The Packaging and Packaging Waste Regulation (PPWR) is now applicable across the European Union, but several questions around responsibility and implementation have required further clarification.
In June 2026, the European Commission published guidance on the interpretation of selected PPWR provisions, addressing questions raised by businesses and Member State authorities. The guidance provides important clarification on who qualifies as a manufacturer, how responsibility is determined for transport packaging, how the manufacturer differs from the EPR producer, and how certain packaging and substance requirements should be interpreted.
These clarifications are particularly relevant for businesses managing large packaging portfolios, transport packaging, private-label products, supplier relationships and packaging placed on multiple EU markets.
Understanding these interpretations can help businesses assign responsibilities correctly and avoid treating manufacturer, importer and EPR producer obligations as interchangeable.
What Has the Commission Clarified About the Manufacturer Definition?
One of the most important PPWR clarifications concerns the definition of a manufacturer.
Under Article 3, a manufacturer is not necessarily the company that physically produces the packaging. The Commission guidance explains that two factors are particularly important when determining the manufacturer:
- The role played in the design or manufacturing of the packaging
- The name or trademark under which the packaging is designed or manufactured
Where packaging carries a particular name or trademark, the owner of that name or trademark can generally be considered the manufacturer because it has the decisive role in its contractual relationship with suppliers and can determine the packaging characteristics.
The Commission also clarifies that there is intended to be one manufacturer within a supply chain for the purposes of the PPWR. This is important for businesses that previously assumed that responsibility could be shared between the packaging converter, brand owner and filler.
For packaging without a trademark or brand name, the analysis can be different. The Commission indicates that the decisive question can be who placed the order and who determined the design specifications.
This makes contractual arrangements, packaging specifications and supplier relationships important parts of determining PPWR manufacturer status.
Transport Packaging Requires a Closer Look
The manufacturer definition becomes particularly relevant for transport packaging. Transport packaging includes packaging designed to facilitate the handling and transportation of sales units or groups of sales units while protecting them from damage during transport. Examples can include cartons, pallets, crates, stretch film and other protective packaging.
For transport packaging, the Commission’s interpretation is that the manufacturer will normally be the company that manufactures the transport packaging. However, there is an important exception where the packaging is clearly branded by the user.
Where transport packaging carries the user’s name or trademark, the user can be considered the manufacturer under the PPWR.
The distinction can be particularly important for businesses ordering custom or branded transport packaging.
How Manufacturer Status Can Differ for Transport Packaging
| Packaging Situation | Manufacturer Under the PPWR |
| Unbranded transport packaging manufactured by a packaging supplier | Normally the packaging manufacturer |
| Transport packaging carrying the user’s trademark | Normally the user of the packaging |
| Packaging without a brand where the customer specifies the design | The party determining the relevant design/order may become decisive |
| Transport packaging assembled from components | The assembler may become relevant where the packaging only becomes functional after assembly |
| Importer or distributor selling packaging under its own name | May be treated as the manufacturer under Article 21 |
The Commission also highlights another important question: whether the item is already ready to perform a packaging function. Where several components are assembled and only become packaging after assembly, the assembler can become the manufacturer and the first potential producer.
This is particularly relevant for businesses using complex transport packaging systems rather than a single ready-made packaging format.
Manufacturer and EPR Producer Are Not the Same
Another important clarification is the distinction between the manufacturer and the producer under the PPWR. These terms serve different regulatory purposes.
The manufacturer is primarily responsible for ensuring that packaging complies with the sustainability and labelling requirements covered by Articles 5 to 12. This includes conformity assessment, technical documentation and, where applicable, the EU Declaration of Conformity.
The EPR producer, on the other hand, is responsible for fulfilling extended producer responsibility obligations in the relevant Member State. This includes registration, reporting and payment of EPR fees.
As a result, the manufacturer and EPR producer may be different companies.
This distinction is especially important for transport packaging because the EPR producer depends on where the packaging is first made available and the role of the economic operator in the supply chain.
The Commission explains that the PPWR seeks to identify one producer per packaging unit for EPR purposes. For transport packaging, businesses need to consider where the empty packaging is first made available and which economic operator is responsible under the definition of producer.
How Should Businesses Identify the EPR Producer?
