§3 Definition of a producer of packaging

Legal provisions: Recital (122) mentions that ‘[T]his Regulation seeks to clearly define one producer per packaging unit, whether it is for empty packaging or for packaging containing products. As a general rule, the producer should be the economic operator who, as a manufacturer, importer or distributor established in a Member State, makes available packaged products from within the territory of that Member State and on that same territory. This includes any offer for distribution, consumption or use which could result in actual supply. Thus, where a company buys a packaged product from another Member State other than that where the company is located, or from a third country, and supplies that packaged product in the Member State where it is located, that company should be considered to be the producer, as it is the first company making the packaged product available on the territory of that Member State. With regard to online platforms, the initial offering of a product should be considered as being made available in the sense of the producer definition. However, to minimise any unnecessary administrative burden for small businesses that fill transport packaging, primary production packaging or service packaging, whether as a single-use packaging or as reusable packaging, at the point of sale, the producer should be the manufacturer, distributor or importer of such packaging that makes the packaging available for the first time from within the territory of the Member State, since that economic operator is best placed to comply with the extended producer responsibility obligations.’ Article 3(1), point (15) defines ‘producer’ as ‘any manufacturer, importer or distributor to whom, irrespective of the selling technique used, including by means of distance contracts, one of the following applies: (a) the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory transport packaging, service packaging, or primary production packaging, whether as single-use packaging or as reusable packaging; or (b) the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory products packaged in packaging other than those referred to in point (a); or (c) the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, transport packaging, service packaging or primary production packaging, whether as single-use packaging or as reusable packaging; or (d) the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, products packaged in packaging other than those referred to in point (c); or (e) the manufacturer, importer or distributor is established in a Member State and unpacks packaged products without being an end user, unless another person is the producer as defined in point (a), (b), (c) or (d);’ Commission’s interpretation: Producers and manufacturers are defined under the PPWR for different purposes. The producer is responsible for paying the costs for the collection and recovery of packaging waste in the respective Member State (Article 45(1)). To this end, a producer must register and report to the relevant national authorities as specified in Article 44 and pay the extended producer responsibility (EPR) fee in the Member State, in which the packaging is expected to become waste. If fees are paid in a Member State, and afterwards a distributor makes the packaging available for the first time on the territory of another Member State, the fees must be reimbursed. The manufacturer, on the other hand, must ensure that the packaging complies with the sustainability and labelling requirements specified in Articles 5–12, as specified in Article 15(1), before it is made available on the Union market for the first time. There is only one manufacturer throughout the EU (see section 3 above). Overview of the different roles of manufacturers and producers in the PPWR Manufacturer Producer Definition Manufacturers of packaging or a packaged product. According to the above, it is not the person who manufactures the packaging but the person who ‘orders and decides on the design specifications for packaging’ Exemption for brand owners when they are micro-enterprises, and the person that supplies the packaging is located in the same Member State. Any manufacturer, importer or distributor who makes packaging or packaged products available for the first time in the Member State where it is present or directly to end users in another Member State. Quantity One economic operator EU-wide. The economic operator who makes packaging available for the first time on the territory of the Member State were the packaging is expected to become waste. Function Ensures conformity of the packaging with sustainability and labelling requirements. Finances waste management in the Member State where packaging is expected to become waste. A ‘producer’ is the eligible company in the distribution and supply chain which is responsible for fulfilling the extended producer responsibility obligations in a Member State (Article 45). The PPWR seeks to clearly define one producer per packaging, whether it is for empty packaging, such as transport and service packaging, or situations where packaging is made available on the market containing products, which is the case for sales and grouped packaging. To determine in which Member State EPR obligations apply, it is necessary to check where the packaging is first made available on the territory of a Member State. In practice, this will usually be where the packaging is filled. The definition of producer seeks to identify the economic operator who is responsible for EPR obligations, whether it is the manufacturer, importer or distributor, in the Member State in which the packaged product is made available for consumption