Shortly before the important deadline for the EU Packaging and Packaging Waste Regulation (PPWR) on 12 August 2026, several retail companies have informed their private-label suppliers in writing about their expectations regarding PPWR implementation. Some retailers have requested that their suppliers provide the necessary compliance documentation and support, including, in particular, the preparation and provision of the Declaration of Conformity (DoC) and technical documentation. However, legal responsibility under the PPWR cannot simply be transferred through contractual arrangements. Companies must determine their responsibilities based on the PPWR definitions of “manufacturer” and “producer.” Packaging placed on the market for the first time after 12 August 2026 must comply with the PPWR requirements and include the required manufacturer information.
Strict Requirements for Traceability, Conformity, and EPR Financing
In addition, seamless traceability of packaging is required. This must be ensured through identification information such as type, batch, or serial numbers and must cover sales packaging, secondary packaging, and transport packaging. Furthermore, retailers and other responsible companies must ensure that the Declaration of Conformity is available and that the necessary conformity assessment procedures have been carried out. This applies in particular to compliance with the new requirements regarding substances of concern, including the limits for PFAS and heavy metals in packaging pursuant to Article 5 of the PPWR. At the same time, retail companies must prepare for additional requirements regarding the use of recycled materials and recyclability, which will be introduced progressively towards 2030 and beyond.
However, the industry warns that differing interpretations of the terms “producer” and “manufacturer” could lead to significant challenges, particularly regarding the financing of packaging recovery systems. If companies fail to correctly identify and fulfil their Extended Producer Responsibility (EPR) obligations, financing gaps could arise. Given the high proportion of private-label products within licensed packaging volumes, this is considered a serious risk.
ZSVR and the EU Commission Assess the Definition of “Manufacturer”
Clarity is provided by the position statement of the Central Agency Packaging Register (Zentrale Stelle Verpackungsregister – ZSVR), published on 19 June 2026. In response to an inquiry regarding the European Commission’s guidelines on the definition of the term “manufacturer”, the BMUKN received explanatory information on 16 June 2026, including the following practical example illustrating the European Commission’s official interpretation:
“When [RETAILER] sells [BRANDED PRODUCT/THIRD-PARTY BRAND], then [BRAND MANUFACTURER] is deemed to be the manufacturer. When [RETAILER] sells its own brand, [RETAILER’S OWN BRAND], then [RETAILER] is deemed to be the manufacturer, even if the filler is different from [RETAILER]; it may even be [BRAND MANUFACTURER] that packages a variety of [PRODUCT] for [RETAILER] exclusively under the brand [RETAILER’S OWN BRAND].”
The publication of this legal interpretation was also coordinated with the Federal Ministry for the Environment, Climate Action, Nature Conservation and Nuclear Safety (BMUKN) and the German Environment Agency (UBA).”
Under the PPWR, the term “manufacturer” refers to the economic operator responsible for packaging conformity, i.e., the operator that manufactures packaging or has packaging designed or manufactured under its own name or trademark. The role of the “producer” must be assessed separately and relates to Extended Producer Responsibility (EPR), including the financing of packaging waste recovery in the relevant EU Member State.
Based on this legal interpretation, are you unsure whether your company is considered a manufacturer or a producer within the meaning of the PPWR and in need of assistance? Magdalena Barylska is happy to assist and support you with the implementation of the PPWR at sales@trade-e-bility.de.
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