The identification of the EPR producer depends on several factors rather than simply asking who manufactured the packaging.
Businesses should consider:
- Where the packaging is first made available
- Whether the packaging is empty or contains a product
- Whether it is transport, sales, grouped or service packaging
- Whether the economic operator is a manufacturer, importer or distributor
- Whether the packaging is supplied directly to an end user
- Whether another company first makes the packaging available in the relevant Member State
The Commission states that EPR responsibility generally sits with the eligible company in the supply chain that is responsible for fulfilling EPR obligations in the Member State where the packaging is expected to become waste.
This means businesses should not automatically assume that the company appearing as the manufacturer on technical documentation is also the company responsible for EPR registration and fees.
Article 5: What Businesses Need to Understand Now?
Article 5 is another area where businesses need to distinguish between different requirements rather than treating all substances of concern as one obligation.
The article requires packaging to be manufactured in a way that minimises the presence and concentration of substances of concern in packaging materials and components. It also establishes specific limits for certain substances.
For heavy metals, the combined concentration of lead, cadmium, mercury and hexavalent chromium in packaging or packaging components must not exceed 100 mg/kg.
The PPWR also introduces specific PFAS requirements for food-contact packaging from 12 August 2026. The limits include:
- 25 ppb for any individual PFAS under targeted PFAS analysis
- 250 ppb for the sum of targeted PFAS
- 50 ppm for PFAS including polymeric PFAS, subject to the conditions set out in Article 5
The Commission has also provided an interpretation of how PFAS compliance can be assessed and enforced. Importantly, it notes that there is currently no single harmonised EU methodology for PFAS testing in food-contact packaging. The Commission therefore recommends a stepwise approach using available analytical methods.
For businesses, this reinforces the importance of having reliable supplier information and appropriate technical evidence rather than relying only on generic declarations.
Article 5 Is About More Than PFAS
While PFAS has received significant attention, Article 5 should not be reduced to the PFAS restriction alone.
The broader obligation to minimise substances of concern applies to packaging and packaging components. Businesses therefore need sufficient information about the materials and components used in their packaging to determine whether relevant substances may affect compliance.
This can include information relating to:
- Packaging materials
- Coatings and barrier layers
- Adhesives
- Printing components
- Additives
- Recycled materials
- Food-contact components
- Supplier-provided chemical information
The PPWR requires the relevant Article 5 compliance evidence to be reflected in the technical documentation where applicable. The result is a stronger connection between supplier data, testing and the technical file.
Packaging Identification Is Becoming More Important
The latest interpretation also highlights the importance of correctly identifying packaging before assigning compliance responsibilities.
The PPWR definition of packaging covers items intended for the containment, protection, handling, delivery or presentation of products. However, the Commission explains that an item should not automatically be considered packaging simply because it appears in the indicative list in Annex I.
The actual definition and function of the item must also be assessed.
This matters for businesses dealing with packaging components, ancillary elements and complex packaging systems.
Before assigning a manufacturer or EPR producer, businesses should first establish:
- Whether the item qualifies as packaging
- What packaging function it performs
- Whether it is a packaging component or ancillary element
- Which packaging format it belongs to
- Whether it is sold empty or with a product
- Where it is first made available
- Which company designs, manufactures or brands it
Correct packaging identification provides the foundation for determining the applicable compliance responsibilities.
Packaging Identification Also Supports Traceability
Once packaging has been correctly classified, businesses need to maintain sufficient information to identify it throughout the compliance process.
Article 15 requires manufacturers to ensure that packaging carries a type, batch, serial number or another element allowing identification. Where the size or nature of the packaging does not allow this, the required information can be provided in accompanying documentation.
Manufacturers must also provide their name, registered trade name or trademark and contact information on the packaging or through an appropriate data carrier where applicable.
This creates a direct connection between physical packaging, the responsible manufacturer and the supporting technical documentation.
For businesses with large packaging portfolios, this means packaging identification should be managed as structured compliance data rather than as an isolated labelling exercise.
What Do These Clarifications Mean for Businesses?
The latest PPWR guidance does not create a new compliance regime. Instead, it provides greater clarity on how existing PPWR provisions should be interpreted and applied.
