in all 27 Member States of the European. It also covers the countries of the European Economic Area — Norway, Iceland and Liechtenstein. Extended Producer Responsibility obligations arise separately in each country where the goods are first placed on the market. A company supplying windows to several EU countries may therefore have to register separately in each of those countries.
Ukrainian companies supplying windows and doors to Europe are legally regarded as importers from a third country. Packaging originating outside the EU must comply with the Regulation before crossing the EU border. Where the protective film bears the trademark of the Ukrainian manufacturer, that company immediately becomes responsible for ensuring that the packaging complies with the applicable technical requirements.
A particular risk arises when windows are supplied directly to a construction site in Europe without an EU-based intermediary. In such cases, the Ukrainian manufacturer is likely to assume both roles simultaneously. It becomes responsible both for the conformity of the packaging and for Extended Producer Responsibility in the country where the windows are installed.
The Regulation exempts crates and boxes manufactured to the specific dimensions of individual custom-made windows or doors from the reuse targets. By contrast, standard transport packaging — including pallets, crates and stretch film used to stabilise loads — is subject to specific targets. From 2030, at least 40% of transport packaging must be reusable. From 2040, this requirement increases to 70%.
The Regulation also limits empty space in transport and grouped packaging. From 2030, empty space must not exceed 50% of the total packaging volume.
Separate requirements apply to plastic packaging, including stretch film. From 2030, such packaging must contain at least 35% recycled plastic content. From 2040, this requirement increases to 65%.
The Regulation does not provide for any transitional period allowing existing stocks to be sold. Even if goods were manufactured before 12 August 2026 but are placed on the EU market after that date, they must still comply with the new requirements.
Lawyers and packaging consultants advise companies to review their agreements with European partners. The parties should clearly define in writing which party acts as the packaging producer and which assumes the role of the Extended Producer Responsibility producer for each individual shipment. Companies without their own establishment in the EU should also consider appointing an authorised representative established in the European.