Article 18(2) of Regulation (EU) 2025/40 requires an EU importer to verify four things before placing packaging on the market, and every one of them originates with the third-country manufacturer. The European Commission confirms the duty reaches generic and unbranded imported packaging, where a shipping document may carry the required information.
Article 18(1) allows importers to place on the market only packaging conforming to Articles 5 to 12. Article 18(2) then sets the pre-market checks.
The four checks, and who produces the evidence
| Article 18(2) requirement | What the Indian manufacturer supplies |
|---|---|
| (a) The Article 38 conformity assessment has been carried out by the manufacturer, and the Annex VII technical documentation drawn up | Completed conformity assessment and the technical file |
| (b) The packaging is labelled in accordance with Article 12 | Label artwork and material-composition data |
| (c) The packaging is accompanied by the required documents | The document set that travels with the consignment |
| (d) The manufacturer has complied with Article 15(5) and 15(6) | Batch or type identifier, plus manufacturer name and postal address |
Where an importer considers or has reason to believe the packaging does not conform, Article 18(2) bars it from placing the packaging on the market until it has been brought into conformity. The commercial consequence lands on the supplier as a held shipment.
The importer adds its own identification
Article 18(3) requires the importer to put its own name, registered trade name or registered trademark and postal address on the packaging, or where that is impossible, in a digital data carrier under Article 12 or an accompanying document. Article 18(5) makes the importer responsible for storage and transport conditions not jeopardising compliance, and Article 18(7) requires a copy of the EU declaration of conformity to be kept available for market surveillance authorities.
Generic and unbranded stock is not exempt
The Commission FAQ, in material added in August 2026, states that the requirement also applies to imported generic or unbranded packaging materials such as paper sheets, since the absence of information on the packaging does not remove the obligation to demonstrate compliance. For such consignments a document accompanying the packaging on import, such as a shipping document, may satisfy Article 18(2), point (d), provided it carries all the required information.
Sources: Regulation (EU) 2025/40, PPWR Frequently Asked Questions, second edition
Building the document set an importer can actually accept is the deliverable in EU PPWR solutions, and the wider duty map sits in the PPWR compliance guide.