For businesses, the practical priorities are now clearer:
- Review how manufacturer status is assigned across the packaging portfolio
- Identify branded and unbranded transport packaging separately
- Determine who controls packaging design and specifications
- Distinguish manufacturer responsibilities from EPR producer obligations
- Review where packaging is first made available in each Member State
- Establish whether each packaging item actually falls within the PPWR definition
- Strengthen packaging identification and traceability
- Collect supplier information relevant to Article 5
- Review heavy metal and PFAS evidence
- Keep technical documentation aligned with the actual packaging placed on the market
These activities are particularly important for businesses that work with multiple packaging suppliers, private-label products, transport packaging or complex distribution networks.
A More Precise Approach to PPWR Compliance
The latest Commission guidance makes one point particularly clear: PPWR compliance cannot always be determined simply by asking who physically manufactures a packaging item.
The role of the brand owner, the design specifications, trademark, packaging format, supply-chain structure and place where packaging is first made available can all influence the applicable responsibility.
At the same time, EPR producer responsibility follows a separate framework from technical manufacturer obligations.
Businesses therefore need to map their packaging flows before assigning compliance responsibilities. A clear packaging inventory can help connect each packaging format with its manufacturer, EPR producer, supplier evidence, technical documentation and applicable PPWR requirements.
A Practical Approach to the Latest PPWR Clarifications with PackIntelX
As the PPWR moves into its application phase, businesses need practical processes for translating regulatory requirements into packaging-level compliance.
PackIntelX supports organisations through PPWR consulting, PPWR Check, technical documentation, EU Declaration of Conformity support, supplier collaboration, recyclability analysis and digital compliance solutions.
These capabilities can help businesses identify their packaging responsibilities, organise supporting evidence and establish a structured approach to managing PPWR compliance across packaging portfolios and EU markets.
Final Thoughts
The latest PPWR interpretations provide important clarity for businesses dealing with manufacturer responsibility, transport packaging, Article 5, EPR and packaging identification.
For transport packaging in particular, businesses should no longer assume that the company physically manufacturing the packaging is always the only party that matters. Branding, design control, assembly and the point at which packaging becomes ready to perform its packaging function can influence how responsibility is determined.
The distinction between manufacturer and EPR producer is equally important. One relates primarily to packaging conformity, while the other concerns extended producer responsibility within the relevant Member State.
With the PPWR now applicable, businesses should review these roles against their actual packaging flows and ensure that packaging identification, supplier evidence and technical documentation are aligned.
Understanding these interpretations now can help organisations build a more accurate and defensible PPWR compliance process as implementation continues.
FAQs
1. Who is considered the manufacturer of transport packaging under PPWR?
The manufacturer of transport packaging will normally be the company that manufactures the transport packaging. However, where the packaging is clearly branded with the user’s name or trademark, the user can be considered the manufacturer. The Commission also highlights design, assembly and packaging-function criteria when determining responsibility.
2. Is the manufacturer the same as the EPR producer?
Not necessarily. The manufacturer is responsible for ensuring packaging conformity with the applicable PPWR sustainability and labelling requirements, while the EPR producer is responsible for fulfilling EPR obligations such as registration, reporting and payment of EPR fees in the relevant Member State.
3. What does Article 5 of PPWR cover?
Article 5 covers substances in packaging. It includes a general requirement to minimise substances of concern, limits on the combined concentration of certain heavy metals and specific PFAS restrictions for food-contact packaging.
4. What are the PPWR PFAS limits for food-contact packaging?
From 12 August 2026, food-contact packaging cannot be placed on the EU market if it contains PFAS at or above the specified thresholds, including 25 ppb for an individual PFAS under targeted analysis and 250 ppb for the sum of targeted PFAS, subject to the conditions in Article 5.
5. Why is packaging identification important under PPWR?
Correct packaging identification helps businesses determine whether an item qualifies as packaging, identify the relevant manufacturer and EPR producer, maintain traceability and connect the packaging to its technical documentation and conformity evidence.
6. What did the European Commission’s PPWR guidance clarify?
The Commission’s guidance addresses selected questions around the definition of packaging, manufacturer and producer responsibilities, transport packaging, PFAS enforcement, EPR and other PPWR provisions. Its purpose is to support a more uniform interpretation and application of the regulation across the EU.
