Under PPWR, an EU declaration of conformity is the manufacturer’s statement connected to the applicable packaging requirements and conformity assessment. It is not a certificate issued by the European Commission. Articles 38 and 39, read with Annexes VII and VIII, explain the relationship between the assessment, technical documentation and declaration. [1]
The practical mistake is to start with a signature template and leave the packaging identity or evidence to be filled in later. A useful declaration follows the supported assessment of an identified pack; it cannot create that assessment by referring to the regulation’s title.
Identify which requirements are applicable
Article 38 directs conformity assessment for requirements in or under Articles 5–12 to the Annex VII procedure. Article 39 says the declaration states that compliance with those requirements has been demonstrated. This does not erase the different application dates, scope conditions and exceptions within the underlying provisions. [1]
For example, a later-of label date and a chemical restriction cannot be treated as if they were the same current test. The evidence file must connect each relevant requirement to its legal status and the actual packaging, rather than use one unqualified “PPWR compliant” statement for every design feature.
| Question | Rule or evidence | Important boundary |
|---|---|---|
| Conformity assessment | Article 38 and Annex VII | Addresses requirements under Articles 5–12 as applicable |
| EU declaration | Article 39 and Annex VIII | States that the relevant requirements have been demonstrated |
| Evidence file | Identified packaging and supporting assessment | A generic signed PDF does not establish the missing technical basis |
| Responsibility | Manufacturer draws up the declaration | The document is not an EU authority’s product endorsement |
Keep packaging identification traceable
Annex VII links technical documentation to the packaging and its conformity assessment. Annex VIII supplies the declaration model. The identification must be useful enough to connect the statement to the supplied construction or type, rather than an entire portfolio that includes materially different components and uses. [1]
A change record is consequently valuable when a design, material, supplier input or intended use changes. That is an editorial explanation of how to keep evidence connected; it does not mean that every administrative edit requires a new laboratory programme. The assessment depends on what changed and which requirement it affects.
A declaration is responsibility, not a transferable badge
Article 39(4) states that, by drawing up the declaration, the manufacturer assumes responsibility for the packaging’s conformity with the requirements of the regulation. Article 39 also requires the declaration to be kept up to date and provided in or translated into the language or languages required by the relevant Member State. [1]
These provisions make the document an accountable statement. A third-party logo or an unrelated supplier certificate cannot take over the manufacturer’s role merely by appearing beside it. Nor should the declaration be described as proof that an authority inspected the particular item.
Distinguish other regulatory declarations
Food-contact documentation and other Union-law declarations can concern different obligations. Article 39(3) addresses packaging or packaged products subject to more than one Union act requiring an EU declaration, including the possibility of a dossier of relevant individual declarations. [1]
The useful outcome is therefore a connected record, not a new blanket certificate: identify the pack, determine the applicable requirements and dates, retain the supporting technical basis and ensure the declaration accurately expresses the manufacturer’s responsibility. This article does not assess a particular file or authorise a conformity claim for an individual product.
The wider implementation context is covered in our PPWR overview; the present guide isolates the provision identified above.
Sources
Sources checked 21 October 2026. Legal text, official interpretation and editorial examples are distinguished above. No individual product or business conformity assessment was performed.
- European Parliament and Council / Official Journal via BOE. Regulation (EU) 2025/40 on packaging and packaging waste. 19 December 2024; OJ 22 January 2025. Locator: Articles 15, 38–39; Annexes VII–VIII. Relevant full original provisions read in the official Spanish rendition; English explanation is an editorial paraphrase, not an official translation.
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