The PPWR introduces new requirements for companies that manufacture, import, distribute, make available or unpack packaging within the European Union. A central starting point for understanding these obligations is one key question: Which role does a company play within the supply chain?

Article 3(12) of the PPWR defines the relevant economic operators. These definitions are essential because the responsibilities of a company depend on the role it assumes under the Regulation.

For example, the manufacturer must issue a Declaration of Conformity, while the importer is not subject to this specific obligation. The importer, however, has certain additional responsibilities regarding labelling that do not apply in the same way to distributors.

Therefore, any company that unpacks packaging or makes packaging available on the EU market must carefully assess its role. This assessment should also take into account the analysis of the packaging itself, which we discussed in our previous post.

In this article, we take a closer look at the key economic operators: manufacturer, supplier, importer, distributor and fulfilment service provider.

The key economic operators at a glance

Why this classification matters

Once the role of a company has been determined, this classification automatically leads to a specific set of obligations. These obligations differ depending on the function the company performs within the distribution model.

The manufacturer carries most of the responsibilities. These include ensuring the conformity and documentation of the packaging by carrying out the conformity assessment procedure, issuing a Declaration of Conformity and keeping the technical documentation. In addition, the manufacturer must ensure correct labelling.

The responsibilities of importers and distributors, on the other hand, mainly relate to certain labelling aspects and specific due diligence obligations.

In summary: Each role comes with its own responsibilities. This is why understanding “who is who” within the supply chain is crucial.

Manufacturer is not the same as Producer

One of the central aspects of the PPWR concerns EPR responsibilities. These responsibilities must be fulfilled by the Producer.

It is extremely important to clearly distinguish between Manufacturer and Producer. These are different concepts and must not be used as synonyms.

Article 3(15) of the PPWR provides five scenarios in which either the manufacturer, the importer or the distributor may additionally qualify as a Producer.

Two of these scenarios concern domestic situations, two concern cross-border situations, and the fifth scenario refers to the so-called Unpacking Scenario. This is a new concept, as it did not exist under the previous packaging legislation.

In summary, only the three economic operators mentioned above — manufacturer, importer and distributor — can also be considered Producers.

Who qualifies as Producer?

To determine who qualifies as Producer, two main questions must be considered:

• Will the packaging become waste in the territory of the respective Member State?

• And who made the packaging available there for the first time?

Other aspects must also be considered in the assessment, such as whether the recipient of the packaging is an end user or not.

The economic operator that qualifies as Producer must fulfil the EPR responsibilities in the respective Member State.

The PPWR introduces a wide range of new requirements. In order to implement them correctly, companies must first understand which role they play within the supply chain.

The classification as manufacturer, importer, distributor, supplier, fulfilment service provider or Producer is not merely a formal question. It determines which specific obligations a company must fulfil.

Once there is clarity on the personal scope along the supply chain, companies can approach PPWR compliance in a structured and legally sound way.

Do you have questions about the personal scope of the PPWR?
Do not hesitate to contact us — your compliance starts here.