Importer, distributor and supplier under the PPWR – how do you define your role and scope of responsibilities?

The introduction of the PPWR Regulation requires businesses to correctly identify their role in the supply chain. This is because the scope of packaging obligations depends on whether the company acts as an importer, distributor, supplier or fulfilment service provider. Importantly, the same entity may fulfil several different roles simultaneously, and each of these involves separate requirements.

Importer under the PPWR Regulation

An importer of packaging within the meaning of the PPWR Regulation is any natural or legal person who has is resident or has its registered office in the EU and places on the market packaging originating from a third country. Before an importer places packaging on the EU market, they should ensure that:

• the packaging manufacturer carried out the conformity assessment procedure, drew up all the required technical documentation and the declaration of conformity for the packaging,
• the packaging bears a harmonised label to facilitate waste sorting (from 12 August 2028),
• The packaging bears the manufacturer’s details and the packaging identification number.

The importer must include their name, registered trade name or registered trade mark, their postal address and contact details on every package they import. All this information should be presented in a clear and legible manner.

The obligations of the packaging importer also include:

• keeping a copy of the EU declaration of conformity and making it available, together with the full technical documentation, to market surveillance authorities,
• ensuring that the packaging is transported and stored under appropriate conditions which do not adversely affect its compliance with the PPWR requirements,
• withdraw all packaging that does not comply with the PPWR from the market and inform the relevant authorities of this without delay.

Distributor as defined in the PPWR Regulation

According to the definition set out in the PPWR Regulation, a packaging distributor is an entity within the supply chain which places the packaging on the market but is neither the importer nor the manufacturer of that packaging. The distributor of the packaging may be either a natural person or a legal person.

NOTE: The packaging distributor should not be confused with the final distributor. There may be several distributors in the supply chain, but only one of them will be the final distributor.

Before placing the packaging on the market in a given Member State The distributor is obliged to check whether:

• the packaging manufacturer is registered in that Member State’s EPR register,
• a harmonised label has been affixed to the packaging to facilitate waste sorting (from 12 August 2028),
• The packaging bears the manufacturer’s and importer’s details, as well as the packaging identification number.

If the packaging does not comply with the currently applicable requirements of the Regulation, the distributor may not make it available on the market until the non-compliance has been rectified. In cases where packaging that does not comply with the PPWR has already been placed on the market, the distributor must either bring it into compliance or withdraw it from the market. They should also inform the relevant authorities of the non-compliance detected and the corrective measures taken.

At every stage of the distribution of packaging and packaged products, the distributor must to act with due care, including storing and transporting goods in a manner that does not adversely affect their compliance with the PPWR requirements. They are also obliged to provide documentation and information that will demonstrate the packaging’s compliance with the PPWR requirements. Although the PPWR does not require distributors to hold a declaration of compliance, keeping full documentation makes it significantly easier to pass any potential inspection. Interzero’s experts therefore recommend that all distributors obtain such declarations.

Can an importer or distributor also be a manufacturer?

Yes. This follows directly from Article 21 of the PPWR Regulation. The importer and distributor must fulfil the manufacturer’s obligations if:

• place packaging on the market under their own name or their own trade mark,
• modify packaging that has already been placed on the market in a way that may affect its compliance with the requirements of the PPWR Regulation.

Exception: if an importer or distributor meeting the above conditions is also a micro-enterprise, they will not be subject to the obligations of a producer. In this situation, the packaging producer will be the natural or legal person who supplies the packaging to that importer or distributor and is established in the EU.

Find out about the role and responsibilities of packaging manufacturers under the PPWR Regulation >>

Supplier as defined in the PPWR Regulation

Under the PPWR Regulation, a supplier is any natural or legal person who supplies the manufacturer with packaging or packaging materials. The supplier should provide the manufacturer with all the information and documents (including technical documentation) necessary to demonstrate the compliance of packaging and packaging materials with the PPWR Regulation. This information must be provided in a language the manufacturer can understand and supplied in either paper or electronic form.

NOTE: One should not confuse a „supplier” with an „order fulfilment service provider” – these entities are at opposite ends of the supply chain and have different roles and legal obligations.

Order fulfilment service provider at PPWR

The PPWR Regulation adopts the definition of a contract fulfilment service provider set out in Article 3(11) of Regulation (EU) 2019/1020. According to this definition, a contract fulfilment service provider is a business entity engaged in commercial activities, as part of which it provides at least two of the following services:

• product storage,
• product packaging,
• addressing parcels and dispatching products,

…without, at the same time, being the owner of those products. The group of order fulfilment service providers includes entities providing postal services, parcel delivery services or any other goods transport services.

Order fulfilment service providers are required to ensure that the storage, handling and packaging, addressing and dispatch of packaging (whether empty or containing a product) take place under conditions that do not adversely affect the packaging’s compliance with the requirements of Articles 5–12 of the PPWR Regulation. They should also assess whether the packaging manufacturer’s assurances regarding compliance with its EPR obligations are complete and reliable.