Mail order companies and online retailers – what will change under the PPWR?

If you manufacture packaging intended for shipment that bears an ordering party's name, logo or brand, or are instructed to design such packaging for them, that ordering party is considered both the manufacturer and producer under the PPWR – regardless of whether you are based in the same country or abroad. 

This means: the responsibility for financing the recycling of the packaging in question (producer obligation) as well as the obligation to prepare the technical documentation and declaration of conformity (manufacturer obligation) lie with the ordering party.
Please note: even if your company's name is also printed on the packaging in question, the responsibility still lies with the ordering party. However, as the supplier of the empty packaging, you are required under Article 16 PPWR to provide the ordering party with all information and documentation (such as the technical documentation) necessary to meet their manufacturer obligations and demonstrate the conformity of the packaging.

Micro-enterprises
Under the PPWR, there is a narrowly defined exception to these manufacturer obligations for micro-enterprises (pursuant to 2003/361/EC: fewer than ten employees and an annual turnover or balance sheet total not exceeding two million euros): if you are a supplier of empty, complete packaging intended for shipment and you are based in the same Member State as the micro-enterprise, then you are considered the manufacturer and producer even if the micro-enterprise has you design the packaging under its own name or brand.

If you are the first party to make shipment packaging without an ordering party's name, logo or brand available within the domestic supply chain, you initiate the supply chain and are considered the producer under the PPWR. Producer status requires that the packaging must already be complete at the time it is delivered to your customers, for example, a cardboard box or a shipping envelope with an integrated self-adhesive strip. In this situation, either the manufacturer of the packaging or the importer or wholesaler that sources the packaging from abroad and redistributes it in Germany may be considered the producer.

Please note: who is considered the manufacturer and is therefore responsible for ensuring packaging conformity must be examined separately according to the circumstances. Please visit the Distinguishing between manufacturers & producers page for guidance on this matter.

If you supply individual packaging materials to your customers or ordering parties – such as cardboard boxes, adhesive tape or filler material – which are put together with other packaging components to form complete packaging, you are neither the manufacturer nor the producer within the meaning of the PPWR.

Please note: however, as the supplier of the empty packaging, you are required under Article 16 PPWR to provide the ordering party with all information and documentation (such as the technical documentation) necessary to meet their manufacturer obligations and demonstrate the conformity of the packaging.

If you have another party design or manufacture packaging under your name, logo or brand and you use that packaging to ship your products, you are considered both the manufacturer and producer under the PPWR – regardless of whether the business from which you purchase the packaging is based in Germany or abroad. This means: you will be responsible for financing the recycling of this packaging as well as for its technical documentation and the declaration of conformity.

Please note: even if the name of your packaging supplier is also printed on the shipment packaging, this does not change anything about your responsibility. However, your supplier is required by Article 16 PPWR to provide you with all the information and documentation that you need to fulfil your obligations.

Micro-enterprises
Under the PPWR, there is a narrowly defined exception to these manufacturer obligations for micro-enterprises (pursuant to 2003/361/EC: fewer than ten employees and an annual turnover or balance sheet total not exceeding two million euros): if you have packaging designed or manufactured under your own name, logo or brand, and the supplier of the empty, complete packaging intended for shipment is based in the same Member State as you, then your supplier is the manufacturer and producer.

If you use packaging without your name, logo or brand to ship your products, your responsibilities depend on the individual circumstances. Two scenarios may be particularly relevant:

1. Do you put different packaging materials (such as a cardboard, adhesive tape, filler material) together to form a unit of packaging for your online sales? 
   If so, you are the manufacturer of that packaging because you are completing the packaging. You are also the producer under the PPWR and must finance the recycling of your packaging. 

2. Do you change packaging that is already complete? 
   If you add something to packaging that was already complete (such as packaging with an integrated adhesive strip), like additional adhesive tape or filler material, you need to check whether the change could negatively affect the conformity of the packaging. If it could influence or impact the recyclability of the relevant packaging, you are the manufacturer of that packaging under Article 21 PPWR as well as the producer with all the other associated obligations under packaging law.
   Please note: this also applies  if you use primary packaging (sales packaging) to also ship your products and you add something to it. 

Manufacturer or producer? Your obligations under packaging law:

• As a manufacturer, you are responsible for the packaging's technical documentation and declaration of conformity. Whoever supplies you with your packaging or packaging materials has to provide you with all the information and documentation you need to fulfil this obligation. 
  Please note: packaging conformity must be evaluated for the complete packaging in its final form. Considering each packaging material individually is not sufficient because recyclability depends on how all the packaging components work together. 

• As a producer, you must bear responsibility for financing the recycling of your packaging in the EU Member State where it accumulates as waste. You must ensure that all the packaging components participate with a system.

If your company is located abroad and you ship packaged products directly to end users in Germany, then under the PPWR you are at a minimum the manufacturer and producer of the packaging intended for shipment that you use. It does not matter whether your company is located in another EU Member State or in a third country. This means: you will be responsible for financing the recycling of this packaging as well as for its technical documentation and the declaration of conformity. Please note: your supplier is required by Article 16 PPWR to provide you with all the information and documentation that you need to demonstrate packaging conformity. 

You are also responsible for checking whether you have any other responsibilities, for example for the sales packaging of the products you distribute to your customers. 

Please note: if your company is not established in Germany, you are required to appoint an authorised representative to fulfil your extended producer responsibility in Germany. The authorised representative will assume your obligations under packaging law, except for registering with the LUCID Packaging Register.

Authorising a representative