Packaging that remains in transit through the EU on the way to a non-EU destination is not placed on the market, so PPWR requirements do not attach. The European Commission ties the trigger to the customs act: for imported goods, placing on the market generally occurs when they are declared for release for free circulation.
Article 3(1), point (10), of Regulation (EU) 2025/40 defines placing on the market as the first making available of packaging, whether empty or with a product, on the Union market. Physical presence in a port or a bonded warehouse is not that act.
Where the line falls
| Movement | Placed on the EU market | PPWR requirements attach |
|---|---|---|
| Goods declared for release for free circulation in the EU | Yes | Yes |
| Goods remaining in transit through the EU to a third-country destination | No | No |
| Goods imported, then subsequently exported to a third country without being offered in the EU | No | No |
| Distance sales to an EU end user | Yes, and possibly before release for free circulation | Yes |
The Commission FAQ, in material added in August 2026, states that where packaging or packaged products will not be declared for release for free circulation but remain in transit on the way to a non-EU destination, compliance with PPWR requirements is not required as the goods are not considered placed on the market. It cross-refers to point 19 of the Commission guidance notice.
The distance-sales exception runs the other way
The same answer notes that release for free circulation and placing on the market may not coincide. In distance selling, placement on the market can occur before release for free circulation. An Indian seller shipping directly to EU consumers therefore cannot rely on customs timing to defer the obligation.
Transit is also handled under general EU product rules and customs legislation, so the position depends on the customs procedure actually declared rather than on the routing described on a commercial invoice.
Sources: Regulation (EU) 2025/40, PPWR Frequently Asked Questions, second edition, Commission Notice, guidance document for Regulation (EU) 2025/40
Separating transit volumes from goods actually entering the EU market is a scoping step in EU PPWR solutions, and the definitions that drive it are set out in the PPWR compliance guide.