PPWR: are you the manufacturer or the producer? Here's what determines your responsibility
With the arrival of the PPWR (Packaging and Packaging Waste Regulation), it is not only the rules on packaging that are changing, but also the way responsibilities are divided along the chain.
One of the most underestimated (and at the same time most significant) changes is the distinction between manufacturer and producer. Terms that sound familiar, but which take on a specific legal meaning under the PPWR.
And that meaning determines who is responsible for compliance.
Wim Geeraerts
Why this distinction is crucial under the PPWR
Many companies still assume today that their packaging supplier is responsible for the compliance of the packaging. However, the European Commission's new guidelines and FAQ make clear that this is often not the case.
The PPWR takes a functional approach: it is not who produces the packaging, but who finalises it and places it on the market, that determines the role.
This leads to an important conclusion: in many cases, the food company itself is the manufacturer.
Who is the manufacturer under the PPWR?
For sales and grouped packaging, the PPWR considers the manufacturer to be the party that carries out the final operations before the packaging is placed on the market.
This includes, among other things:
- filling the packaging
- sealing or closing it
- bringing the packaging and product together
In practice, this means that the manufacturer is usually the packer or filler, and often also the brand owner of the product. The producer of the empty packaging (the converter) is therefore not automatically considered the manufacturer.
"As soon as you fill and place your product on the market, your role changes. Under the PPWR, you are in many cases the manufacturer, with all the obligations that entails."
What is the manufacturer's responsibility?
The role of manufacturer brings with it a number of clear obligations.
As manufacturer, you are responsible for:
- carrying out conformity assessments
- drawing up EU declarations of conformity
- collecting and managing technical documentation
- demonstrating compliance with material and design requirements
Although you use information from suppliers for this, the legal responsibility remains entirely with you.
This means that, as manufacturer, you bear ultimate responsibility for the packaging you place on the market.
One important nuance: these obligations also apply to transport packaging, such as film, pallets and strapping. Each packaging unit must be assessed separately.
Who is the producer, and what does this mean in practice?
Alongside the manufacturer, the PPWR also introduces the role of producer, which is particularly relevant in the context of extended producer responsibility (EPR).
The producer is the party responsible for:
- financing the collection and processing of packaging waste
- registration with national authorities
- reporting
- payment of EPR contributions
The producer is generally the party that first places the packaged product on the market in a given member state, where the packaging will ultimately become waste.
Importantly, the manufacturer and producer are not necessarily the same party.
Practical situations: when are you which?
The concrete interpretation of these roles depends strongly on your activities.
A few typical situations:
- You fill and sell products in Belgium → You are the manufacturer and producer in Belgium
- You export to another member state → The party that first places the product on the market there becomes the producer
- You work with unbranded packaging → The role of manufacturer depends on who designs and orders the packaging
It may also occur that you are the manufacturer for certain packaging and not for others (for example, primary versus secondary packaging).
Common interpretation mistakes
In practice, we already see a number of recurring misunderstandings today:
- Assuming that the packaging supplier is responsible for compliance
- Not distinguishing between manufacturer and producer
- Thinking that transport packaging falls outside the scope
- Collecting insufficient documentation from suppliers
These mistakes can lead to non-compliance, audit problems and increased liability.
How do you approach this in practice?
The challenge lies not only in understanding the regulation, but above all in translating it into practice.
Where do you start?
Which packaging falls under your responsibility?
And how do you ensure a workable and efficient system?
At AMNorman, we support companies with:
- and the integration into existing quality processes
- correctly determining their role (manufacturer vs producer)
- mapping out risks and obligations
- drawing up compliant dossiers
Curious about the details of the PPWR? You can read all about it in our free whitepaper on the Packaging and Packaging Waste Regulation (PPWR).
