The Packaging and Packaging Waste Regulation (PPWR) Became Applicable on 12 August 2026 - The Slovak Ministry of the Environment Has Issued Guidance

As of 12 August 2026, Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste (hereinafter the “Packaging Regulation” or “PPWR”) has become directly applicable in the Slovak Republic, as in all other EU Member States. The Regulation replaces the previous Directive 94/62/EC. Since the amendment to Act No. 79/2015 Coll. on Waste, which is intended to align Slovak legislation with the new Regulation, will not yet be in force by this date, the Slovak Ministry of the Environment (Waste and Geology Section) issued guidance on 4 August 2026 to help obligated entities continue to fulfil their obligations smoothly during this transitional period.

Below is an overview of the key points of this guidance.

New Definition of a Packaging Producer

The Packaging Regulation defines the term “packaging producer” differently from the definition previously set out in the Waste Act (Section 52(11)). As the PPWR has been fully binding and directly applicable since 12 August 2026, the new definition under the Regulation applies from that date, and the original definition contained in the Waste Act ceases to be valid.

Interpretation of the terms “manufacturer” and “producer” is provided by:

• the European Commission’s Guidance Document on Regulation (EU) 2025/40 of 6 June 2026 (pages 8 - 16), and

• the updated 2nd edition of the “Packaging and Packaging Waste Regulation (PPWR) - Frequently Asked Questions” document, which provides an expanded interpretation, in particular with regard to transport packaging and grouped packaging.

Approach to the Enforcement of Sanctions

Under Article 68(1) of the PPWR, Member States have until 12 February 2027 to establish their own rules on penalties for infringement of the Regulation (which must be effective, proportionate and dissuasive). The Ministry will set these penalties as part of the forthcoming amendment to the Waste Act, which will also align the existing penalty provisions.

Of particular importance is the information on the approach to enforcement presented by the European Commission in the updated FAQ document: enforcement of the obligations applicable from 12 August 2026 should not disrupt trade flows, supply chains or the availability of goods for consumers. In practice, this means that where non-compliance is identified, the competent enforcement authority should:

1. first notify the economic operator concerned and grant a reasonable period to remedy the non-compliance; and

2. only if the non-compliance persists after that period, proceed to further measures, including sanctions.

Possible Conflicts Between the Waste Act and the Packaging Regulation

The Ministry is currently analysing possible conflicts between the Waste Act and the Packaging Regulation and is preparing legislative amendments to fully implement the PPWR into Slovak law.

Updated European Commission FAQ Document

The European Commission has published the 2nd edition of the “PPWR - Frequently Asked Questions” document, replacing the original edition from March 2026. In addition to the expanded interpretation of the definitions of manufacturer and producer, it also includes new guidance on the Commission’s approach to enforcement of obligations. The document is currently available only in English, on the official website of the European Commission.

Summary

• The Packaging Regulation (PPWR) has been directly applicable since 12 August 2026.

• The new definition of a packaging producer under the PPWR applies; the previous definition in the Waste Act is no longer valid.

• Until the amendment to the Waste Act is adopted, a transitional, more lenient enforcement period applies. Enforcement authorities must first issue a warning and allow a period for remedy.

• Penalties under the PPWR will be established in Slovak legislation by 12 February 2027 at the latest.

• The Ministry is preparing an amendment to the Waste Act that will resolve conflicts with the Act and fully implement the Regulation.

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