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The producer definition under the PPWR
The EU Packaging and Packaging Waste Regulation (PPWR) introduces a consistent, Europe-wide framework for the entire packaging lifecycle. By harmonising national requirements, the PPWR aims to create a well-functioning internal market across Europe. To this end, the PPWR defines responsibilities along the supply chain. The definition of the term 'producer' is key in this context.
Parts of the PPWR will become legally binding on the general implementation date of 12 August 2026. The PPWR introduces a single definition of the term 'producer' across all Member States: the producer is the economic operator who initiates the supply chain in the Member State where the packaging eventually becomes waste.
This approach differs in parts from the German Verpackungsgesetz (Packaging Act), which has applied to date. Companies should check early: Are you considered the producer for a certain unit of packaging? Which role do you have in the supply chain? What responsibilities does this role entail?
To help you understand how the producer is determined under the PPWR, you will find guidance and a simplified decision tree below.
Domestic precedence: producers fund the waste disposal infrastructure
The PPWR follows the principle of 'domestic precedence'. This means that producer responsibility is determined in the Member State where packaging effectively becomes waste.
This means: If packaging is disposed of in Germany, the first company in the German supply chain is the producer under the PPWR. This approach is to ensure that the waste disposal infrastructure in a given Member State is funded within that same country. Depending on the specific supply chain setup, different economic operators could be considered producers under the PPWR: the manufacturer, the distributor or the importer.
Who is the producer under the PPWR?
The PPWR seeks to clearly define one producer per packaging unit. The following decision tree offers a high-level, simplified assessment tool to help you roughly determine if your company is considered a producer. Please note that this decision tree provides an incomplete picture and should be used for initial guidance only.
Who initiates the supply chain?
The decisive factor is when packaging is considered 'complete' and which company initiates the supply chain in the specific Member State where the packaging becomes waste:
In the case of transport, service and primary production packaging that is already in its final form (as is typically the case with rigid packaging), the supply chain begins with the complete, empty packaging.
In the case of transport, service and primary production packaging that does not take its final form until it is filled (as is typically the case with flexible packaging), the supply chain begins with the packaging unit's filling (i.e. with the complete, empty packaging being filled).
In the case of sales and grouped packaging, it begins only once the packaging has been filled, i.e. with the packaged product.
This differentiation is decisive for determining which company is the producer.
Producer responsibility and other roles under the PPWR
The PPWR creates a clear distinction between a company's supply chain role and its legal obligations under packaging law due to its producer role.
Specifically, the 'producer' is the party that is subject to the organisational and financial extended producer responsibility obligations.
The roles of 'manufacturer', 'distributor' and 'importer' describe the functions and responsibilities a company is required to assume at different stages in the supply chain.
The manufacturer
This party is responsible for ensuring the unit of packaging complies with the PPWR. Going forward, they must prove conformity through technical documentation and provide a declaration of conformity for each unit of packaging.
Any company that manufactures packaging or packaged products under their own name or trademark is considered a manufacturer. It does not matter if the company legally owns the trademark. Licensees or affiliated group companies can also be manufacturers. The decisive factor is the link between the name/trademark and the production or filling of a unit of packaging. Whether the de facto manufacturer is also named on the packaging or not is irrelevant.
For a party to be considered a manufacturer, the packaging unit in question must be complete (including all components). If it is incomplete, the item in question is considered 'packaging material' and the maker is a 'supplier' (with different information obligations regarding the packaging's conformity with the PPWR). If packaging is placed on the market without a name or trademark, the party who effectively manufactures it in its final state is considered the manufacturer.
If the manufacturer is based in the same EU Member State where the packaging becomes waste, they are also considered the producer because there is no other company further upstream in the supply chain.
Importers vs. distributors
Economic operators have clearly defined obligations under the PPWR. They may also assume the two additional roles of 'importers' or 'distributors'. These market participants play an important part in ensuring packaging compliance. Producers may also be classified as importers or distributors.
Importers: Importers based in Germany bring complete, empty packaging or packaged products from a third country into Germany. Imports from another EU Member State are not categorised as 'imports' within the meaning of the PPWR; in this case, the economic operator is the distributor.
Distributors: Distributors based in Germany offer complete, empty packaging or packaged products originating from another EU Member State on the German market.
If the manufacturer is based abroad, the first company in the domestic supply chain is considered the producer.