and thereby is expected to become waste. Consequently, the manufacturer and producer may not always be the same economic operator, and the producer of packaging will depend on 1) the type of packaging made available on the market, 2) whether it is in the same Member State as it is manufactured, and 3) whether the packaged product is sold to the end user or is further distributed. If the packaging or packaged products is exported outside the EU, where it is expected to become waste, extended producer obligations pursuant to the PPWR will no longer apply to the producer. Packaging is often a part of a long supply and distribution chain in which it is made available several times. Regardless of whether the packaging is further made available in the same Member State or the size of the economic operator, the producer is the economic operator who makes the packaging available for the first time in the Member State. Making available on the market includes any offer for distribution, consumption or use which could result in the actual supply of packaging or packaged products. In the case of online sales, the offering of a product directly to an end user is considered as making available on the market in the Member State of the end user. Below is a demonstration diagram of how the producer in the EU can be identified. To identify producers of transport packaging, it is necessary to consider the definition of producer and the following factors: (1) Is the item ready to serve a packaging function? Transport packaging will often consist of multiple components or ancillary elements, which in themselves do not serve a packaging function. Therefore, if a packaging is only ready to serve a packaging function after other components are added, the assembler will be the manufacturer and the first potential producer. (2) Who is the manufacturer of transport packaging? Contrary to sales and grouped packaging, a producer of transport packaging must be identified for the empty packaging, because it is often the empty packaging that is made available on the market for the first time. However, if the transport packaging bears a name or trademark, the producer will normally be the filler of the packaging. If the transport packaging is not uniquely identifiable, then the actual manufacturer of the packaging will normally be the producer (for further details see point 3 regarding the definition of manufacturer). (3) In which Member State and to whom is the packaging made available? If transport packaging is made available for the first time in a Member State other than the Member State, where the manufacturer of packaging is located, the manufacturer will only be the producer, if the recipient is the end user of the packaged product. If this is not the case, the recipient will be the producer. To exemplify, Company A manufactures big cardboard boxes without a name or trademark in a Member State. Company A sells the empty, cardboard boxes to Company B in the same Member State. In this transaction, Company A is the producer. However, if the cardboard box has the name or trademark of Company B, Company B becomes the producer in that Member State. However, should Company B sell the filled cardboard boxes to Company C in another Member State, the producer will be Company C in the other Member State. Lastly, if the cardboard boxes are exported to a third country, there will be no producer in any Member State as the boxes are not expected to become waste in the EU. As regards producers of sales packaging, the producer is the economic operator who fills the packaging and makes it available for the first time on the territory of the Member State. To exemplify, Company D fills fruit in a container and sells the packaged fruits to a supermarket in the same Member State. In this case Company D will be considered the producer in that Member State since it makes the packaging available for the first time and the packaging is expected to become waste there. However, if Company D sells the packaged fruits to a supermarket in another Member State, the supermarket in that Member State will be the producer, since it will make the packaged fruits available on the market for the first time in that Member State, where it will become waste. In the situation described in Article 3(1), point (15)(d), the producer is identified as a manufacturer, importer or distributor that makes packaged products directly available for the first time to end users on the territory of another Member State. According to Article 3(1), point (23), an ‘end user’ is a natural or legal person that resides in the EU and to whom a product has been made available either as a consumer or as a professional end user, and who does not make that product further available on the market in the form supplied to it. To further exemplify, using the example above, if Company D has a web shop where it sells packaged fruit to an end user of the fruit in another Member State, Company D will be the producer and must fulfil the extended producer responsibility obligations in the other Member State. The determining factor will therefore be whether the professional end user uses the product in its production and thereby does not make the product further available in the form it was supplied. Logistics companies which receive imported packaged goods from third countries and conduct handling activities, such as unpacking or repacking into smaller quantities before sending the packaged product, are not to be considered end users. Rather, they are the producer of the transport packaging if the product is repackaged, even though they do not have ownership of the packaged products.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07