Second edition of PPWR FAQs released: manufacturer role clarified for retailers' own brands

The FAQs also provide clear answers on the manufacturer role for retailers' own brands, a question that has been the subject of some controversy in recent months. The new section II.6 of the FAQs expressly states that where an ordering party has packaging or packaged products manufactured under their own name or trademark, the ordering party is in a position to specify the characteristics of the packaging. According to the FAQs, this also applies where standardised packaging is used and the ordering party does not ask for changes to the design or the production process.

"The company which commissions another company to manufacture packaging or packaged products under its name or trademark is in a position to determine the characteristics of the packaging, including the branding of packaging which could influence the packaging's conformity assessment. This is also the case when an economic operator simply chooses a standardised packaging option and does not ask for changes to the design and the production process." (Extract from section II.6 of the FAQs)

Previously, economic operators had taken the view that, even if packaging bears a retailer's own brand, the retail company in question does not have sufficient influence over the production of the packaging and therefore cannot be considered the manufacturer. The Commission has now provided clarity on this matter, thereby also confirming the legal assessment made by the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR):

In the case of retailers' own brands, the retail company is considered the manufacturer under the PPWR. As a consequence, the retail company is usually also the producer who must undertake system participation in Germany.

Please note: this also applies where the packaging bears not only the retailer's own brand name but also the manufacturer's name. The EU Commission confirmed this in a statement dated 7 August 2026 responding to the Federal Ministry for the Environment’s (BMUKN) renewed request for confirmation, with a view to the provisions of section II.7 of the FAQs. Now, it is clear that the provisions of section II.7 of the revised FAQs only address specific circumstances (for example, certain licensing arrangements) and that the clear classification of retailers' own brands has not changed. As a result, the case-by-case assessment referred to in section II.7 does not apply to retailers' own brands even if the packaging bears both the filler company's / manufacturer's and the retail company's name.

Second edition of the EU Commission's FAQs (3 August 2026)

Clarification regarding the EU Commission's FAQs (16 June 2026)