The PPWR distinguishes between two roles. The manufacturer is responsible for the conformity of the packaging, and that is often the brand owner, not the packaging supplier.
Who is actually responsible if a packaging does not comply with the PPWR? The English version of the Regulation uses two terms for this that are easily confused: “manufacturer” and “producer”. The German version calls them “Erzeuger” and “Hersteller”.
The manufacturer (Art. 3(13)) is whoever manufactures a packaging or packaged product, or has it manufactured, and markets it under their own name or trademark. The manufacturer is responsible for conformity: they carry out the conformity assessment, draw up the technical documentation and issue the EU declaration of conformity.
The producer (Art. 3(15)) is the role under extended producer responsibility, i.e. registration and contributing to waste management.
For a food manufacturer that buys in packaging and sells its products under its own brand, this means: as a rule, it is the manufacturer. There is exactly one manufacturer per packaging, and this responsibility cannot be passed on to the supplier by contract.
The supplier still has obligations: under Art. 16, it must provide the manufacturer with all the information and documentation needed to demonstrate conformity.
Your Certiflow team
