The manufacturer under the PPWR Regulation – who are they and what are their obligations?

Under the provisions of the PPWR Regulation, the role of manufacturer is not always fulfilled by the entity that physically produced the packaging in question. In some cases, the manufacturer of the packaging may be the brand owner, an importer or a distributor. Find out how the PPWR Regulation defines a manufacturer and learn about the obligations that this entity must fulfil.

Who is a manufacturer under the PPWR Regulation?

In accordance with Article 3(1)(13) of the PPWR Regulation, a packaging producer is any natural or legal person who:

• produces (i.e. physically produces) the packaging or the product inside the packaging, or
• draws up specifications, commissions the design or manufacture of the packaging or the product inside the packaging under its own name or trade mark. In this case, it is irrelevant whether another party’s trade mark appears on the packaging or the product. What is decisive is who determines the design and specifications of the packaging and markets it under their own brand.

Exception: If the business commissioning the production of packaging is a micro-enterprise and the packaging supplier is established in the same Member State, the packaging supplier, rather than the brand owner, is deemed to be the producer.

Throughout the EU, each package may have only one manufacturer within the meaning of the PPWR Regulation.

See also: Who is a producer within the meaning of the PPWR regulations?

‘Producer’ as defined in the PPWR – practical examples

Manufacturer retail or bulk packaging is usually the entity that fills is the manufacturer of the product and places it on the market in the EU. In practice, this is usually the owner of the product’s brand. This rule does not apply to service packaging (e.g. drink cups, takeaway food boxes).

Example 1: A cosmetics manufacturer orders empty cream jars, then fills them, seals them, packs them into the cardboard boxes supplied to it, and sends them to a wholesaler. The cosmetics manufacturer is the producer of both the cream jar and the cardboard box, even though both items of packaging were physically manufactured by other businesses.

Example 2: A mobile café sells drinks prepared on the premises in multi-material cups without a logo. The café owner does not manufacture these cups.

The manufacturer of transport packaging, service packaging and packaging for primary production is the actual manufacturer of these packaging items. However, if such packaging bears the logo, trademark or brand name of another entity, then its manufacturer, within the meaning of the PPWR, is the owner of a trade mark or logo.

Example 3: The franchisee sells hot dogs in paper wrappers bearing the franchise chain’s logo. These wrappers are manufactured by the owner of the franchise chain, not by the business owner running the outlet.

Under the PPWR, the importer or distributor of packaging may also be regarded as its producer. This is the case if:

• an importer or distributor places packaging on the market under their own name or trade mark,
• an importer or distributor modifies packaging placed on the market in a way that affects the compliance of that packaging with the requirements of the PPWR Regulation.

Example: Company X imports porcelain mugs from China, packed individually in cardboard boxes. Company X then affixes plastic labels to each of these packages, containing washing and care instructions for the mugs (on the back of the package) and its own logo and the mug’s brand name (on the front of the package). Company X incorporates an element made of a different material into the original packaging, which is relevant to assessing the packaging’s compliance with the requirements of the PPWR; it therefore becomes the manufacturer of that packaging.

The obligations of packaging manufacturers under the PPWR Regulation

Packaging manufacturers must fulfil a number of obligations in relation to the packaging they place on the market. For this reason, operators involved in the packaging supply and distribution chain within the EU must ensure that they correctly identify both their role and the list of their legal obligations.

The main responsibilities of packaging manufacturers include, in particular:

• carrying out the conformity assessment procedure packaging (either independently or in collaboration with relevant organisations, such as testing laboratories),
• drawing up and updating the EU declaration of conformity confirming compliance with the PPWR requirements,
• preparation and storage technical documentation and the EU declaration of conformity for the period required by law (5 or 10 years, depending on the type of packaging and its intended use) and making them available upon request by the competent authorities,
• ensuring compliance and identification packaging manufactured in accordance with the requirements of the PPWR Regulation,
• to be displayed on every package a number that enables it to be uniquely identified (e.g. serial number, production batch number),
• to include on the packaging or in a QR code their name, registered trade name or trade mark, postal address and electronic contact details (where available). All information must be provided in a clear and legible manner and positioned so as not to obscure other mandatory information and markings on the packaging,
• notifying the relevant authorities of suspected non-compliance its packaging with the requirements of the PPWR Regulation and the corrective measures taken to remedy this non-compliance.

The full list of a manufacturer’s obligations within the meaning of the PPWR is set out in Article 15 of the Regulation.